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HomeMy WebLinkAbout03-04-2013-Packet Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, March 4, 2013 Regular Council Meeting Agenda 6:00 PM INVOCATION - Remco Brommet, Chaplain for City of Milton Police and Fire CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by the Mayor) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 13-046) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the February 20, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-047) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2013 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the Amendment to Lease Contract between the City of Milton and Larry and Susan Hopkins. (Agenda Item No. 13-048) (Jim Cregge, Director of Parks and Recreation) 3. Approval of the Acquisition of 665.06 SF of Temporary Construction Easement at 2655 Francis Road from Elaine M. Jones for a Combined Purchase Price of $500. (Agenda Item No. 13-049) (Carter Lucas, Public Works Director) 4. Approval of the Acquisition of 5,500.29 SF of Right of Way and 11,051.72 SF of Permanent Construction and Maintenance Easement at 14600 Cogburn Road from Charles E. & Carolyn E. Day for a Combined Purchase Price of $18,000. (Agenda Item No. 13-050) (Carter Lucas, Public Works Director) 5. Approval of the Acquisition of 163,654.40 SF of Right of Way and 43,435.70 SF of Permanent Construction and Maintenance Easement at Northeast Corner of Intersection of Birmingham Highway and Providence Road from the Estate of Dr. Alfred Reinhardt for a Total Combined Purchase Price of $440,000. (Agenda Item No. 13-051) (Carter Lucas, Public Works Director) 6. Approval of the Acquisition of 1,368.52 SF of Permanent Construction and Maintenance Easement and 1,319.43 SF of Temporary Construction Easement at 120 Providence Oaks Pointe from Thomas J. and Kathleen G. Schranz for a Total Combined Purchase Price of $4,400. (Agenda Item No. 13-052) (Carter Lucas, Public Works Director) 7. Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Surveying and Engineering Services for Sidewalk Improvement Projects on Webb Road and Cogburn Road. (Agenda Item No. 13-053) (Carter Lucas, Public Works Director) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing March for Meals Awareness Month. (Presented by Mayor Joe Lockwood) 2. Fulton County Schools Strategic Plan. (Dr. Robert Avossa, Superintendent of Fulton County School System ) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2013 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7) FIRST PRESENTATION 1. Consideration of U12-01/VC12-07 - 14325 Hopewell Road by Dean Riopelle for a Use Permit for Exotic Animals to operate a Primate and Exotic Animal Preserve on approximately 20.74 acres. A 2 part concurrent variance, 1) Not to plant to buffer standards for a width of 75 feet along the east property (Sec. 64-1141(3)(b)). 2) To allow parking between the building and the right-of-way (Sec 64-1145(6)(c)). (Agenda Item No. 13-054) (Kathleen Field, Community Development Director) 2. Consideration of RZ12-17/U12-02/VC12-08 - Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners to rezone from AG-1 (Agricultural) to TR (Townhouse Residential) and request a Use Permit (Sec 64-1825) to develop a 95 unit assisted living facility and 19 single family detached residences on approximately 9.09 acres. A 4 part concurrent variance, 1) To increase the height to 40 feet from average grade to bottom of the roof eave and 2 stories to 3 stories (Sec 64-1095(m)). 2) To reduce front periphery setback from 40 feet to 20 feet along Bethany Bend adjacent to the single family lots (Sec 64-669 (h)(1)). 3) To reduce the minimum side yard setback for single family lots from 7 feet to 5 feet (Sec 64-669(i)(2)(a)). 4) To reduce the minimum rear setback for the single family lots from 25 feet to 20 feet (Sec 64-669(i)(3)). (Agenda Item No. 13-055) (Kathleen Field, Community Development Director) 3. Consideration of RZ13-01/VC13-01 – Northeast Corner of Bethany Bend and Cogburn Road by Arrowhead Real Estate Partners to rezone from AG-1 (Agricultural) to O-I (Office-Institutional) to develop a 95 unit, 2 stories, assisted living facility on approximately 4.733 acres. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback along the east property line (Section 64- 1091(b)). (Agenda Item No. 13-056) (Kathleen Field, Community Development Director) 4. Consideration of RZ12-18 – To amend Chapter 64, Article VI, Division 2, AG-1 (Agricultural District) as it pertains to fencing. (Agenda Item No. 13-057) (Kathleen Field, Community Development Director) 5. Consideration of RZ12-19- To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. (Agenda Item No. 13-058) (Kathleen Field, Community Development Director) 6. Consideration of RZ13-02 – To amend Chapter 64, Zoning Ordinance, Article 1, in General, Sec. 64-1 Definitions. (Agenda Item No. 13-059) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2013 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Consideration of RZ13-03 – To delete Article VII, Division 5A-Deerfield Plan of the Highway 9 Overlay District and concurrently adopt a new Article XX, Deerfield/Highway 9 Form Based Code. (Agenda Item No. 13-060) (Kathleen Field, Community Development Director) 8. Consideration of RZ13-04- To amend Article VII, Division 5, State Route 9 Overlay District, Section 64-1069(a), Regulations; applicability. (Agenda Item No. 13-061) (Kathleen Field, Community Development Director) 9. Consideration of RZ13-05 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1839 – Apartments. (Agenda Item No. 13-062) (Kathleen Field, Community Development Director) 10. Consideration of RZ13-06 – To adopt the corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all zoning actions prior to January 1, 2013 as shown on “Current Zoning Map Dated January 2013.” (Agenda Item No. 13-063) (Kathleen Field, Community Development Director) 11. Consideration of RZ13-07- To amend Article XIX Crabapple Form Based Code, Article 5 Standards and Tables, Table 9 Specific Function and Use. (Agenda Item No. 13-064) (Kathleen Field, Community Development Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 3 – Hopewell Road/Cogburn Road at Francis Road/Hopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-065) (Carter Lucas, Public Works Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING MARCH 4, 2013 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 6 – 2643 Francis Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-066) (Carter Lucas, Public Works Director) 3. Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 4 – 14750 Hopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes. (Agenda Item No. 13-067) (Carter Lucas, Public Works Director) 4. Consideration of a Professional Services Agreement between the City of Milton and Wiley &Wilson, Inc. for Renovations to the Hopewell House. (Agenda Item No. 13-068) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 13-069) The minutes will be Provided electronically Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on February 20, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of the Amendment to Lease Contract between the City of Milton and Larry and Susan Hopkins ______________________________________________________________________________ Department Recommendation: Staff is recommending the ratification of the amendment to the existing lease contract between the City of Milton and Mr. Larry and Mrs. Susan Hopkins for the property at 15260 Bell Park Drive. Executive Summary: Mr. and Mrs. Hopkins sold their house and land to the City of Milton on October 4, 2012. At the time of the sale, the City of Milton and Mr. and Mrs. Hopkins entered into a lease which allowed them to stay in the home through April 4, 2013. Currently, Mr. and Mrs. Hopkins are working on constructing a new home, however they have experienced delays in the construction. They have requested an extension for 6 months. This lease extension would end October 4, 2013. Funding and Fiscal Impact: The City will be paid rent by at the current rate of $10.00/month. Allowing them to stay in the property will not have any negative impact on the current expansion plans for Bell Memorial Park. Alternatives: There are 2 alternatives. The first is to move to a month – to – month lease which would likely cause Mr. and Mrs. Hopkins an added level of anxiety as they build their new home. The second alternative would be to deny their request for an extension and require their departure on April 4, 2013 which would likely create an unwarranted hardship for them. Legal Review: Ken Jarrard – Jarrard & Davis, February 4, 2013 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Amendment to Lease Contract and SAVE Affidavit. STATE OF GEORGIA COUNTY OF FULTON AMENDMENT TO LEASE CONTRACT THIS AMENDMENT (the "AMENDMENT") TO LEASE CONTRACT (the "LEASE," a copy of which is attached hereto and incorporated herein by reference as Exhibit "A") between CITY OF MILTON, GEORGIA (hereinafter referred to as "Lessor") and LARRY HOPKINS and SUSAN T. HOPKINS (hereinafter referred to collectively as "Lessee") amends the Lease as provided below, by agreement of the parties, as of this -/�/ day of , 2013. F�6 WITNESSETH That in consideration of the mutual covenants hereinafter set forth, the parties do hereby covenant and agree to modify the Lease as follows: Premises and Term Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor the property, including a residence located thereon, located at 15260 Bell Park Drive, Milton, GA 30009 in Fulton County (hereinafter referred to as the "Premises") for a term terminating on October 4. 2013. All other terms and provisions of the Lease not modified by this Amendment shall retrain in full force and effect. IN WITNESS WHEREOF the parties have executed or caused this Amendment to be executed by authorized officials in duplicate, the day and year first above written, f SIGNATURES ON THE FOLLOWING PAGE] SIGNED, SEALED, AND DELIVERED in the presence of: itness VvL" 0 - (L Notary Public [NOTARY SEAL] My Commission Expires: LESSEE: Larr H s J Susan T. Hopkins This /�— Day of , 2013 CITY OF MILTON, GEORGIA BY: Joe Lockwood, tXor [CITY SEAL] This Day of F JrLC , 2013 SIGNED, SEALED, AND DELIVERED in the presence of: Witness Notary Public<A' Gn n••'• [NOTARY SEAL] r o''f • a My Commission Expires z k1c `• •�ijUN r rE G SAVE Affidavit By executing this affidavit under oath, and as an applicant for the lease of property from the City of Milton, Georgia, the undersigned applicant verifies one of the following with respect to his or her application for a public benefit: 1) I am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e){1), with this affidavit. secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in the City of Milton, Georgia. L signature of Applicant f- �s ;/Vs Printed N ie of Applicant SUBSCRIBF-D AND SWORN BEFORE ME YN THIS THE ILP' -N DAY D , 2013 NOTARY PUBLIC: My Comm'ssion xpires: Lp I i ILA To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 20, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 665.06 SF of Temporary Construction Easement at 2655 Francis Road from Elaine M. Jones for a Combined Purchase Price of $500 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $500. Executive Summary: To provide for intersection improvements the acquisition of 665.06 SF of Temporary Construction Easement is required. The combined purchase price is $500. Funding and Fiscal Impact: Funding for this acquisition is available in the Hopewell/Francis/Cogburn Intersection Improvement capital projects fund. Alternatives: N/A Legal Review: N/A Attachment(s): Purchase Agreement City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 AGREEMENT TO PURCHASE REAL ESTATE Project: 12 -PW -01 Parcel: 7 Tax Parcel IDIS: 22-5061-0618-005-2 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to Citi of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 678 and 679 of the _2nd_ District, _ 2nd_ Section of _Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereof by reference. For the surif d$-34&0-Jhe undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. Acres of Right of Way Linear Feet of Limited Access Acres of Permanent Construction and Maintenance Easement 665.059 Square Feet of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsonvor 7) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. Witness my hand and seal this � day of Joc��2/ , ac . Signed, Sealed and Delivered in the presence of: Pi{Seal) ess J � • •., Q� - t f1f, ' ` 0 � 1 AVL 1 tin 1 �_ IN?._. kf [i:• ••DIY! 4 0 Property Owners Address: Telephone/Contact Number: OC'a1hCf;ji,€ e)n OA pf CIO 16 P at• 01 H��LyiT��0 Lo J ci J' i ve 15;1V Y)q Yz`id-f -) -W= J eal) No Text No Text MATCH LIN£ STA 59-00 SEE SHEET 5 Of !Z Ro 63.0p I IR I _ EddR _�•-..00 ry•. Y o� a it r`.A �� r .• � •r� ab m� �g u 8g i Ro 63.0p I IR I _ EddR _�•-..00 ry•. Y o� a 6 :rq A A rh A i `;il: �g � m�pi� V V •1 b:Z: •ap Q� 6o OO a0 "i��m� �.N NO va q0 aC �� V4giiyy:�, :b yb [p V ibi�Vl •y.[.� yN N y� 4 UItr� trt N. , p y M • m _ Oa y A Y • N H N 4 C ti 0 • }� 1 AAi a i y i � y[ . y a b a N . O N_ b a• N a N � ~: t� � 4 pp pp pp C �1 N' a pp yy�� ryry �y 'Q N`-` a`Q �4 Nq:�\;f• :d nt. w6 i0 ~Oi NV ~aih2.Y; • p OO 4 n D 6 bq � D Oq Oq O rbc qb b Vmj � 5 � 5 �! \ [ ~ • tA• . t, 11 it til � � � � ~ : M1 � \ y • m.. n n n n n� : i: F F F p • gy p F p to F ' m' pp Y •b V Vp q•'�i v� 4b i b�. �p AQ mN G�1 yIY • N. qp, mmyy�� .O y0 V'O i0 i0irAryy .lyq; O m. • � N p w b m O V M S Cii� . V� •a9+ .,ao a fry � 6 M • 0AO � • O . • 0 2 u i c� a • b bqq Oqq 6 bq i n~' n n To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 20, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 5,500.29 SF of Right of Way and 11,051.72 SF of Permanent Construction and Maintenance Easement at 14600 Cogburn Road from Charles E. & Carolyn E. Day for a Combined Purchase Price of $18,000 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $18,000. Executive Summary: To provide for intersection improvements for the acquisition of 5,500.29 SF of Right of Way and 11,051.72 SF of Permanent Construction and Maintenance Easement is required. The combined purchase price is $18,000. Funding and Fiscal Impact: Funding for this acquisition is available in the Hopewell/Francis/Cogburn Intersection Improvement capital projects fund. Alternatives: N/A Legal Review: N/A Attachment(s): Purchase Agreement City of Milton t 13000 Deerfield Parkway Suite 107C Millon, Georgia 30004 AGREEMENT TO PURCHASE REAL ESTATE Project: 12 -PW -01 Parcel: 5 Tax Parcel IDN., 22-5060-0679-050-5 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1,00), receipt whereof being acknowledged, the undersigned grants to City of Milton an irrevocable option to acquire the following described real estate: Right of Way andlor Easemenl rights through that tract or parcel of land located in Land Lot 678 and 679 of the _2nd_ District, _2nd_ Section of _Fulton County, Georgia, and being more particularly described :1Ex 'bit' "attar,}fed hereto and ade a part hereof try referee For the sum of $ 8,0, he undersigned agrees to'exec toe arrd deliver to�ity o(,Mi fee simple title and easements to the lands owned by tKe undersigned as reflected on the attached Exhibit "A", : a + + r r r r e r . ♦ ,c . • + . r . . r r . : r x : . . r + x r : . r . . . . + The following conditions are imposed upon: the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. ,126— Acres of Right of Way Linear Feet of Limited Access .254 Acres of Permanent Construction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any lime during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Millon and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents Into a contract to sell and buy without the necessity of any further instrument in wriling. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herin provided, the undersigned will convy, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, In fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, if any, are tiste4 an Ex ibit "t3", which is attached hereto and incorporated herein by reference. Witness my hand and seal this day of ILI . ������w�� ICY Signed, Seated and Delivered AT �ATAj�y the presence of: C .(Joe Ws%�— �f�� • ��. _J c {Seal) Wiln -t ► !. eW i Er {Seal) No At *ul Approved -City of Mi n ',.� Gry''�fto 00.06 Properly Owners Address: It Telephone/Contact Number: _T� m �7�1 c..'�-t- �`? !�.5 �-"�� A yI S ' u -i v� [- Xiti 0—r—c1.. —r sir r`�1 i l� LC� (YA r No Text No Text No Text _ c Z & d: �- . C � a � � y 4 � 4 4 4 1i ti � •� C k 4 U • N Y W E W 1 W W 4� W $ $ 3 S 3 W 3 • q •.l h h 4 N raa'l V OON poN pYf N � 4 •/p1 ph �i O •'a a ppK a pM n p N :1-: iL'i:6�0 6= QT S- CV .[moi A ❑! ❑� Ow S� S! S� 6n Op 0e 00[] 6: N: • � d2 :O� O• O� .qO� p' ubi w:� O. ti. q. p. N. 6. p. �. 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Nes ono N! : N •�!�C;N1 d� O[O .nom 7ti Y V••f �P <n •n Wtr � �� 6 N P• N@. i Z � +� + e a: :¢ a a a W: tih `p ppo vM aq ppa ❑ Tn�nmac p +-fid mN op •a dm o q Nf c • o: HN • S Nm 0q ❑q a•A 4nTh++des 6q NO • 4p �h h� �'.N !~ P� Oq�hAti M.p ^'In +qf udi .d'.N Nb v.a bOwp t'.di Hti NN n� �: �� • : oW] �gy Hwy �Ny yN� W c9 4 �p I,2� c►y� yN� 1.� 10 ❑ . yr •as ••a < T �o ' 4K�j • (� j� :yyF.'�� �❑ •-] U 9 9 ❑wq iTaa4 v � 4 4 G � 9 9 9 v 4�W l� al� } op W • R � q fa ^ u � ❑ 4 O O: yy�f �. ❑ •{ U U •� $ L 2 z Y IIf • H� ! 4 S p � Y � 5 � ] 7 WN O • n � b 4 p 4 k p P a q P: ul 4 V •''� 1, C V O U L x •{ $ V V U V o�V N b w q Ir N J.Z C¢ ! w; iU i p❑p� O vh .� wp P� dry n v`'ia o1 $• o= ❑ r�: q}tm0t� y�y� � h_ H� N•6 �^ a : j • 44 • i s a cc ¢ a a N n¢ a t a R ab y 2 ha qr ❑ p hp T 00 F,. 1.: 4r wuN+�w❑�ON nP Ch+f�V •4c�dd o_ ro• Na; dei do u �+ m�'.dm aim .ud 'a d:"ad• � '� (O��v�i : H. � • •.a% .'1r;_NNMa Oa .10 .1h hl •C ��HI�hhV1a ! CN � �. � g V.•t N O •+W�W1�4�y�W�yN� WNW h •yw[]� yVOyf�� 4� W � w 77�tv O � yty��❑iq Y� W [Ui M3 W To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 20, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 163,654.40 SF of Right of Way and 43,435.70 SF of Permanent Construction and Maintenance Easement at Northeast Corner of Intersection of Birmingham Highway and Providence Road from the Estate of Dr. Alfred Reinhardt for a Total Combined Purchase Price of $440,000 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $440,000. Executive Summary: To provide for intersection improvements the acquisition of 163,654.40 SF of right of way and 43,435.70 SF of permanent construction and maintenance easement is required. The combined purchase price is $440,000. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Attachment(s): Purchase Agreement AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project # _HPP00-0005-00(448) P. i. Number _00005448 Parcel#_5� Tax Parcel 1D # 22-3980-0847-010-2 GEORGIA, FULTON COUNTY For and inconsideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to City of Milton/Georgia Department of Transportation an option to acquire the following described real estate: Right of Way and/or Easement rights through that tractor parcel of land located in Land Lot 847 and 848 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and made a part hereofLr�f0, Ono /erence. y1 f For the sum of S 3v'9 89B 88'the undersigned agrees to execu e and deliver to City of Milton/Georgia Department of Transportation fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) Thls option shall extend for 90 days ftom this date. 2) The consideration recited is full payment for the rights conveyed, 3.76 Acres of Right of Way Linear Feet of Limited Access 43.4357 Square Feet of Construction and Maintenance Easement Square Feet of Construction Easement 3) 4) The undersigned shall obtain all quitclaim deeds or releases fr All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. om any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reC^ Witness my hand and seal this 191A day of./ ?(,P.Tr)6 LY , zog rence. , Signed, Sealed and Delivered in the presence ofrhwX4OA FnlGLrS : y� fp //pp (�Y: /1L-8e�t l . �11 t?cy !J/ (Seal) Witness 91*0hefi C-Ureen%j c Notary DOT 663-A-I,Q �. ������ / einhac d.,,, F_s'fut.2 No Text F�H�c ca�E. ;e�.�=� rC8wr�s�k>"y "a Pra�i�is �F�B�a�"ssusems'�§ 't ips 1MI .. a S Y$wa`w`3RS r&awaa�zQaEw PFw.. '"":t 3awiPY zyx�xsSaz a� awx, , "s—ess�_ Ai s a E p al 9 " F Q n g 0ss $apaP"w ssr�p wpp";,'p"pyp'�, � �`mga ib5 i�i is �yw awqg13 �Qq�sae Iii �wsw�m�n�mFVI " o tl g o o ib! e e s 9 P C e a® a Exhibit B If the sale of the icm•nder of the Reinhardt property, pursuarittio4tponding contract (the "Contract Sale"), closes by Decem 8, 2012, then the Es Dr. Alfred Reinhardt, or his heirs who own the Property that is the subjec greement to Purchase Real Estate (the "Reinhardt Estate"), will agree to sell the .lect Prope interests in Property to the City of Milton (the "City') and/or the G a Department of Transportatio DOT"), and to waive the Reinhardt Estate's cl ' a access driveways to the remainder property, m t�51de`on for the payment by t wcitty and GDOT to the Reinhardt Estate of the sum of $450,000.00, on or Uefore a all agreeable date. `rye C; ->-y Pyr ib C koscz� be4wee tY to-a%�-1a wl h j3 1l�racevetri€the-Gor,a�c�ul� .��� mrtelose y BeeemU ^-? ' ., the Reinhardttes-l� Estatewill agree to sell-thesubjeet3'raperty2�td-i�tterests-in-1'roperty-to#}re-Grty�udtor'E�D63=irr S,.orrsicterat'e for the payment by the City and GDOT to the Reinhardt Estate of the sum of $440,000.00^^ t Pf P a n nn,all; ao,•P�ahlP tatd l further consideration Ser the City and GDOT pr vtdift to the Reinhardt Estate two access driveways to the remainder property, at mutually agreed locations, at the expense of the City and GDOT, on or before a mutually agreeable date. We understand that it would be feasible to locate one access driveway on New Providence Road and one access driveway on Birmingham Highway, and we further understand that each driveway would be at least 14 feet wide, and our proposal contemplates that. However, the exact locations and designs of the access driveways would be subject to further. discussions and agreement of the parties, as well as to the preparation and approval of plans and drawings of the access driveways, and the settlement would be subject to the parties reaching agreement on all aspects of such access driveways. {oons�sa.00a / } To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 20, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of the Acquisition of 1,368.52 SF of Permanent Construction and Maintenance Easement and 1,319.43 SF of Temporary Construction Easement at 120 Providence Oaks Pointe from Thomas J. and Kathleen G. Schranz for a Total Combined Purchase Price of $4,400 ____________________________________________________________________________ Department Recommendation: Staff is recommending approval of the acquisition of right of way and easements in the amount of $4,400. Executive Summary: To provide for intersection improvements the acquisition of 1,368.52 SF of Permanent Construction and Maintenance Easement and 1,319.43 SF of Temporary Construction Easement is required. The combined purchase price is $4,400. Funding and Fiscal Impact: Funding for this acquisition is available in the SR372/Birmingham Hwy at Providence Rd. Intersection Improvement capital grant fund account and 80% of purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Attachment(s): Purchase Agreement Dec, 11. 2012 3 24PN1 BALL CORPORATION No. 0124 P, 3 AGREEMENT TO PURCHASE REAL ESTATE GA DOT Project ,# _hl PP00-0045d010(448) P. 1, Number 00006448 Parcel # 9 Tax Parcel 1D # 22-3570-0848-077-8 GEORGIA, FULTON COUNTY For and in consideration of the Burn of One dollar ($1.00), rewlpt whereof being acknowledged, the undersigned grants to ci of Mllton(GqMLa_Qfl9grtmfkntgf TirmnspQr0tionan option to acquire the following described re at estate: Hight of Way andtor Easernant rights through that tract or parcel of land located in Land Lot 848 of the 2nd District, ,,2nd_ Sectlon of Fulton_ County, Georgia, and being more ula particrly described on l;xhtbtt'W attached hereto and made a part hereof by reference. ror the sum of $ 4;000.00 the undersigned agrees to execute and deliver to City of Milton/Georgia Department of T ar a a fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A 6 Y S ! Z f i i i i * V 'f - * k The following condiflons are imposed upon the grant of this option - 1) This option shall extend for 99 days from this date, 2) The conslderation recited Is full payment far the rights conveyed. ^h11A_ Acres of Right of Way Linear Feet of Limited Acoass 9368.62 Square Feat �B Squnre Feet of Constfvction and Maintenance Easement (Parrnanent) `1399.43 Squero Feet 9 Square Feet of Construction Easement (Temporary) 3) All Temporary Easements v4ll terminato upon completion And acceptance of tho carne by the Department of Transportation. 4) The undersigned &hail obtain ail quit claim deeds or releasou from any tonant now in possession and any other parties having a claim or interest in tho property described above. 6) Special provlslons, it any, are listed on Exhibit "B", which Is attached hareto and Incorporated herein by reference. Witness my hand and seal this , day of `� g -Q� O Signed, Sealed and Delivered In the presence of. 'ice 3, 2a.'. N bOT 663 -A -L(3 kov 08.01-2010 H Th _ N V r a 9 Q r Mia, 94 4 r 12: 19 �c it R R it 9 g a .%M32: qZ Mzr AT "Ono ROM RON). aa FR R R IR - $ a "S: RE To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Director of Public Works Date: Submitted on February 26, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Onsite Civil Group, LLC for Surveying and Engineering Services for Sidewalk Improvement Projects on Webb Road and Cogburn Road ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The project is to provide surveying and engineering services for two sidewalk improvement projects. 1. 1,000 lf of sidewalk on Webb Road between Windward Parkway and SR 9, 2. 750 lf of sidewalk on Cogburn Road from Rhodes Plantation (city limits) to Windward Parkway. This project is part of our MARTA grant and is 100% reimbursable. In accordance with the city procurement procedures 5 bids were solicited to secure a qualified consultant to complete this project. Onsite Civil Group, LLC was determined to be the lowest, reliable bidder. Staff is recommending approval of a Professional Services Agreement with Onsite Civil Group, LLC in the amount of $10,250.00 plus $400 per right of plat (if needed). Table 1. Bid Tabulation Firm Amount Onsite $10,250 Wolverton $14,800 AEC $18,775 303 Engineering $20,196 Brumbelow Reese $21,725 Funding and Fiscal Impact: This project is funded by the MARTA offset grant and is 100% reimbursable. Alternatives: None. Legal Review: Paul Higbee – Jarrard & Davis (2-12-13) Concurrent Review: Chris Lagerbloom – City Manager Attachment(s): Professional Services Agreement HOME OF Ilk F.S7A€SF.I51 iEp di%1f� PROFESSIONAL SERVICES AGREEMENT Sidewalk Improvemlent Projects on Webb Road and Coghurn Road This Professional Services Agreement (the "Agreement") is made and entered into this day of , 2013, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"), and Onsite Civil Group, LLC (hereinafter referred to as the "Consultant"). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the "Work"); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the "Contract Documents": EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT EXHIBIT E SAVE AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section Z. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as surveying and engineering services for 1,000 if of sidewalk along Webb Road and 750 If of sidewalk along Cogburn Road. These services are more particularly described in Exhibit A. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written "Notice to Proceed" from the City and shall fully complete the Work within 45 days of the "Notice to Proceed". Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually Page 1 of 5 performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $10,250 (the "Contract Price") plus $404 for each right of way or easement plat that may be required, except as outlined in Section 4 above. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. Section G. Covenants of Consultant A. Assigmnent of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose negligent acts Consultant or sub -consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, insurance approved by the City as shown on Exhibit B. Page 2 of 5 E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant's Representative: Bill Rowse, PE shall be authorized to act on Consultant's behalf with respect to the Work as Consultant's designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential information. L Meetings: Consultant shall meet with City's personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the sante time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law.. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity_. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. D. E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Consultant shall provide evidence on City -provided forms, attached hereto as Exhibit "C" and "D", that it and Consultant's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perforin work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Consultant's and Consultant's subcontractors' verification Page 3 of 5 process to determine that the verification was correct and complete. The Consultant and Consultant's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Consultant or Consultant's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Consultant and Consultant's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Consultant or Consultant's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Consultant to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Consultant's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Consultant shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1,02 is mandatory. Consultant agrees that, in the event the Consultant employs or contracts with any subcontractor(s) in connection with this Agreement, the Consultant will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Consultant's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 340-14-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "C." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. SAVE Affidavit and Secure Verifiable Document. Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Consultant's legal status in the Country each time that Consultant obtains a public benefit, including any contract, from the City. Consultant hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "E", and submitted such affidavit to the City in person, electronically, or by mail. Further, Consultant verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Consultant's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Consultant verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 4 of 5 [Onsite Civil Group, LLC] Signature:uUC� Title: [AFFIX CORPORATE SEAL] Onsite Civil GfOup LLG CITY OF MILTON, GEORGIA Joe Lockwood, Mayor Printed Name: z 111A4 401101VI— Page 5 of 5 Exhibit "A" Work Description City of Milton Sidewalk Improvement Projects General Scope of Work This project includes the survey and design of two segments of sidewalk in the City of Milton. It shall be the Consultant's responsibility to design, prepare, assemble and coordinate the necessary documents to complete the project. The completed design must comply with all applicable local, state, and federal environmental laws and regulations. Specific Scope of Services The City of Milton (City), is seeking the services of a professional engineering consultant to prepare construction drawings and specifications for the construction of sidewalk at two locations The consultant should provide a proposal to provide a complete set of engineering plans and specifications for this project. The engineering/design items include but are not limited to the following: Task 1: Survey Provide a field run survey to facilitate the design of the sidewalk improvements. The project limits will be considered to be from the edge of pavement on the opposite of the road to the edge of the right-of7way on the project side of the road, plus a minimum of 25 feet outside the right of way on the project of the road. Sufficient survey shall be obtained to cover all areas needed for easement or right of way acquisition as necessary to complete the project. The survey database shall include, at a minimum, the following information: a. Right-of-way location, b. All improvements within the project limits, including, but not limited to edge of pavement, utilities, sidewalk, drainage structures, curb and gutter, etc...., c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe material, upstream and downstream inverts, end treatments (end of pipe, headwall, etc...). d. Adjacent property owners and property boundary locations, e. The character and location of all walls, fences, buildings, poles, and other visible improvements within the project or within twenty-five feet of the project, f. Driveways, alleys or other means of access on or crossing the project or within twenty-five feet of the project, g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking structures, swimming pools, etc..., h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall extend a minimum of twenty-five feet beyond the project limits, i. Provide spot elevations at all critical points such as drainage breaks, high points, low points, edge of pavement etc..., j. Location and type of all overhead and underground utilities within the project limits which may include, but not be limited to, all manholes, catch basins, valve vaults or other surface indications of subterranean uses. k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within twenty-five feet of the premises being surveyed shall be shown, 1. The location of any specimen tree within 50 feet of the project limits. Specimen trees will include any beech or magnolia or walnut tree 24" dbh or greater, any other hardwood or pine 27"dbh or greater and any dogwood, redbud or sourwood 8" dbh or greater. Call out tree type, size and show location. Provide digital files of survey (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of survey signed and sealed by a professional land surveyor licensed and qualified to do business in the State of Georgia. The consultant shall be required to notify all property owners, in writing, of the impending surveys, prior to starting any surveying activities on their property. A copy of the notification shall be provided to the city. All coordinates are to be on the specified State Plane, Georgia Coordinate System of 1985 - NAD 83194 adjustment, All vertical traverses shall use the North American Vertical Datum (NAVD) of 1988. Task 2: Engineering Design Services Consultant shall provide design services for the following segments: 1. Webb Road (between Windward Parkway and Highway 9). Approximately 1,000 if of sidewalk on the north side of Webb Road to connect the end of the existing sidewalk east of the Region Trace Condominium to Windward Village Parkway, 2. Cogburn Road (between Hopewell Plantation Drive and Windward Parkway). Approximately 750 If of sidewalk on the west/north side of Cogburn Road from Hopewell Plantation Drive to the end of the existing sidewalk at the intersection with Windward Parkway. The design services shall include all construction drawings and specifications necessary for the construction of each section of sidewalk. Each sidewalk segment shall have its own separate set of design drawings. The plans shall, at a minimum, include the following: a. grading and drainage plans, b. erosion and sediment (SWPPP plan) control plans, c. utility plan, d. staking and layout plans, e. tree protection plans, f. construction details, wall details (if necessary), g. easement and right of way exhibits as necessary. Easement and right of way exhibits may be priced on a per parcel basis and should include a legal description. The design specification for this project calls for 24" curb and gutter, a 2 foot beauty strip, and a 5 foot wide concrete sidewalk. Drainage structures and features shall be provided as needed. Consultant to provide an itemized construction cost estimate for each segment. Provide digital tiles of engineering drawings (DWG format tied to state plane coordinates and including Benchmark data and datum information) and 3 hard copies of the drawings signed and sealed by a professional engineer licensed and qualified to do business in the State of Georgia. Exhibit "B" Insurance Certificate OP ID: LK ACRD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODIYYYYI F0211112013 �_ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy[ies] must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t0 the certificate holder in lieu of such endorsenrent(sy. PRODUCER Phone: 678-842-9901 CONTACT NAME: Laura Sandiford The Barkley Group, LLC PO Box 1066 Fax: 678-842-9902 PHONE FAX IAIC, No. Ext): fi78-842-9901 tom, NoI: 678-842.9902 Alpharetta, GA 30009 E-MAIL Isandiford tk1Ins.com g Lance K. BarkleyADDREs.s: . PRODUC:R ON51TE1 CUSTOMER ID,,: INSURERS) AFFORDING COVERAGE NAIC 0 INSURED Onsite Civil Group, LLC INSURER A: Hartford Underwriters Insuranc 30104 3506 Billingsley Drive INSURER B : Lloyd's of London 44792 Marietta, GA 30062 - PRODUCTS-COMPIOPAGG $ 4,000,00 INSURER C: INSURER D: INSURER E : POLICY PRO- LOC JECT F -]AUTOMOBILE INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES- LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR TYPE OF INSURANCE DDL3UBR POLICY LTR POLICY NUMBER MDDlYYYY IDDIYYYY umrrs MM THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN GENERAL LIABILITY ACCORDANCE WITH THE POLICY PROVISIONS. 13000Deerfield Prkwy # 107G EACH OCCURRENCE $ 2,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE FX -11000 OCCUR X 20SBMIN6206PREMISES 04401/2012 04/01/2013 ISS (RENTED _ 300,00 Ea occurrence S MED EXP [Any one person] $ , PERSONAL & ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 4,000,00 $ POLICY PRO- LOC JECT F -]AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT (Ea accident] $ 2'000'00 ANY AUTO BODILY INJURY [Per person] $ ALL OWNED AUTOS BODILY INJURY [Per accident] $ A X SCHEDULEDAUTOS HIREDAUTOS 20SBMIN6206 04101/2012 04101/2013 PROPERTY DAMAGE $ (Peramdent) $ A X NON -OWNED AUTOS 20SBMIN6206 0410112012 04101/2013 S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS L1AB CLAIMS -MADE _ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVEE-L- lAC STATU- TH- T RY LIMIT ER EACH ACCIDENT $ OFFICEREMBER EXCLUDED? ❑ N t A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT , $ B Professional Liab. EL00-53-0187-2008 0410112012 04101/2013 Per Claim 1,000,00 Aggreg. 1,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Engineers/ City of Milton is listed as an additional insured. CERTIFICATE HOLDER CANCELLATION CITYMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Milton ACCORDANCE WITH THE POLICY PROVISIONS. 13000Deerfield Prkwy # 107G AUTHORIZEDREPRESENTATIVE Milton, GA 30004 Lance Lance Barkley K. © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD lfTHE HARTFORD Select Customer Insurance Center 8711 UNIVERSITY EAST DRIVE CHARLOTTE NC 28213 Policyholder, please call us at: (866) 467-8730 Agent, please call us at: (877) 853-2582 INSURANCE ENDORSEMENT ATTACHED *** PLEASE REVIEW THE CHANGE *** Enclosed is an endorsement for your business insurance policy. Please review it at your convenience. If you have questions or need to make further changes: Policyholder, please call us at: (866) 467.8730 Agent, please call us at: (877) 853-2582 between 8 A.M. and 6 P.M. EASTERN TIME. The premium billing will be mailed to you separately. You can expect to receive it soon. Thank you for allowing us to service your business needs. THE BARKLEY GROUP LLC/PHS THE HARTFORD SELECT CUSTOMER INSURANCE CENTER The Hartford Insurance Group Hartford Fire Insurance Company and its Affiliates Hartford Plaza, Hartford, Connectinut 06115 IN: IREV IIID]**M,14►yiO:1:TKei*1111111111:I4Z6I111EWA :7:r_lelk ie7_104111111 11 POLICY CHANGE This endorsement changes the policy effective on the inception Date of the policy unless another date is indicated below: Policy Number: 20 SBM IN6206 DV Named Insured and Mailing Address; ONSITE CIVIL GROUP LLC 3506 BILLINGSLEY DRIVE MARIETTA GA 30062 Policy Change Effective Date. 02/20/13 Policy Change Number: 001 Agent Name: THE BARKLEY GROUP LLC/PHS Code: 263642 Effective hour is the same as stated in the Declarations Page of the Policy. POLICY CHANGES: HARTFORD UNDERWRITERS INSURANCE COMPANY ANY CHANGES IN YOUR PREMIUM WILL BE REFLECTED IN YOUR NEXT BILLING STATEMENT.IF YOU ARE ENROLLED IN REPETITIVE EFT DRAWS FROM YOUR BANK ACCOUNT, CHANGES IN PREMIUM WILL CHANGE FUTURE DRAW AMOUNTS. THIS IS NOT A BILL. NO PREMIUM DUE AS OF POLICY CHANGE EFFECTIVE DATE BUSINESS LIABILITY OPTIONAL COVERAGES ARE REVISED ADDITIONAL INSURED(S) ARE ADDED THE FOLLOWING ARE ADDITIONAL INSURED FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING, 001 ST/POL SUBDIVISION: SEE FORM IH 12 00 FORM NUMBERS OF ENDORSEMENTS ADDED AT ENDORSEMENT ISSUE: PRO RATA FACTOR: 0.110 THIS ENDORSEMENT DOES NOT CHANGE THE POLICY EXCEPT AS SHOWN. Form SS 12'11 0405 T Page 001 (CONTINUED ON NEXT PAGE) Process Date: 02/20/13 Policy Effective Date: 04/01/12 Policy Expiration Date: 04/01/13 POLICY CHANGE (Continued) Policy Number: 20 SBM IN6206 Policy Change Number: 001 IH12001185 ADDITIONAL INSURED - STATE/POLITICAL SUBDIVISION Form SS 12 1104 05 T Page 002 Process Date: 02/20/13 Policy Effective Date: 04/01/12 Policy Expiration Date: 04/01/13 POLICY NUMBER: 20 SBM IN6206 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE/POLITICAL SUBDIVISION CITY OF MILTON 13000 DEERFIELD PKWY STE 107G MITLON, GA 30004 Farm IH 1200 11 85 T SEO. NO. 002 Printed in U.S.A. Page 001 Process Date: 02/20/13 Expiration Date: 04/01/13 STATE OF GEORGIA CITY OF MILTON EXHIBIT "C" CONSULTANT AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91, The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form provided by the City, Consultant further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. SOO-AA EEV 1 Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Onsite Civ' Group, LLC Title of Authorized Officer or Agent of Contractor &if A?Z) 1(-j sj;gp— Priv a ame of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE �?1 DAY OF re'�((A 6,CL4 ,201 h ' Notary Public My_ Commission Expires: ails 1� PNaA 5.•��'ss�ay .9,y�, q R F,�q ►. f #0�j. s rrnn; y Q� ER 2A • ER 2!,. STATE OF GEORGIA CITY OF MILTON EXHIBIT "I)" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10- 91, stating; affirmatively that the individual, Firm or corporation which is engaged in the physical performance of services under a contract with Onsitc Civil Group, LLC on behalf of the City of Milt('" has registcred with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. 211564 EEV 1 Basic Pilot gram User Identification Number Z— Z—)j Z t� BY: A oriiV99vcl or Agent Date Inland Surveying LLC Print Subcontractor Name Director of Surveying Title of Authorized Officer or Agent of Subcontractor Ben Drerup, LS Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE MI's ON T141S THE DAY OF V691;Q,'kLK n Public My Commission Expires: 0/10/2011 `.`SS,Si1 II"ifill f. ,20 If /s 2,013 : *' 41/ �tt,rt�ir.id►�ti1 STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SAVE AFFIDAVIT By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A_ § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) 1 am a United States citizen. 2) I am a legal permanent resident of the United States. 3) I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: In making the above representation under oath, I understand that any person who knowingly and willfully snakes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in (city), �S"�C�6� (state). Signature of Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20 NOTARY PUBLIC My Commission Expires: March for Meals Awareness Month WHEREAS, the Meals on Wheels program provided by Senior Services North Fulton delivers nutritious meals to seniors who are unable to prepare meals for themselves; and WHEREAS, Senior Services North Fulton has been administering the Meals on Wheels program in the City of Milton for more than 6 years, and in the area that became Milton for more than 20 years, with a 100% volunteer force; and WHEREAS, in 2012 more than 400 volunteers donated their time, vehicles, gasoline and energy to deliver more than 25,000 meals with a friendly smile; and WHEREAS, no senior is ever refused service because of an inability to pay; and WHEREAS, these efforts have resulted in the improvement in the lives of Milton seniors through continued personal independence, nutritionally balanced meals and daily visits by caring volunteers. Now, therefore, let it be known that we, the Mayor and City Council of the City of Milton, Georgia, hereby proclaim the month of March 2013 as “March for Meals Awareness Month” month, and call upon the citizens of Milton to join in supporting the Meals on Wheels Program. Given under my hand and seal of the City of Milton, Georgia on this 4th day of March, 2013. ______________________ Joe Lockwood, Mayor (SEAL) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 1 of 32 U12-01/VC12-07 Use Permit for Exotic Animals PROPERTY INFORMATION ADDRESS 14325 Hopewell Road DISTRICT, LAND LOT 2/2, 747, 748, 765 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 20.7432 EXISTING USE Single Family Residence PROPOSED USE Primate and Exotic Animal Preserve OWNER/APPLICANT Dean Riopelle ADDRESS 14325 Hopewell Road Milton, GA 30004 REPRESENTATIVE Donald Rolader Rolader & Rolader, P.C. ADDRESS P.O. Box 1357 Roswell, GA 30077 PHONE 770-442-0330 COMMUNITY DEVELOPMENT RECOMMENDATION – JANUARY 22, 2013 U12-01 - APPROVAL CONDITIONAL VC12-07, PARTS 1 AND 2 – WITHDRAWAL PLANNING COMMISSION RECOMMENDATION - JANUARY 22, 2013 U12-01 - DEFERRAL TO FEBRUARY 26, 2013 VC12-07, PARTS 1 AND 2 – DEFERRAL TO FEBRUARY 26, 2013 INTENT A request for a Use Permit for Exotic Animals to operate a Primate and Exotic Animal Preserve on the subject site which contains 20.7432 acres. A 2 part concurrent variance, 1) Not to plant to buffer standards for a width of 75 feet along the east property (Sec. 64- 1141(3)(b)). 2) To allow parking between the building and the right-of-way (Sec 64- 1145(6)(c)).* Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 2 of 32 COMMUNITY DEVELOPMENT RECOMMENDATION – FEBRUARY 26, 2013 U12-01 - APPROVAL CONDITIONAL VC12-07, PARTS 1 AND 2 – WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – FEBRUARY 26, 2013 U12-01 – DENIAL 5-1 VC12-07, PARTS 1 AND 2 – WITHDRAWAL 6-0 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 3 of 32 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 4 of 32 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 5 of 32 FUTURE LAND USE PLAN Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 6 of 32 REVISED SITE PLAN SUBMITTED JANUARY 4, 2013 (Boundary and Existing Conditions) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 7 of 32 REVISED SITE PLAN SUBMITTED JANUARY 4, 2013 (Topography with Proposed Improvements) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 8 of 32 REVISED SITE PLAN SUBMITTED JANUARY 4, 2013 (Tree Survey with Proposed Improvements) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 9 of 32 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 10 of 32 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 11 of 32 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 12 of 32 Looking toward the east property line Looking south toward the dam/Starnes Lake Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 13 of 32 Looking west to large barn and existing cages Existing cage on the site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 14 of 32 Looking south toward Chicken Creek Looking west on the site Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 15 of 32 Looking north toward Hopewell Road Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 16 of 32 SUBJECT SITE: The subject site is a 20.7432 acre tract of agriculturally zoned land, located on the south side of Hopewell Road. The subject site is developed with an existing single family residence, one large barn that appears to be storage for equipment and a barn that is used as a dog house. In addition, there are five existing enclosures of varying size. The applicant proposes to construct 20 enclosures, a small public bathroom, and nine parking spaces to operate the proposed preserve. BACKGROUND: The applicant has owned the subject property since approximately 1999. Since that time, Mr. Riopelle has been buying, selling, and breeding various types of exotic animals. Attached at the end of this report are copies of current licenses from the Georgia Department of Natural Resources (Georgia DNR) and the United States Department of Agriculture (USDA). In the summer of 2012, the applicant came to the City inquiring about the possibility of exhibiting his animals to select groups and organizations. It was determined that “exotic” or “wild” animals were not permitted within the AG-1 (Agricultural) district. In addition, the City Attorney recommended the following text amendments be considered that would allow both the possession and the exhibition of exotic animals; 1)new use permit, 2) provide a definition of exotic/wild animals, and 3) amend the AG-1 (Agricultural) district to allow exotic/wild animals within the AG-1 (Agricultural) district. All three of these text amendments were approved by the Mayor and City Council on October 15, 2012. After the approval of these amendments, the applicant submitted his application for a Use Permit for Exotic Animals (Sec. 64-1838) on November 6, 2012. The original application included a two-part concurrent variance not to plant to “buffer standards” along the east property line and to allow parking between the right-of-way and the primary structure. Since the initial application, the site plan has been revised to meet these development standards and therefore, the applicant is requesting the withdrawal of VC12-07, Parts 1 and 2. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on January 4, 2013, revised letter of intent submitted on January 8, and an inventory of the applicant’s proposed exotic animals, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 17 of 32 Use Permit Standards Section 64-1838 – Exotic or Wild Animals Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes, or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state-issued wild animal license or wildlife exhibition permit shall be allowed only with a use permit issued in compliance with the development standards set forth in this section specifically and pursuant to the Zoning Ordinance generally. In the event of conflict, the terms of this section shall prevail. (1) Requirements a. Required district. AG-1. b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS) or provide documentation that the applicant is exempt from USDA/APHIS requirements. c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if exhibiting or dealing birds regulated by the USFWS. d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources, Wildlife Resources Division. (2) Standards. Standard Staff Comment a. Minimum lot size shall be ten acres. In Compliance - 20.7432 acres. b. Permitted curb cut access shall not be from a local street. In Compliance - Hopewell Road is a Minor Arterial. c. All activity areas, including parking, structures, areas where animals are housed or graze shall be set back a minimum of 100 feet from all property lines. In Compliance d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single- family dwellings. To be determined. e. Open to visitation by the general public only from 7:30 am to 7:30 pm. None indicated, but must comply with standard. f. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the Northwest Fulton Overlay District as In Compliance Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 18 of 32 specified in Sec. 64-1141 of this zoning ordinance shall be required. g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1district used for single-family dwellings. Staff notes that the site plan does not indicate the location of trash receptacle. Staff notes that the location must be a minimum of 100 feet from all property lines. The proposed public bathroom is in compliance. h. Applicant shall inform the director of community development in writing of the number and types of animals to be housed on the subject property and any changes thereto based on a schedule determined and agreed to as part of the use permit. Staff recommends that at which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the director of community development.** i. Compliance with all requirements of Chapter 5 of the Georgia Game and Fish Code, O.C.G.A. § 27-5-1, et seq., related to wild animals, and all rules and regulations adopted pursuant to the authority granted pursuant to O.C.G.A. § 27-1-4. The Community Development Department will rely on the appropriate enforcement agencies to ensure compliance with said requirements. Current valid licenses from the USDA and Georgia DNR are provided at the end of this report. **The applicant has indicated in the revised letter of intent dated January 11, 2013, the following as it relates to the type and number of animals proposed for the site: “Applicant specifically excludes from this Application the categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories 2 (lions, tigers, bobcats, lynx, cougars, leopards, jaguars), 4 (all bears), 5 (all venomous snakes, all constricting snakes, 6 (alligators, crocodiles), 7 (elephants), 9 (hippopotamuses, giraffes, but not excluding camels, and 12 (rhinoceroses, tapirs). The Application is only for species listed in the Ordinance which have not been excluded as stated above.” Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 19 of 32 The following exotic animal inventory to be exhibited as stated in an e-mail dated January 15, 2013 from the applicant’s representative: 1-Each primate specie 15 (NOTE: We will have NO larger primates such as chimpanzees and baboons)(Exact number of species was not given.) 3-wolves, coyotes, foxes, jackals - 5 total 8-Hyenas – 2 total 9-Camels only – 3 total 10- raccoons, coatis – 10 total 11- kangaroos, opossums – 10 total 13- anteaters, sloths, armadillos - 4 total 14- mongooses, civets, and genets – 4 total The site plan indicates a total of twenty additional enclosures in addition to the existing five enclosures for the property. Northwest Fulton Overlay District LANDSCAPE STRIPS AND BUFFERS Sec 64-1141(1) (b.) requires a 10 foot landscape strip along all public streets. The site plan indicates compliance with this requirement. The Design Review Board requested that evergreen material be utilized along Hopewell Road. This request will be coordinated with the City Arborist and a condition will be included at the end of the staff report. VC12-07 – Part 1 - Not to plant to buffer standards for a width of 75 feet along the east property (Sec. 64-1141(3)(b)). Section 64-1141 (3) (b.) of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer, with a 10 foot improvement setback, located adjacent to all AG-1 (Agricultural) zoning districts and all property zoned, used, or developed for residential uses. The applicant has amended the letter of intent and the revised site plan submitted on January 4, 2013, indicates compliance with this requirement. Therefore, Staff recommends VC12-07, Part 1 be WITHDRAWN. VC12-07 – Part 2 - To allow parking between the building and the right-of-way (Sec 64-1145(6)(c)). Sec 64-1145 (6) (c) requires that no on-site parking shall be located to the front of a building and/or between a building and the public right-of-way. The site plan meets this requirement for parking location. The applicant has amended the letter of intent and the revised site plan submitted on January 4, 2013, indicates compliance with this requirement. Therefore, Staff recommends VC12- 07, Part 2 be WITHDRAWN. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 20 of 32 Staff notes that there are enclosures around the cages that are constructed of chain link fencing that are not black vinyl clad. These must be changed to comply with Section 64-1142(8) which states “Chain link fencing, except as required along detention/retention ponds, is prohibited from public view. All chain link fences shall be black vinyl clad”. In addition, all future enclosures proposed for the site shall comply with this requirement. The site plan is in compliance with the remainder of the development standards for the Northwest Fulton Overlay District and the development standards for the Use Permit. Should a conflict between these standards exist, the development standards of the Use Permit shall prevail. OTHER SITE PLAN CONSIDERATIONS Within the subject site there is a US Soils Conservation Lake No.31 (Starnes Lake) and a portion of the site is within the 100 year floodpl ain limits. The site plan shows there are proposed cages/enclosures within the 100 year floodplain. These types of structures are allowed to be located within the floodplain. The site plan also indicates compliance with the required city and state water stream buffers and non-impervious setback along Chicken Creek and Starnes Lake. Section 64-1838(2)(c)requires the exotic animals to be a minimum of 100 feet from all property lines. Staff notes that the applicant also keeps various domesticated animals such as donkeys and dogs which are not required to be kept or graze outside of this 100 foot limit. Parking Requirements Within Section 64-1410, Off Street parking, there are no standards for the proposed use or similar uses to provide a requirement. The applicant has provided a total of nine parking spaces based on the maximum amount of cars and one bus anticipated for the site. The proposed parking area will be constructed of gravel. Staff notes that a minimum of one parking space shall be designated as handicapped. Periphery Fencing The site plan indicates a wood/woven wire fence around the entire property except where it adjoins Starnes Lake. Staff notes that pursuant to V12-08, the Board of Zoning Appeals approved a Primary Variance on July 17, 2012 to allow the height of a 5 board fence to increase to 72” adjacent to a public street. PUBLIC INVOLVEMENT Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 21 of 32 On November 28, 2012 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately 18 members of the community in attendance. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and Report. The Public Participation meeting was held on the applicant’s property on Saturday, December 1, 2012 between the hours of 3:00 p.m. and 4:30 p.m. The Public Participation Report has been received from the applicant. City of Milton Design Review Board Meeting – January 8, 2013 1. Proposed new parking area must comply with all storm water regulations. 2. Parking pad must have enough room for bus turnaround. 3. All animal enclosures must adhere to state and federal guidelines. 4. Add evergreen screening along Hopewell Road, owner agreed to work with Mark Law, the city arborist, to determine the location and grouping and plant type of landscape screening. 5. A building permit is required for the bathroom building. Complete building plans and landscaping plans will be required for review. 6. Numbers and types of animals should be indicated. 7. Owner agreed not to utilize outdoor lighting. ENVIRONMENTAL SITE ANALYSIS Staff has received the applicant’s Environmental Site Analysis. The proposed site does not contain wetlands, steep slopes, or sensitive plant and animal species. The southern property line is bound by Chicken Creek which is a state water as well as Starnes Lake which is a U.S. Soils Conservation Lake. The site plan indicates compliance with the required city and state stream buffers and non-impervious setback. The proposed use will not impact any historical or archeological entities. City of Milton Fire Marshal No comments at this time. City Arborist Existing trees are to remain throughout the site. Undisturbed buffers shall be required to be planted to buffer standards where sparsely vegetated. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 22 of 32 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 that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 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: The proposed primate and exotic preserve is not consistent with the intent and following policies of the City of Milton 2030 Comprehensive Plan: We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. We will consider potential impacts to air and water quality in making decisions on new developments and transportation improvements, and we will steer new development away from sensitive natural resource areas. The City of Milton 2030 Comprehensive Plan recommends that the subject site be developed as Agricultural, Equestrian, and Estate Residential (AEE). The subject site is located with the Central Milton Character and the Plan further states the following regarding this area, “New development should match the typical densities found within this area and should minimize undesirable impacts on surrounding rural/agricultural uses. Significant site features, such as view sheds and environmentally sensitive areas, should be enlisted as amenities that shape identity and character of new development within this character area.” Therefore, it is Staff’s opinion that expansion of the existing use will negatively impact the existing development pattern within Central Milton. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; The additional generated traffic into the property, noise, and inconsistency with surrounding properties may have a negative impact. The proposed primate and exotic animal preserve is not compatible with Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 23 of 32 land uses adjacent and nearby the subject property area which are primarily estate residential and scattered agricultural uses. If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, Staff recommends only the raising, breeding, importing, and selling of requested exotic animals utilizing the existing infrastructure on the site and not the proposed primate and exotic animal preserve which includes the building of 20 additional animal enclosures. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use may not violate any known local, state and/or federal statutes, ordinances or regulations governing land development if approved with the recommended conditions. In addition to land development regulations, the City is dependent upon state and federal agencies to ensure compliance with their regulations as described in the proposed Use Permit Standards for Exotic Animals (Section 64-1838). At the end of this report is a letter from the GA DNR stating that the applicant is in compliance with their current license as of January 7, 2013. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use should not create congestion along Hopewell Road if approved with the Recommended Conditions. The required site distance for the site exceeds the minimum required which is 550 feet looking to the east and 800 feet looking to the west. The Public Works Department has included a condition, that if traffic on existing driveway exceeds 29 daily trips, driveway shall be modified to meet standards in the City of Milton Code of Ordinances. The Milton Trail Plan is not located on either side of Hopewell Road. E. The location and number of off-street parking spaces; As indicated in the Site Plan Analysis, there is no specific requirement for this or similar use in the Zoning Ordinance. The applicant has estimated the maximum number of cars and/or buses that may be on the property at one time. The site plan indicates a total of nine parking spaces which are located on the site per the Northwest Fulton Overlay District. In addition, the proposed parking will be gravel with exception of the required handicapped parking space which has not been identified on the site plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 24 of 32 F. The amount and location of open space; The applicant’s site plan indicates that almost the entire subject site remains undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance, the existing wooded areas and sparsely vegetated areas planted to buffer standards may provide adequate screening to the adjacent AG-1 (Agricultural) zoned properties if approved for the existing use on the property and not for the proposed primate and exotic animal preserve with the additional animal enclosures. H. Hours and manner of operation; The applicant has not stated the hours of operation for the animal preserve, but the Use Permit standards only allow operations between the hours of 7:30 a.m. to 7:30 p.m. I. Outdoor lighting; The applicant has indicated to the Design Review Board that there will be no on-premise lighting on the site. A condition will be included that will reflect there shall be no on-premise lighting. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Hopewell Road and the sight distance is acceptable in either direction on Hopewell Road. The driveway will be required to be improved to provide for two-way traffic. CONCLUSION The proposed primate and exotic animal preserve is inconsistent with Plan Policies, Plan Recommendations and some Use Permit Considerations and incompatible with the surrounding area. Therefore, Staff recommends that the subject site be developed with the existing condition of five animal enclosures and other associated structures currently utilized on the site to house the current licensed inventory of animals by the Georgia Department of Natural Resources, amended 12/2/12. If the site is developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions, Staff recommends APPROVAL CONDITIONAL of U12-01 for the existing conditions of Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 25 of 32 the subject site. In addition Staff recommends WITHDRAWAL of VC12-07, Parts 1 and 2. Alternate Conditions are also provided at the end of this report if the M ayor and City Council so choose to approve the Use Permit as requested by the applicant. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 26 of 32 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council , it should be approved for a USE PERMIT for Exotic or Wild Animals (Sec. 64-1838) 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) Restrict the use of the subject property to allow the keeping, rehabilitation, breeding, or maintaining exotic or wild animals as depicted on Sheet 1 of 3 of the revised site plan received by the Community Development Department on January 4, 2013 depicting the existing conditions of the site, five existing animal enclosures, and two existing barns related to the use on the subject site. b) The following species shall not be permitted on the site either temporarily or permanently: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories: (a) 1 Primates (no large primates) (b) 2 Felidae (lions, tigers, bobcats, lynx, cougars, leopards jaguars but not domesticated felidae) (c) 3 Canidae (wolves, coyotes, foxes, jackals but not domesticated canidae) (d) 4 Ursidae (all bears) (e) 5 Reptilia (all venomous snakes, all constricting snakes) (f) 6 Crocodilia (alligators, crocodiles) (g) 7 Proboscidae (elephants) (h) 8 Hyanenidae (hyanas) (i) 9 Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats) (j) 10 Procyonidae (raccoons, coatis) (k) 12 Perissodactylea (rhinoceroses, tapirs) (l) 13 Edentara (anteaters, sloths, armadillos) (m)14 Viverridae (mongooses, civets, and genets) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 27 of 32 c) The following species and number shall be permitted on the site: 9 ring tailed lemurs, 5 White Headed capuchins, 3 Red ruffed lemurs, 4 albino wallabies, 3 Brazilian tufted capuchins, 1 Cinnamon capuchin, 2 spot-nosed guenons, 2 DeBrazza’s monkeys, 2 spider moneys, 2 Erasian eagle owls. 2) To the owner’s agreement to abide by the following: a) To the revised site plan, Sheet 1 of 3, existing conditions received by the City of Milton Community Development Department on January 4, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) At which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the Director of Community Development. 3) To the owner’s agreement to the following site development considerations: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall appl y: i. If traffic on existing driveway exceeds 29 daily trips, driveway shall be modified to meet standards in the City of Milton Code of Ordinances. ii. Driveway shall be modified to provide for a minimum width for two way traffic. b) To provide a 10 landscape strip along Hopewell Road planted to buffer standards. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 28 of 32 ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council , it should be approved for a USE PERMIT for Exotic or Wild Animals (Sec. 64-1838) 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) Restrict the use of the subject property to allow the exhibition, display, keeping, rehabilitation, breeding, or maintaining exotic or wild animals as depicted on Sheet 2 of 3 of the revised site plan received by the Community Development Department on January 4, 2013 which includes five existing animal enclosures and twenty proposed animal enclosures and 2 existing barns structures related to the use on the subject site. b) The following species shall not be permitted on the site either temporarily or permanently: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories: (a)1 Primates (no large primates) (b) 2 Felidae (lions, tigers, bobcats, lynx, cougars, leopards jaguars but not domesticated felidae) (c) 4 Ursidae (all bears) (d) 5 Reptilia (all venomous snakes, all constricting snakes) (e) 6 Crocodilia (alligators, crocodiles) (f) 7 Proboscidae (elephants) (g) 9 Artiodatyla (hippopotamuses, giraffes, camels, not excluding camels, cattle or swine or sheep or goats) (h) 12 Perissodactylea (rhinoceroses, tapirs) c) The following species and number shall be permitted on the site: i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1 and being categories: (a) 1 (monkeys, chimpanzees, baboons) Each primate specie – 15 each species (no large primates) (b) 3 (wolves, coyotes, foxes, jackals) – 5 total Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 29 of 32 (c) 8 (hyenas) – 2 total (d) 9 (camels) – 3 total (e) 10 (raccoons, coatis) – 10 total (f) 11 (kangaroos, opossum) – 10 total (g) 13 (anteaters, sloths, armadillos) – 4 total (h) 14 (mongooses, civets, and genets) – 4 total 2) To the owner’s agreement to abide by the following: a) To the revised site plan, Sheet 2 of 3, received by the City of Milton Community Development Department on January 4, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) At which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the Director of Community Development. 3) To the owner’s agreement to the following site development considerations: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. If traffic on existing driveway exceeds 29 daily trips, driveway shall be modified to meet standards in the City of Milton Code of Ordinances. ii. Driveway shall be modified to provide for a minimum width for two way traffic. b) To provide a 10 landscape strip along Hopewell Road planted to buffer standards. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 30 of 32 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 31 of 32 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) *Based on a revised letter of intent submitted on January 8, 2013, VC12-07, Parts 1&2 have been requested to withdraw based on a revised Site Plan submitted January 4, 2013. 2/27/2013 U12-01/VC12-07 Page 32 of 32 January 14, 2013 George Ragsdale Paul Moore Joe Creamer Mark Bittner Fred Edwards Chris Doty Gariel Burchett RECEIVED JAN 14 2013 BY M� . To the members of the Planning Commission: I am writing today to voice my opposition to U 12-01/VC12- U7, a request for a use permit at 14325 Hopewell Road. There are many reasons why having an unaccredited backyard zoo at this location is a bad idea, among them issues dealing with incompatibility with the city of Milton's Comprehensive Land Use Plan (CLUP), noise, zoonotic diseases, environmental impact (most particularly water quality), increased traffic, the dangers of private ownership of wild animals, and widespread community opposition. But I understand you, as members of the Planning Commission, are primarily concerned with the issue of appropriate land use, so I will confine myself to that area. I believe the use requested is incompatible with the CLUP for the following reasons. The property in question is located in what the CLUP calls "Central Milton." To quote from the CLUP itself (underlined words - emphasis mine): "(Central Milton) has retained much of the rural characteristics of the City of Milton. Along with the many subdivisions within this area, it is also characterized by several horse farms, pastures, woodlands, and several large properties. In addition, many of the roads provide scenic and linear green space corridors such as Birmingham Highway, Freemanville Road, Thompson Road and Hopewell Road. Most of these scenic corridors include rural home sites, horse farms, wetland crossings and access to country clubs, equestrian facilities and more open space. The visual aesthetics of this Character Area should be maintained even as residential development continues" (page 33). Having a commercial business of any kind (in this case an unaccredited backyard zoo) is inconsistent with the current (and very desirable) rural, equestrian character of the Central Milton Character Area. In addition, the CLUP defines rural viewsheds as "the characteristic pastoral views that can be seen along the roads as one travels through Milton. Rural viewsheds contribute to the rural character and sense of place of the city of Milton. The bucolic scenic qualities of many of Milton's roads are considered to be character defining features within several of the larger character areas, and concerns have been expressed about maintaining and preserving these viewsheds and cherished characteristic of Milton. The Future Development Map identifies the roads that should be considered for protection as rural viewsheds." (page 20) The area where this property is located as welt as the adjacent community is one of these areas identified on the city's Future Development Map as a rural viewshed area. If the use permit is approved, lighting, signage, public restrooms, and a parking lot will be added to the property. This will clearly not create the pastoral view Milton resides have come to enjoy and the CLUP recommends be protected. In addition, "Central Milton contains a significant network of creeks, streams, wetlands and floodplains among other environmentally sensitive areas." (page 34) The property in question sits in a 100 year floodplain. You wouldn't be allowed to put a home there, so does it make sense to locate animal cages there? In the event of a flood, the animals would perish and their waste would be distributed throughout the area. Also, Chicken Creek runs directly through the property, providing water to Starnes Lake as well as continuing further downstream. As suggested by the CLUP, this means that this property is of particular environmental concern. Environmental contamination from pet primates is of great concern. Poor hygiene and improper disposal of contaminated feces pose a serious problem. Many disease organisms can persist in the environment for long periods of time and may pose a serious threat to humans. Environmental contamination may be a danger to the communities where primates are kept As anyone who is lucky enough to live in or just drive through Milton knows, horse farms enhance the character of the city. An unaccredited backyard zoo will never enhance our city. Thank you for your time, Teresa Stickels 14300 Saddlevalley Lane Milton, GA 30004 m teeba ahoo.com P.S. If you are interested in understanding the noise that the neighbors have put up with for the past 14 years, please go to your internet browser and type in: hitp:lltinyurl.comla9bk5fd The videos illustrate the noise of two varieties Mr. Riopelle currently has on his property (ring -tail lemurs and red ruffed lemurs). DR. & MRS. JOE GASTON 14325 SADDLEVALLEY LANE ALPHARETTA, GA. 30004 770-617-7667; 770-617-7668 12-10-2012 CITY OF MILTON FULTON, COUNTY ZONING, LICENSING, INSPECTIONS AND PERMITS DEPT. Milton City Hall 13000 Deerfield Parkway Suite 107 Milton, Ga. 30004 Re: ZONING VARIANCE REQUEST OF DEAN RIOPELLE 14325 Hopewell Rd. Milton, Ga. 30004 Dear Sirs: RECEIVED GES: 14 2M City of Wilton Community Development Unfortunately I was unable to attend the initial zoning meeting regarding Dean's request for a Primate and Exotic Animal Preserve at his home on Hopewell Road. Dean may have told you that I have done some of his inspections for his facilities. I have also treated numerous pets and several of his primates. Besides this, his house is approximately 100-150 feet from my back door and his property line and mine are contiguous. I must vehemently recommend that the variances requested be denied for the following reasons: 1. We have already had the misfortune of having one of his moneys (Capuchin) escape and ultimately be found in our basement where we had to do cleaning and straightening of papers, pictures and other items that had been rearranged. Apparently, the monkey had been lost for at least 24 and maybe 48 hours before my wife found it on a Saturday morning. 2. one of his Capuchin monkeys was treated by me for debilitation and weight loss and referred to the University of Georgia where they diagnosed a Yersina species bacterial infection. Yersinia Pestis is the organism that caused the black plaque during the Middle Ages. 3. Some neighbors across the lake in 5unnybrook Farms contacted us thinking we were housing animals that were creating enough noise that it was bothering there across the lake. In reality, it was the Ringtail Lemurs that on occasion would make whistling or howling noises that were loud enough to be heard across the lake. 4. Though I respect everyone's right to use their property as they see fit, I feel that to alter the existing codes that would allow no buffer instead of a 50 ft buffer would be an intrusion on the rights of my property. You will note we have a wooded buffer in existence currently and to maintain a 50 ft buffer is very reasonable. 5. The introduction of public parking and the traffic and noise it would create would only make matters worse. it is also a danger as you will note the entrance to their property is located in a curve on Hopewell Road where an increase in accidents would be very likely. 6. The hours of operation have not as yet been determined, but weekend hours would be an invasion of my privacy as my backyard already is contiguous with his fenced area for 5 or more donkeys. If people traffic is added to the existing animal noises, my quiet enjoyment of my property would no longer exist. It is because I respect their privacy and right to use of their property that I have no problem with hire keeping the animals as long as he has improved containment and security to prevent escape of potentially dangerous animals or increased risk of disease spread to lack of containment of the livestock. Ily, ter. Jae Gaston P esident/CEO Veterinary Medical Center 8750 Nesbit Ferry Road Alpharetta, Ga. 30022 770-998-8450 And Crabapple Knoll Veterinary Clinic 12004 Crabapple Road Alpharetta, Ga. 30004 770-475-8272 Robyn Macdonald From: Claudine Wilkins [wilkinslaw@comcast.net] Sent: Monday, December 10, 2012 4:23 PM To: Robyn Macdonald Subject: exotic animal reserve Dear Ms. MacDonald: It was a pleasure talking with you this morning about Dean Riopelle's request for a permit to have an exotic pet reserve. As I sated, this is a very bad idea and I hope the council and mayor reject his request. Our family and neighbors are adamantly opposed to giving him a permit. There are many laws involved in such an endeavor but it certainly is a citizen's issue and many are opposed. There are numerous experts who can tell you what happens when "exotic preserve" become substandard. They are extremely burdensome for public safety officials, hard to shut down, pose a potential risk to humans, unfair to neighbors, and the welfare of the animals.... well just call Noah's Ark in Locust Grove which has become a repository for those animals. Ironically, in the article below it states that Mr. Riopelle must in be in strict compliance for exotic animals under the tightly controlled state and federal agencies, the Department of Natural Resources and the Department of Agriculture yet he is quoted saying "and the local children regularly play with the animals". Further evidence shows Councilman Kunz with a monkey straddling his face; a rear monkey's paw right over his eye. These two alone already VIOLATE the regulations under both of the departments aforementioned. There is quite of laws and issues surrounding this permit and I implore you to review all those including: public safety (first and foremost), nuisance, disease concerns, how money will be sought to run the "preserve", will they be solicited by donors should Mr. Riopelle claim he has "rescued" animals when his statements below and history support the plan for breeding and selling? There are so many problems with this. You mentioned a woman who started a petition. Kay I think ... would you mind sending her info? And what is the name of the attorney Mr. Riopelle has hired? Thanks Robyn for listening and passing on our sentiments about this. Warm Regards, Claudine Wilkins http://www.n 10-1 7-195518-114126-sub-Starting-a-inonkey- business.html I Starting a monkey business Resident hopes to open local zoo by Jonathan Copsey write the author October 17, 2012 MILTON, Ga. — Milton resident Dean Riopelle has .c collected animals for years. Unfortunately, they are not what one would call normal pets. In fact, they are exotic. A� 1 got my first primate 18 years ago;" Riopelle said. It was a ring-tailed lemur — those furry little guys with the long black and white tails. "But I worked so much, she became lonely. So I got her a boyfriend immediately." They had twins _ His furry friends began to grow from there. He estimates he has about 100 animals on his 21 -acre property in the middle of Milton. Everything from donkeys and wallabies to porcupines roam his land, but most of the animals are primates. Monkeys. Many of his monkeys are Capuchin. These little creatures with amazingly human faces grow to be about the size of a housecat, are very inquisitive and can reproduce every eight months. Riopelle has given them all Biblical names, such as Delilah and Jezebel. "Zoos wi11 pay $20,000 far a Capuchin monkey," Riopelle said. Most of the animals are in pens or cages, although some roam freely. The monkeys have large open cages with lots of places to hide in and climb on. Riopelle breeds and buys his animals. In fact, that's what he initially wanted to do with his animals. "My first focus was to be a breeder. Private, closed [to Milton resident Dean Riopelle has collected primates for more than 18 years, including these Capuchin rr onkeys, who hug and kiss him when he enters their habitat. He wants to create a primate zoo, opening his hairy friends up to the public. JONATHAN COPSEYIStaff. (click for largier version) Monkey on my back: Milton Councilman Matt Kunz makes a new friend while taking a tour of Riopelle's home. JONATHAN COPS EYIStaff. (click for larger version) the public] and only rare animals for breeding," he said. "A couple things happened. Everybody and their mother started stopping by and asking for tours." The second thing stopping him was that federal regulators won't allow him to get an importation license unless he uses his animals for medical research, exhibition or if their offspring will be used for exhibition. Dean Riopelle has raised many of the animals himself. JONATHAN COPSEYIStaff. (click foriarger version) Riopelle said he would never use them for research. That leaves a zoo. He approached the city with his idea. Milton staffers were understandably taken aback by the request for a zoo_ "There's no way to address what he has," said Community Development Director Kathleen Field. "The issue is really how to allow these in the future as we go forward, but with safeguards in place to ensure the city and neighborhoods are protected." With the regulation of exotic animals already tightly controlled by state and federal agencies, such as the Department of Natural Resources and the Department of Agriculture, the city saw no need to impose strict rules on Riopelle or anyone else who may wish to get into the exotic animal business. instead, they looked at it from a zoning viewpoint. "[The federal agencies] are much more apt to enforce the acquisition and care of exotic animals, more than the city," said Councilman Matt Kunz, a friend of Riopelle. "If we are going to actually look at the animals, we need to look at the land use and not the care of the animals themselves. If we do that, we do so as not to cloud the legislation already there." Current city rules for agricultural land zoning — which covers farmland and suburban housing — only speak to domesticated animals, such as farm animals. "We attempted to widen that definition of allowed animals to include exotic and wild animals," Field said. "Then we had to define what we mean by that." Exotic animals would be allowed on a case-by-case basis, she said, and the owner would have to have property at least 10 acres in size, have certain fencing in place and heed to certain sound requirements, all of which deal with protecting the neighbors of any such facility. Riopelle said that for now, he has great neighbors and the Total children regularly play with the animals. "Across the street is a retired pilot and next door is a veterinarian," he said. 'They all love the monkeys. I'm blessed with great neighbors." The proposed new rules suit him just fine, Riopelle said. Anyone serious about keeping animals would have to have strict regulations anyway. By being proactive on the changes, Riopelle said it's worked well for him. "If down the line we don't have this law and an animal hurts a kid, we would ban all exotic animals," he said. "I think we're doing the right thing." Robyn Macdonald From: Amy Padgett [amy@totalehr.com] Sent: Wednesday, December 05, 2012 4:47 PM To: Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Chris Lagerbloom; Kathleen Field; Robyn Macdonald; Jason Wright Subject: In favor of exotic zoo! Hi all, After a heated debate at the bus stop with the North Fields neighbors I want to let you know that not everyone is against the exotic zoo. I think some of the people opposed just want to be mad in general. I think he should be able to do what he wants with his property if it isn't breaking the law. Take care, Amy Padgett As Anna said — I have been receiving emaiIs from different people in the community opposing an exotic zoo of sorts on Hopewell Rd. I five in North Fields subdivision, just right around the corner from this site. I just wanted to drop you a quick note stating that not everyone is so opposed to this plan. I have spoken to my neighbors and the majority think it's a great idea. Milton is known for land and having a country feel. This man (with the exotic animals) has lived here for more time than most of us. He has an abundant amount of land. He should be able to have whatever animals he wants, as long as within law. He has had these animals fora long time and no one has questioned monkey disease or poop concerns. I say if you are opposed to it or think you're going to catch a exotic animal disease, then do not go to his property. Sincerely, Anna Fraker 440 N Fields Pass Milton, Ga. 30004 Robyn Macdonald From: ANNA FRAKER [akfraker@bellsouth.net] Sent: Wednesday, December 05, 2012 3:09 PM To: Robyn Macdonald; Joe Lockwood; Karen Thurman; Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Chris Lagerbloom; Kathleen Field Cc: Jason Wright Subject: Exotic zoo Hello all. I have been receiving emails from different people in the community opposing an exotic zoo of sorts on Hopewell Rd. I live in North Fields subdivision, just right around the corner from this site. I just wanted to drop you a quick note stating that not everyone is so opposed to this plan. I have spoken to my neighbors and the majority think it's a great idea. Milton is known for land and having a country feel. This man (with the exotic animals) has lived here for more time than most of us. He has an abundant amount of land. He should be able to have whatever animals he wants, as long as within law. He has had these animals for a long time and no one has questioned monkey disease or poop concerns. I say if you are opposed to it or think you're going to catch a exotic animal disease, then do not go to his property. Sincerely, Anna Fraker 440 N Fields Pass Milton, Ga. 30004 Robyn Macdonald From: Kelly Rogers [kellyorogers@hotmail.com] Sent: Wednesday, December 05, 2012 9:00 AM To: Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Chris Lagerbloorn; Kathleen Field; Robyn Macdonald; Jason Wright Subject: Monkey Zoo Dear City of Milton Mayor and Council, We are neighbors of the proposed exotic primate zoo at 14325 Hopewell Road. I would like to express my concerns regarding this zoo and reasons for the City of Milton to decline its approval. My first concern, as an adjacent property owner, is the noise! His monkeys are not only extremely loud but very disturbing in that it sounds like screaming. I did my research and found that ruffed lemurs (Riopelle told us at the 11-28 meeting that he has red ruffed lemurs) exhibit contagious calling, where one individual or group starts a loud call and others within the area join in. It can be heard up to .62 miles away. You can't imagine the noise made by his monkey's screaming - it has the potential to affect the peace of all his neighbors within a .62 mile radius? That includes neighborhoods of Greystone, Sunnybrook, Bethany Oaks, Potterstone, Crabapple Forest, and all the private farms and land owners in between. I've considered calling to complain about the noise many times but have opted not to in an effort to be a "good" neighbor. Secondly, I am concerned about the effect on property values. Buyers in the city of Milton look for peace and tranquility. They would certainly be turned off by a loud, noisy zoo. As a real estate agent, I would advise my potential buyers to avoid buying in neighborhoods next to loud, screaming monkeys. Adjacent property owners would also need to disclose their proximity to the zoo - not exactly a good selling feature. My 3rd concern is obviously for the well-being of these animals. I attended the public mtg on 11 -2 8 and Mr. Riopelle told us proudly that he had 100 monkeys earlier in the month but moved half of them to a friend's place in south Georgia for the winter. Realize that he only has 6 cages. That's 16+ animals per chain-link cage - to me that is verging on animal cruelty. This is not zoo Atlanta where every attempt is made to make the animal's captive environment as close to it's natural environment as possible. Mr_ Riopelle's current business model is simply to breed and sell. Will the City of Milton ensure that these animals are well cared for and set regulations as to the number of animals per cage? A petition has been started to stop the zoo. You can find it at the following link: http•Ilwww.2o-petition. com/petitions/stop-exotic-preserve-at-14325-hopewell-road-mi lton-ga.html Thank you for taking in to consideration my views on this issue. Sincerely, Kelly Rogers City of Milton Resident Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, December 05, 2012 8:48 AM To: Robert Friedman; Joe Lockwood, Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Kathleen Field; Robyn Macdonald; Jason Wright Subject: RE: Against the exotic animal zoo >> Fw: Milton Exotic Animal Zoo - Please Oppose! Mr. Friedman, Good morning. Thank you for your comments. We have them captured and they will become a part of our staff report on this use permit request. Please let me know if you have any questions. Chris pity of Mhm Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton._ GA 30004 Office — 678-242-2488 www. cityofmi Itonga. us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter? Have a problem, question, comment, complaint or compliment? We want to hear about it! For prompt assistance, cal1678.242.2 500 or e-mail us at info@cityofmiltoncla.us. From: Robert Friedman[mailto:robert_frieciman@yahoo.com] Sent: Tuesday, december 04, 2012 5:21 PM To: 3oe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; 3oe Longoria; Lance Large; Chris Lagerbloom; Kathleen Field; Robyn Macdonald; Jason Wright Subject: Against the exotic animal zoo » Fw: Milton Exotic Animal Zoo - Please Oppose! Dur community does not support an exotic animal zoo. Please use your best judgement as representatives of the community when you vote on the variance. Thank you. Robert Friedman 13370 Freemanville Rd. Milton, GA 30004 ----- Forwarded Message From: Amy Stipancich <SummitHillElementa m - ta.or > To: Robert Friedman <robert fried man Qyahoo.com> Sent: Tuesday, December 4, 2012 3:00 PM Subject: Milton Exotic Animal Zoo - Please Oppose! Hi, Neighbors and Friends - I'm making it very easy by providing a link to sign the petition in opposition to the Exotic Animal Preserve online. Please have all members of your household (ages 18+ - even those away at college AND your spouse) sign and pass on to anyone else you know who may also have a vested interest in this cause (other neighborhoods, school email lists, sports teams, church groups, etc.). We are really trying to spread the word before it's too late! Feel free to direct anyone who might have a question or need additional information to me at astipancichohotmail.com . Please consider also sending a letter of opposition to the Mayor and City Council Members at: 'oe.lockwood r cit ofmilton a.us; karen.thurman ocit ofmilton a.us; matt.kuna cC17,�,cityofmiltonga.us; bill.lusk _ ityofmiltonga.us; burt.hewitt�cityofzniltonga.us; joe.lon og riancityolmiltanga.us; lance.lar e cr cit ofmilton a.us; chris.lagerbloomAcityofmiltonga.us; kathleen.field cr,cityofniiltonga.us; robyn.macdonaldgcityofmiltonga.us; jason.wright@cilyofmiltonga.us Note that legislature is currently underway to prevent interstate commerce and the trade of primates and exotic species. You are also welcome to go to this link and invite your elected government officials to support this proposal. http:/1www.bornfreeusa.orgZlegislation.pbp?n=2907&more=l http•//www. gopetition.com1petitionslstop-exotic-preserve-at-14325-hopewell-road-milton-ga.html Thanks so much for your support! I have included detailed information about this situation below for you to read and/or pass on. Hello, Milton Residents and Friends I wanted to update you on the City Council meeting held on Wednesday, December 28th . The purpose of the meeting was for the applicant (Dean Riopelle) to present the plans he has for his ?Exotic Animal Preserve? project and to answer questions. The site plan which was on display there is included in this file from the city: htt :l/www.cit ofmilton a.or czim/2012/11-28-2012-CZIM%20 acket. df It includes the other two items that were covered at that meeting, so the item we are interested in is contained in pages 8 - 11. The site plan itself is on page 10. Just a reminder - he currently has around 100 animals and 6 cages but hopes to have an additional 50 animals and an additional 20 cages before he opens. In addition, he plans to have a gravel parking lot and 2 restrooms with septic fields. Note that he has recently ?temporarily moved'? approximately half of his animals to a friend?s property for the winter. If you choose to visit his property, you will not be seeing the full menagerie. There was a good crowd of concerned neighbors in attendance, primarily from the Sunnybrook Farms subdivision and immediate surrounding properties. Mr. Riopelle appeared surprised that the neighbors were so opposed. He also seemed taken aback by the specific questions the neighbors had for him. He mentioned that he had "hundreds" of people stop by each year and ask for tours and say they loved the place. We kept pointing out that these were not his neighbors, but people from outside the immediate community. He also stressed that he was doing this for the community, but it was clear that his immediate community wasn't in support of it at all. Here are some of the items regarding this situation: ? Current animals on the property include: ring-tailed lemurs, red ruffed lemurs, white fronted brown lemurs, black handed spider monkeys, De Brazza's monkeys, Spot -nosed guenons, vervets, Cinnamon capuchins, black and white capuchins, Brazilian Tufted capuchins and Bolivian squirrel monkeys; 3 wallabies, 10 miniature donkeys, 2 Eurasian Eagle owls, and 4 dogs ? More animals/species are planned for his business. He is willing to have his variance specify which animals will NOT be included, but is not willing to have it specify which WILL be included. His reasoning is that he never knows when an unusual opportunity might arise. ? He has raised primates for almost 19 years, the last 14 years at this location- ? Besides himself, three other people care for these animals. Nobody on his premises is trained/will be trained to handle these animals. He does NOT plan to be affiliated/certified by any established zoological organization. ? His primary focus had been breeding for trade. He may pursue importation licensure. To satisfy regulatory requirements, he plans to open his grounds as a place to display his animals, and welcomes groups such as Boy Scouts, schools, etc. ? NO waste collection is performed. The cages each hold approximately 20 monkeys and are built over grass. The defecation merely falls to the ground until it degrades. ? Mr. Riopelle?s property runs along a creek, so residents voiced concern about runoff as well as contamination in the water table as many residents are using wells. Mr. Riopelle dismissed any concerns related to the issue of waste disposal or water contamination. Mr. Riopelle?s animals are under the care of a vet, but none have yearly blood work. We mentioned our concern about the potential spread of diseases, but he doesn't consider that to be a problem as he claims all of his are healthy. He does trade animals and acquire new animals with some frequency, so there is certainly the potential for introduction of illness. ? Monkeys have been known to transmit the Ebola virus, monkey pox and other deadly diseases. The American Veterinary Medical Association, the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC) have all expressed opposition to the possession of certain exotic animals by individuals. ? We also expressed concerned about the security of the cages and were told they were all secure. We pointed out that there have been escapes (a wallaby, lemur and monkey), but again, he doesn't seem to think that is a likely occurrence. ? No traffic studies have been/are planned to determine volume and safety issues on that extremely winding part of Hopewell Rd. ? Surrounding neighbors have expressed that the noise level is unbearable from the screeching of monkeys and braying of donkeys. Mr. Riopelle points the finger at three specific monkeys. He has not performed any noise level studies or built any sound barriers and did not appear interested in doing so. ? The City of Milton approved Mr. Riopelle?s fence height change in July, 2012. Apparently public notice was made in the Milton Herald, but nobody at the meeting had been aware of this, or at least of the entire story underlying the need for the fencing. '? The City of Milton approved a text amendment for the ownership of exotic pets. It was a blanket approval for all residents of Milton. There are no limitations to the number or types of exotic pets (only for the number per confined cage). Milton is relying on State and Federal government levels for further control of the issue. ? Research is currently being performed by concerned neighbors to determine when Mr. Riopelle?s lousiness license was approved, how long he?s had permits for these animals compared to how long he?s owned them, and how much Fulton County has been involved prior to the creation of the City of Milton. Please contact me if you have questions or other concerns. I am diligently working alongside residents from Sunnybrook Farms. Amy Stipancich 81 p Foxhollow Run 6781566-2601 astipancich@hotmall.com MSGSENDID{} 4 Robyn Macdonald From: Rachel Greathouse [raly10@comcast.net] Sent: Tuesday, December 04, 2012 7:14 PM To: Karen Thurman; Matt Kunz; Joe Lockwood; Bill Lusk; Robyn Macdonald Cc: Lance Large; Kathleen Field; Jason Wright; Jason Wright Subject: Exotic Animal Zoo Dear Committee: We are definitely against the plan for a "Milton Exotic Animal Zoo".... Think it would be terrible for both the community and the animals.... Sincerely, Rachel & Brian Greathouse 455 S. Burgess Trail Milton, GA 30004 Kac6l Livingston 6rcatkouse www.�acl�e�[��eat�lo{{useDes;�n.c�m 3 }, �fe:a{:lil RC1 i[' THC 1C 1()LIZZ,COM, i I6_TV `-) 9 o+-� t C7 -f z05 Robyn Macdonald From: Robert Friedman lrobert_friedman@yahoo.com] Sent: Tuesday, December 04, 2012 5:21 PM To: Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Chris Lagerbloom; Kathleen Field; Robyn Macdonald; Jason Wright Subject: Against the exotic animal zoo » Fw: Milton Exotic Animal Zoo - Please Oppose! Our community does not support an exotic animal zoo. Please use your best judgement as representatives of the community when you vote on the variance. Thank you. Robert Friedman 13370 Freemanville Rd. Milton, GA 30004 ----- Forwarded Message ----- From: Amy Stipancich <SummitHillEtementary@my-pta.org> To: Robert Friedman <robert —fried man@yahoo.com> Sent: Tuesday, December 4, 2012 3:00 PM Subject: Milton Exotic Animal Zoo - Please Oppose! Hi, Neighbors and Friends - I'm malting it very easy by providing a link to sign the petition in opposition to the Exotic Animal Preserve online. Please have all members of your household (ages 18+ - even those away at college AND your spouse) sign and pass on to anyone else you know who may also have a vested interest in this cause (other neighborhoods, school email lists, sports teams, church groups, etc.). We are really trying to spread the word before it's too late! Feel free to direct anyone who might have a question or need additional information to me at astipancich@hotmail.com . Please consider also sending a letter of opposition to the Mayor and City Council Members at: joe.lockwood@cityoftniltonga.us; karen.thurman@cityofmiltonga.us; matt.kunz@cityofmiltonga.us; bill.lusk@cityofmiltonga.us; burt.hewitt@cityofmiltonga.us; joe.longoria@cityofmiltonga.us; lance.large@cityofmiltonga.us; chris.lagerbloom@cityofiniltonga.us; kathleen.field@cityofmiltonga.us; robyn.macdonald@cityofmiltonga.us; jason.wright@cityofmiltonga.us Note that legislature is currently underway to prevent interstate commerce and the trade of primates and exotic species. You are also welcome to go to this link and invite your elected government officials to support this proposal. http://www.bomfreeusa.org/legislation.php?p=2907&more=l http: //www.gopetition. comlpetitionslstop-exotic-preserve-at-14325-hopewell-road-milton-ga.html Thanks so much for your support! I have included detailed information about this situation below for you to read and/or pass on. Hello, Milton Residents and Friends - I wanted to update you on the City Council meeting held on Wednesday, December 28th . The purpose of the meeting was for the applicant (Dean Riopelle) to present the plans he has for his ?Exotic Animal Preserve? project and to answer questions. The site plan which was on display there is included in this file from the city: http://www.cityofmiltonga.org/czim/2012/t 1-28-2012-CZIM%20packet.pdf It includes the other two items that were covered at that meeting, so the item we are interested in is contained in pages 8 - 11. The site plan itself is on page 10. Just a reminder - he currently has around 100 animals and 6 cages but hopes to have an additional 50 animals and an additional 20 cages before he opens. In addition, he plans to have a gravel parking lot and 2 restrooms with septic fields. Note that he has recently ?temporarily moved? approximately half of his animals to a friend?s property for the winter. If you choose to visit his property, you will not be seeing the full menagerie_ There was a good crowd of concerned neighbors in attendance, primarily from the Sunnybrook Farms subdivision and immediate surrounding properties. Mr. Riopelle appeared surprised that the neighbors were so opposed. He also seemed taken aback by the specific questions the neighbors had for him. He mentioned that he had "hundreds" of people stop by each year and ask for tours and say they loved the place. We kept pointing out that these were not his neighbors, but people from outside the immediate community. He also stressed that he was doing this for the community, but it was clear that his immediate community wasn't in support of it at all. Here are some of the items regarding this situation: ? Current animals on the property include: ring-tailed lemurs, red ruffed lemurs, white fronted brown lemurs, black handed spider monkeys, De Brazza's monkeys, Spot -nosed guenons, vervets, Cinnamon capuchins, black and white capuchins, Brazilian Tufted capuchins and Bolivian squirrel monkeys; 3 wallabies, 10 miniature donkeys, 2 Eurasian Eagle owls, and 4 dogs ? More animals/species are planned for his business. He is willing to have his variance specify which animals will NOT be included, but is not willing to have it specify which WILL be included. His reasoning is that he never knows when an unusual opportunity might arise. ? He has raised primates for almost 19 years, the last 14 years at this location. ? Besides himself, three other people care for these animals. Nobody on his premises is trained/will be trained to handle these animals. He does NOT plan to be affiliated/certified by any established zoological organization. ? His primary focus had been breeding for trade. He may pursue importation licensure. To satisfy regulatory requirements, he plans to open his grounds as a place to display his animals, and welcomes groups such as Boy Scouts, schools, etc. ? NO waste collection is performed. The cages each hold approximately 20 monkeys and are built over grass. The defecation merely falls to the ground until it degrades. ? Mr. Riopelle?s property runs along a creek, so residents voiced concern about runoff as well as contamination in the water table as many residents are using wells. Mr. Riopelle dismissed any concerns related to the issue of waste disposal or water contamination. ? Mr. Riopelle?s animals are under the care of a vet, but none have yearly blood work. We mentioned our concern about the potential spread of diseases, but he doesn't consider that to be a problem as he claims all of his are healthy. He does trade animals and acquire new animals with some frequency, so there is certainly the potential for introduction of illness. ? Monkeys have been known to transmit the Ebola virus, monkey pox and other deadly diseases. The American Veterinary Medical Association, the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC) have all expressed opposition to the possession of certain exotic animals by individuals. ? We also expressed concerned about the security of the cages and were told they were all secure. We pointed out that there have been escapes (a wallaby, lemur and monkey), but again, he doesn't seem to think that is a likely occurrence. ? No traffic studies have been/are planned to determine volume and safety issues on that extremely winding part of Hopewell Rd. ? Surrounding neighbors have expressed that the noise level is unbearable from the screeching of monkeys and braying of donkeys. Mr. Riopelle points the finger at three specific monkeys. He has not performed any noise level studies or built any sound barriers and did not appear interested in doing so. ? The City of Milton approved Mr. Riopelle?s fence height change in July, 2012. Apparently public notice was made in the Milton Herald, but nobody at the meeting had been aware of this, or at least of the entire story underlying the need for the fencing. ? The City of Milton approved a text amendment for the ownership of exotic pets. It was a blanket approval for all residents of Milton. There are no limitations to the number or types of exotic pets (only for the number per confined cage). Milton is relying on State and Federal government levels for further control of the issue. ? Research is currently being performed by concerned neighbors to determine when Mr. Riopelle?s business license was approved, how long he?s had permits for these animals compared to how long he?s owned them, and how much Fulton County has been involved prior to the creation of the City of Milton. Please contact me if you have questions or other concerns. I am diligently working alongside residents from Sunnybrook Farms. Amy Stipancich 810 Foxhollow Run 6781566-2601 astipanc i ch@hotm ail . com MSGSENDIDO Robin Macdonald From: Gregg Quisito [gquisito@moneymailer.com] Sent: Monday, December 03, 2012 5:28 PM To: Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large; Chris Lagerbloom; Kathleen Field; Robyn Macdonald; Jason Wright Subject: Exotic Pet Preserve/Zoo opposition... We, the undersigned residents of the City of Milton, Georgia, attest that we are in opposition to the installation of an exotic pet preserve/zoo on the property located at 14325 Hopewell Road, and call on the city council to deny dean Riopelle's use permit U12-01/VC12-07 for Exotic Animals to operate a Primate and Exotic Animal Preserve on approximately 20.74 acres. A 2 part concurrent variance, 1) Not to plant to buffer standards for a width of 75 feet along the east property (Sec. 64-1141(3)(b)). 2) To allow parking between the building and the right-of-way (Sec 64 -1145(6)(c)) - Impacted residents in Milton have a vested interest in the value of their property, concern about increased traffic and noise, and safety of their families that establishing this preserve/zoo would immediately affect in a negative way. The installation of the exotic preserve/zoo is inconsistent with the character of the neighborhoods surrounding these locations and would increase traffic congestion and noise levels. We would hope the City of Milton would discourage the preserve/zoo and protect against visual blight and damage to our community aesthetics, safety, and values. kw Gregg S. Quisito Vice President I Franchise Development MONEY N"MAIER -tom► Oaft Afor4y r . 815 Scotlandwell Place Atlanta, GA 30004 D. 678.297.7747 C. 678.315.3320 F. 800.819.4322 www.linkedin.com/r)ub/gregg-guisito/5/313/bb Learn about the franchise @ www.franchise.moneymailer.com! Get our coupons online @ www.moneymailer.com Franchises available nationwide! FRANCHISE SOO . ,... _ ..._. .t �:x Robyn Macdonald From: Christine Doss Sent: Monday, December 03, 2012 12:49 PM To: Elected Officials; Chris Lagerbloom; Kathleen Field; Robyn Macdonald Subject: FW: Private and Exotic Animal Preserve at 14325 Hopewell Rd., Milton, Ga. Christine J. Doss Executive Aide 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Office -- 678.242.2492 www city+ofmiltoma.us __ _ .. From: james pace [mai lto: ri yooZ@att.net] Sent: Monday, December 03, 2012 12:17 PM To: Christine Doss Subject: Private and Exotic Animal Preserve at 14325 Hopewell Rd., Milton, Ga. Although I appreciate the enthusiasm and initiative exhibited by Mr. Dean, I do not feel this is the approriate location for such an endeavor. Concerns are: 1. Environmental: Disposal of waste Possible contamination of Chicken Creek Effect on downstream animals Effect on water wells in the area Possible diseases 2. Does the city have trained animal control officers to handle animals that escape or who become violent? Consquences of dealing with exotic animals are very serious!! From 1990 to 2011 in the U.S., 75 deaths were attributed to people coming into contact with exotic species - reported in Bangor Dailey News in Maine 11 / 29 / 12. Experiences of animal owners: chimpanzee's owner's face bitten off in Connecticut - the 200 lb. animal slept in the same bed as its owner. Ohio Zanesvill Zoo incident in 2011 when the owner of the private facility set the animals loose. The animals escaped from the Muskingum County Animal Farm in Zanesville after the owner threw their cages open and committed suicide, authorities said (56 animals were involved). 3. Do we want the financial and liability risks associated with such an endeavor for such a small community? 1 4. Traffic concerns - Hopewell Road curve and sight distance to entrance of property is limiting. 5. Noise is disturbing and loud - will be greater. 6. Since animals escape, there will always be a concern when you walk out the door. I would greatly appreciate encouraging Mr. Dean to consider other locations more isolated with greater land space for so many animals. Thank you - Carolyn Pace Robyn Macdonald From: Angela Rambeau Sent: Monday, December 03, 2012 9:18 AM To: Robyn Macdonald Subject: FW: case# U12-01NC12-07 14325 hopeweil road And another.. From: lakesidecottage corncast.net [mailto:lakesidecotta9eocomcast.net ] Sent: Friday, November 30, 2012 11:30 AM To: Joe Lockwood; Angeia Rambeau; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large Cc: Teresa Stickels Sublect; case# U12-01/VC12-07 14325 hopeweil road Dear Mayor and Milton City Council, I live at 14266 Saddlevalley Lane in Milton. For 28 years we have taken much pride in our home and property. Our property is very close to Mr. Riopelle's. have many concerns about his plan to have a commercial exotic animal zoo. 1. The noise is deafening and has been for quite awhile. I am against him having exotic animals in such close proximity to residential neighborhoods let alone adding to what is existing now. 2. Hopewell Road is a very narrow, curvy road that carries too much traffic now. There have been no improvements to the road for years --it is beyond traffic capacity and adding commercial traffic to it would be criminal. Adding additional school buses on field trips to the property is an accident waiting to happen. 3. Mr. Riopelle's property is on the lake. Chicken Creek runs through there. Many homes in the area have wells. The waste from all of these animals and the addition of public restrooms on the property cannot be good for this kind of environment. To say nothing of the disease that is possible from the animals. 4. We have grandchildren that visit plus friends that have children. It no longer seems that we live in a safe area. I am fearful for our guests as well as myself. I am afraid to go to the road to pick up my paper in the dark. 5. Declining property values. In closing I urge you not to let this proceed. The quality of life of many residents of Milton is at stake. Thank -you. Suzanne Marvin 1 Robyn Macdonald From: Angela Rambeau Sent: Monday, December 03, 2012 9:15 AM To: Robyn Macdonald Subject: FW: Zoo proposal on Hopewell Rd. For your files. From: ]UDSONMARVIN@comcast.net[mailto:]UDSONMARVIN@comcast.net] Sent: Saturday, December 01, 2012 1:28 PM To: Angela Rambeau Subject: Fwd: Zoo proposal on Hopewell Rd. Hi Angela, It was nice meeting you at the information meeting this week. FYI --This is a letter I sent to Mayor Lockwood and City Council members. Hopefully, this will be helpful in expressing our concerns in the planning stage. Thanks, Judson Marvin 770-475-4007 From: JUDSONMARVIN(!-5Dcomcast.net To: "burt hewitt"<burt.hewitt�cityofmiltonga.us>, "matt kunz"<matt.kunzCo),cityofmiitonga_us>, "lance large" <lance.largea-cityofmiltonga.us>, "joe lockwood"�ioe.lockwood aC�cityofmiltonr a.us�, "joe longoria" <Ooe.lon aria cit ofmilton a.us>, "gill lusk"<bill.IuskQ_)cityofmiltonga.us>, "karen thurman" <karen.thurman cityofmiltonga.us> Cc: "Chris Lagerbloom" <chris.la erbloom cit ofmilton a.us> Sent: Saturday, December 1, 2012 1:09:56 PM Subject: Zoo proposal on Hopewell Rd. To: The Honorable Mayor Joe Lockwood and Milton City Council Members My name is Judson Marvin and I am writing you regarding the proposal by Mr. Dean Riopelle to put a zoo on his 14325 Hopewell Road property. My property is at 14260 Saddlevalley Lane in the Sunnybrook Farms subdivision. I have 8 acres on Lake Starnes. My property is 200 feet east of Mr. Riopelle's property. My family and I have lived in this home for 28 years and in this area for 36 years. We have enjoyed our local friends, and especially the peace, tranquility, and privacy of the neighborhood ------that is until Mr. Riopelle moved in with his cadre of monkeys and other exotic wild animals. According to Mr. Riopelle, he has over 50 such wild animals and if all goes as planned he will triple that number. First of all, let me say I can only speak for myself, but I feel there are many who feel the way I do in regard to what has taken place on the Riopelle property. There has been a buzz among my neighbors for several years about the horrible screeching noise coming from Mr. Riopelle's property. The noise is piercing and constant. It, apparently, is coming from his caged monkeys. Have you ever heard a single monkey scream? If you wish, you can hear a monkey scream on the internet. Multiply that by fifty and you understand the enormity of the noise coming from Mr. Riopelle's property. While working or playing in the yard, the noise is unnerving. It scares my grandchildren. It is difficult to entertain our friends without the embarrassing question of, "What is that noise?". The issue of noise isn't the only problem. If the Milton City Council approves Mr. Riopelle's plan there is a potential for numerous and dangerous consequences to my neighbors and the City of Milton. With the advent of a proposed zoo, or as Mr. Riopelle calls it, "a Primate and Exotic Animal Preserve" , consider this: 1) Mr. Riopelle is importing monkeys from tropical and subtropical regions of the globe. Almost every major known disease to man has been traced to monkeys and other exotic wild animals. The CDC (Centers for Disease Control) states this. "Monkeys and other nonhuman primates (NHP) may not be imported as pets under any circumstances. Importation for permitted purposes is strictly controlled through a registration process. These regulations are in place to protect U.S. citizens from severe infections that can spread from monkeys to humans. These diseases include --Ebola Reston, B virus (Cercopithecine herpesvirus 1), Monkeypox, Yellow fever, Simian immunodeficiency virus, tuberculosis, and other diseases not yet known or identified." Even though strict regulations are in place, I refer you to the Ebola scare at Hazleton Laboratories in Reston, VA. While experimenting with monkeys imported from the Philippines they discovered the monkeys had been infected with a new mutated strain of the Ebola virus. It has been named the Ebolareston virus. This Ebola mutation reminds me of what the CDC states as, "other disease not yet known or identified". 2) Also consider that many homes in this area use well water, and that many homes adjoin the ponds and lakes that are fed by Chicken Creek. Chicken Creek runs through Mr. Riopelle's property in the flood plain where he proposes to put an additional 20 cages to house his monkeys. According to Mr. Riopelle, the ground below the cages is not cleaned. The monkey urine and feces is left to decay naturally. With heavy rains and flooding, the runoff into Chicken Creek could be catastrophic. The safety of not only local residents, but those down stream, for miles, could be at risk. By approving this proposal, you would impose a hugh safety risk to our families and neighbors -----your constituents. 3) Another consideration is the danger to traffic along Hopewell Road. Mr. Riopelle proposes his "Primate Preserve" as a, for profit, breeding business and zoo in hopes of attracting bus loads of school children and other citizens to enjoy his wild exotic animals. The Riopelle property is on a dangerous blind curve, on an already hazardous and overtaxed, narrow Hopewell Road. I hesitate to think what could happen to a bus load of school children trying to make a turn onto Hopewell, out of the Riopelle property, into a blind curve. Buses would be exposed, broadside, to the speeding traffic on Hopewell. 4) Containment of the wild exotic animals is also a consideration. Mr_ Riopelle claims the monkeys are secure in cages he has provided on his property, but one monkey, that we know of, has already escaped, entering my neighbors home and ransacking their finished basement. Mr. Riopelle made no apology or offer to help with cleanup and repairs. His proposal to at least triple the number animals on his property makes containment an even greater threat. Even Zoo Atlanta, with it's superior facility to Mr. Riopelle's, has sometimes had containment issues. There are so many other issues to take into consideration, such as the impact this proposal will have on the adjacent property values, the legal liability and possible cost to this small City of Milton. At a time when most municipalities across the U.S are trying to contain the private ownership of exotic wild animals, Milton seems to be going the opposite direction, defining and enabling ownership. I could go on and on, but I realize your time is valuable. However, this is important to us, to our neighbors, and the city we love. This proposal, simply put, is a very bad idea. 1 firmly believe in a persons right to pursue their ambitions, but when the purpose of that ambition is to line ones own pocket to the detriment and safety of his neighbors, that is wrong. I personally wish Mr. Riopelle well, but I would like him to take his ambitions and his monkeys to a remote area that is large enough so as not to adversely impact his neighbors. Therefore, I implore each of you to vote NO to this proposal when it comes before you. Thank you for taking the time to read my letter and listening to my fears of what impact this proposal could have on our lives. Sincerely, Judson Marvin 770-475-4007 Robyn Macdonald From: Amy Stipancich [astipancich@hotrnail.com] Sent: Friday, November 30, 2012 5:33 PM To: Joe Lockwood; Karen Thurman; Matt Kunz; Bill Lusk; Burt Hewitt; Joe Longoria; Lance Large Cc: Chris Lagerbloom; Kathleen Field; Robyn Macdonald; Jason Wright Subject: Opposition to Exotic Animal Preserve Dear Mayor Lockwood, City Council Members, Planning Commission, City Manager, City employees and volunteers: We are Milton residents who own a home in the Greystone subdivision on Hopewell Road, and are writing to express our concern about the request to allow a parcel of property to become an "exotic animal preserve." We were recently informed that Mr. Dean Riopelle is requesting zoning variances to allow him to operate what is effectively a breeding ground for the trafficking of exotic animals. We understand that currently there are approximately 100 animals on the property which include: ring-tailed lemurs, red ruffed lemurs, white fronted brown lemurs, black handed spider monkeys, De Brazza's monkeys, Spot -nosed guenons, vervets, Cinnamon capuchins, black and white capuchins, Brazilian Tufted capuchins and Bolivian squirrel monkeys; 3 wallabies, 10 miniature donkeys, 2 Eurasian Eagle owls, and 4 dogs. A meeting held on Wednesday, November 28, 2012 between Mr. Riopelle, his business associates and concerned Milton residents revealed the following information: • More animals/species are planned for his business. He is willing to have his variance specify which animals will NOT be included, but is NOT willing to have it specify which WILL be included. His reasoning is that he never knows when an unusual opportunity might arise. ■ He has raised primates for almost 19 years, the last 14 years at this location. • Besides himself, three other people care for these animals. Nobody on his premises is trained/will be trained to handle these animals. He does NOT plan to be affiliated/certified by any established zoological organization. • His primary focus had been breeding for trade. He may pursue importation licensure. To satisfy regulatory requirements, he plans to open his grounds as a place to display his animals, and welcomes groups such as Boy Scouts, schools, etc. • NO waste collection is performed. The cages each hold approximately 20 monkeys and are built over grass. The defecation merely falls to the ground until it degrades. • Mr. Riopelle's property runs along a creek, so residents voiced concern about runoff as well as contamination in the water table as many residents are using wells. Mr. Riopelle dismissed any concerns related to the issue of waste disposal or water contamination. • Mr. Riopelle's animals are under the care of a vet, but none have yearly blood work. We mentioned our concern about the potential spread of diseases, but he doesn't consider that to be a problem as he claims all of his are healthy. He does trade animals and acquire new animals with some frequency, so there is certainly the potential for introduction of illness. Monkeys have been known to transmit the Ebola virus, monkey pox and other deadly diseases. The American Veterinary Medical Association, the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC) have all expressed opposition to the possession of certain exotic animals by individuals. We also expressed concerned about the security of the cages and were told they were all secure. We pointed out that there have been escapes (a wallaby, lemur and monkey), but again, he doesn't seem to think that is a likely occurrence. No traffic studies have been/are planned to determine volume and safety issues on that extremely winding part of Hopewell Rd. Surrounding neighbors have expressed that the noise level is unbearable from the screeching of monkeys and braying of donkeys. Mr. Riopelle points the finger at three specific monkeys. Neighbors indicate the noise is created by many more animals, including the braying of donkeys. He has not performed any noise level studies or built any sound barriers and did not appear interested in doing so. We fail to understand why such business should be permitted within the City of Milton and nestled between several densely populated subdivisions. Besides the potential nuisance associated with the cries of exotic animals who are outside of their natural habitats, we are gravely concerned about the endangerment to our families presented by both animal escapes and the potential transmission of infectious diseases. We also fail to understand how the City of Milton could be so lax as to not create specifications relating to type and quantity of exotic animals allowed per Milton resident. This is irresponsible and could result in litigious activity should anything go awry. There are many far more suitable locations which are far less populated within a 15 mile radius of Milton where such an operation can be maintained without the safety risks to families — such as on a remotely situated farm. In light of the forgoing, we respectfully urge you to deny the pending requests for variances, and recommend to Mr. Riopelle that he relocate his exotic breeding facility to a location which is much better suited than in the middle of a suburb of a major metropolitan area. Thank you for your time and consideration of our request. Sincerely, John K. and Amy L. Stipancich 810 Foxhollow Run Milton, GA 30004 6781566-2601 Robyn Macdonald From: Robert Hargreaves [rhQaapolloroofing.com] Sent: Friday, November 30, 2012 2:16 PM To: Robyn Macdonald Subject: RE: Exotic Animal and Primate Exhibit Yes it was in regard to the fence variance and he wrote some verbiage onto the letter about being in approval of his exhibit but I did not think it was going to be a large commercial breeding operation. I think it was hard copy but it was pretty quickly done and I honestly can't remember if he left it in my mail box or gave it to me in person. Thanks, Robert Hargreaves President 5060 Old Ellis Point, Suite 200 Roswell, GA 30076 Office: 770.751.6191 Facsimile: 770.751.3530 Strong People—Strong Roofs www.apollaroofinp,.com ............... ................. ........... . . From: Robyn Macdonald [maiito:Robyn. MacdonaldCacittyofmiltonga.us] Sent: Friday, November 30, 2012 2:09 PM To: Robert Hargreaves Subject: RE: Exotic Animal and Primate Exhibit Robert, Would that letteryou signed be in regards to the fence variance he received in the summer? Was the letter via e-mail or hard copy? Matt Kunz's a -mail is the following: matt. kunz 2cityofmiIto npa.us Let me know if you have any further questions. Robyn arc of Robyn MacDonald Principal Planner Community Development Department 13000 Deerfield Parkway, Suite 107F Milton, GA 30004 Office -- 678-242-2540 Fax - 678-242-2550 www. cityofm_ilton ga. us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We wart to hear about it! For prompt assistance, call 678.242.2500 or e-mail us at infoC&7cityofmiltonga.us. From: Robert Hargreaves [mailtc:rh a oiloroofin .cam Sent: Friday, November 30, 2012 1:56 PM To: Robyn Macdonald Subject: Exotic Animal and Primate Exhibit Robyn, I received an email today from a neighbor asking me about my previous letter of support for the project. The letter Dean previously submitted voicing my support for his project was before I had a chance to review any plans etc The scope of his project is much larger than I would have envisioned. I can address that at a council meeting if needed. I signed the letter for Dean but it was done without foreknowledge of the project and it was a fetter that Dean wrote. Thanks. Robert Hargreaves Robyn Macdonald From: Robert Hargreaves [rh@apolloroofng.com] Sent: Friday, November 30, 2012 1:56 PM To: Robyn Macdonald Subject: Exotic Animal and Primate Exhibit Robyn, received an email today from a neighbor asking me about my previous letter of support for the project. The letter Dean previously submitted voicing my support for his project was before I had a chance to review any plans etc The scope of his project is much larger than I would have envisioned. I can address that at a council meeting if needed. I signed the letter for Dean but it was done without foreknowledge of the project and it was a letter that Dean wrote. Thanks. Robert Hargreaves Robyn Macdonald From: Chris Lagerbloom Sent: Tuesday, November 27, 2012 5:34 PM To: Elected Officials Cc: Robyn Macdonald; Kathleen Field Subject: FW: Concerns regarding establishing Exotic Pet Preserve at 14325 Hopewell Road lWdl Chris From: Chris Lagerbloom Sent: Tuesday, November 27, 2012 5:33 PM To: 'knorve11302@gmaii.com' Subject: RE: Concerns regarding establishing Exotic Pet Preserve at 14325 Hopewell Road Kay, Good evening. I am absolutely positive the Mayor and Council are very interested in making the very Best decisions for their (and our) community — and this will be no exception. There were actually three modifications. RZ12-10 created definitions for exotic animals. RZ12-09 allowed for exotic animals in the AG -1 zoning district. And, RZ12-13 created the use permit process for exotic animals and/or related uses. These were ultimately voted on in succession during the Council Meeting of October 15, 20312 (ail of the documents are assembled on our web site including the web stream of that meeting (link to themeeting) where the discussion starts around minute 30:45). The request is to open his grounds to the public — at certain times. As with any zoning/use permit application, there will be a recommendation from the City traffic engineer as well as the City arborist. Staff will also assemble the application to make sure it is complete and facilitate it moving through the public process where ultimately the Mayor and Council will make a decision. Have a great night! Chris .................... .................... ._... ..I .... ... ............................................. From: knorvelI302 mail.com [mai Ito: knorvell302C7agmail.com] Sent: Tuesday, November 27, 2012 4:21 PM To: Chris Lagerbloom Subject: Re: Concerns regarding establishing Exotic Pet Preserve at 14325 Hopewell Road Thank you for your clarifications, Chris, and your quick response. 1 always enjoy talking with you. I guess I just missed the zoning process which I usually try to stay on top of in my area. 1 need further clarification of the probability of this happening. Please clarify what the modification allows? .rust his owning and keeping these animals on his land or the ability to open his grounds to the public? fle has owned them for 18 years before asking for this modification so why did he ask for that after all this time unless it was leading to allowing him to open a business? The georgia state law only allows exotic ownership if you open your facility to the public. They rely on city municipalities for their interpretation. This is my concern. He wants to bring unwanted traffic to the area and quadruple the number of animals he already has. No amount of talking on his part is going to convince any of his neighbors that this idea is beneficial to anyone but himself. We are attending all the meetings listed in the letter I received from the city. I will attend his only to show that there are people against this idea. I would hope he would reconsider when he realizes his immediate neighbors are very disturbed by this idea but I am only holding out hope that city hall will hear us and listen to the whole community. Thanks for your help. It is nice to know we have friends at who care! Kay On Nov 27, 2012, at 3:56 PM, Chris Lagerbloom wrote: Kay, Good afternoon. It is good to hear from you again. Thank you for coping me (must be blind carbon copy) on this email. Your feedback is appreciated and welcomed. Please allow me to clarify a couple points. The text amendment recently considered by the Mayor and Council was modified to allow for exotic animals in the AG - 1 zoning district. That is not a change in the underlying zoning on this one parcel, simply a modification to the code to allow for an additional use. This change traveled through the entire zoning process which included several opportunities for public input. The request before the City at this point from Mr. Riopelle is to seek a use permit as he describes (the full use permit application will be available on our web site long in advance of the dates I will mention shortly). You received the letter from him because the City requires a public participation plan and part of that is for the applicant to host a meeting somewhere in the community (and in this case he elected to host it at his home). The Mayor and Council will ultimately decide if the use is appropriate, but in any event, I believe you find Mr. Riopelle open for further discussion and it would be good if you and any of your neighbors could attend. Additionally, there will be a less formal Community zoning Information Meeting (agenda click here_) at City Hall tomorrow night (November 28t) at 7:00 pm, the Design Review Board will hear the item on December 41" at 6:00 pm, the Planning Commission will hear the item on December 19th at 7:00 pm and the Council will see it during the two meetings in January where final action could be taken on January 23`d at 6:030 pm. Please let me know if you have any questions. Thank you for being involved, Chris citnage001.jpg7 Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 Office — 678-242-2488 www. cit ofm ilton a. us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, question, comment, complaint or compliment? We want to hear about it! For prompt assistance, call 678.242.2506 or e-mail us at info -a From: knorve11302 gmail.com i mailto.knorve11302(dgrnail.com] Sent: Tuesday, November 27, 2012 10:44 AM To: ]oe Lockwood Subject: Concerns regarding establishing Exotic Pet Preserve at 14325 Hopewell Road Dear Mayor Lockwood, members of City Council, Planning Commission, City Manager, City employees and volunteers, I am a homeowner currently living in Sunnybrook Farms which is adjacent to the property located at 14325 Hopewell road. I had the pleasure of meeting and working with many of you during the T -Mobile petition to put a cell tower adjacent to our neighborhood several years ago. I appreciated then the help I received from the city in support of the community and I know I can count on your impartial judgement once again. Our quiet neighborhood is now being challenged yet again on the other side from a property owner that wants to place an exotic pet preserve on his 20 acre property. First, I would like to mention this same property owner has kept lemurs, capuchin primates, kangaroos illegally on the property from what I am to understand has been 18 years with no siting from the county of Fulton or City of Milton. I have lived at my current residence for over 4 years and have often heard the monkeys screeching. One of the capuchin monkeys escaped last year and was found in a neighbors basement. From what I have been told there was considerable damage to her home not to mention the trauma of finding a wild animal in your basement. The owner of this monkey provided no restitution to her property. I am trying my best to understand how our city would change the zoning to allow this man to legally keep exotic animals thereby legitimizing the breeding, selling, and caging of these animals. It seems in direct contrast to the recent movement of the city to establish the community as a wildlife habitat. These animals will not be kept according to their natural habitat and according to the Wildlife Federation it is not possible to replicate their natural habitat in a caged environment. I am saddened to think we as a city would be culpable in encouraging this inhuman treatment of these animals. Help me understand how this is in the best interest of our community? I am also trying to understand how this re -zoning happened without seeking input from the community. A small notice in the paper is not adequate to alert neighbors and the community of this change. I stopped to read a permit notice on this property pertaining to an increase in fence height not a change in zoning. This is the only notice I saw before reading in the paper that the re -zoning had been approved by the city council. As a community we should be considering the long term ramifications of this decision as well as the danger to the community when, and I say when instead of if because an escape has already occurred. I am sure the people of Zanesville, Ohio did not anticipate what happened there with. that "preserve". I received a letter from Dean Riopelle yesterday. In his letter he states "Current infrastructure consists of a single family home, a barn and 6 cages. Additional infrastructure needed will consist of approximately 20 more temporary structures used as cages, a gravel parking lot and 2 restrooms with septic fields. Eventually we plan to operate as a business". My question to you is how is he now able to go from a private owner to a business in a non-commercial area? Also, going from 6 cages to 20 is almost a 4 fold increase in animals and noise in a residential area. This should be unacceptable to our city. I know it is unacceptable to our immediate neighborhoods. How many of you would chose to live next door to a zoo or as he refers to it as a "preserve"? Odors, noises, possible spreading of diseases to your domestic animals to just list a few negatives but there are numerous. I would imagine none of you would be rushing to buy in our neighborhood so once again we are faced with decreased property values in an already depressed market. I have spoken with many of my immediate neighbors as well as surrounding neighborhoods. I have yet to find anyone who said they w=ould welcome this preserve. These "preserves" should never be in the middle of a residential area. There are too many cases to site of human endangerment that occurs through escapes, direct contact through "educational handling", transfer of disease through excrement disposal, communicable diseases to name a few. Monkeys have been known to transmit the Ebola virus, monkey pox and other deadly diseases. The American Veterinary Medical Association, the United States Department of Agriculture (USDA), and the Centers for Disease Control and Prevention (CDC) have all expressed opposition to the possession of certain exotic animals by individuals. Why would we want to promote the inhuman treatment of these animals through a "preserve"? This is to many of the neighbors involved no more than legitimizing this man's desire to exploit animals under the auspices of a "nature preserve". 1 have not even delved into the area of breeding and selling these animals that the exotic owner is currently doing on the internet. The long term affects to the community should be explored before a stamp of approval is given. The concerns and safety of the community should be weighed and opinions of experts in this field should be sought before a decision is granted. My neighbors and I will be diligently collecting information from experts as well as researching existing exotic preserves to compile information for the staff. I know you are all busy this time of year with family and preparing for the holidays. It is a time to be hopeful for the future and giving thanks for our blessings. I look forward to hearing from you concerning your insights about this impacting our community. I hope you will hear our concerned voices and we can work together for the good of our wonderful city that 1 am privileged to call home. Respectfully, Kay Norvell and Sunnybrook Farms neighborhood 2305 Saddlesprings Drive Milton, Ga Robyn Macdonald From: Carrie Moss [moss5l@att.net] Sent: Friday, February 22, 2013 5:11 PM To: Robyn Macdonald Subject: Please consider the animals' welfare! Importance: High Dear Commission Members, I strongly urge you to recommend that Dean Riopelle's application for a permit to keep exotic animals on his property be denied. Not only does Milton house dangerous animals on his property now, he also apparently plans to acquire even more, in complete disregard of public safety. Primates ----such as those residing on Riopelle's property in Milton—present serious public safety and health risks because they can both become aggressive and transmit various diseases to humans. Capuchin monkeys, for example, can turn on humans when they reach sexual maturity and cause serious injuries. In fact, one capuchin monkey bit one of his keeper's fingers off, and another bit the thumb of a woman in Georgia, who had to receive care from a hand specialist for her injuries. Please protect the safety of Milton residents by recommending the denial of Riopelle's application Sincerely, Carrie Moss Robyn Macdonald From: adam w silber [adamsiiberC5@aol.com] Sent: Friday, February 22, 2013 5:24 PM To: Robyn Macdonald Subject: stop the monkey abuse in your city It needs to end Robyn Macdonald From: Laryn Alfred [lalfred u@comcast.net] Sent: Friday, February 22, 2013 5:51 PM To: Robyn Macdonald Subject: Exotic animals Dear Commission Members, I strongly urge you to recommend that Dean Riopelle's application for a permit to keep exotic animals on his property be denied. Not only does Milton house dangerous animals on his property now, he also apparently plans to acquire even more, in complete disregard of public safety. Primates—such as those residing on Riopelle's property in Milton ----present serious public safety and health risks because they can both become aggressive and transmit various diseases to humans. Capuchin monkeys, for example, can turn on humans when they reach sexual maturity and cause serious injuries. In fact, one capuchin monkey bit one of his keeper's fingers off, and another bit the thumb of a woman in Georgia, who had to receive care from a hand specialist for her injuries. Please protect the safety of Milton residents by recommending the denial of Riopelle's application. Sincerely, Laryn Alfred Robyn Macdonald From: Otessa Compton [celestiai7orc@yahoo.com] Sent: Friday, February 22, 2613 6:26 PM To: Robyn Macdonald Subject: PROTECT ANIMALS AND HUMANS Dear Ms. Mac Donald --- On behalf of PETA, do not allow a person by the name of Dean Riopelle to have any more animals and open a roadside zoo. This would definitely be cruel for the animals, and dangerous to humans. These animals do not want to be held captive, and want their freedom like anyone of us; hence, this may cause a hazard to humans. These animals need plenty of grounds. Please deny Dean Riopelle, as a roadside zoo is totally inappropriate for these animals. Sincerely, Dtessa Regina Compton 1003 Morgans Landing Drive Sandy Springs, GA 30350 770-674-7891 Robyn Macdonald From: Jordan Malray Himairay@yahoo.com] Sent: Friday, February 22, 2013 7:17 PM To: Robyn Macdonald Subject: U12-01IVC 12-07 Dear Commission Members, I am writing you in regard to Dean Riopelle's request to have a permit for exotic animals/operation of a primate and exotic animal preserve. I have read online, in an interview (http://www.northfulton.comiArticies-COMMUNITY-NEWS-c-2012-10-17-195518.114126- suh24323.114126-Starting-a-monkey-business.html) that Mr. Riopelle's true intentions are to be an exotic animal breeder. He is purely using this attempt to secure a permit for a "preserve" as a way to breed these animals and sell them to who -knows -who. In a similar fashion to "backyard breeding" of dogs and cats, there can be severe repercussions if he is allowed to breed these animals. I strongly urge you to recommend that dean Riopelle's application for a permit to keep exotic animals on his property be denied, and that his activities be STRONGLY monitored in the future. I would further urge your county's Animal Safety Department to remove a large portion of the animals that he currently possesses, as 100 captive monkeys are just too many for any one person to have. Sincerely, Jordan L. Malray Atlanta. GA Robyn Macdonald From: Odette Paschal [odettepaschal yahoo.com] Sent: Friday, February 22, 2013 9:41 PM To: Robyn Macdonald Subject: Please Say NO to Exotic Pets_ Dear Commission Members, I strongly urge you to recommend that Dean Riopelle's application for a permit to keep exotic animals on his property be denied. Not only does Milton house dangerous animals on his property now, he also apparently plans to acquire even more, in complete disregard of public safety. Primates ----such as those residing on Riopelle's property in Milton—present serious public safety and health risks because they can both become aggressive and transmit various diseases to humans. Capuchin monkeys, for example, can turn on humans when they reach sexual maturity and cause serious injuries. In fact, one capuchin monkey bit one of his keeper's fingers off, and another bit the thumb of a woman in Georgia, who had to receive care from a hand specialist for her injuries. Please protect the safety of Milton residents by recommending the denial of Riopelle's application. It is very important for the safety of the animals and the people that this person is NOT allowed to keep exotic pets. They are not ours to keep for entertainment and many tragic accidents have occurred when people try to make them pets. Please STOP this. Sincerely, Odette Paschal 404-637-7120 1 Robyn Macdonald From: richard oliver [richard.ricoli@gmail .corn] Sent: Friday, February 22, 2013 9:49 PM To: Robyn Macdonald Subject: roadside zoo Please consider the well being the animals which would be put on display and help in deny Mr Riopelle a license to open a rokadside zoo. Best regards, Richard Oliver 349 Washington Rd. East Point, Ga Robyn Macdonald �. _ From: Tamra Thurby [tamrathurby@hotmail.comj Sent: Friday, February 22, 2013 9:55 PM To: Robyn Macdonald Subject: Riopelle permit To All That May Concern: I am writing to encourage the city of Milton Planning Commission to deny Mr. Dean Riopelle the animal permit that he has requested. This permit denial would be in the best interest in the welfare of all animals in Mr. Riopelle's keep. These animals are wild, not domestic, and would benefit from either being returned to their natural habitats, or surrendered to a sanctuary that offers adequate climate, space, medical care, and staffing. Mr. Riopelle can not offer these things, and these animals will surely suffer. The animals that Mr. Riopelle wishes to exploit for profit are highly intelligent creatures that require so much more than he can provide. Forcing these animals to live in inadequate enclosures their entire lives, for the sake of business, is no life at all for these animals. The city of Milton has no need for such a business, and it would certainly drag down Milton's good reputation to allow this to proceed. Please deny Mr. Riopelle's permit on February 26. Thank you for your time, Tamra Thurby City of Johns Creek resident Robyn Macdonald From: Kath Quinn tquinn330@charter net] Sent: Friday, February 22, 2013 10;35 PM To: Robyn Macdonald Subject: We don't need more wild animals Dear Commission Members, I strongly urge you to recommend that Dean Riopelle's application for a permit to keep exotic animals on his property be denied. Not only does Milton house dangerous animals on his property now, he also apparently plans to acquire even more, in complete disregard of public safety. Primates—such as those residing on Riopelle's property in Milton—present serious public safety and health risks because they can both become aggressive and transmit various diseases to humans. Capuchin monkeys, for example, can turn on humans when they reach sexual maturity and cause serious injuries. In fact, one capuchin monkey bit one of his keeper's fingers off, and another bit the thumb of a woman in Georgia, who had to receive care from a hand specialist for her injuries. Please protect the safety of Milton residents by recommending the denial of Riopelle's application. Sincerely, Kath Quinn Kath Quinn 330 Spring Lake Terrace Roswell, GA 30076 o u in n330(6charter. net Hame; 6/8-352.0'=26 Cell: 404-2.19-4447 Robyn Macdonald From: Pauline Macmullan [paulinemacmullan@gmail.com] Sent: Saturday, February 23, 2013 12:28 AM To: Robyn Macdonald Subject: captured monkeys dear/madam i am writing to you as an animal lover who hates the exploitation of all animals i know you will agree with me that animals are much happier in their natural habitat, do they need to be in a zoo, will they be looked after properly.....i think not ,,,,can you please deny this application regards to you .....paulinemacmullan,c gmail.com Robyn Macdonald From: jana kaplan [kaplanjana@gmail.com] Sent: Saturday, February 23, 2413 8:25 AM To: Robyn Macdonald Subject: Riopelle permit Dear Commission Members, I strongly urge you to recommend that Dean Riopelle's application for a permit to keep exotic animals on his property be denied. Not only does Milton house dangerous animals on his property now, he also apparently plans to acquire even more, in complete disregard of public safety. Primates—such as those residing on Riopelle's property in Milton—present serious public safety and health risks because they can both become aggressive and transmit various diseases to humans. Capuchin monkeys, for example, can turn on humans when they reach sexual maturity and cause serious injuries. In fact, one capuchin monkey bit one of his keeper's fingers off, and another bit the thumb of a woman in Georgia, who had to receive care from a hand specialist for her injuries. Please protect the safety of Milton residents by recommending the denial of Riopelle's application Sincerely, Jana Kaplan ORDINANCE NO._______ PETITION NO. U12-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR EXOTIC AND WILD ANIMALS TO OPERATE A PRIMATE AND EXOTIC ANIMAL PRESERVE WITH CONDITIONS (SEC. 64-1838) LOCATED AT 14325 HOPEWELL ROAD AND CONTAINING 20.7432 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14325 Hopewell Road, consisting of a total of approximately 20.7432 acres as described in the attached meets and bounds survey, a Use Permit for Exotic and Wild Animals to operate a Primate and Exotic Animal Preserve with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 747, 748, 765 the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec. 64-1838 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of March, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Exotic or Wild Animals (Sec. 64-1838) 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) Restrict the use of the subject property to allow the keeping, rehabilitation, breeding, or maintaining exotic or wild animals as depicted on Sheet 1 of 3 of the revised site plan received by the Community Development Department on January 4, 2013 depicting the existing conditions of the site, five existing animal enclosures, and two existing barns related to the use on the subject site. b) The following species shall not be permitted on the site either temporarily or permanently: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories: (a) 1 Primates (no large primates) (b) 2 Felidae (lions, tigers, bobcats, l ynx, cougars, leopards jaguars but not domesticated felidae) (c) 3 Canidae (wolves, coyotes, foxes, jackals but not domesticated canidae) (d) 4 Ursidae (all bears) (e) 5 Reptilia (all venomous snakes, all constricting snakes) (f) 6 Crocodilia (alligators, crocodiles) (g) 7 Proboscidae (elephants) (h) 8 Hyanenidae (hyanas) (i) 9 Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats) (j) 10 Procyonidae (raccoons, coatis) (k) 12 Perissodactylea (rhinoceroses, tapirs) (l) 13 Edentara (anteaters, sloths, armadillos) (m)14 Viverridae (mongooses, civets, and genets) c) The following species and number shall be permitted on the site: 9 ring tailed lemurs, 5 White Headed capuchins, 3 Red ruffed lemurs, 4 albino wallabies, 3 Brazilian tufted capuchins, 1 Cinnamon capuchin, 2 spot-nosed guenons, 2 DeBrazza’s monkeys, 2 spider moneys, 2 Erasian eagle owls. 2) To the owner’s agreement to abide by the following: a) To the revised site plan, Sheet 1 of 3, existing conditions received by the City of Milton Community Development Department on January 4, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) At which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the Director of Community Development. 3) To the owner’s agreement to the following site development considerations: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. If traffic on existing driveway exceeds 29 daily trips, driveway shall be modified to meet standards in the City of Milton Code of Ordinances. ii. Driveway shall be modified to provide for a minimum width for two way traffic. b) To provide a 10 landscape strip along Hopewell Road planted to buffer standards. REVISED SITE PLAN SUBMITTED JANUARY 4, 2013 (Sheet 1 of 3) (Boundary and Existing Conditions) ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a USE PERMIT for Exotic or Wild Animals (Sec. 64-1838) 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) Restrict the use of the subject property to allow the exhibition, display, keeping, rehabilitation, breeding, or maintaining exotic or wild animals as depicted on Sheet 2 of 3 of the revised site plan received by the Community Development Department on January 4, 2013 which includes five existing animal enclosures and twenty proposed animal enclosures and 2 existing barns structures related to the use on the subject site. b) The following species shall not be permitted on the site either temporarily or permanently: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories: (a)1 Primates (no large primates) (b) 2 Felidae (lions, tigers, bobcats, lynx, cougars, leopards jaguars but not domesticated felidae) (c) 4 Ursidae (all bears) (d) 5 Reptilia (all venomous snakes, all constricting snakes) (e) 6 Crocodilia (alligators, crocodiles) (f) 7 Proboscidae (elephants) (g) 9 Artiodatyla (hippopotamuses, giraffes, camels, not excluding camels, cattle or swine or sheep or goats) (h) 12 Perissodactylea (rhinoceroses, tapirs) c) The following species and number shall be permitted on the site: i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1 and being categories: (a) 1 (monkeys, chimpanzees, baboons) Each primate specie – 15 each specie (no large primates) (b) 3 (wolves, coyotes, foxes, jackals) – 5 total (c) 8 (hyenas) – 2 total (d) 9 (camels) – 3 total (e) 10 (raccoons, coatis) – 10 total (f) 11 (kangaroos, opossum) – 10 total (g) 13 (anteaters, sloths, armadillos) – 4 total (h) 14 (mongooses, civets, and genets) – 4 total 2) To the owner’s agreement to abide by the following: a) To the revised site plan, Sheet 2 of 3, received by the City of Milton Community Development Department on January 4, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) At which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the Director of Community Development. 3) To the owner’s agreement to the following site development considerations: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. If traffic on existing driveway exceeds 29 daily trips, driveway shall be modified to meet standards in the City of Milton Code of Ordinances. ii. Driveway shall be modified to provide for a minimum width for two way traffic. b) To provide a 10 landscape strip along Hopewell Road planted to buffer standards. REVISED SITE PLAN SUBMITTED JANUARY 4, 2013 (Sheet 2 of 3) (Topography with Proposed Improvements) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 1 of 18 RZ12-17/U12-02/VC12-08 PETITION NUMBER(S): RZ12-17/U12-02/VC12-08 PROPERTY INFORMATION ADDRESS Bethany Bend DISTRICT, LAND LOT 2/2, 832 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 4.3577 EXISTING USE Undeveloped PROPOSED USE 17 single family residences OWNER Cogburn and Bethany LLC ADDRESS 15860 Meadow King Court Milton, Georgia 30004 PETITIONER Arrowhead Real Estate Partners, LLC – Curtis Hicks REPRESENTATIVE Nathan V. Hendricks COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 26, 2013 RZ12-17 – WITHDRAWAL U12-02 - WITHDRAWAL VC12-08 – PARTS 1 THROUGH 4 - WITHDRAWAL INTENT To rezone from AG-1 (Agricultural) to TR (Townhouse Residential) to develop 17 single family detached residences on approximately 4.3577acres. A 4 part concurrent variance, 1) To increase the height from two stories to three stories. 2) To reduce front periphery setback from 40 feet to 20 feet along Bethany Bend adjacent to the single family lots (Sec 64-669 (h)(1)). 3) To reduce the minimum side yard setback for single family lots from 7 feet to 5 feet (Sec 64-669(i)(2)(a)). 4) To reduce the minimum rear setback for the single family lots from 25 feet to 20 feet (Sec 64-669(i)(3)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 2 of 18 RZ12-17/U12-02/VC12-08 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 3 of 18 RZ12-17/U12-02/VC12-08 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 4 of 18 RZ12-17/U12-02/VC12-08 SITE PLAN SUBMITTED NOVEMBER 6, 2012 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 5 of 18 RZ12-17/U12-02/VC12-08 REVISED SITE PLAN SUBMITTED FEBRUARY 11, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 6 of 18 RZ12-17/U12-02/VC12-08 LOOKING AT SUBJECT SITE FROM THE SOUTH LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 7 of 18 RZ12-17/U12-02/VC12-08 SUBJECT SITE: The subject site is a 4.3577 acre tract of agriculturally zoned land, located on the northeast side of the intersection of Coburn and Bethany Bend Roads. The subject site is undeveloped and is located within the Agricultural, Equestrian and Estate Residential designation on the 2030 Comprehensive Land Use Plan. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 Agricultural Oakstone Glen S/D and Scattered homes Min. 1 unit/acre Northeast 2 Z00-052 C-1 Conditional Kids “R” Kids Learning Center 4,771.25 square feet/acre Total of 14,600 total square feet with 240 students Northeast 3 AG-1 (Agricultural) Undeveloped and Single Family Residence Min. 1 unit/acre East 4 Z04-022 C-1 (Community Business) Retail Shopping Center 7,314.03 square feet/acre Southeast 5 Z99-77 C-1 (Community Business) Retail Shopping Center (Publix) 7,846.04 square feet/acre South 6 Z05-115 CUP (Community Unit Plan) Cambridge High School 2.98 units/acre Southwest (City of Alpharetta) 7 U05-002 AG-1 (Agricultural) Kings Ridge Christian School 4,872.13 square feet per acre Total of 341,000 square feet West 8 AG-1 (Agricultural) Scattered residential Min. 1 unit/acre Northwest 9 Z72-194 R-2A (Residential) Bethany Green Subdivision None given Further Northwest 10 AG-1 (Agricultural) Devonshire Farms Subdivision Min. 1 unit/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 8 of 18 RZ12-17/U12-02/VC12-08 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 9 of 18 RZ12-17/U12-02/VC12-08 Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A through E, below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 16 lot single family residential subdivision developed at a density of 3.67 units per acre is inconsistent with the existing single family residential development to the north, west and northwest of the subject site. Staff notes that to the south and southwest are Cambridge High School and Kings Ridge Christian School respectively, which are more intensive uses than the proposed 16 lot single family residences. It is Staff’s opinion based on the current 2030 Future Land Use Plan Map that the proposed use is unsuitable with adjacent uses to the north, west, and northwest of the subject site. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may adversely affect existing use or usability of the adjacent properties as described above. The proposed development does not provide a transition between the existing densities and uses to the north and northwest, but may provide transition to the uses to the south and southwest. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. The applicant will be required to provide the transportation improvements listed in the recommended conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 10 of 18 RZ12-17/U12-02/VC12-08 E. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 Future Land Use Map: Agricultural, Equestrian, Estate Residential (AEE) Proposed use/density: Single Family Residential at 3.67 units per acre The 2030 Future Land Use Map suggests AEE for the subject site and the properties to the east and to the north which is inconsistent with the proposed development. Staff notes that the 2030 Land Use Plan suggested that this area be more thoroughly evaluated the future. Currently, Staff has initiated the Hwy 9 North Study to evaluate areas not included in the recently adopted Deerfield/Hwy 9 LCI Plan. The subject site is within the study boundary of the Hwy 9 North Study. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with adjacent and nearby zonings to the north and east and is inconsistent with the Future Land Use Plan which shows the subject site should be AEE. Since the adoption of the 2030 Comprehensive Plan, Cambridge High School has been built on property that was zoned for single family residential. In addition, the eastern portion of the subject site lies within the “Priority Master Planning Area” of Hwy 9. In the 2030 Comprehensive Plan, it states the following: “Though the area is subject to a zoning overlay district that includes aesthetic controls and design review requirements, the community has expressed the desire to develop a full Master Plan and Market Study for the area similar to those for Crabapple Crossroads and Birmingham Crossroads. The Master Plan should ensure that the area remains economically viable, avoids unattractive strip development and recruits businesses and services that will benefit the city of Milton while being sensitive to the many residents that live in the area….During the Master Planning process, the area will be thoroughly studied to determine the appropriate land uses and suggest any amendments to the comprehensive future land use map in this document.” The subject site has been included in the Hwy 9 North Study, which is currently underway to further determine the appropriate use. Based on the fact that the current Future Land Use Plan recommends AEE, it is grounds to recommend disapproval for the proposed TR (Townhouse Residential) zoning developed with single family residential units. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 11 of 18 RZ12-17/U12-02/VC12-08 G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. SITE PLAN ANALYSIS This proposed rezoning previously had been a part of a larger development that included a 95 unit assisted living facility. After further evaluation, it was determined that the TR (Townhouse Residential) district was not appropriate. The subject application currently only includes 16 units of single family residential and therefore no longer requires the Use Permit for an assisted living facility. In addition, the concurrent variance requesting to increase the height of the assisted living facility from two stories to three stories is no longer needed. Therefore, the applicant requests the withdrawal of U12-02 and Part 1 of VC12- 01. Staff also recommends WITHDRAWAL of U12-02 and Part 1 of VC12-01. Based on the applicant’s revised site plan submitted to the Community Development Department on February 11, 2013, Staff offers the following considerations: Below are the development regulations required for detached, single family residences located within the TR (Townhouse Residential) district (Sec 64-669) Standard Proposed Standard Consistent or Inconsistent Height – 40 feet None Stated, but must meet the minimum standard Consistent Min. Lot size per unit – 2,000 sq. ft. 2,000 square feet Consistent Max. Density – 9 u/a 3.67 units per acre Consistent Min. Lot width – 20 feet 50 feet Consistent Min. TR Development Width – 35 feet 700 feet along Bethany Bend Consistent Min. lot frontage – 20 feet 50 feet Consistent Min. heated floor area – 1,100 sq.ft. None given Applicant must provide min. heated floor area but if approved Staff has required 2,500 square feet. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 12 of 18 RZ12-17/U12-02/VC12-08 Min. development setback: Front – 40 feet 20 feet along Bethany Bend Inconsistent - Applicant requests a concurrent variance, VC12-08, Part 2 Min. development setback: Side – 30 feet 30 feet along east property line Consistent Min. development setback: Rear – 35 feet 75 feet along the north property line Consistent Min. lot setback: Front – 20 feet Lots except #14, 15, 16 meet the minimum Inconsistent - Staff notes there is additional area to comply with this requirement Min. Lot setback: Side – 7 feet with total 14 foot separation 5 feet with total of 10 foot separation Inconsistent - Applicant requests a concurrent variance, VC12-08, Part 3 Min. lot setback: Rear – 25 feet 20 feet Inconsistent - Applicant requests a concurrent variance, VC12-08, Part 4 Max. lot coverage for entire development (bldg. footprint and parking)– 50% It appears to meet the 50% lot coverage Consistent Single family residential developments are not under the purview of the SR 9 Overlay District. Staff notes that a 75 foot setback with a portion of that setback is proposed to be planted with vegetation. This is not a requirement of the Zoning Ordinance. A detention facility is provided along the north property line which is permitted in this location. Concurrent Variances As mentioned above, Part 1 of VC12-08 will be withdrawn which is no longer needed. Therefore, Staff recommends WITHDRAWAL of Part 1, VC12-08. Part 2 of VC12-08 - To reduce front periphery setback from 40 feet to 20 feet along Bethany Bend adjacent to the single family lots (Sec 64 -669 (h)(1)). Part 3 of VC12-08 - To reduce the minimum side yard setback for single family lots from 7 feet to 5 feet (Sec 64-669(i)(2)(a)). Part 4 of VC12-08 - To reduce the minimum rear setback for the single family lots from 25 feet to 20 feet (Sec 64-669(i)(3)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 13 of 18 RZ12-17/U12-02/VC12-08 Based on Staff’s recommendation of denial of proposed residential subdivision, Staff recommends DENIAL of VC12-08, Parts 2 through 4. FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 14 of 18 RZ12-17/U12-02/VC12-08 FISCAL IMPACT OF PROJECT PUBLIC INVOLVEMENT On November 28, 2012 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 15 of 18 RZ12-17/U12-02/VC12-08 twenty people in attendance from the community. Common concerns of the proposed development dealt with issues associated with traffic, drainage, buffers, and scheduling of services. The community and the applicant have had continuous discussions since the Community Zoning Information Meeting regarding the development. City of Milton Design Review Board Meeting – December 4, 2012 The following comment was made by the DRB: They stated that the architecture was sufficient. 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 days prior to the Mayor and City Council meeting. CONCLUSION Based on the applicant’s request to withdraw the petition, Staff recommends WITHDRAWAL of RZ12-17, U12-02, and VC12-08, Parts 1-4. Staff has included a set of Recommended Conditions if the Mayor and City Council so choose to approve RZ12-17 and VC12-08, Parts 2-4. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 16 of 18 RZ12-17/U12-02/VC12-08 RECOMMENDED CONDITIONS CONDITIONS OF APPROVAL RZ12-17/VC12-08 If this petition is approved by the Mayor and City Council, the rezoning of property located on the north side of Bethany Bend with a frontage of approximately 700 feet it should be approved for TR (Townhouse Residential) 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) Single family detached dwellings and accessory uses and structures. b) No more than 16 total dwelling units at a maximum density of 3.67 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 11, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size – 2,000 square feet b) Minimum lot width (at building line) – 50 feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 17 of 18 RZ12-17/U12-02/VC12-08 c) Minimum heated floor area per unit – 2,500 square feet d) Front yard setback – 10 feet g) Side yard setback – 5 feet (VC12-08, Part 3) h) Side yard setback adjacent to a street – 15 feet i) Rear yard- 20 feet (VC12-08, Part 4) j) Front periphery setback along Bethany Bend - 20 feet (VC12-08, Part 2) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at new access drive 2) East Bound Left Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. Reservation shall begin at a point 25 feet north of the sou th east property corner and continue west parallel to the north property line extending to the intersection with the north right of way line on Bethany Bend. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 2/27/2013 Page 18 of 18 RZ12-17/U12-02/VC12-08 the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Departmen t. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Robyn Macdonald From: Bishop [bish1103@comcast.net] Sent: Monday, December 03, 2412 9:07 AM To: Robyn Macdonald Subject: Oppose RZ12-711-112-021VC12-08 Robyn, I am a homeowner in the Oakstone Glen subdivision. I attended the November 28,2012 Community Zoning Information Meeting regarding the applicant Arrowhead Real Estate Partners. After reviewing the proposed development of the nine acres that front our neighborhood and the requested variances I am totally against this request. The development is not in keeping with the surrounding area and the requested density requiring sewage is not something I want in my community. Please know I oppose this request for rezone and all variance changes. Thank you, Eric and Lisa Bishop 500 Oakstone Glen Milton, GA 30003 770-521-1742 Robyn Macdonald From: Kathleen Field Sent: Wednesday, December 05, 2012 8:39 AM To: Robyn Macdonald Subject: Fw: Proposed AG -1 to TR Rezoning Cogburn And Betheny Bend FYI From: Roger Kubler - 4PS1AS [mailto:roger.kublerOgsa.gov] Sent: Tuesday, November 27, 2012 08:32 AM To: Kathleen Field Subject: Proposed AG -1 to TR Rezoning Cogburn And Betheny Bend Dear Ms Field Since I have commitments every Wednesday evening I am writing as a resident to express my deep concern relative to the proposed rezoning of nine acres bordered by Betheny Bend and Cogburn for the construction of seventeen homes and an assisted living facility. The proposal is in direct conflict with my understanding of the general approach to developing Milton as a low density community. Specifically we have two large schools in that area which have not yet reached full enrollment with the Christian Academy constructing their high school and traffic is already a burden. An assisted living facility will generate both visitor and commercial traffic compounded by a proposed exit on Cogburn very close to a lighted intersection. A setback reduction to twenty feet, building separation of five feet (fire control risk) and a proposed three story facility fly in the face of a community concept which I thought focused on quality of life. We already have two senior facilities under construction in the general area and the Alpharetta/Milton area is awash in vacant/repossessed townhornes. I hope developer profit will not triumph over a professional Milton development plan. Roger Kubler 404-394-7510 December 17, 2012 Memo to: Planning Commission, Mayor and Council This correspondence relates RZ12-17/U12-08/ Bethany Bend and Cogburn Road. My husband and I are citizens of the city of Milton and reside at 2500 Bethany Church Road on a ten acre parcel where we have a horse farm. When we purchased our parcel, we carefully investigated the definition of AG -1 and deemed it our responsibility to understand what the land could be sold as in the future. We purchased our parcel with the knowledge that our ground could only be sold as a farm or one home per acre as described in the AG -1 zoning description. This due diligence is part of any land acquisition and befalls the purchaser. The parcel of land identified in this rezoning notice is identified in the City of Milton Comprehensive Land Use Plan as AG -1. For this reason, I request that our city leadership adhere to this plan as you refer to the Land Use Plan. Many of you tirelessly gave your time, 18 months worth to develop this land map as to how we should develop our unique city. This is now the time to put into action the process for which we all have planned for. Additionally, this parcel does not fall under our sewerable land parcels. Our Sewer map was another painstaking process that warrants your compliance when considering this rezoning. Finally, we have had the opportunity to visit many of the communities in the Northeast and in the heart of horse country, for example Tryon, N.C. These communities strictly adhere to their policies for land development and it shows. They have become unique communities that attract the most desirable residents and business ventures. Milton can be the same way, we just need to adhere to the carefully thought out plans that we have all worked so hard to put into place. I respectfully request that you hold firm on our Land Use and Sewer plans and deny this rezoning. There 15 a desire for one acre lots for homes located across from premier high schools in North Fulton. This is evidenced by the Six Hills neighborhood across from Milton High School. Sincerely, Rob and Laura Bentley Robyn Macdonald From: David Weaver [dwedweaver@corncast.net' Sent: Wednesday, February 20, 2D13 7:03 APV[ To: Chris Lagerbloorn Cc: Robyn Macdonald Subject: RE: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Thanks Chris. I am not against the site being developed, but the impact nn traffic has to be a key corisideration_ Already, the intersection of Cogbunt ind FraI:66 roads J10 the nor lh) can back-up ail the way to Coglaum and Bethany (Springtime especially) in the late afternoon. This side of highway 9 is not suitable for high density development. The roads are inadequate and are not going to become any larger in the near future. Milton touts quality of life for its residents. As an original reside rit, I expect our elected officials to ma intain the city's pledge. Thank You, David Weaver David W. Weaver 770 377.4754 From: Chris Lagerbloom [=Rt_o.Chris.Lagerbloom(acityofmiltonaa us] Sent: Tuesday, February 19, 2013 10:43 PM To: David Weaver Cc: Robyn Macdonald Subject: Re: Petition - Stop Proposed Bethany/Cogburn 9 acre Development David, Thank you for the email. More importantly, thank you for beings involved in Milton. Your comments have been captured and will become a part of our staff report as the Mayor and Council consider this zoning application. I've also copied our principal planner who is formulating our staff opinion. Please let me know if you have any questions... Chris Sent from nay iPad On Feb 19, 2013, at 7:59 PM, "David Weaver" <dwed vveayert comrast_nct> wrote: All, I hope that this high density project variance is not approved at this time. OUr roads simply cannot handle another significant generator of traffic. the enhancement of the Cogburn and Bethany roads intersection has worked well to date. Adding another significant traffic generator can only threaten this_ Thank you each for your service. David Weaver 200 Bayfield Court The Hermitage David W. Weaver 770.377.4754 ........ _.....�. . ....... ... . I ... ....... _ ..... .1............... .................... ... ...... ................ ...... ......... ..................... ................ From: ebor..ka)comcast.net (mailto:ebork@co cast. net) Sent: Tuesday, February 1.9, 2013 12:42 PM To: Tara chambers Subject: Fwd: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Can you please forward to ur neighborhood? From: "Nikki Haslett" <nikkihaslett(cDmsn.com> To: "Nikki" <nikkihasiett(&msn.com> Seat: Tuesday, February 19, 2913 11:55:49 AM Subject: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Hi Neighbors and fellow Milton Residents, Please find below a link to a petition opposing a development on the corner of Bethany and Cogburn Roads which we believe will cause cause further traffic aggravations and negatively impact the quality of life of residents and the character and heritage of our central Milton Community. The petition opposes : 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AG'I to 01 (Office Institutional) and TR (Townhouse Residential) respectively. Please be advised that this goes entirety against the Non Sewer Stipulations, Comprehensive Land Use Plan and Density for this property 2) The City of Milton's pians to include and incorporate the above property as a test lot within their new initiative to re -zone highway. htti)://www.Qt petition.cam/petitions/sto:-_roposed_bethany_cogb rn-assisted-living-and- townh. htrr! Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specificalty within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to five in Milton!il Could l ask that you phase take a few minutes to react the brief details of the petition and, if able and willing, sign and share with other concerned Citizens. Thank you Robzn Macdonald From: Chris L.agerbioorn Sent: Wednesday, February 20, 2413 10:01 AM To: BettyAKinney@aol.com Cc: Robyn Macdonald Subject: RE= against high density living Good morning Betty, Thank you for reaching out to me and for your partici pa ting in this particular request far a zoning change. As your City Mdrrdger, I don't vote on these particular items, however we have a staff which generates a staff recommendation for the Mayor and Council to consider. will ask our planning staff to include your comments in any future staff report published for Council review, Please let me know if you have any questions, Chris .. ,: F us f rKx��� cs r Christopher J Lagarbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 678-242-2488 (0) 1678-242-2499 (F) www nit ofmilton 10 YOU Want to stay on top of what's going on in the City? Sign up tar our e -Newsletter? Have a problem, question, comment, complaint or compliment? We avant to hear about if! For prompt assistance. call 678.242,2500 or e-mail tis at infoQcityofrniltonga.us. Our Core Values Innovation I Quality j integrity j Transparency I Respect f Fiscal Responsibility j Professional Development From:Se yAKinr evC aral.mm [rnailto-BeMi innev_ d aol.r m] Sent; Wednesday, February 20, 2013 9.38 AM To; Chris t..agerbloorn Subject: against: high density living Hi Chris We moved to Milton from Cumming forthe 1 arse home and rural, green feeling of Milian. PleasQ dry not allow this high density project to be built especially next to a new Cambridge High(nct a full capacity) and an under construction large King's midge High,. Please find below a link to a petition opposing a development on the corner of Bethany and Cagburn Roads which we believe will cause further traffic aggravations and negatively impact the quality of life of residents and the character and heritage of our central Milton Community - The petition opposes 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AG1 to OI (Office Institutional) and TIS (Townhouse Residential) respectively. Please be advised that this goes entirely against the Non Sewer Stipulations, Comprehensive Land Use Plan and Density for this property 2} The City of Milton's plans to include and incorporate the above property as a test lot within their new initiative to re -zone highway. http:i/www.gopetition.com/petitions/sto-p -proposed-bethany-cogbui-n-assisted-living-and-townh.htmI Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Ilan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to live in Milton?lI Betty Kinney The Hermitage Milton, GA Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, February 20. 2013 10:46 AM To: Chambers,Tare M Cc; Robyn Macdonald Subject: RE: Rezoning at the corner of Bethany Bend and Cogburn roads Good morning Tara, Thank you for reaching out to me and for your participating in this particular request for a zoning change. Your comments have been noted and will become a part of our staff report which will be provided to the Mayor and Council as they deliberate to a conclusion. Please let ine know if you have any questions, Chris A I LTC-, . Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 678-242-2488 {Cr} 1678-242-2499 (F) =<v+yA._( ofmiItonga.us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, q"sfion, comment, complaint or compliment? We want to hearabout it' FDr prompt assistance. call 678242.2506 or e-mail us at infaCCD_cityofM1ltonga.us Our Core Values Innovation j Quality i Integrity f Transparency j Respect j Fiscal Responsibility j Professional Development From: Chambers,Tara M f maiito:TMCHAMBEaa travelers.comI Sent: Wednesday, February 20, 2013 9.45 AM To: Bill Lusk; Burt Hewitt; Joe Lockwood; Joe Longoria; Karen Thurman; Lance Large; Matt Kunz; Chris Lagerbioom Cc: Tara Chambers' Subject: Rezoning at the corner of Bethany Bend and Cogburn roads Dear City Council, Mr. Mayor and City Manager, Please note my strong opposition to the rezoning request from Arrowhead Real Estate Partners LLC for the property at the corner sof Bethany Bend and Highway 9. This request to allow a high density, 2 -story, 95 -unit Assisted Living and 17 townhome development on that parcel of land does is just plain irresponsible in my opinion. Not only does it go against the sewer requirements and the 2030 CLUP that was adopted in 2011, but it shows zero planning for the future. That corner has a brand new H.S. that is no where near capacity and another HS currently under construction (KRCS). This has been designated as a "transitional" area within the Highway 9 corridor and nothing about putting a high density housing development there is "transitional". This specific area already cannot handle the traffic flow (highway 9 & Bethany Bend) and there is nothing we can do about it because Highway 9 is a state road. Why in the world would you ever consider high density for the proposed lot when traffic flow in this im mediate area is already an issue and it is only going to get worse as the schools grow? Please, think about this and what it will do to the area. We are trying to avoid future grid lock, not add to it. This is not what the residents want and goes against all plans for the proposed area. There is a reason the CLUP did not designate that for high density and please hold firm to that original agreement. Sincerely, Tara Chambers "Cara Chambers Account Underwriter Travelers Private &lion Profit Liability Bond & Financial Products 1000 Windward Concourse, Suite 100 Alpharetta, CSA 30005 678.33.7.7091 1 Fax 855.847.7911 t mch a m be (&Travelers .co m this communication, including attachments, is confidential, may be sut ject to legal privileges_ and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. Robyn Macdonald From: Chris Lagerbioom Sent: Tuesday, February 19, 2013 113:32 PM To: Tire Cummings Cc: Robyn Macdonald Subject: Re: Land Use Zoning - Housing Construction at Cogburn and Bethany Bead Pecky, 7.hank you for the email. More importantly, thank you for being involved in Milton. Your comments have been captu-red and will become a part of our staff report as the Mayor and Council consider this zoning application. Please let me know if you ha vv any questions... Chris Seat from my iPad On'Feb 19, 2013, at 7:03 PM, "Tian Cummings" < irnbcck cuinmings,c s omcastmet> wrote: There is a proposed housing construction to be located at the corner of Bethany Bend and Cogburn Road, across the street from Cambridge his_ In my opinion, this intersection cannot handle having a high density community located there. Current Land Use Zoning does not permit this type of housing at that location. As a resident of The Hermitage subdivision, 1 wanted to make you aware of this, and to inform you that 1 do not agree to this construction. Please vote in the best interest of the residents to deny this zoning variance. Cambridge High School and King's Ridge are nowhere near capacity now and it would be incredibly short sighted to allow this housing to be built there. Please be aware that there are Fl1fE schools located within a ITTile of oiie another frorn corner of Webb Road and Cogburn Road to Bethany Bend- Cambridge High School, King's Ridge, St. Francis, Hopewell Middle School, and Cogburn Elementary School. Adding a new housing area would be detrimental for the traffic, and for the residents located in the middle of these schools, which is where The Hermitage is located. Thank you for your attention in this matter, Becky Cummings 485 The Hermitage Drive Milton, GA 30004 Robyn Macdonald From: Chris Lagerbioorn Sent: Tuesday, February 19, 2013 10:37 PM To: Robyn Cavins Cc: Robyn Macdonald Subject.: Re: Good evening Robyn, Thank you for the email. More importantly, thank you for being involved in Milton. Your comments bav'e been captured and will become a part of our staff report as the Mayor and Council consider this zoning applWaLion. As your City Mi wiager, I dont actually vote on this iteral. I manage a staff who will ultimately in ake a recommendation based upon their professional opinion. Your comments are accepted id Nvi.11 become a part of it. I appreciate you taking the time to send your thoughts our way. Please let me know if you have any questions... Chris Sent froin my iPad On .Feb 19, 201.3, at 7:39 PM, 'Robyn Cavins" crobyn.leannee�ri)rn,,Lc.com> wrote - Mr. 1_agerbloorn: I am a resident of Milton and live in The Hermitage. l understand rezoning of the corner of Bethany Bend and Cogburn Road is being considered to allow a 95 unit Assisted Living Facility and a 17 unit Townhouse complex to be built on this 9 acre property. l urge you to vote against this zoning change. Such a development goes entirely against the non -Sewer Stipulations, Comprehensive Land Use Plan, and Density for this property. The citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to live in Miltonill I request that you consider the previously established agreements and the position of the residents that live within walking distance of this area above those of the developers. Regards, Robyn Cavins Robyn Macdonald From: Chris Lagerbloom Sent: Tuesday, February 19, 2013 10,43 PM To: David Weaver Cc, Robyn Macdonald Subject: Re: Petition - Stop Proposed Bethany/Coghurn 9 acre Development David, Thank you for the email. More importantly. thank you for beim involved in Milton. Your comments have been captured and will become a pari of our staff report us [he Mayor and Council consider this zoning application. I've also copied our principal planner who is formulating our staff opinion. Please let one knokv if you have any questions... Chris Sent :from my Wad 4n Feb 19, 2013, at 7:59 PM, "Daviel Weaver" <dwedweaver{aJcomcasl.net> wrote: I hope that this high density project variance is not approved at this time_ our roads simply Cannot handle another significant generator of traffic. The enhancement of the Cogburn and Bethany roads intersection has worked well to date. Adding another significant traffic generator can only threaten this. Thank you each for your service. David Weaver 2W Bayfield court The Hermitage David W, Weaver 77(}.37°7.4754 From: ebork0coMCa5t,ret [mailto:ebc-rkk- conicast.rtet] Sent: Tuesday, February 19, 2013 12:42 PM To: Tara chambers Subject: Fwd: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Can you please forward to LIF neighborhood? From: "Nikki Haslett" <nikkihaslettComsn.com> To: "Nikki" <njkkihaslett0msn.com Sent: Tuesday, February 19, 2013 11:55:49 AM Subject: Petition - Step Proposed Bethany/Cogburn 9 acre Development Hi Neighbors and fellow Milton Residents, Please find below a link to a petition opposing a development on the corner of Bethany and Cogburn Roads which we believe will cause cause further traffic aggravations and negatively impact the duality of life of residents and the character and heritage of our central Milton Community. The petition opposes 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AGI to 01 (Office Institutional) and TR (Townhouse Residential) respectively. Please be advised that this goes entirely against the Non Sewer Stipulations, Comprehensive Land Use Plan} and Density for this property 2) The City of Milton's plans to include and incorporate the above property as a test lot within their new initiative to re -zone highway. htt ://www. o etition.coml etitions/sto - ro osed-bethan -co burn-assisted-livin -and- tovvnh.html Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chase to live in Miltonil? Could I ask that you please take a few minutes to read the brief details of the petition and, if able and willing, sign and share with other concerned citizens. Thank you Robyn Macdonald From: Nikki Haslett [nikkihaslett@msn.comj Sent: Wednesday, December 19, 2D12 10:14 AM To: Robyn Macdonald Cc: Milton—Moore—Paul; Raosdale, George T. Subject: 9 Acre Bethany BendtCogburn Road Proposal Good day Robin, George, Paul and members of the Planning Commission, I and my neighbors in the Dakstone Glen Subdivision are vehemently opposed to the Rezoning request and development being proposed for the 9 acre property (cornea of Bethany & Cogburn (toads) and directly adjacent to our properties. Suffice to say that this non transitional immensely high density housing and part commercial 3 Story Assisted Living Facility is a totally inappropriate use of this property alongside our I acre homes. Rezoning, Density, Traffic, Intersection, Inappropriate use, Non transitional, requested variances and many other issues aside for the moment. The simple fact and reality is that this proposal goes completely against the Comprehensive Land Use Plan and Non Sewer Requirements that were recommended, accepted and implemented for this property - and this after nearly 2 years of excessive volunteer hours, effort and commitment. I For one would like to see what was agreed upon in terms of the Land Use Plan being enforced. Whilst I understand that this application is likely to be deferred until late January I would ask that our opposition be read into and included in the Planning Commission Minutes this evening of December 19th. Thank you Nikki Haslett 330 Stone Hill Point Milton, 30004 ORDINANCE NO._______ PETITION NO. RZ12-17/VC12-08 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO TR (TOWNHOUSE RESIDENTIAL) TO DEVELOP A 16 UNIT SINGLE FAMILY SUBDIVISION LOCATED ON THE NORTH SIDE OF BETHANY BEND CONTAINING 4.3577 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on the north side of Bethany Bend, consisting of a total of approximately 4.3577 acres as described in the attached legal description, be rezoned to the TR (Townhouse Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 13 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of March, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, City Clerk (Seal) No Text RECOMMENDED CONDITIONS CONDITIONS OF APPROVAL RZ12-17/VC12-08 If this petition is approved by the Mayor and City Council, the rezoning of property located on the north side of Bethany Bend with a frontage of approximately 700 feet it should be approved for TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings con tained 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) Single family detached dwellings and accessory uses and structures. b) No more than 16 total dwelling units at a maximum density of 3.67 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 11, 2013. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) The minimum lot size – 2,000 square feet b) Minimum lot width (at building line) – 50 feet c) Minimum heated floor area per unit – 2,500 square feet d) Front yard setback – 10 feet g) Side yard setback – 5 feet (VC12-08, Part 3) h) Side yard setback adjacent to a street – 15 feet i) Rear yard- 20 feet (VC12-08, Part 4) j) Front periphery setback along Bethany Bend - 20 feet (VC12-08, Part 2) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at new access drive 2) East Bound Left Turn Lane on Bethany Bend at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. Reservation shall begin at a point 25 feet north of the south east property corn er and continue west parallel to the north property line extending to the intersection with the north right of way line on Bethany Bend. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Revised Site Plan Submitted February 11, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 1 of 17 RZ13-01/VC13-01 PETITION NUMBER(S): RZ13-01/VC13-01 PROPERTY INFORMATION ADDRESS Northeast Corner of Bethany Bend and Cogburn Road DISTRICT, LAND LOT 2/2, 832 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 4.7333 EXISTING USE Undeveloped PROPOSED USE 95 unit assisted living facility OWNER Cogburn and Bethany LLC ADDRESS 15860 Meadow King Court Milton, Georgia 30004 PETITIONER Arrowhead Real Estate Partners, LLC – Curtis Hicks REPRESENTATIVE Nathan V. Hendricks COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 26, 2013 RZ13-01 – WITHDRAWAL VC13-01 - WITDRAWAL INTENT To rezone from AG-1 (Agricultural) to O-I (Office-Institutional) to develop a 95 unit, 2 stories, assisted living facility on approximately 4.733 acres. A concurrent variance is also requested to delete the 75 foot buffer and 10 foot improvement setback along the east property line. (Section 64-1091 (b)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 2 of 17 RZ13-01/VC13-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 3 of 17 RZ13-01/VC13-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 4 of 17 RZ13-01/VC13-01 REVISED SITE PLAN SUBMITTED FEBRUARY 11, 2013 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 5 of 17 RZ13-01/VC13-01 LOOKING AT SUBJECT SITE FROM THE SOUTH LOOKING AT SUBJECT SITE FROM THE SOUTH Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 6 of 17 RZ13-01/VC13-01 LOOKING WEST FROM SUBJECT SITE SUBJECT SITE: The subject site is a 4.7333 acre tract of agriculturally zoned land, located on the northeast side of the intersection of Coburn and Bethany Bend Roads. The subject site is undeveloped and is located within the Agricultural, Equestrian and Estate (AEE) Land Use designation on the 2030 Future Land Use Plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 7 of 17 RZ13-01/VC13-01 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 Agricultural Oakstone Glen S/D and Scattered homes Min. 1 unit/acre Northeast 2 Z00-052 C-1 Conditional Kids “R” Kids Learning Center 4,771.25 square feet/acre Total of 14,600 total square feet with 240 students Northeast 3 AG-1 (Agricultural) Undeveloped and Single Family Residence Min. 1 unit/acre East 4 Z04-022 C-1 (Community Business) Retail Shopping Center 7,314.03 square feet/acre Southeast 5 Z99-77 C-1 (Community Business) Retail Shopping Center (Publix) 7,846.04 square feet/acre South 6 Z05-115 CUP (Community Unit Plan) Cambridge High School 2.98 units/acre Southwest (City of Alpharetta) 7 U05-002 AG-1 (Agricultural) Kings Ridge Christian School 4,872.13 square feet per acre Total of 341,000 square feet West 8 AG-1 (Agricultural) Scattered residential Min. 1 unit/acre Northwest 9 Z72-194 R-2A (Residential) Bethany Green Subdivision None given Further Northwest 10 AG-1 (Agricultural) Devonshire Farms Subdivision Min. 1 unit/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 8 of 17 RZ13-01/VC13-01 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 9 of 17 RZ13-01/VC13-01 Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A through E, below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 95 unit, 2 story assisted living facility is inconsistent with the existing single family residential development to the north, west and northwest of the subject site. Staff notes that to the south and southwest are Cambridge High School and Kings Ridge Christian School respectively, which are more intensive uses than the proposed 16 lot single family residences. It is Staff’s opinion based on the current 2030 Future Land Use Plan Map that the proposed use is unsuitable with adjacent uses to the north, west, and northwest of the subject site. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal may adversely affect existing use or usability of the adjacent properties as described above. The proposed development does not provide a transition between the existing densities and uses to the north, west and northwest, but may provide transition to the uses to the south and southwest. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? The applicant will be required to provide the transportation improvements listed in the recommended conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. E. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 Future Land Use Map: Agricultural, Equestrian, Estate Residential (AEE) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 10 of 17 RZ13-01/VC13-01 Proposed use/density: Assisted Living Facility / 17,957 square feet per acre The 2030 Future Land Use Map suggests AEE for the subject site and the properties to the east and to the north which is inconsistent with the proposed development. Staff notes that the 2030 Land Use Plan suggested that this area be more thoroughly evaluated in the future. Currently, Staff has initiated the Hwy 9 North Study to evaluate areas not included in the recently adopted Deerfield/Hwy 9 LCI Plan. The subject site is located within the study boundary of the Hwy 9 North Study. F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with adjacent and nearby zonings to the north and east and is inconsistent with the Future Land Use Plan which shows the subject site should be AEE. Since the adoption of the 2030 Comprehensive Plan, Cambridge High School has been built on property that was zoned for single family residential. In addition, the subject site lies just outside of the “Priority Master Planning Area” of Hwy 9. In the 2030 Comprehensive Plan, it states the following: “Though the area is subject to a zoning overlay district that includes aesthetic controls and design review requirements, the community has expressed the desire to develop a full Master Plan and Market Study for the area similar to those for Crabapple Crossroads and Birmingham Crossroads. The Master Plan should ensure that the area remains economically viable, avoids unattractive strip development and recruits businesses and services that will benefit the city of Milton while being sensitive to the many residents that live in the area….During the Master Planning process, the area will be thoroughly studied to determine the appropriate land uses and suggest any amendments to the comprehensive future land use map in this document.” The subject site has been included in the Hwy 9 North Study, which is currently underway to further determine the appropriate use. Based on the fact that the current Future Land Use Plan recommends AEE, it is grounds to recommend disapproval for the proposed 95 unit assisted living facility. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 11 of 17 RZ13-01/VC13-01 development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on February 11, 2013, Staff offers the following considerations: Standard Proposed Standard Consistent or Inconsistent Height – 30 feet from average grade to the roof eave (SR 9 Overlay) 30 feet from average grade to the roof eave Consistent Min. Front Yard along Cogburn Roads – 40 feet 40 feet Consistent Min. Side Yard adjacent to street along Bethany Bend – 40 feet 40 feet Consistent Min. Side Yard interior along east property line – 20 feet 20 feet Consistent Min. Rear Yard along north property line – 25 feet 25 feet Consistent Min. lot frontage – 100 feet 100 feet Consistent Max. lot coverage – footprint of all buildings and parking shall not exceed 70 percent 70 percent Consistent 75 foot buffer and 10 foot improvement setback along properties zoned AG-1 that contains more than 4 acres. (Section 64-1091 (b)) (SR 9 Overlay District) Meets the requirement along the north property line, but not along the east property line. Inconsistent - Applicant requests a concurrent variance, VC13-01 to delete along the east property line. 20 foot landscape strip along road frontages (SR 9 Overlay District) 20 feet Consistent Based on Staff’s recommendation of denial of proposed assisted living facility, Staff recommends DENIAL of VC13-01. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 12 of 17 RZ13-01/VC13-01 PARKING REQUIREMENTS The following chart illustrates the parking required by the City of Milton Zoning Ordinance for the proposed use (Sec. 64-1410): Proposed Use Minimum Requirement Spaces Provided Assisted Living Facility - 95 Units / 35 employees 1 space per four beds, plus one per three employees 24 spaces plus 12 spaces Total 36 spaces required 62 Spaces Staff notes that the applicant is providing 62 parking spaces, which exceeds the required 36 parking spaces required. It also appears that the site plan is in compliance with the landscape and layout requirements of the SR 9 Overlay District. PUBLIC INVOLVEMENT On January 30, 2013 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately thirty people in attendance from the community. Common concerns of the proposed development dealt with issues associated with traffic, inconsistent with the Comprehensive Land Use Plan, and intensity of the use. Public Comments – Staff has received emails which are included at the end of this report. City of Milton Design Review Board Meeting – February 5, 2013 The following comments were made by the DRB: Traffic impact from a design standpoint. This will be a non peak hour operation. The building this close to the street will limit the city’s ability to widen the road. The applicant stated that they are giving row and adding a turn lane almost the entire length of the property. Light pollution. Hope they can use more ambient type lighting. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 13 of 17 RZ13-01/VC13-01 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 days prior to the Mayor and City Council meeting. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 14 of 17 RZ13-01/VC13-01 CONCLUSION Based on the applicant’s request to withdraw the petition, Staff recommends WITHDRAWAL of RZ13-01, VC13-01. Staff has included a set of Recommended Conditions if the Mayor and City Council so choose to approve RZ13-01 and VC13-01. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 15 of 17 RZ13-01/VC13-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved O-I (Office-Institutional ) 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) 95 unit assisted living facility and accessory uses at a density of 17,95 7 square feet of gross floor area per acre zoned or a total gross floor area of 85,000 square feet, whichever is less. 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 February 11, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Delete the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line. (VC13-01) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Cogburn Rd and Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 16 of 17 RZ13-01/VC13-01 and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Rd a. Modification to signal mast arm (match existing in like kind) at north east corner of intersection to accommodate turn lane and sidewalk improvements 2) West Bound Right Turn Lane on Bethany Bend at new access drive 3) East Bound Left Turn Lane on Bethany Bend at new access drive 4) North Bound Right Turn Lane on Cogburn Rd at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. Reservation shall begin at a point 25 feet north of the south east property corner and continue west parallel to the north property line extending to the intersection with the north right of way line on Bethany Bend. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) 2/27/2013 Page 17 of 17 RZ13-01/VC13-01 from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Robyn Macdonald From: Bishop [bish1103@comcast.net] Sent: Monday, December 03, 2412 9:07 AM To: Robyn Macdonald Subject: Oppose RZ12-711-112-021VC12-08 Robyn, I am a homeowner in the Oakstone Glen subdivision. I attended the November 28,2012 Community Zoning Information Meeting regarding the applicant Arrowhead Real Estate Partners. After reviewing the proposed development of the nine acres that front our neighborhood and the requested variances I am totally against this request. The development is not in keeping with the surrounding area and the requested density requiring sewage is not something I want in my community. Please know I oppose this request for rezone and all variance changes. Thank you, Eric and Lisa Bishop 500 Oakstone Glen Milton, GA 30003 770-521-1742 Robyn Macdonald From: Kathleen Field Sent: Wednesday, December 05, 2012 8:39 AM To: Robyn Macdonald Subject: Fw: Proposed AG -1 to TR Rezoning Cogburn And Betheny Bend FYI From: Roger Kubler - 4PS1AS [mailto:roger.kublerOgsa.gov] Sent: Tuesday, November 27, 2012 08:32 AM To: Kathleen Field Subject: Proposed AG -1 to TR Rezoning Cogburn And Betheny Bend Dear Ms Field Since I have commitments every Wednesday evening I am writing as a resident to express my deep concern relative to the proposed rezoning of nine acres bordered by Betheny Bend and Cogburn for the construction of seventeen homes and an assisted living facility. The proposal is in direct conflict with my understanding of the general approach to developing Milton as a low density community. Specifically we have two large schools in that area which have not yet reached full enrollment with the Christian Academy constructing their high school and traffic is already a burden. An assisted living facility will generate both visitor and commercial traffic compounded by a proposed exit on Cogburn very close to a lighted intersection. A setback reduction to twenty feet, building separation of five feet (fire control risk) and a proposed three story facility fly in the face of a community concept which I thought focused on quality of life. We already have two senior facilities under construction in the general area and the Alpharetta/Milton area is awash in vacant/repossessed townhornes. I hope developer profit will not triumph over a professional Milton development plan. Roger Kubler 404-394-7510 December 17, 2012 Memo to: Planning Commission, Mayor and Council This correspondence relates RZ12-17/U12-08/ Bethany Bend and Cogburn Road. My husband and I are citizens of the city of Milton and reside at 2500 Bethany Church Road on a ten acre parcel where we have a horse farm. When we purchased our parcel, we carefully investigated the definition of AG -1 and deemed it our responsibility to understand what the land could be sold as in the future. We purchased our parcel with the knowledge that our ground could only be sold as a farm or one home per acre as described in the AG -1 zoning description. This due diligence is part of any land acquisition and befalls the purchaser. The parcel of land identified in this rezoning notice is identified in the City of Milton Comprehensive Land Use Plan as AG -1. For this reason, I request that our city leadership adhere to this plan as you refer to the Land Use Plan. Many of you tirelessly gave your time, 18 months worth to develop this land map as to how we should develop our unique city. This is now the time to put into action the process for which we all have planned for. Additionally, this parcel does not fall under our sewerable land parcels. Our Sewer map was another painstaking process that warrants your compliance when considering this rezoning. Finally, we have had the opportunity to visit many of the communities in the Northeast and in the heart of horse country, for example Tryon, N.C. These communities strictly adhere to their policies for land development and it shows. They have become unique communities that attract the most desirable residents and business ventures. Milton can be the same way, we just need to adhere to the carefully thought out plans that we have all worked so hard to put into place. I respectfully request that you hold firm on our Land Use and Sewer plans and deny this rezoning. There 15 a desire for one acre lots for homes located across from premier high schools in North Fulton. This is evidenced by the Six Hills neighborhood across from Milton High School. Sincerely, Rob and Laura Bentley Robyn Macdonald From: David Weaver [dwedweaver@corncast.net' Sent: Wednesday, February 20, 2D13 7:03 APV[ To: Chris Lagerbloorn Cc: Robyn Macdonald Subject: RE: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Thanks Chris. I am not against the site being developed, but the impact nn traffic has to be a key corisideration_ Already, the intersection of Cogbunt ind FraI:66 roads J10 the nor lh) can back-up ail the way to Coglaum and Bethany (Springtime especially) in the late afternoon. This side of highway 9 is not suitable for high density development. The roads are inadequate and are not going to become any larger in the near future. Milton touts quality of life for its residents. As an original reside rit, I expect our elected officials to ma intain the city's pledge. Thank You, David Weaver David W. Weaver 770 377.4754 From: Chris Lagerbloom [=Rt_o.Chris.Lagerbloom(acityofmiltonaa us] Sent: Tuesday, February 19, 2013 10:43 PM To: David Weaver Cc: Robyn Macdonald Subject: Re: Petition - Stop Proposed Bethany/Cogburn 9 acre Development David, Thank you for the email. More importantly, thank you for beings involved in Milton. Your comments have been captured and will become a part of our staff report as the Mayor and Council consider this zoning application. I've also copied our principal planner who is formulating our staff opinion. Please let me know if you have any questions... Chris Sent from nay iPad On Feb 19, 2013, at 7:59 PM, "David Weaver" <dwed vveayert comrast_nct> wrote: All, I hope that this high density project variance is not approved at this time. OUr roads simply cannot handle another significant generator of traffic. the enhancement of the Cogburn and Bethany roads intersection has worked well to date. Adding another significant traffic generator can only threaten this_ Thank you each for your service. David Weaver 200 Bayfield Court The Hermitage David W. Weaver 770.377.4754 ........ _.....�. . ....... ... . I ... ....... _ ..... .1............... .................... ... ...... ................ ...... ......... ..................... ................ From: ebor..ka)comcast.net (mailto:ebork@co cast. net) Sent: Tuesday, February 1.9, 2013 12:42 PM To: Tara chambers Subject: Fwd: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Can you please forward to ur neighborhood? From: "Nikki Haslett" <nikkihaslett(cDmsn.com> To: "Nikki" <nikkihasiett(&msn.com> Seat: Tuesday, February 19, 2913 11:55:49 AM Subject: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Hi Neighbors and fellow Milton Residents, Please find below a link to a petition opposing a development on the corner of Bethany and Cogburn Roads which we believe will cause cause further traffic aggravations and negatively impact the quality of life of residents and the character and heritage of our central Milton Community. The petition opposes : 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AG'I to 01 (Office Institutional) and TR (Townhouse Residential) respectively. Please be advised that this goes entirety against the Non Sewer Stipulations, Comprehensive Land Use Plan and Density for this property 2) The City of Milton's pians to include and incorporate the above property as a test lot within their new initiative to re -zone highway. htti)://www.Qt petition.cam/petitions/sto:-_roposed_bethany_cogb rn-assisted-living-and- townh. htrr! Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specificalty within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to five in Milton!il Could l ask that you phase take a few minutes to react the brief details of the petition and, if able and willing, sign and share with other concerned Citizens. Thank you Robzn Macdonald From: Chris L.agerbioorn Sent: Wednesday, February 20, 2413 10:01 AM To: BettyAKinney@aol.com Cc: Robyn Macdonald Subject: RE= against high density living Good morning Betty, Thank you for reaching out to me and for your partici pa ting in this particular request far a zoning change. As your City Mdrrdger, I don't vote on these particular items, however we have a staff which generates a staff recommendation for the Mayor and Council to consider. will ask our planning staff to include your comments in any future staff report published for Council review, Please let me know if you have any questions, Chris .. ,: F us f rKx��� cs r Christopher J Lagarbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 678-242-2488 (0) 1678-242-2499 (F) www nit ofmilton 10 YOU Want to stay on top of what's going on in the City? Sign up tar our e -Newsletter? Have a problem, question, comment, complaint or compliment? We avant to hear about if! For prompt assistance. call 678.242,2500 or e-mail tis at infoQcityofrniltonga.us. Our Core Values Innovation I Quality j integrity j Transparency I Respect f Fiscal Responsibility j Professional Development From:Se yAKinr evC aral.mm [rnailto-BeMi innev_ d aol.r m] Sent; Wednesday, February 20, 2013 9.38 AM To; Chris t..agerbloorn Subject: against: high density living Hi Chris We moved to Milton from Cumming forthe 1 arse home and rural, green feeling of Milian. PleasQ dry not allow this high density project to be built especially next to a new Cambridge High(nct a full capacity) and an under construction large King's midge High,. Please find below a link to a petition opposing a development on the corner of Bethany and Cagburn Roads which we believe will cause further traffic aggravations and negatively impact the quality of life of residents and the character and heritage of our central Milton Community - The petition opposes 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AG1 to OI (Office Institutional) and TIS (Townhouse Residential) respectively. Please be advised that this goes entirely against the Non Sewer Stipulations, Comprehensive Land Use Plan and Density for this property 2} The City of Milton's plans to include and incorporate the above property as a test lot within their new initiative to re -zone highway. http:i/www.gopetition.com/petitions/sto-p -proposed-bethany-cogbui-n-assisted-living-and-townh.htmI Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Ilan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to live in Milton?lI Betty Kinney The Hermitage Milton, GA Robyn Macdonald From: Chris Lagerbloom Sent: Wednesday, February 20. 2013 10:46 AM To: Chambers,Tare M Cc; Robyn Macdonald Subject: RE: Rezoning at the corner of Bethany Bend and Cogburn roads Good morning Tara, Thank you for reaching out to me and for your participating in this particular request for a zoning change. Your comments have been noted and will become a part of our staff report which will be provided to the Mayor and Council as they deliberate to a conclusion. Please let ine know if you have any questions, Chris A I LTC-, . Christopher J. Lagerbloom City Manager 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 678-242-2488 {Cr} 1678-242-2499 (F) =<v+yA._( ofmiItonga.us Want to stay on top of what's going on in the City? Sign up for our e -Newsletter! Have a problem, q"sfion, comment, complaint or compliment? We want to hearabout it' FDr prompt assistance. call 678242.2506 or e-mail us at infaCCD_cityofM1ltonga.us Our Core Values Innovation j Quality i Integrity f Transparency j Respect j Fiscal Responsibility j Professional Development From: Chambers,Tara M f maiito:TMCHAMBEaa travelers.comI Sent: Wednesday, February 20, 2013 9.45 AM To: Bill Lusk; Burt Hewitt; Joe Lockwood; Joe Longoria; Karen Thurman; Lance Large; Matt Kunz; Chris Lagerbioom Cc: Tara Chambers' Subject: Rezoning at the corner of Bethany Bend and Cogburn roads Dear City Council, Mr. Mayor and City Manager, Please note my strong opposition to the rezoning request from Arrowhead Real Estate Partners LLC for the property at the corner sof Bethany Bend and Highway 9. This request to allow a high density, 2 -story, 95 -unit Assisted Living and 17 townhome development on that parcel of land does is just plain irresponsible in my opinion. Not only does it go against the sewer requirements and the 2030 CLUP that was adopted in 2011, but it shows zero planning for the future. That corner has a brand new H.S. that is no where near capacity and another HS currently under construction (KRCS). This has been designated as a "transitional" area within the Highway 9 corridor and nothing about putting a high density housing development there is "transitional". This specific area already cannot handle the traffic flow (highway 9 & Bethany Bend) and there is nothing we can do about it because Highway 9 is a state road. Why in the world would you ever consider high density for the proposed lot when traffic flow in this im mediate area is already an issue and it is only going to get worse as the schools grow? Please, think about this and what it will do to the area. We are trying to avoid future grid lock, not add to it. This is not what the residents want and goes against all plans for the proposed area. There is a reason the CLUP did not designate that for high density and please hold firm to that original agreement. Sincerely, Tara Chambers "Cara Chambers Account Underwriter Travelers Private &lion Profit Liability Bond & Financial Products 1000 Windward Concourse, Suite 100 Alpharetta, CSA 30005 678.33.7.7091 1 Fax 855.847.7911 t mch a m be (&Travelers .co m this communication, including attachments, is confidential, may be sut ject to legal privileges_ and is intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this communication, other than by the addressee, is prohibited. If you have received this communication in error, please notify the sender immediately and delete or destroy this communication and all copies. Robyn Macdonald From: Chris Lagerbioom Sent: Tuesday, February 19, 2013 113:32 PM To: Tire Cummings Cc: Robyn Macdonald Subject: Re: Land Use Zoning - Housing Construction at Cogburn and Bethany Bead Pecky, 7.hank you for the email. More importantly, thank you for being involved in Milton. Your comments have been captu-red and will become a part of our staff report as the Mayor and Council consider this zoning application. Please let me know if you ha vv any questions... Chris Seat from my iPad On'Feb 19, 2013, at 7:03 PM, "Tian Cummings" < irnbcck cuinmings,c s omcastmet> wrote: There is a proposed housing construction to be located at the corner of Bethany Bend and Cogburn Road, across the street from Cambridge his_ In my opinion, this intersection cannot handle having a high density community located there. Current Land Use Zoning does not permit this type of housing at that location. As a resident of The Hermitage subdivision, 1 wanted to make you aware of this, and to inform you that 1 do not agree to this construction. Please vote in the best interest of the residents to deny this zoning variance. Cambridge High School and King's Ridge are nowhere near capacity now and it would be incredibly short sighted to allow this housing to be built there. Please be aware that there are Fl1fE schools located within a ITTile of oiie another frorn corner of Webb Road and Cogburn Road to Bethany Bend- Cambridge High School, King's Ridge, St. Francis, Hopewell Middle School, and Cogburn Elementary School. Adding a new housing area would be detrimental for the traffic, and for the residents located in the middle of these schools, which is where The Hermitage is located. Thank you for your attention in this matter, Becky Cummings 485 The Hermitage Drive Milton, GA 30004 Robyn Macdonald From: Chris Lagerbioorn Sent: Tuesday, February 19, 2013 10:37 PM To: Robyn Cavins Cc: Robyn Macdonald Subject.: Re: Good evening Robyn, Thank you for the email. More importantly, thank you for being involved in Milton. Your comments bav'e been captured and will become a part of our staff report as the Mayor and Council consider this zoning applWaLion. As your City Mi wiager, I dont actually vote on this iteral. I manage a staff who will ultimately in ake a recommendation based upon their professional opinion. Your comments are accepted id Nvi.11 become a part of it. I appreciate you taking the time to send your thoughts our way. Please let me know if you have any questions... Chris Sent froin my iPad On .Feb 19, 201.3, at 7:39 PM, 'Robyn Cavins" crobyn.leannee�ri)rn,,Lc.com> wrote - Mr. 1_agerbloorn: I am a resident of Milton and live in The Hermitage. l understand rezoning of the corner of Bethany Bend and Cogburn Road is being considered to allow a 95 unit Assisted Living Facility and a 17 unit Townhouse complex to be built on this 9 acre property. l urge you to vote against this zoning change. Such a development goes entirely against the non -Sewer Stipulations, Comprehensive Land Use Plan, and Density for this property. The citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chose to live in Miltonill I request that you consider the previously established agreements and the position of the residents that live within walking distance of this area above those of the developers. Regards, Robyn Cavins Robyn Macdonald From: Chris Lagerbloom Sent: Tuesday, February 19, 2013 10,43 PM To: David Weaver Cc, Robyn Macdonald Subject: Re: Petition - Stop Proposed Bethany/Coghurn 9 acre Development David, Thank you for the email. More importantly. thank you for beim involved in Milton. Your comments have been captured and will become a pari of our staff report us [he Mayor and Council consider this zoning application. I've also copied our principal planner who is formulating our staff opinion. Please let one knokv if you have any questions... Chris Sent :from my Wad 4n Feb 19, 2013, at 7:59 PM, "Daviel Weaver" <dwedweaver{aJcomcasl.net> wrote: I hope that this high density project variance is not approved at this time_ our roads simply Cannot handle another significant generator of traffic. The enhancement of the Cogburn and Bethany roads intersection has worked well to date. Adding another significant traffic generator can only threaten this. Thank you each for your service. David Weaver 2W Bayfield court The Hermitage David W, Weaver 77(}.37°7.4754 From: ebork0coMCa5t,ret [mailto:ebc-rkk- conicast.rtet] Sent: Tuesday, February 19, 2013 12:42 PM To: Tara chambers Subject: Fwd: Petition - Stop Proposed Bethany/Cogburn 9 acre Development Can you please forward to LIF neighborhood? From: "Nikki Haslett" <nikkihaslettComsn.com> To: "Nikki" <njkkihaslett0msn.com Sent: Tuesday, February 19, 2013 11:55:49 AM Subject: Petition - Step Proposed Bethany/Cogburn 9 acre Development Hi Neighbors and fellow Milton Residents, Please find below a link to a petition opposing a development on the corner of Bethany and Cogburn Roads which we believe will cause cause further traffic aggravations and negatively impact the duality of life of residents and the character and heritage of our central Milton Community. The petition opposes 1) A proposal to build an 95 unit Assisted Living Facility and 17 Unit Townhouse Complex on the 9 acre property at the corner of Bethany Bend And Cogburn Road (opposite Cambridge School). Arrowhead Real Estate are seeking to rezone from AGI to 01 (Office Institutional) and TR (Townhouse Residential) respectively. Please be advised that this goes entirely against the Non Sewer Stipulations, Comprehensive Land Use Plan} and Density for this property 2) The City of Milton's plans to include and incorporate the above property as a test lot within their new initiative to re -zone highway. htt ://www. o etition.coml etitions/sto - ro osed-bethan -co burn-assisted-livin -and- tovvnh.html Citizens have worked extensively with the City Of Milton over the years to define a unified Comprehensive Land use and Community Plan for the City. This plan comprises areas designated for Commercial Development and those set aside to maintain the rural character of Milton and to be Sewer free. This property falls specifically within the boundaries established to maintain the areas rural charm with restricted commercialization, noise and traffic pollution. That is why we chase to live in Miltonil? Could I ask that you please take a few minutes to read the brief details of the petition and, if able and willing, sign and share with other concerned citizens. Thank you Robyn Macdonald From: Nikki Haslett [nikkihaslett@msn.comj Sent: Wednesday, December 19, 2D12 10:14 AM To: Robyn Macdonald Cc: Milton—Moore—Paul; Raosdale, George T. Subject: 9 Acre Bethany BendtCogburn Road Proposal Good day Robin, George, Paul and members of the Planning Commission, I and my neighbors in the Dakstone Glen Subdivision are vehemently opposed to the Rezoning request and development being proposed for the 9 acre property (cornea of Bethany & Cogburn (toads) and directly adjacent to our properties. Suffice to say that this non transitional immensely high density housing and part commercial 3 Story Assisted Living Facility is a totally inappropriate use of this property alongside our I acre homes. Rezoning, Density, Traffic, Intersection, Inappropriate use, Non transitional, requested variances and many other issues aside for the moment. The simple fact and reality is that this proposal goes completely against the Comprehensive Land Use Plan and Non Sewer Requirements that were recommended, accepted and implemented for this property - and this after nearly 2 years of excessive volunteer hours, effort and commitment. I For one would like to see what was agreed upon in terms of the Land Use Plan being enforced. Whilst I understand that this application is likely to be deferred until late January I would ask that our opposition be read into and included in the Planning Commission Minutes this evening of December 19th. Thank you Nikki Haslett 330 Stone Hill Point Milton, 30004 ORDINANCE NO._______ PETITION NO. RZ13-01/VC13-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO O-I (OFFICE- INSTITUIONAL) TO DEVELOP A 95 UNIT ASSISTED LIVING FACILIY LOCATED ON THE NORTHEAST CORNER OF BETHANY BEND AND COGBURN ROAD CONTAINING 4.733 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at the northeast corner of Bethany Bend and Cogburn Road, consisting of a total of approximately 4.733 acres as described in the attached legal description, be rezoned to the O-I (Office-Institutional) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the O-I (Office-Institutional) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 16 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of March, 2013. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved O- I (Office-Institutional) 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) 95 unit assisted living facility and accessory uses at a density of 17,95 7 square feet of gross floor area per acre zoned or a total gross floor area of 85,000 square feet, whichever is less. 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 February 11, 2013. 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 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Delete the 75 foot undisturbed buffer and 10 foot improvement setback along the east property line. (VC13-01) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide 10 foot concrete trail and 5 foot landscape strip behind back of curb along entire property frontage of Cogburn Rd and Bethany Bend 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances : 1) West Bound Right Turn Lane on Bethany Bend at Cogburn Rd 1. Modification to signal mast arm (match existing in like kind) at north east corner of intersection to accommodate turn lane and sidewalk improvements 2) West Bound Right Turn Lane on Bethany Bend at new access drive 3) East Bound Left Turn Lane on Bethany Bend at new access drive 4) North Bound Right Turn Lane on Cogburn Rd at new access drive b) Provide a 50 foot wide cross-access easement free of any structures or above ground utilities for future vehicular and pedestrian inter-parcel access on the east property line as approved by the City of Milton Public Works Department. c) Reserve for the City of Milton, sufficient land as necessary to provide for compliance with the Comprehensive Transportation Plan. Reservation shall begin at a point 25 feet north of the south east property corner and continue west parallel to the north property line extending to the intersection with the north right of way line on Bethany Bend. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Revised Site Plan Submitted February 11, 2013 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of: RZ12-18 – To amend Chapter 64, Article VI, Division 2, AG-1 (Agricultural District) as it pertains to fencing. RZ12-19- To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. RZ13-02 – To amend Chapter 64, Article I, Sec 64-1, Definitions as it pertains to defining “Exterior Streets” Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The Mayor and City Council approved changes to the AG-1 (Agricultural) district regarding fencing at their March 19, 2012 meeting. These were in conjunction with amending regulations for barns in AG-1 (Agricultural) districts. Since that time, it has come to the attention of the Council that the new fencing requirements may not be appropriate for all properties in AG-1 (Agricultural). Staff was directed by Council to research how the Zoning Ordinance could be amended to allow other types of fences, other than equestrian type of fencing along roadways but still keep the overall feel of the equestrian/rural nature of the City. RZ12-18 – This text amendment only applies to properties zoned AG-1 (Agricultural). Within this text amendment, the goal was to allow other types of fencing (including opaque fencing) on the interior of platted subdivisions. But when those lots abut “exterior streets” such as Birmingham, Hopewell, and Freemanville Roads they will be required to provide the three or four board equestrian type fence. Staff has also contemplated that lots may want to have a “privacy” or non-equestrian fence along their rear or side property lines, in which case they would be required to plant a visual buffer so as the fence could not be seen from the public street throughout the year. RZ12-19 – This text amendment applies to all zoning districts within the City. Within this text amendment, the goal was to clean up the general requirements for fencing such as prohibiting the use of chain link fencing along right-of-ways, architectural treatment of poured concrete, and clarifying the maximum height of fences and walls. RZ13-02 – This text amendment was suggested after discussion at the December 19, 2012 Planning Commission Meeting. Items RZ12-18 and RZ12-19 needed to be deferred to allow RZ13-02 to be heard concurrently with the original text amendments. This text amendment defines the term exterior street within the definitions section of the ordinance. Staff proposes the following definition: “Exterior street means a street, either public or private that is not located within a subdivision or final plat.” Both subdivision and final plat are defined in the definitions section of the ordinance as well. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose not approve these text amendments and the existing requirements will remain. Legal Review: Paul Frickey – Jarrard & Davis (November, 2012) Concurrent Review: None Attachment(s): Text Amendments and Ordinances for RZ12-18, RZ12-19, and RZ13-02 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Page 1 of 4 RZ12-18 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. Sec. 64-414. - Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-415. - Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Page 2 of 4 RZ12-18 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding a rea with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall n ot be permitted for property containing less than five acres. (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yar ds provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property containing less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Page 3 of 4 RZ12-18 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Fencing along exterior public streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (56) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side or rear yard is adjacent to an exterior public street, an opaque fence may be installed as long as it is not visible from the street any time of the year. (k) Fencing along interior public subdivision streets, sides and rear of platted subdivision lots shall be as follows : (1) Allowed fencing material and type is not limited to three or four board wooden fencing or as otherwise subject to the approval of the Community Development Director and; (materials shall be per HOA regulations). (2) Fences shall not exceed 8’ in height but not including fencing in the front. (3) If a side or rear lot line borders an exterior (public) street, see section j.Section j applies. (l) Fencing along sides and rear of non subdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing . (2) Fences shall not exceed 8’ in height. (3) If a side or rear lot line borders an exterior (public) street, see section j. (m) Barbed wire is prohibited on any single family residential lots, except when part of a legitimate agricultural use. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Page 4 of 4 RZ12-18 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. (n) (l) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V, conservation subdivision is currently reserved. (Ord. No. 12-03-129, § 1, 3-19-2012) Sec. 64-417. - Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance . (6) Landscape area and buffer regulations: Article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: Article XVI. (Ord. No. 12-03-129, § 1, 3-19-2012) Secs. 64-418—64-436. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ12-18 AN ORDINANCE TO AMEND ARTICLE II, DIVISION 8, AS IT PERTAINS TO FENCING AND WALLS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Article II Division 8, as it pertains to fencing and walls of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of: RZ12-18 – To amend Chapter 64, Article VI, Division 2, AG-1 (Agricultural District) as it pertains to fencing. RZ12-19- To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. RZ13-02 – To amend Chapter 64, Article I, Sec 64-1, Definitions as it pertains to defining “Exterior Streets” Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The Mayor and City Council approved changes to the AG-1 (Agricultural) district regarding fencing at their March 19, 2012 meeting. These were in conjunction with amending regulations for barns in AG-1 (Agricultural) districts. Since that time, it has come to the attention of the Council that the new fencing requirements may not be appropriate for all properties in AG-1 (Agricultural). Staff was directed by Council to research how the Zoning Ordinance could be amended to allow other types of fences, other than equestrian type of fencing along roadways but still keep the overall feel of the equestrian/rural nature of the City. RZ12-18 – This text amendment only applies to properties zoned AG-1 (Agricultural). Within this text amendment, the goal was to allow other types of fencing (including opaque fencing) on the interior of platted subdivisions. But when those lots abut “exterior streets” such as Birmingham, Hopewell, and Freemanville Roads they will be required to provide the three or four board equestrian type fence. Staff has also contemplated that lots may want to have a “privacy” or non-equestrian fence along their rear or side property lines, in which case they would be required to plant a visual buffer so as the fence could not be seen from the public street throughout the year. RZ12-19 – This text amendment applies to all zoning districts within the City. Within this text amendment, the goal was to clean up the general requirements for fencing such as prohibiting the use of chain link fencing along right-of-ways, architectural treatment of poured concrete, and clarifying the maximum height of fences and walls. RZ13-02 – This text amendment was suggested after discussion at the December 19, 2012 Planning Commission Meeting. Items RZ12-18 and RZ12-19 needed to be deferred to allow RZ13-02 to be heard concurrently with the original text amendments. This text amendment defines the term exterior street within the definitions section of the ordinance. Staff proposes the following definition: “Exterior street means a street, either public or private that is not located within a subdivision or final plat.” Both subdivision and final plat are defined in the definitions section of the ordinance as well. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose not approve these text amendments and the existing requirements will remain. Legal Review: Paul Frickey – Jarrard & Davis (November, 2012) Concurrent Review: None Attachment(s): Text Amendments and Ordinances for RZ12-18, RZ12-19, and RZ13-02 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 1 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. Sec. 64-211. - Architectural treatment of common aggregate block. Whenever visible from a public street in all except the AG-1 and industrial districts, and whenever adjoining a residential zoning district in all districts, the exterior of all common aggregate blocks shall be provided with an architectural treatment such as stucco, stone, brick, wood or an alternate treatment approved by the director of the community development department. Split rib and marble aggregate block shall not be deemed to be common aggregate block. Sec. 64-212. - Fence and wall specifications; exemptions. Fences and walls which conform to the provisions stated herein shall be permitted by the community development department. Fences erected for agricultural purposes in the AG-1 district shall be exempt from permit requirements. (1) Visibility triangle. Fences, walls and vegetative materials used in association therewith must not obstruct the minimum sight distance requirements which are specified in the city subdivision regulations (chapter 50) administered by the director of the community development department. (2) Gates. No part of a gate shall be located within 20 feet of a public right-of-way, nor shall any gate or vehicle in any way obstruct a public right-of-way or the minimum sight distance specified in the subdivision regulations regardless of whether open, closed or in an intermediate position. (3) Maintenance of required landscape areas. Landscape areas or strips required pursuant to this section shall be maintained in accordance with the requirements of the tree preservation ordinance (article III of this zoning ordinance). (4) Fence and wall materials. Where this zoning ordinance or zoning conditions require fences and walls to be solid/opaque, the visual density of the fence shall be such that it cannot be seen through. The following standards shall apply to fences and walls: a. Adjoining right-of-way. In all zoning districts except AG-1, M-1, M-1A, and M-2, wire and plastic fencing materials, including chainlink fencing with plastic or wooden inserts, shall not be used adjoining a street right-of-way. This provision shall not preclude the use of chainlinkchain link fencing as a security fence around stormwater facilities or recreational courts. The architectural treatment of poured concrete, common aggregate block or concrete block walls shall be approved by the director of the community development department. This provision shall not preclude the use of chainlink fencing as a security fence around stormwater facilities. b. Fences along all property lines. Walls and fences constructed along all property lines shall be constructed with a finished side toward the neighboring property. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 2 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. c. Barbed wire. Barbed wire may be used in the AG-1 district as long as its use is associated with a legitimate agricultural pursuit. Barbed wire shall not be approved for any single- family dwelling lots, including such lots which are located in the AG-1 district. Barbed wire shall not be permitted in any other zoning districts. Barbed wire may be used for security strands in all but single-family dwelling districts at a height of at least six feet above grade. d. Minimum landscape requirements. A minimum three-foot landscape strip shall be provided between a fence or wall and a public right-of-way. (5) Height. Fences and walls shall not exceed a height of eight feet from grade in residential districts, including where specifically allowed in the AG-1 district. Column and ornament heights are permitted to exceed the maximum fence/wall height up to three feet. (a) Fencing along exterior public streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side or rear yard is adjacent to an exterior street, an opaque fence may be installed as long as it is not visible from the street at any time of the year. (b) Fencing along interior public subdivision streets, sides and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type is not limited to three or four board wooden fencing or as otherwise subject to the approval of the Community Development Director and; (materials shall be per HOA regulations). (2) Fences shall not exceed 8’ in height but not including fencing in the front. (3) If a side or rear lot line borders an exterior (public) street, see section 5a.Section j applies. (c) Fencing along sides and rear of non subdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing . (2) Fences shall not exceed 8’ in height. (3) If a side or rear lot line borders an exterior (public) street, see section 5a. Comment [r1]: Staff has provided a new definition for “exterior” street. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 3 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. (6) Setback. Fences and walls shall be set back a minimum of three feet from a public right-of-way. Sec. 64-213. - Home occupation permitted as accessory use; limitations. A home occupation is permitted as an accessory use of a dwelling unit in any zoning district and its operation and employees are limited to members of the resident family only. The following are limitations on home occupations: (1) The smaller of 25 percent or 750 square feet of the gross floor area of a dwelling unit may be used for activities devoted to the home occupation. (2) Accessory buildings and structures may not be used for the home occupation. (3) There shall be no signs identifying the home occupation, nor shall there be any storage, display or activity associated with the home occupation visible outside the structure. (4) The following uses are excluded: a. Auto repair or similar operations; b. Restaurants; c. Keeping of animals; d. Funeral homes; e. Retail or wholesale shops; f. Motel type establishments; g. Taxi services; or h. Any other occupation found incompatible with the intent of this zoning ordinance. (5) Resident participants in a home occupation must have the appropriate occupational licensing, including business licenses. (6) No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive. (7) No more than two clients or patrons are allowed on the premises at the same time in conjunction with the home occupation (except for persons in care at a family day care home, where no more than six clients are allowed). (8) Vehicles kept on site in association with the home occupation shall be used by residents only. (9) The transporting of goods by truck is prohibited. Incoming vehicles related to the home occupation shall be parked off-street within the confines of the residential driveway or other on- site permitted parking. (10) Home occupations must exclude the use of instruments, machinery or equipment that emit sounds (i.e., musical instruments, sewing machines, saws, drills) that are detectable beyond the unit. (11) Family day care homes are prohibited within multifamily dwelling units. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 4 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. (12) Family day care homes shall provide outdoor play areas as required by state law, but such areas shall be limited to side or rear yards outside the minimum yard area, and shall not occupy any yard adjoining a street. (13) Family day care homes shall be located at least 1,000 feet in all directions from any other such use operated as a home occupation. (14) Family day care home hours of operation shall be limited to Monday through Saturday from 6:00 a.m. to 7:00 p.m. (15) Family day care home operators shall have a current, certified copy of the operator's state family day care home registration which shall be filed with the business license application and renewals. (16) No home occupation shall be operated so as to create or cause a nuisance. Sec. 64-214. - Outparcel development. Outparcel development permitted as a condition of zoning approval and identified on a site plan shall comply with the following standards: (1) The total floor area for outparcels shall be included in the total floor area allowed for the larger parcel. (2) Access for outparcels shall be from internal drives with no direct access to public roads. (3) Each outparcel abutting a public right-of-way shall have a minimum of 200 feet of frontage on that public right-of-way. (4) Internal entrance drives shall be located at least 100 feet from any publicly dedicated right-of- way. Sec. 64-215. - Noise. The city site acceptability noise standards shall apply to all newly proposed residential and special uses described herein. City of Milton, Georgia Site Acceptability Noise Standards* Noise Classification Day-Night Average Sound Levels (in Decibels) Requirements and Restrictions - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 5 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. Acceptable Up to 65 1. Noise study report per section 64-2131 No Restrictions. Normally Unacceptable 66—75 1. Noise study report per section 64-2131 2. Sound attenuation plan. Unacceptable 76 and up 1. Noise study report per section 64-2131. 2. Residentially zoned/used developments are prohibited. *Reference—Title 24, Housing & Urban Development, Part 51-Environmental Criteria and Standards, Subpart B—Noise Abatement and Control, Section 51.103 Criteria and Standards (c) Exterior standards. (1) New residential development proposed within five miles of the Hartsfield-Jackson International Airport boundary shall be in compliance with the city site acceptability noise standards. (2) No residential dwelling shall be occupied if the interior day-night average sound level is 50 dBA or higher. (3) Any existing legal residential lot of record that does not change use or zoning classification is exempt from the requirements of this section. Sec. 64-216. - Landfills, transfer stations, quarries and surface mining sites. (a) No portion of a new proposed residentially zoned or used property shall be located within a one-mile radius of the property lines of an existing active landfill. (b) No portion of a new proposed residentially zoned or used property shall be located within a one-mile radius of the property lines of an existing active transfer station. (c) No portion of a new proposed residentially zoned or used property shall be located within a 1½-mile radius of the property lines of an existing active quarry. (d) No portion of a new proposed residentially zoned or used property shall be located within a 500-foot radius of the property lines of an existing active surface mining site. Surface mining is defined as specified in O.C.G.A. § 12-4-72. - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Page 6 of 6 RZ12-19 – Revised Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations are reflected in red. Planning Commission recommendations are highlighted in yellow. (e) Any existing legal residential lot of record located within the radius requirements of subsections (a) through (d) of this section that does not change use or zoning classification is exempt from the requirements of this section. (f) Reference maps entitled "2005Z-0108 Environmental Standards for Unincorporated North Fulton" and "2005Z-0108 Environmental Standards for Unincorporated South Fulton" located online in the Fulton County GIS Map Catalog for locations of active landfills, transfer stations, quarries and surface mining sites. (g) Any owner of property located within a one-mile radius of the property lines of an existing active landfill or existing active transfer station or within a 1½-mile radius of the property line of an existing active quarry shall, prior to the sale or transfer of said property, notify and disclose in writing the existence of the landfill, transfer station, or quarry to the potential owner or transferee. Sec. 64-217. - Endangered species. Areas of confirmed, state department of natural resources listed, endangered plant and animal species throughout the city shall comply with the Federal Endangered Species Act of 1973. Secs. 64-218—64-235. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ12-19 AN ORDINANCE TO AMEND ARTICLE II, DIVISION 8, AS IT PERTAINS TO FENCING AND WALLS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Article II Division 8, as it pertains to fencing and walls of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of: RZ12-18 – To amend Chapter 64, Article VI, Division 2, AG-1 (Agricultural District) as it pertains to fencing. RZ12-19- To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. RZ13-02 – To amend Chapter 64, Article I, Sec 64-1, Definitions as it pertains to defining “Exterior Streets” Department Recommendation: The Community Development Department recommends approval of the above listed text amendments as discussed below. Executive Summary: The Mayor and City Council approved changes to the AG-1 (Agricultural) district regarding fencing at their March 19, 2012 meeting. These were in conjunction with amending regulations for barns in AG-1 (Agricultural) districts. Since that time, it has come to the attention of the Council that the new fencing requirements may not be appropriate for all properties in AG-1 (Agricultural). Staff was directed by Council to research how the Zoning Ordinance could be amended to allow other types of fences, other than equestrian type of fencing along roadways but still keep the overall feel of the equestrian/rural nature of the City. RZ12-18 – This text amendment only applies to properties zoned AG-1 (Agricultural). Within this text amendment, the goal was to allow other types of fencing (including opaque fencing) on the interior of platted subdivisions. But when those lots abut “exterior streets” such as Birmingham, Hopewell, and Freemanville Roads they will be required to provide the three or four board equestrian type fence. Staff has also contemplated that lots may want to have a “privacy” or non-equestrian fence along their rear or side property lines, in which case they would be required to plant a visual buffer so as the fence could not be seen from the public street throughout the year. RZ12-19 – This text amendment applies to all zoning districts within the City. Within this text amendment, the goal was to clean up the general requirements for fencing such as prohibiting the use of chain link fencing along right-of-ways, architectural treatment of poured concrete, and clarifying the maximum height of fences and walls. RZ13-02 – This text amendment was suggested after discussion at the December 19, 2012 Planning Commission Meeting. Items RZ12-18 and RZ12-19 needed to be deferred to allow RZ13-02 to be heard concurrently with the original text amendments. This text amendment defines the term exterior street within the definitions section of the ordinance. Staff proposes the following definition: “Exterior street means a street, either public or private that is not located within a subdivision or final plat.” Both subdivision and final plat are defined in the definitions section of the ordinance as well. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose not approve these text amendments and the existing requirements will remain. Legal Review: Paul Frickey – Jarrard & Davis (November, 2012) Concurrent Review: None Attachment(s): Text Amendments and Ordinances for RZ12-18, RZ12-19, and RZ13-02 Page 1 of 1 RZ13-02 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations reflected in red. Sec. 64-1 Definitions Exterior street means a street, either public or private that is not located within a subdivision or final plat. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-02 AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO CREATE A NEW DEFINITION, “EXTERIOR STREETS” CONTAINED WITHIN THIS SECTION BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1, definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-03 – To delete Article VII, Division 5A- Deerfield Plan of the Highway 9 Overlay District and concurrently adopt a new Article XX, Deerfield/Highway 9 Form Based Code Department Recommendation: The Community Development Department recommends approval of the above listed text amendment as discussed below. Executive Summary: The Mayor and City Council approved the GA 400/Deerfield LCI Plan on April 23, 2012 which provided the City an updated future land use plan for the area that included all of Deerfield and areas along Highway 9 just north of Bethany Bend. Based on the positive response to the Form Based Code in Crabapple, it was decided to adopt a Form Based Code for the Deerfield/Hwy 9 area to assist in the implementation of the LCI Plan. As in the Crabapple FBC process, a stakeholder group was created as well as various public meetings to discuss the new code. Attached is the latest version of the code for your review. If the Deerfield/Hwy 9 FBC is approved, it is also necessary to delete the section of the SR 9 Overlay District that contains the Division 5A – Deerfield Plan since the new FBC will be the new Overlay District for that area. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose not approve these text amendments and the existing requirements will remain. Legal Review: Paul Frickey - Jarrard & Davis (March, 2013) Concurrent Review: Public Works Department Attachment(s): Text Amendments and Ordinance for RZ13-03 RZ13-03 - Prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations reflected in red. Page 1 DIVISION 5A. - DEERFIELD PLAN OF THE HIGHWAY 9 OVERLAY DISTRICT Subdivision I. - In General Subdivision II. - Development Standards Subdivision III. - Architectural Design Subdivision I. - In General RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 2 Subdivision I. - In General Sec. 64-1100. - Purpose and intent. Sec. 64-1101. - Applicability. Sec. 64-1102. - Design review board. Sec. 64-1100. - Purpose and intent. The mayor and city council hereby declares it to be the purpose and intent of this division to recognize that the Deerfield Plan is located in the southeast portion of the City of Milton and serves as the primary commercial, office, and high density residential development within the city. In addition, the area was master planned with a specific aesthetic that is consistent throughout the area. It is the city's intent to preserve and encourage this aesthetic that includes, but is not limited to, landscaping, buildings, and parking, A site's natural assets and its relationship to its immediate surroundings should have a significant influence on the design. The Deerfield Plan is based on the physiographic features of the land, a nd each individual development parcel or project within the Deerfield Plan should realize this point and incorporate existing site specific characteristics such as vegetation, topography, hydrology and views. Topography, vegetation and hydrology are closely interrelated and have a direct effect on each other. Disruption to any one element will have repercussions to the others, which must be carefully considered. The inherent qualities existing within the Deerfield Plan can and should be incorporated into site planning and design efforts. (Ord. No. 11-04-92, § 1, 4-25-2011) Sec. 64-1101. - Applicability. (a) The Deerfield Plan is a section of the State Route 9 Overlay District that applies to all parcels as represented in the map titled "Deerfield Area." If standards are not specified in the State Route 9 Overlay District, then this zoning ordinance shall apply. If standards are not specified in the Deerfield Area section, then standards of the State Route 9 Overlay District shall apply. (b) Whenever provisions of this division conflict with this zoning ordinance or any other city ordinances, or regulations, these standards shall prevail. (Ord. No. 11-04-92, § 1, 4-25-2011) Sec. 64-1102. - Design review board. The city overlay district design review board, as set forth in section 64-1120 of this zoning ordinance shall review all plans for development except detached single -family residential in the Deerfield Area for compliance with the standards herein prior to the approval of a land disturbance permit, building permit or demolition perm it for both residential and nonresidential structures. The design review board shall only make recommendations to the board of zoning appeals for primary variances. (Ord. No. 11-04-92, § 1, 4-25-2011) RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 3 Subdivision II. - Development Standards Sec. 64-1103. - Circulation and parking. Sec. 64-1104. - Natural vegetation areas. Sec. 64-1105. - Street tree specifications. Sec. 64-1106. - Pedestrian circulation. Sec. 64-1107. - Building setbacks and heights. Sec. 64-1103. - Circulation and parking. Guidelines for vehicular circulation and parking consider the safety and aesthetic factors relati ve to the movement of vehicles in order to minimize conflicts between vehicles and pedestrians, to limit paved areas and to screen and soften the visual impact of parking areas, both interior and edges. (a) Surface parking: (1) Minimum space between buildings and parking: 20 feet. (2) Minimum space between peripheral parking and right-of-way or adjacent property: 30 feet except for retail-zoned land which shall have a 50-foot minimum buffer (consisting of a 25- foot undisturbed buffer and a 25-foot nonimpervious surface buffer). (3) At least one, nine-foot-wide minimum landscape island shall be provided for every 15 parking spaces. (4) Minimum size of tree islands, nine-foot width. Does not count as open space unless larger than 500 square feet. (5) Curbing (continuous concrete) required in all parking areas. (6) Tree quantities and sizes must meet those required by the Tree Preservation Ordinance in chapter 60, article II unless otherwise required by section 64-1105 (7) Screening and other planting requirements in section 64-1092 (8) Spaces at perimeter curbs may be shorted to account for car overhang. Consider appropriate landscape and/or sidewalk width adjacent to such overhang. (9) Divided parking areas into sections with capacities of not more than 200 cars each, separated by landscape buffer areas at least 20 feet wide. (b) Parking structures: (1) Exterior design must be architecturally harmonious with development. (2) Screening at perimeter of deck shall be provided at grade level so that vehicles are screened up to a height of three feet six inches. (3) Any ramp drive entry or exit from a parking structure shall end a minimum of 25 feet from the side property line, 50 feet from front property line and 45 feet from rear property line. (4) All parking spaces must be delineated with painted lines. (Ord. No. 11-04-92, § 1, 4-25-2011) RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 4 Sec. 64-1104. - Natural vegetation areas. All established, forested areas are to remain undisturbed unless approval for any changes to vegetation is obtained as a part of the design review process. Natural ar eas will be required to be preserved in certain locations. These areas may occur along parkways, roadways, streams and drainage features, hedgerows, to serve as a buffer between dissimilar land uses and for visual and/or noise attenuation. Such areas will be preserved as natural (undeveloped) reserves. These areas will require the following procedures: (a) Clearing limit lines of natural areas and specimen trees to be preserved shall be clearly delineated on all plans; (b) Trees or vegetative areas that are to remain undisturbed shall be protected with an orange fence. Such fencing shall provide adequate protection for all trunks branches and root systems, prior to the use of grading equipment. Fencing shall not be removed until commencement of landscape planting. (c) When areas of natural vegetation occur within 20 feet of the point of intersection of vehicular drives and streets, vehicular drives and pedestrian walks or two or more drives or streets, the vegetation shall be limited to a height not to exceed three feet, or in the case of trees, no branches below six feet. (d) In general, areas of natural vegetation may be cleared of undergrowth; however, the limit and extent of such clearing must be reviewed and approved by the city arborist prior to commencement of such work. (e) All landscape areas (greater than 500 square feet) or natural areas constitute open space. A minimum of 30 percent unobstructed open space is required upon each land parcel, except as specified for multi-residential: (1) Forty percent aggregate floor maximum for all buildings and parking; (2) Twenty-five percent unobstructed space (landscape surface ratio); (3) Twelve dwelling units per acre gross density. (Ord. No. 11-04-92, § 1, 4-25-2011) Sec. 64-1105. - Street tree specifications. Street trees shall be provided along the road frontages as follows: (a) Deerfield Parkway shall have Willow Oak, planted just behind the right-of-way spaced 50 feet on center. (b) Morris Road and McGinnis Ferry Road shall have Legacy Sugar Maple 50 feet on center planted just behind the right-of-way. (c) Webb Road shall have October Glory and Red Sunset Maples 50 feet on center planted just behind the right-of-way. (The species should alternate in groups of three trees.) (d) Road "B" cul-de-sac shall have October Glory Red Maple planted just behind the right-of-way spaced 50 feet on center. (e) Windward Parkway and GA Highway 9 frontage shall have a combination of October Glory and Red Sunset Maples with flowering cherries and dogwood. These plantings and layouts must be pre-approved by the owner and landscape architect prior to installation. RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 5 (f) All street trees shall be a minimum of five-inch caliper at the time of planting. All layouts must be approved by owner and landscape architect prior to installation. (Ord. No. 11-04-92, § 1, 4-25-2011) Sec. 64-1106. - Pedestrian circulation. Sidewalks for primarily pedestrian use shall have an unobstructed width of at least six feet and shall be provided as per city standard. All sidewalks shall meet a ccessibility standards for disabled users as required by appropriate government authorities. When multiple uses are anticipated on the same walk/trail, the width shall be increased to minimize conflicts between the various users. Twelve-foot widths are recommended in such instances, with an eight-foot minimum, to accommodate multiple uses: (a) Special requirements for pedestrian circulation: (1) Multifamily development shall incorporate pedestrian walkways throughout, including pedestrian circulation in public right-of-ways adjacent to each property. (2) All commercial areas shall provide adequate pedestrian circulation within the parcel development, as well as the public right-of-way pedestrian circulation network adjacent to each property. (b) Sidewalk specifications: All landowners shall provide for street trees along the road frontages as follows: (1) Deerfield Parkway shall have installed, along all frontages of properties, a sidewalk along the eastern side and bike path along the western side. (2) The sidewalk shall be a minimum of six feet in width and meander along the trees, Each site must maintain at least a 20-foot landscape buffer from the back of the meandering sidewalk. (3) The bike path shall also meander among the street trees similar to the picture below. RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 6 (4) All properties fronting Morris Road shall have a sidewalk five feet in width and meandering through street tree plantings. (5) Crosswalks shall be installed along with handicap ramps as required by the city. (6) Bike paths will not be permitted on Morris Road. (7) All bike paths and sidewalks shall be constructed of 2,800 psi concrete with light broom finish, control joints at five feet on center, and expansion joints eight feet on center. (8) All edges, control joints and expansion joints shall have a 1¼ picture frame tooled and light broom finish. (Ord. No. 11-04-92, § 1, 4-25-2011) Sec. 64-1107. - Building setbacks and heights. (a) All parcels that front Deerfield Parkway, Morris Road, and Webb Road shall meet the underlying zoning district requirements for building setbacks and not the State Route 9 Overlay District Standards. (b) There shall be a maximum of two stories with a maximum height of 30 feet from average finished grade to the bottom of the roof eave, excluding Morris Road and Deerfield Parkway. (Ord. No. 11-04-92, § 1, 4-25-2011) RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 7 Subdivision III. - Architectural Design Sec. 64-1108. - Exterior building materials and roof design. Secs. 64-1109—64-1118. - Reserved. Sec. 64-1108. - Exterior building materials and roof design. (a) The exterior wall materials of all nonresidential buildings located on Morris Road, Webb Road and Deerfield Parkway shall include brick, stone, pre-cast concrete, wood, glass and granite. (b) Roof-mounted mechanical equipment, vents and stacks shall be screened. (c) Long runs of exposed ductwork, pipes, conduit or other similar items are prohibited. (d) Any appurtenances that must be roof -mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. (e) All rooftop appurtenances shall be painted to be compatible with the building architecture. (f) Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Structural elements shall be screened. (g) Roofing material and color shall be compatible with building and surroundings. (Ord. No. 11-04-92, § 1, 4-25-2011) RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 8 RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 9 STATE ROUTE 9 OVERLAY DISTRICT MAP RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 10 RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 11 DEERFIELD PLAN MAP RZ13-03 - Prepared for the City of Milton Planning Commission Meeting on February 26, 2013 Page 12 Secs. 64-1109—64-1118. - Reserved. Page 1 of 1 DEERFIELD/HIGHWAY 9 FORM BASED CODING February 21, 2013 SUMMARY OF COMMENTS AND REVISIONS The following is a summary of stakeholder comments and revisions, as applicable, which have informed revisions to the draft Deerfield Form Based Code V3. These changes are reflected in Draft Deerfield Form Based Code V4. Section 1.7.2 - TDR Sending Site Map At the request of a Planning Commission member, whether or not the Open Space TDR Sending Site described in this section could be shown on the Regulating Plan was explored and found to be unfeasible given space limitations. However, a map of said parcels was prepared and should be kept on file in the Community Development Department for reference purposes. Section 4.16 - Architectural Standards At the request of Planning Commission and Design Review Board members, standards for commercial, mixed-use, and multifamily buildings were expanded, and new standards for single-family homes created. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS 2.3 LANDSCAPE BUFFERS ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES ARTICLE 4. LOT AND BUILDING PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE-THROUGH STANDARDS 4.14 GASOLINE STATION STANDARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2 MODIFCATION TO NON- CONFORMING PROPERTIES TABLE 3A VEHICULAR LANE DIMENSIONS TABLE 3B VEHICULAR LANE/PARKING ASSEMBLIES TABLE 4A PUBLIC FRONTAGES - GENERAL TABLE 4B PUBLIC FRONTAGES – SPECIFIC EXISTING THROUGHFARES TABLE 4C PUBLIC FRONTAGES – SPECIFIC EXISTING THOROUGHFARES TABLE 4D PUBLIC FRONTAGES – SPECIFIC NEW THOROUGHFARES TABLE 4E THOROUGHFARE ASSEMBLIES TABLE 5 CIVIC SPACE TABLE 6 BUILDING FORM - HEIGHT TABLE 7 BUILDING PLACEMENT TABLE 8 PRIVATE FRONTAGES TABLE 9A BUILDING FUNCTION TABLE 9B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 10 SPECIFIC FUNCTION & USE TABLE 11 CODE SUMMARY TABLE 12A CODE GRAPHICS - T3 TABLE 12B CODE GRAPHICS - T4 TABLE 12C CODE GRAPHICS - T5 TABLE 12D CODE GRAPHICS – T6 TABLE 13 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 2 ARTICLE 1. GENERAL 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That the Deerfield/Highway 9 area is the focal point for high-quality, mixed-use development in the City of Milton as established in the Highway 9/Georgia 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan. b. That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length and number of automobile trips. d. That development patterns should support future premium transit facilities along Georgia 400. e. That a range of high-quality and aesthetically compatible housing options should be provided to accommodate different needs in the community. f. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. g. That the quality-of-life in existing neighborhoods should be preserved and protected. h. That development patterns should enable children to safely walk or bicycle to school. i. That a range of useable open spaces including parks, squares, playgrounds, and preserved environmentally sensitive areas should be distributed throughout the Deerfield/Highway 9 area. j. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. k. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. l. That community design should reinforce safe environments, but not at the expense of accessibility. m. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. n. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. o. That the harmonious and orderly development and redevelopment of the Deerfield/Highway 9 area of should be secured through form-based codes. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 13 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Deerfield/Highway 9 Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 The standards for Transect Zone T5 shall also apply to zone T5-Limited except as specifically indicated. 1.3.6 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by the standards of the base zoning as indicated on the Deerfield/Highway 9 Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 The city design review board, as set forth in Section 64-1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64- 1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. 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 due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 4 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the planning commission, mayor, and city council shall process the requested Warrants and Variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 11 section a.) b. The permission to build Accessory Buildings. c. The Function and use requirements of Tables 9 and 10 except were a Warrant is indicated therein. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. 1.6.9 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward Density calculations. 1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 11 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 5 areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within this district or 2 acres in size and located outside this district but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend. With the exception of the parcels described in the preceding sentence, all other Open Space TDR Sending Sites shall be a minimum of 5 acres in size and zoned AG-1 outside this district. All Open Space TDR Sending Sites shall contain natural or agricultural features whose retention would implement Milton’s goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the date of adoption of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this ordinance meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside this district. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/ organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 6 instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. One TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25. c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: 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 in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 7 Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites designated by the City. Parcels located within the Maximum Two Story Height Zone designated within this district shall not serve as TDR Receiving Sites. TDR Receiving Site owners can build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use TDR to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of four building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving Sites. 1.7.10 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 8 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Deerfield/Highway 9 Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces c. Thoroughfare network, existing and planned d. A differentiation of existing Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. e. Special Districts f. A zone where the maximum height of buildings shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District, as indicated by the Maximum Two-Story Building Height Zone. g. A zone where the maximum height of buildings shall be 12 stories regardless of Transect Zone or Special District, as indicated by the Maximum Twelve-Story Building Height Zone. 2.1.2 The Deerfield/Highway 9 Regulating Plan is an exclusive and mandatory regulation. Property owners within the plan area shall submit Building Scale Plans under Article 4 in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Deerfield/Highway 9 Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Deerfield/Highway 9 Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article VIX in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. A differentiation of the Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. Newly-created B-Grids are only allowed in Zone T5, Zone T6, and Civic Zones. The Frontages assigned to the B-Grid shall not exceed 70% of the total length of Frontages within the combined area of the Infill Regulating Plan’s T5, T6, and Civic Zones. f. Special Requirements, if any g. Designation of a mandatory Setback for buildings from any lot line, if any h. Mandatory Private Frontages, if any DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 9 i. Landscape buffers required by Section 2.3, if any 2.2.3 The following elements shall not deviate from those established in the Deerfield/Highway 9 Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Deerfield/Highway 9 Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. 2.2.5 Each Infill Regulating Plan for a site greater than 8 acres in area shall dedicate at least 10% of its total area to Civic Space. 2.2.6 Civic Space shall be designed as generally described in Table 5 and as allowed in the Transect Zones in accordance with Table 11 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non- conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Cul- de-sacs are allowed only by Warrant to accommodate specific site conditions. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this district except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within this district, the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements may be granted only by Variance. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 10 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Deerfield/Highway 9 Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Deerfield/Highway 9 Regulating Plan may be provided. c. Sites of more than 4 acres shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle facilities, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare’s vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Thoroughfares along a designated B-Grid may be exempted by Warrant from one or more of the specified Public Frontage or Private Frontage requirements. See Tables 8. 3.1.8 Rear Alleys and Rear Lanes shall be provided where required by Table 11 section c. 3.1.9 Rear Alleys shall be paved for their width. 3.1.10 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and shall have no raised Curb. 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 11 3.3 THOROUGHFARES - BICYCLE FACILITIES 3.3.1 A bicycle network consisting of Greenways (which may include Multi-Use Trails) and Bicycle Lanes shall be provided as specified in the Deerfield/Highway 9 Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Deerfield/Highway 9 Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5, T6 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, trees, and a Landscape Strip where required. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 4A, Table 4B, and Table 4D and allocated within Transect Zones, where applicable, as specified in Table 11 section c. c. Retrofit of existing Thoroughfares i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, adding a required Landscape Strip, and adding any required Greenways. ii. Retrofit of State Route 9, Windward Parkway, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road may also be accomplished in the Public Frontage by adding one Slip Road along one or both sides of the Thoroughfare utilizing one of the Thoroughfares identified as suitable for a Slip Road in Table 3B. Where this occurs Public Frontage improvements required along the existing Thoroughfare shall be provided, and additional Public Frontage improvements shall be provided along one side of the new Thoroughfare adjacent to the private lot as illustrated in Table 4C. iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.12. e. Street trees shall be provided in the Public Frontage Planter and required Landscape Zone, subject to the following: i. Along Highway 9 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. g. Sidewalks shall continue across the entire length of all concrete aprons and shall match the appearance of adjacent Sidewalk material in color, texture, and design. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 12 3.4.3 Specific to zones T3, T4, T5, T6 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species per street with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5, T6 a. Street trees shall be planted in a regularly-spaced Allee pattern of single species per street with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to State Route 9, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall be as set forth below and in Table 4B except as otherwise required by the Georgia Department of Transportation or the director of public works. b. The Public Frontage shall include a Landscape Strip with a minimum width of 20 feet between the Sidewalk and the Frontage Line. Street trees shall be located in the Landscape Strip and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. Walkways may traverse the Landscape Strip. c. Street trees shall be a minimum of 5 inch caliper at the time of planting. 3.4.7 Specific to State Route 9 a. Areas with a speed limit equal to or lower than 35 miles per hour shall provide Sidewalk with a minimum width of 8 feet and a Planter having a width of 10 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Areas with a speed limit greater than 35 miles per hour shall provide a Sidewalk with a minimum width of 8 feet and a Planter with a width of 4 feet. Street trees are not required in the Planter. c. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwood shall be planted. 3.4.7 Specific to Windward Parkway a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average minimum width of 6 feet. b. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwoods shall be planted. 3.4.8 Specific to Deerfield Parkway a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average minimum width of 6 feet. b. The Sidewalk shall meander along the trees. c. Willow Oaks shall be planted in the Landscape Strip. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 13 3.4.9 Specific to Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average minimum width of 6 feet. b. Morris Road and McGinnis Ferry Road: Legacy Sugar Maples shall be planted. c. Webb Road: October Glory and Red Sunset Maples shall be planted and shall alternate in groups of three trees by species. d. Old Morris Road: October Glory Red Maples shall be planted. e. Cogburn Road and Bethany Bend: No species requirements exist. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Deerfield/Highway 9 Regulating Plan, on an Infill Regulating Plan, or on a site subject to Section 3.5.2(a) or 3.5.2(b) as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. c. Civic Spaces shall be designed as described in Table 5 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting one or more Thoroughfares, except for Playgrounds and Parks. 3.5.3 Civic Spaces shall provide pedestrian access to adjacent Thoroughfares and sites as follows: a. One or more access points shall be provided every 200 feet of Civic Space perimeter along a Thoroughfare, and provided that no single Thoroughfare shall have less than one access point. b. One or more access points shall be provided every 600 feet of Civic Space perimeter along an adjacent site. Relief from this requirement may be granted by Warrant where the adjacent site cannot accommodate said access. c. For the purposes of this section an access point may include a walkway, Multi-Use trail, or other paved or unpaved surface suitable for walking. 3.5.4 Any street furniture, benches, trash receptacles or pedestrian street lights installed in a Civic Space must be of a type indicated below or similar as approved by the city design review board. a. Benches: Victor Stanley Classic Series CR-138 in black with no center arm rest. b. Trash receptacles: Victor Stanley D-35 in black. c. Pedestrian street light: Philips Lumec Domus Series. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 14 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of this Article. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Deerfield/Highway 9 Regulating Plan. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Non-conforming properties shall comply with Section 64-74 except as indicated to the contrary below. 4.2.2 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that shall apply. 4.2.3 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.4 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code (as illustrated in Table 2). 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Deerfield/Highway 9 Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 8. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 8). A Gallery Frontage may be combined with a Retail Frontage. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 15 c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as illustrated in Table 8). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 8) be coordinated as a single, coherent landscape and paving design. e. A cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5, T6 a. Newly platted lots shall be dimensioned according to Table 11 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 7 and Table 11 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 11 and Table 13 subject to the following: i. Front Setbacks shall be measured from the Frontage Line. ii. Side and Rear Setbacks shall be measured from the Lot Line. iii. The requirements of Table 11 and Table 13 notwithstanding, all of a portion of any required Landscape Strip may be counted towards meeting a minimum Front Setback by Warrant. iv. As otherwise approved by Warrant. d. The requirements of Table 11 and Table 13 notwithstanding, along State Route 9 certain buildings may be placed subject to the following requirements: i. Buildings between 10,000 and 50,000 square feet may be located a maximum distance of 100 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. ii. Buildings 50,000 square feet or greater may be located a maximum distance of 300 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. e. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 13 except as set forth in Section 4.4.1(d) for certain sized buildings along State Route 9 or as otherwise approved by Warrant. f. Lot coverage by building shall not exceed that recorded in Table 11 section e except as otherwise approved by Warrant. g. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 11 section f. These requirements shall not apply to buildings subject to Section 4.4.1(d) or as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 11. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 11 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 16 4.4.2 Specific to zones T5 and T6 a. The Principal Entrance shall be on a Frontage Line except as set forth in Section 4.4.1(c) for certain sized buildings along State Route 9. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5, T6 a. Private Frontages i. The Private Frontage for buildings subject to Section 4.4.1(d) shall conform to Table 8 and Table 11, except that the edge of an Open Parking may be substituted for the Thoroughfare. ii. The Private Frontage of all other buildings shall conform to Table 8 and Table 11. b. Buildings on corner Lots shall have two Private Frontages as shown in Table 13. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. c. Building heights and Stepbacks shall conform to Table 6 except that: i. Within the Maximum Two-Story Building Height Zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. ii. Within the Maximum Twelve-Story Building Height Zone the maximum height shall be 12 stories, regardless of Transect Zone or Special District. iii. Within 85 feet of a T2 zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. d. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. e. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. f. In a Parking Structure each above-ground level counts as a single Story regardless of its relationship to habitable Stories. g. Building height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. h. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. i. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer’s depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer’s depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer’s depth. 4.5.4 Specific to zones T5, T6 a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 17 b. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer’s depth. c. Along A-Grids, in the absence of a building Facade along any part of a Frontage Line a Streetscreen shall be built co-planar with the Facade. d. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. e. A walkway with a minimum width of 4 feet shall connect all building entrances to the public Sidewalk. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. 4.6 BUILDING FUNCTION 4.6.1 General to zones T2, T3, T4, T5, T6 a. Buildings in each Transect Zone shall conform to the Functions on Table 9A, Table 10 and Table 11. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 10. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 9A. 4.6.3 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 9A. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 9A. 4.6.5 Specific to zone T5-Limited a. Retail Functions shall only be permitted in buildings having two or more Stories and shall be limited to the first Story. No individual Retail establishment shall exceed 15,000 square feet in floor area. b. The Functions standards of T5 shall apply to all non-Retail Functions. 4.6.6 Specific to zone T6 a. Apartments shall only be permitted subject to use permit and as follows: i. In buildings where the entire first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function, or ii. On sites where more than 50%t of the total floor area is dedicated to Office, Retail, or Lodging Functions. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. General to zones T2, T3, T4, T5, T6 i. Chainlink fencing is prohibited from view from a public Thoroughfare and shall be black or hunter green vinyl clad. ii. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 18 b. Specific to the First Layer in all zones along State Route 9 and Windward Parkway i. A continuous fence is required in the First Layer except at driveway and pedestrian walkway openings. Said fence shall also include a minimum 3 foot wide landscaped zone on the exterior of the fencing, which may be included within any required Landscape Strip. ii. Fences and posts shall be between 42 and 55 inches in height measured from finished grade. iii. Allowed fencing material shall be primarily pressure treated dark stained wood and may include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Accents shall not exceed 20% of the total surface area of the fence and any openings within it. Fencing shall be in keeping with the equestrian and rural character of Milton. Unpainted or unstained pressure treated wood is prohibited. c. Specific to zones T2, T3, T4 except the First layer along State Route 9 or Windward Parkway i. Where permitted within the First Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas or loading docks. d. Specific to zones T5, T6 except the First Layer along State Route 9 or Windward Parkway i. Within the first Layer, fences, walls and hedges shall not exceed 55 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and may be 100% opaque. 4.7.2 The following elements shall be screened from view of any A-Grid or Civic Space as set fourth below. To comply with the maximum height requirements above, any screening that exceeds the maximum requirements for the First Layer shall not be located within it. a. Loading docks and service areas shall be screened by either: i. A minimum 6 foot high opaque fence matching the material of the building; or ii. A 15 foot wide landscape zone planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. b. Open Parking or gas fueling bays shall be screened by a continuous screen of evergreen plantings. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 to 8 feet in width at maturity. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from an A-Grid, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be 1 foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property used or developed for Residential Functions, by one of the following means: a. Placement behind the building; DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 19 b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.5 Detention/retention ponds shall have a minimum 10 foot wide landscape area planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. When required, fencing material around detention/retention ponds shall meet the fencing requirements of Section 4.7.1(c) or as approved by Warrant. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8.3 Above-ground stormwater management shall be designed to create a natural look. 4.9 OFF-STREET PARKING AND LOADING 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off-street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.5 Sites which exceed 100% of the minimum number of required off-street parking spaces by this zoning ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply to excess spaces locating within a Parking Structure. Where a site contains both Parking Structures and Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum number of required off-street parking spaces before those in Open Parking area. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4, T5, T6 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open Parking areas on A-Grids shall be screened from the Public Frontage by a building, Streetscreen, or in accordance with the requirements of Section 4.7.2. c. Open Parking areas on B-Grids may be unscreened from the Public Frontage except for corner lots at intersections with the A-Grid. d. Rear Alleys, Rear Lanes, and Driveways on adjacent sites shall connect to provide inter-parcel access to minimize curb cuts and improve street traffic flow. 4.10.2 Specific to zones T2, T3 a. Open Parking areas shall be located at the Second and Third Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First Layer. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 20 b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.10.4 Specific to zone T4 a. All parking lots and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T5, T6 a. All parking lots and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures on the A-Grid shall have Liner Buildings lining the first and second Stories. 411 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4, T5, T6 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 11 section e. 4.11.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.10.2 and Section 4.10.3. 4.11.3 Specific to zone T3 a. A minimum of two trees approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4 a. A minimum of one tree approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 Specific to zone T5, T6 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.11.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa)Alternanthera philoxeroides (alligator weed) c. Eichhornia crassipes (water hyacinth) d. Elaegnus pungens (thorny olive) e. Elaeagnus umbellate (autumn olive) f. Hedera helix (English ivy) g. Hydrilla verticillata (hydrilla) h. Imperata cylindrical (congongrass) i. Lespedeza bicolor (shrubby lespedeza) j. Lespedeza cuneata (sericea Lespedeza) DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 21 k. Ligustrum japonicum (Japanese privet) l. Ligustrum sinense (Chinese privet) m. Lonicera japonica (Japanese honeysuckle) n. Lonicera maackii (amur honeysuckle) o. Lygodium japonicum (Japanese climbing fern) p. Melia azedarach (chinaberry) q. Microstegium vimineum (Nepalese browntop) r. Miscanthus sinensis (Chinese silvergrass) s. Murdannia keisak (marsh dayflower) t. Nandina domestica (sacred bamboo) u. Paulownia tomentosa (princess tree) v. Phyllostachys aurea (golden bamboo) w. Pueraria Montana var. lobata (kudzu) x. Rosa multiflora (multiflora rose) y. Sesbania herbacea (bigpod sesbania) z. Sesbania punicea (red sesbania) aa. Spiraea japonica (Japanese spiraea) bb. Triadica sebifera (Chinese tallow tree) cc. Vinca major (big periwinkle) dd. Vinca minor (common periwinkle) ee. Wisteria sinensis (wisteria) 4.12 LIGHTING STANDARDS 4.12.1 A lighting plan shall be submitted for approval prior to the issuance of a land disturbance permit. 4.12.2 All site lighting shall be designed so that the illumination as measured in footcandles at any one point meets the following standards: a. Minimum and maximum levels are measured at any one point. b. The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. c. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. d. If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 4.12.3 Future renovations, upgrades, or additions to existing facilities prior to the effective date of this code shall not exceed the following illumination levels. The entire site must be bought into conformance with this section should a renovation, upgrade, or addition occur that would require a land disturbance permit. a. Areas for display of outdoor merchandise i. Minimum level footcandles: 1.0 ii. Average level footcandles: 5.0 iii. Maximum level footcandles: 10.0 b. Open Parking serving Commercial functions i. Minimum level footcandles: 0.6 DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 22 ii. Average level footcandles: 2.4 iii. Maximum level footcandles: 10.0 c. Open Parking serving Residential Functions i. Minimum level footcandles: 0.2 ii. Average level footcandles: 1.5 iii. Maximum level footcandles: 10.0 d. Walkways and Thoroughfares i. Minimum level footcandles: 0.2 ii. Average level footcandles: 2.0 iii. Maximum level footcandles: 10.0 e. Landscapes and decorative i. Minimum level footcandles: 0.0 ii. Average level footcandles: 0.5 iii. Maximum level footcandles: 5.0 4.12.2 Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture or equivalent. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts or equivalent. Canopy lighting shall be cut- off down directional a maximum of 250 watts or equivalent. Canopy lighting shall be cut-off luminaries with maximum lamp wattage of 400 watts or equivalent. 4.12.3 Sodium vapor, exterior neon, and colored lights are prohibited. 4.12. 4 Shoe box, and cobra head lighting fixtures, as typically used in parking area lighting, and exposed neon lighting as typically used on building Facades and architectural features are prohibited. 4.12.5 Only fluorescent, metal halide, mercury vapor, shrouded spots, LED, natural gas, and walkway lights are allowed. 4.12.6 Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a Special District, a T2 Zone, T3 Zone, T4 Zone, T5-R Zone, or a single-family residential use not located within this district shall be a Type Four (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain., splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) and forward throw distribution. 4.12.7 As an exception to the prohibition in Section 4.12.5 each commercial establishment shall be entitled to a single exposed neon or LED sign which may only be illuminated during periods when the commercial establishment is open for public business. Such sign shall have a maximum sign face of two square feet, and shall be positioned on the interior as a window sign no more than five feet from the main entrance of the commercial establishment. Please note that the sign is expressly prohibited from blinking, flashing, or fluctuating and may not be animated in any way. 4.12.8 Thoroughfare, Open Parking, and walkway lighting and poles shall be the Philips Lumec Domus series in black or similar, or as approved by the city design review board. Within these areas, lights shall include decorative skirts or aprons. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 23 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13.4 Drive-through facilities shall be considered Accessory Structures to a building. 4.13.5 Drive-through facility queuing shall be prohibited in a Thoroughfare. 4.14 GASOLINE STATION STANDARDS 4.14.1. Gasoline station canopies and pumps: a. Shall be located to the side, or rear of the Principal Building. b. Shall be buffered from adjoining Residential Functions with a Streetscreen. c. Pump canopies shall be located the greater of: i. 300 feet from any interior side or rear Lot Line that adjoins a Residential Function, or ii. 100 feet from any Special District, T2 Zone, or AG-1 zoned property. d. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. e. Pump canopy fascia shall be between 24 and 30 inches in height. f. Pump canopies shall not exceed 18 feet as measured to the top of the structure. g. Pump canopies shall be compatible with the color, texture, material, and architectural design of the Principal Building. h. Pump canopy support columns shall match the color, texture, and material of the Facade of the Principal Building. i. Pump canopies, canopy support columns, and pump shall not be internally illumination. 4.14.2 Accessory carwashes shall match the color, texture, material, and architectural design of the Principal Building. 4.14.3 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.4 Lighting shall be shielded to direct light and glare onto the lot where the gas/fueling station is located. 4.14.4 Intercom or speaker systems shall only be utilized for the purpose of communications between employees and customers and shall direct sound away from adjacent Residential Functions. 4.15 SIGN STANDARDS 4.15.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings except single-family residential, unless otherwise approved by Warrant by the community development director after consultation with the City Architect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings – Facade composition a. The Principal Entrance of a building shall be articulated and expressed in greater architectural detail than other buildings entrances. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 24 b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. e. Long runs of exposed ductwork, pipes, conduit or other similar items are prohibited. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings – Façade composition a. Facades shall have incorporate windows and doors as follows: i. that Windows and door shall be provided for an area equal to at least 25% of the Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. This percentageThe above requirement may be reduced by Warrant where a Ffacçade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Façade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this requirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. . b. Facade articulation i. Facades over 100 50 feet in length shall incorporate wall projections or recesses a minimum of 5 feet12 inches in depth and a minimum of 20 feet in length per 100 feet of Facade length. The combined length of said recesses and projections shall constitute at least more than 20% but less than 40% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Façade length. This shall be accomplished through: a. A change of façade material from grade to the roof, or b. A change in façade composition from grade to the roof, or c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements i. Enfronting Facades shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line, and building offsets. ii. On corner lots the architectural treatment of a building’s intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form at the corner, or providing other architectural embellishments at the corner. iii. First story Facades of all buildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. iv.v. Facades above the first story of all buildings shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two- or three-part Facades. Horizontal zones in the DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 25 Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part façade consists of: a Base zone (first story) b. Shaft zone (all other stories) viii. A three-part façade consists of: a. Base zone (first story) b. Shaft zone (middle stories) c. Cap zone (upper stories or cornice) d. Addition non-Enfronting Facade requirements. i. First story Facades of all buildings shall comply with the requirements set forth for Enfronting First story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate windows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings - Facade materials a. No more than three different materials, textures, colors, or combination thereof may be used on a single building, excluding windows, doors, porches, balconies, foundations, awnings, or architectural details, or required by Warrant in lieu of windows and doors as set fourth in Section 4.16.4(a)(ii).. b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood, glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or fiber cement siding. f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance factor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. f. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Façade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with façade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings – colors a. Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system b. White c. Black d. Browns, beiges and tans DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 26 i. 462C - 468C ii. 4625C - 4685C iii. 469C, 474C, 475C iv. 4695C - 4755C v. 478C vi. 719C - 724C vii. 725C - 731C viii. 476U - 482U ix. 719U - 725U x. 726U - 732U e. Reds i. 483C, 484C ii. 7411C - 7414C iii. 7515C - 7519C iv. 7522C - 7526C f. Grays i. 400C - 432C g. Greens i. 553C - 554C ii. 560C - 561C iii. 614C - 616C iv. 3302C - 3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C - 5527C vii. 3305U, 3308U, 335U viii. 336U, 341U - 343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings – roofs a. Specific to zones T2, T3, T4 iii. Flat roofs shall be screened from the view of public and private streets by a parapet. iv. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the community development director. v. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. vi. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. vii. Townhouse and duplex building rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. viii. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. e. Specific to zones T5, T6 i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 27 shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking.b. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set fourth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single-Family houses. 4.16.9 Specific to Single-Family Houses a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set fourth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed-Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding, and synthetic stone veneer, and dry-stacked stone are prohibited. v. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vi. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations i. Foundations shall be constructed as a distinct building element that contrasts with Façade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 28 surface to sash and muntin face shall be a minimum of 0.75 inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, strone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches i. A stoop or porch shall be provided and shall not be enclosed with screen wire, plastic, glass, mesh, or similar materials. ii. Porch and stoop columns shall have a minimum width of 8 inches. iii. Porch and stoop steps shall have enclosed risers. h. Roofs i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5:12 and 12:12. This does not apply to dormers, porches, and roofs not visible from a street. iii. Roofs shall include eaves projecting between 12 and thirty 36 inches. DEERFIELD FORM-BASED CODE – V4 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Dooryards, Forecourts, Shopfronts, Galleries and Arcades Typical Building Height:1- to 4-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping T-6 URBAN CORE General Character:Medium to high-Density Mixed Use buildings, entertainment, Civic and cultural uses. Attached buildings forming a continuous street wall; trees within the public right-of-way; highest pedestrian and transit activity Building Placement:Shallow Setbacks or none; buildings oriented toward the street, defining a street wall Frontage Types:Stoops, Dooryards, Forecourts, Shopfronts, Galleries and Arcades Typical Building Height:4-plus Story with a few shorter buildings Type of Civic Space:Parks, Plazas and Squares; median landscaping T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. T-6 Urban Core Zone consists of the highest density and height, with the greatest variety of uses. It may have larger Blocks; streets have steady street tree planting and buildings are set close to wide sidewalks. Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. 29 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton T5 T6 T6 T5 T6 y Keep existing building and drive-thru and add Liner Buildings in front of building to engage the Thoroughfare, or y Replace building T5 T6 T5 T6 y Keep gas station building and pumps and build a new building at the intersection, or y Eliminate the gas station building, but keep the pumps and increase them, while building a new building at the intersection T5 T6 T5 T6 y Keep existing building and add Liner Buildings in front of it to engage the Thoroughfare y Convert frontal parking into Forecourt and add on-street parking to existing the Thoroughfare T5 T6 T5 T6 y Infill the frontal parking with new Liner Buildings and streets terminating on the existing building; retain current building use or convert to new use y Infill the frontal parking with new Liner Buildings and streets terminating on the existing building; reconfigure existing buildings for new use T4 T5 T6 T4 T5 T6 y Infill the frontal parking lot with senior housing; add on-street parking to existing Thoroughfare y Create a street and Civic Space with Liner Buildings terminating on the existing religious building; add on-street parking to the existing ThoroughfareBIG BOX OR OFFICE BUILDINGRELIGIOUS BUILDINGDRIVE-THRUNON-CONFORMING PROPERTY STRIP CENTERTABLE 2: Modification to Non-Conforming Properties. This table provides descriptions of changes to non-conforming properties that result in conformance with the specifications of this code. Other changes to decrease the degree of non-conformity are also possible. CONFORMING MODIFICATION GAS STATIONPOSSIBLE TECHNIQUES 30 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton DESIGN SPEED TRAVEL LANE WIDTH T2 T3 T4 T5 T6 25-35 mph 10 feet ■■■■■■BY RIGHT 25-35 mph 11 feet ■■■□BY WARRANT Above 35 mph 12 feet ■■■ DESIGN SPEED PARKING LANE WIDTH 25 mph (Angle 18 feet)■■ 25 mph (Parallel) 7 feet ■ 25-35 mph (Parallel) 8 feet ■■■■ Above 35 mph (Parallel) 9 feet ■■ DESIGN SPEED EFFECTIVE TURNING RADIUS 20-25 mph 10-15 feet ■■■■■ 25-35 mph 15-20 feet ■■■■■ Above 35 mph 20-30 feet ■□□ TABLE 3A: Vehicular Lane Dimensions. This table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for each of these sections. The most typical assemblies are shown in Table 2B. Specific requirements for truck and transit bus routes and truck loading shall be decided by Warrant. Use of standards in this table are subject to approval by the public works director. (See Table 12) 31 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton a.T2 T3 T2 T2 T2 Design ADT Pedestrian Crossing Design Speed b.T3 T4 T3 T4 Design ADT Pedestrian Crossing Design Speed c.T3 T4 *T3 T4 T5 T6 *T4 T5 T6 *T4 T5 T6 T5 T6 Design ADT Pedestrian Crossing Design Speed d.T4 T5 T6 *T4 T5 T6 *T5 T6 T5 T6 Design ADT Pedestrian Crossing Design Speed e.T5 T6 *T5 T6 *T5 T6 *T5 T6 T5 T6 Design ADT Pedestrian Crossing Design Speed f.T3 T4 T5 T6 Design ADT Pedestrian Crossing Design Speed 35 MPH or above 5 Seconds 8 Seconds 25 -30 MPH 25 - 30 MPH 25 - 30 MPH 25 - 30 MPH 13 Seconds 7 Seconds 8 Seconds 11 Seconds 15,000 VPD PARKING ONE SIDE PARALLEL 5,000 VPD 18,000 VPD 16,000 VPD 32,000 VPD 22,000 VPD 9 Seconds 36,000 VPD 13 Seconds 35 MPH or above 5 Seconds 25 MPH 2,500 VPD 15 Seconds YIELD PARKING 1,000 VPD 1,000 VPD 5 Seconds PARKING BOTH SIDES PARALLEL 20,000 VPD NO PARKING 300 VPD 3 Seconds 25 - 30 MPH 15,000 VPD 22,000 VPD 32,000 VPD 10 Seconds 10 Seconds 13 Seconds 18,000 VPD 20,000 VPD 15,000 VPD (Parking may be eliminated on one side in assemblies suitable for a Slip Road) 35 MPH and above 25 - 30 MPH 15 Seconds 17 Second 17 Seconds 20 Seconds 22,000 VPD 31,000 VPD 25 - 30 MPH 3 Seconds PARKING ACCESS TABLE 3B: Vehicular Lane/Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and Turning Radii assembled for Thoroughfares. Use of standards in this table are subject to approval by the Director of the Department of Public Works. Where on-street Bicycle Lanes are provided, the paved width shall be inreased a corresponding amount 23 Seconds Below 20 MPH 25 MPH 25 MPH 25 - 30 MPH PARKING BOTH SIDES DIAGONAL ONE WAY MOVEMENT ──────────────── ►TWO WAY MOVEMENT ────────────────────────────────────────── ► 6 Seconds *Indicates assembly suitable for a Slip Road in any Transect Zone 25 - 30 MPH 25 - 30 MPH 32 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 T6 d.T3 T4 T5 T6 e.T3 T4 T5 T6 f.T5 T6 g.T3 T4 T5 T6 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) (AV) For Commercial Street or Avenue: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 4A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 4B and Table 4D. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 33 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton Existing Thoroughfare a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width Landscape Strip Width 20 feet 20 feet 20 feet 20 feet Alternating Continuous Planter 2 feet - 12 feet Min. 30 feet Variable Sidewalk Raised Curb 10 feet Single Continuous Planter Min. 8 feet 4 feet DEERFIELD PKWY, MORRIS RD, MCGINNIS FERRY RD, OLD MORRIS RD, WEBB RD, BETHANY BEND, COGBURN RD Min. 28 feet Raised Curb Variable Sidewalk Min. 6 feet Regular Alternating Continuous PlanterContinuous Planter Regular Sidewalk Sidewalk Min. 8 feet (35 MPH OR LESS) Min. 38 feet Regular Single TABLE 4B: Public Frontages - Specific Existing Thoroughfares. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, Sidewalks, Planters, and Landscape Strips - relative to specific existing Thoroughfares, regardless of the Transect Zone or Special District in which they are located. Variable STATE ROUTE 9 Min. 32 feet Variable Raised Curb WINDWARD PKY Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. Curb. The detailing of the edge of the vehicular pavement incorporating drainage. Raised Curb TABLE 4C: Public Frontages - Slip Road Retrofit. Existing Thoroughfares may be retrofitted into a Boulevard through the addition of one Slip Road along one or both sides. Where this occurs the Frontage Line shall be along the Slip Road, not the existing Thoroughfare. STATE ROUTE 9 (OVER 35 MPH) 2 feet - 12 feet Opportunistic Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Min. 8 feet 34 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TRANSECT ZONE T3 T3 T3 T4 T5 T6 T5 T6 T6 T6 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width Raised Curb Raised Curb 5-20 feet Sidewalk Sidewalk Raised Curb 5-20 feet TABLE 4D: Public Frontages - Specific New Thoroughfares. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 CS-DR-AV-BV T5 8 feet - 12 feet Single Single 4 feet - 6 feet Single Continuous Planter Tree Well 4 feet - 6 feet8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered Alternating Continuous Planter 4-8 feet 8 feet - 16 feet Continuous Swale Clustered Clustered 10-30 feet Regular Sidewalk 12-20 feet Regular Regular 10-30 feet Sidewalk 4-8 feet Opportunistic Continuous Swale Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a 12-30 feet Continuous Planter 18-24 feet ST-DR-AV-BVHW & RD CS-DR-AV-BV T2 Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. T4 12-24 feet Raised Curb 12-18 feet16-24 feet 12-18 feet 5-20 feet T2 T3 ST-DR-AVRD & ST 5-20 feet Open Swale 35 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-26 ST-50-28 Street Street T4, T5 T4, T5 50 feet 50 feet 26 feet 28 feet Slow Movement Yield Movement 25 MPH 25 MPH 7.4 seconds 7.6 seconds 2 lanes 2 lanes One side @ 8 feet marked Both sides @ 8 feet unmarked 10 feet 10 feet 5 foot Sidewalk 5 foot Sidewalk 7 foot continuous Planter 6 foot continuous Planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. BR BR TABLE 4E: Thoroughfare Assemblies: These Thoroughfares are assembled from the elements that appear in Tables 3A and 3B and incorporate the Public Frontages of table 4A. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Pavement Width Transportation THOROUGHFARE TYPES Highway ST-57-20-BL Thoroughfare Type Right-of-Way Width Street Road Rear Alley Rear Lane Boulevard Avenue Commercial Street Drive Thoroughfare Type Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Curb Radius Walkway Type Planer Type Curb type Transportation Provision Pavement Width Movement Landscape Type Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Transect Zone Assignment Right-of-Way Width 36 February 21, 2013 City of Milton TABLE 5: Civic Space a.T2 T3 T4 T5 T6 b.T3 T4 T5 T6 c.T4 T5 T6 d.T5 T6 e.T2 T3 T4 T5 T6 DEERFIELD FORM-BASED CODE – V4 Playground:An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size. Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. 37 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton T2 T3 T4 T4-O1 T5 T6 T6 T6 T6 1. T4-Open TABLE 6: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone, except where said zone lies within the Maximum Two-Story Building Height Zone or within the Maximum Twelve-Story Building Height Zone as established on the Deerfield/Highway 9 Regulating Plan. Recess Lines shall occur on higher buildings in Zone T6 as shown. The illustrative T6 configurations below show buildings built less than the maximum permitted height. 38 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton a.T2 T3 T4 T5 T6 b.T4 T5 T6 c.T4 T5 T6 d.T5 T6 Rearyard: A building that occupies the full Frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: A building that occupies the boundaries of its lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. TABLE 7: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: A building that occupies the center of its lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: A building that occupies one side of the lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 39 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 T6 d.T4 T5 T6 e.T4 T5 T6 f.T4 T5 T6 g.T5 T6 h.T5 T6 Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. TABLE 8: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. Buildings subject to Section 4.4.1(d) shall may substituted Open Parking for the Thoroughfare. SECTION PLAN Arcade: a collonade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb except where prevented by a required Landscape Strip. Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb, except where prevented by a required Landscape Strip. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. 40 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton T3 T6 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 9A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 10. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. in T4-Open, T5 Function regulations shall apply T5-Limited Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building. Open Office:The amount of Office Functions on each lot is unlimited except by form-based standards elsewhere in this Code. Open Office:The amount of Office Functions on each lot is unlimited except by form-based standards elsewhere in this Code. Prohibited Retail:Retail is not permitted. Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 10 See Table 10 See Table 10 Limited Retail:The building area available for Retail use is limited to the first Story of buildings having two or more Stories. The specific use shall be further limited to a maximum floor area of 15,000 square feet per business establishment. See Table 10 TABLE 9B: Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions See Table 10 See Table 10 See Table 10See Table 10 41 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton a. RESIDENTIAL1 T2 T3 T4 T4-O2 T53 T6 f. OTHER: AGRICULTURE T2 T3 T4 T4-O2 T53 T6 Apartment UUUU Grain Storage R Live/Work Unit RRRRR Livestock Pen W Row House RRRR Greenhouse RW Duplex House RRRR Stable RW Courtyard House RRRR Kennel with Outside Pens UU Sideyard House RRRRRf. OTHER: AUTOMOTIVE Cottage RRR Gasoline RRR House RRRR Automobile Service*RRR Accessory Unit RRRRRR Truck Maintenance b. LODGING Drive-Through Facility**RRR Hotel RRR Roadside Stand R RRRR Bed & Breakfast Inn UURRRR Billboard S.R.O. Hostel UURRR Shopping Center RRR School Dormitory RRRR Shopping Mall RRR c. OFFICE f. OTHER: CIVIL SUPPORT Office Building RRR Fire Station RRRRRR Live/Work Unit RRRRR Police Station RRRR d. RETAIL Cemetery UUU Open-Market Building RRRRRR Funeral Home RRR Retail Building RRRR Hospital RR Display Gallery RRRR Medical Clinic RRR Restaurant RRRR Kiosk RRRR Drive-Through Facility**RRR Push Cart WWWf. OTHER: EDUCATION Liquor Selling Establishment WWW College UUUUUU Adult Entertainment High School UUUUUU e. CIVIC Trade School UUUUUU Bus Shelter R RRRRR Elementary School UUUUUU Convention Center R Childcare Center***UUURRR Conference Center WWR f. OTHER: INDUSTRIAL Exhibition Center R Heavy Industrial Facility Fountain or Public Art RRRRRR Light Industrial Facility Library RRRR Manufacturing Live Theater RRR Laboratory Facility Movie Theater RRR Water Supply Facility WWWWWW Museum RRR Sewer and Waste Facility Outdoor Auditorium WRRRRR Electric Substation WWWWWW Parking Structure RRR Wireless Transmitter WWWWWW Passenger Terminal R Cremation Facility Playground RRRRRR Warehouse Sports Stadium Produce Storage W Surface Parking Lot WWWW Mini-Storage RRR Religious Assembly UUUUUU *Includes car washes.R: ALLOWED BY RIGHT **Drive-through facilities are considered accessory to a Retail or Automotive Function.W: ALLOWED BY WARRANT 2. T4-Open ***See Section 84-1809 for additional requirements.U: ALLOWED BY USE PERMIT 3. Includes T5-Limited subject to Table 9 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice TABLE 10: Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. RRR 42 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 11: Code Summary T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE T6 URBAN CORE a. BASE BUILDING DENSITY (See Section 1.6) By Right By TDR TDR not permitted b BLOCK SIZE Block Perimeter c. THOROUGHFARES (See Table 3 and Table 4) HW permitted permitted not permitted not permitted not permitted BV not permitted permitted permitted permitted permitted AV not permitted permitted permitted permitted permitted CS not permitted not permitted not permitted permitted permitted DR not permitted permitted permitted permitted permitted ST not permitted permitted permitted permitted permitted RD permitted permitted not permitted not permitted not permitted Rear Lane permitted permitted required, or Alley not permitted not permitted Rear Alley not permitted permitted requir Path permitted permitted permitted not permitted not permitted Passage not permitted permitted permitted permitted permitted Multi-Use Trail permitted permitted permitted permitted permitted Equestrian Trail permitted permitted permitted permitted permitted Bicycle Lane permitted permitted permitted permitted permitted Bicycle Route permitted permitted permitted permitted permitted d. CIVIC SPACES (See Table 5) Park permitted permitted Green not permitted permitted permitted permitted Square not permitted not permitted permitted permitted Plaza not permitted not permitted not permitted permitted Playground permitted permitted permitted permitted e. LOT OCCUPATION Lot Width Lot Coverage f. SETBACKS - PRINCIPAL BUILDING (See Table 12) (f.1) Front Setback Principal5 (f.2) Front Setback Secondary5 (f.3) Side Setback (f.4) Rear Setback Frontage Buildout5 not applicable g. SETBACKS - OUTBUILDING (See Table 12) Front Setback Side Setback Rear Setback h. BUILDING PLACEMENT (See Table 7) Edgeyard permitted permitted permitted permitted permitted Sideyard not permitted not permitted permitted permitted permitted Rearyard not permitted not permitted permitted permitted permitted Courtyard not permitted not permitted not permitted permitted permitted i.PRIVATE FRONTAGES (See Table 8)5 Common Yard permitted permitted not permitted not permitted not permitted Porch & Fence permitted permitted permitted not permitted not permitted Terrace, Dooryard not permitted not permitted permitted permitted permitted Forecourt not permitted not permitted permitted permitted permitted Stoop not permitted not permitted permitted permitted permitted Shopfront not permitted not permitted permitted permitted permitted Gallery not permitted not permitted not permitted permitted permitted Arcade not permitted not permitted not permitted permitted permitted j. BUILDING FORM-HEIGHT (See Table 6) Principal Building Outbuilding k. BUILDING FUNCTION (See Table 9 and Table 10) Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. no maximum 0 ft. min. 3 ft. max. 4. Within T4-Open and T5-Limited different Building Function requirements apply restricted use restricted use permitted permitted permitted permitted 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4 open use 5. See Section 4.4.1(d) for alternate requirements for certain sized buildings along State Route 9. 6. Within T4-Open the building height limits of T-5 apply limited use4 restricted use restricted use limited use prohibited use restricted use limited use4 3,000 ft. max. 2,400 ft. max. permitted permitted 3,200 ft. max. 3,200 ft. max. required required 18 ft. min 96 ft. max. permitted 70% max. 80% max. 50% min.BUILDING PLACEMENT18 ft. min no max. 18 ft. min no max. 80% max. 2 ft. min. 15 ft. max. 2 ft. min. 15 ft. max. 2 ft. min. 15 ft. max.BUILDING FORMFUNCTIONopen use open use open use4 open use open use open use 2 stories max. open use 100 ft min 20% max 70 ft. min 120 ft. max. 60% max. 2 ft. min. 15 ft. max. 60 ft. min. 40 ft. min. 25 ft. min. 0 ft. min. 10 ft. min. 30 ft. max. 8 ft. min. 20 ft. max. 0 ft. min. 15 or 20 ft. min.2 30% min. 50 ft. min. 12 ft. min. 5 or 10 ft. min.2 12 ft. min. 0 ft. min. 3 ft. max. 40 ft. max. from rear prop 3 ft. min. 50% min. 3 ft. min. 50% min. 20 ft. min. + bldg. setback 40 ft. max. from rear prop 3 ft. min. 2 stories max. 2 stories max. 2 stories max. 2 stories max. 3 stories max. 3 stories max. 20 ft. min. + bldg. setback 25 ft. min. 50 ft. min. 20 ft. min. + bldg. setback 3 ft. or 6 ft. min.3 3 ft. min. 1 unit / ac. 3 unit / ac. 6 unit / ac. 5 unit / ac. 9 unit / ac. 12 units / ac. 36 units / ac. 3 stories max.6 4 stories max. 9 units / ac. 14 units / ac. 3 ft. 0 ft. or 3 ft. min.3 16 stories max. 0 ft. min. 43 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 12A: Code Graphics - T3 1. 2. Stories may not exceed 14 feet in height from finished floor to finished ceiling. 3. (See Table 1) restricted use restricted use restricted use 1. prohibited use 3 stories max.2. 2 stories max. 70 ft. min. 120 ft. max. 60% max. permitted not permitted not permitted 1. not permitted 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted not permitted Refer to Summary Table 11 3. * or 15 feet from center line of alley Common Lawn Porch & Fence PRIVATE FRONTAGES (See Table 8) ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery Arcade Terrace or Lightwell Forecourt Stoop Shopfront & Awning "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 13 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. PARKING PLACEMENT Front Setback Principal (h.1 at right) Front Setback Principal (g.1 at right) Front Setback Secondary (h.2 at right) Side Setback (h.3 at right) SETBACKS - OUTBUILDING (See Table 11 section g) Side Setback (g.3 at right) Rear Setback (g.4 at right) Frontage Buildout Front Setback Secondary (g.2 at right) SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Office Retail Principal Building Outbuilding Lot Width Lot Coverage Rearyard Courtyard BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Height shall be measured to the eave or roof deck. Sideyard SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Edgeyard BUILDING FUNCTION (See Table 9 & Table 10) BUILDING FORM (See Table 9) LOT OCCUPATION (See Table 11 section e) BUILDING PLACEMENT (See Table 7) Residential Lodging 44 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 12B: Code Graphics - T4 1. 2. 3. (See Table 1) limited use* limited use* limited use*1. limited use* 3 stories max.2. 2 stories max. 18 ft. min., 96 ft. max. 70% max. permitted permitted permitted 1. not permitted 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. not permitted 1. permitted permitted permitted permitted 2. permitted not permitted not permitted Refer to Summary Table 11 "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. Lot Width Lot Coverage Edgeyard Front Setback Principal (h.1 at right) Arcade Front Setback Secondary (h.2 at right) BUILDING PLACEMENT (See Table 7) SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Office *Within T4-Open different Building Function requirements apply BUILDING FORM (See Table 6) LOT OCCUPATION (See Table 11 section e) Front Setback Principal (g.1 at right) Front Setback Secondary (g.2 at right) Retail Sideyard Rearyard Courtyard Residential Lodging The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). PARKING PLACEMENT Side Setback (g.3 at right) Rear Setback (g.4 at right) Frontage Buildout Side Setback (h.3 at right) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. BUILDING FUNCTION (See Table 9 & Table 10) Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13 section d). Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Common Lawn Porch & Fence SETBACKS - OUTBUILDING (See Table 11 section g) PRIVATE FRONTAGES (See Table 8) 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning 45 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 12C: Code Graphics - T5 1. 2. 3. (See Table 1) open use open use open use 1. open use* 4 stories max.2. 2 stories max. 18 ft. min., no max. 80% max. permitted permitted permitted 1. permitted 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.** 50% min. at setback 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted permitted Refer to Summary Table 11 *Within T5 Limited different Building Function requirements apply **or 15 feet from center line of alley Rear Setback (g.4 at right) Frontage Buildout Front Setback Principal (h.1 at right) Front Setback Secondary (h.2 at right) SETBACKS - OUTBUILDING (See Table 11section g) PRIVATE FRONTAGES (See Table 8) Side Setback (h.3 at right) Common Lawn Porch & Fence Terrace or Lightwell Forecourt Stoop Shopfront & Awning 3.Trash containers shall be stored within the third Layer. Gallery Arcade SETBACKS - OUTBUILDING "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Courtyard SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). PARKING PLACEMENT Retail Principal Building Outbuilding SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. Side Setback (g.3 at right) Front Setback Secondary (g.2 at right) Rearyard Front Setback Principal (g.1 at right) Residential Lodging Edgeyard Sideyard BUILDING FORM (See Table 6) LOT OCCUPATION (See Table 11 section e) BUILDING PLACEMENT (See Table 7) Lot Width Lot Coverage Office BUILDING FUNCTION (See Table 9 & Table 10) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. 46 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 12D: Code Graphics - T6 1. 2. 3. (See Table 1)4. open use open use open use 1. open use 8 stories max., 2 min.2. 2 story max. 18 ft. min., no max. 80% max. permitted permitted permitted 1. permitted 2 ft. min., 15 ft. max. 2 ft. min., 15 ft. max. 0 ft. min. 3 ft. min.* 50% min. at setback 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted permitted 3. Refer to Summary Table 11 Front Setback Principal (g.1 at right) *or 15 feet from center line of alley "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) Side Setback (h.3 at right) SETBACKS - OUTBUILDING (See Table 11 section g) Porch & Fence Terrace or Lightwell Front Setback Secondary (g.2 at right) Side Setback (g.3 at right) Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13d). PARKING PLACEMENT Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13d). SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Principal Building Outbuilding Lot Coverage Sideyard Rearyard Courtyard Facades shall be built along the Principal Frontage to the minimum specified width in the table. Lot Width Edgeyard BUILDING FORM (See Table 6) LOT OCCUPATION (See Table 14f) BUILDING PLACEMENT (See Table 7) Lodging Office Retail SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. BUILDING FUNCTION (See Table 9 & Table 10) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. Stepbacks shall be as shown on Table 6. SETBACKS - OUTBUILDING Residential Forecourt Stoop Shopfront & Awning Gallery Arcade The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Common Lawn Rear Setback (g.4 at right) Frontage Buildout Front Setback Principal (h.1 at right) Front Setback Secondary (h.2 at right) 47 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton TABLE 13: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 48 February 21, 2013 DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 49 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS This Article provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the code. A-Grid: cumulatively, those Thoroughfares that by virtue of their pre-existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this code. See B-Grid. (Syn: primary grid.) Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structure, garages, gasoline station canopies, pumps, and carwashes. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-Grid: cumulatively, those Thoroughfares that by virtue of their use, location, or absence of pre-existing pedestrian- supportive qualities, may meet a standard lower than that of the A-Grid. B-Grid Thoroughfares are often privately- owned. See A-Grid. (Syn: secondary grid.) Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. 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. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 50 Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 5. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 8. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 8. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 4B, and Table 4D. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 8. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 8. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A and Table 8. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 51 Frontage Line: a line bordering a Public Frontage that may or not be congruent with the Lot Line. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 5. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 9A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Landscape Strip: the element of the Public Frontage between the Sidewalk and the Frontage Line that is required to match the built character on specific existing Thoroughfares. All or a portion of the Landscape Strip may be counted towards meeting a minimum Setback by Warrant. The Landscape Strip may contain fencing. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 13. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 10 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 8. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 9A and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 52 Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. . Open Parking: an uncovered parking area not within a Parking Structure. (Syn: parking lot) Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 13. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 5. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing one or more Stories of parking above grade. (Syn: garage) Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 8 and Table 13. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 4B, and Table 4D. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 7. (Var: Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 6. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 53 Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise or food service. See Table 8A and Table 10. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Frontage Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 6. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights from areas to be preserved as open space to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. DEERFIELD FORM-BASED CODE – V4 City of Milton February 21, 2013 54 TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A, Table 3B and Table 13a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. Maximum Two -Story Building Heh Zone T2 O To Inset (see below) \'J Forsyth T2 n County SMetreeM � 1—r` "7 RSA City of Alpharettta Maximum Twelve -Story Building Height Zone (excludes indicated area on Deerfield Parkway) Legend _ T6 _ T5 ME T5 -Limited T4 -Open T4 T3 T2 Special District Civic Building Site _ Civic Space Proposed Greenway Thoroughfares Existing A -Grid Existing B -Grid Proposed Thoroughfare City or Alpharettta N Miles /0 0.125 0.25 05 Regulating Plan - V4 DEERFIELD/HIGHWAY 9 FORM -BASED CODE February 21, 2013 Prepared by Tunnell-Spangler-Walsh & Associates a.m A,. xo,. awona way=m.,..,. wu:1. .,..a e..,a a NMI LTON't FSFABFIFHFO Lp6 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-03 AN ORDINANCE TO DELETE ARTICLE VII, DIVISION 5A-DEERFIELD PLAN OF THE HIGHWAY 9 OVERLAY DISTRICT AND CONCURRENTLY ADOPT A NEW ARTICLE XX, DEERFIELD/HWY 9 FORM BASED CODE, CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to deleting Article VII, Division 5A-Deerfield Plan of the Highway 9 Overlay District in its entirety and to concurrently adopt a new Article XX, Deerfield/Hwy 9 Form Based Code which includes provisions for Transfer of Development Rights, Article of Chapter 64 of the Zoning Ordinance, which includes a Deerfield/Hwy 9 Regulating Plan Map, and; SECTION 2. That the harmonious and orderly growth of the Deerfield/Hwy 9 area should be secured through form based codes, and that this newly created article includes intent, applicability, process, warrants and variances, and transfer of development rights, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-04 – To amend Article VII, Division 5, State Route 9 Overlay District, Section 64-1069(a) Department Recommendation: The Community Development Department recommends approval of the above listed text amendment as discussed below. Executive Summary: Once the Deerfield/Highway 9 Form Based Code is adopted, the geographic area that is currently under the State Route 9 Overlay District Map will be concurrently amended. The FBC does not cover the entire area that is currently covered under the SR 9 Overla y District. This text amendment will delete the current SR 9 Overlay District map and insert a new map that reflects only those areas left within the SR 9 Overlay District once the Deerfield /Highway 9 Form Based Code is adopted. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (March, 2013) Concurrent Review: None Attachment(s): Revised Map for the SR 9 Overlay District and Ordinance for RZ13-04 FF rr aa nn cc ii ss RRdd D S tD S t F StF StEEii gghhtteeeenntthhF StF StA StA StPPiinneeVVaa llll ee yy DDrr IInn dd uu sstt rr iiaa llDD rrFFeerrnnbbaannkkCCttJJ aa mm ee ss RR ddCCllaarrkkDDrr TTiiddwweellllDDrrTTuulliippPPllaanntt a a tt ii oonn RRddMMccffaa rr ll aa nn dd RR ddSSttrraattffoorrddee D D rr GGrraassssllaa nn dd PP kk wwyy FFeerrnnbbaannkkDDrrTTiiddwwee ll ll CC iirr H u n t in g t o n D rHuntington D r MM aarr tt ii nnDDr r J S tJ S t JJ SSttGG rraann dd JJ cc ttGGrraanndd JJcctt Highland PassHighland PassCChhaaddbboouurrnneeTTrrllStrickland RdStrickland RdTi dw ell RdTidwell Rd II SSttI StI StH ig h w a y 9 H ig h w a y 9 Highway 9Highway 9HHuunnttii nnggtt oonn CC ii rr BBeellllee MM eeaadd ee PP llWWee nn dd llee bbuurryyCCtt£¤19 £¤19 £¤19£¤19 ST400 ST400 ST400ST400 ST9 Copper SandyCreek C a mp C r e e k A l p h a r e t t aAlpharetta ForsythFultonBB ee tt h h a a nnyyBBeennddCogburn RdCogburn RdBBeetthhaannyy CChhuurrcchhRRdd C C r r e e eekkCClluubbDDrrDDeevvoonnsshh iirr ee FF aarrmmss WW aa yy CCoo gg bb uurrnnLL nnCC uu mm mm iinn gg HH ww yy SSuunnffiisshhBBnn dd OOaa kk ss ttoonnee GGll nnYacht TerYacht TerBB eetthhaannyyGGrreeeennCC ttWW eennnn ii nn gg ttoo nn TT rrccee TThhee H H ee rr mm iittaa gg eeDD rrSS wweeeettbbrriieerrDD rrMMaajjeessttiiccCCvvMMoorrnniinnggMMoouunnttaaiinnWWaa yy SS oo nnaattaa LLnn CChhiipp pp iinnggWWooooddCCttFFii vveeAAccrree RR dd MMaa rr rr yyw w ooooddDDrrHHooppee wweellllCCrrssttYYoo rr kk C C vvGGrreeeennvviieewwTTeerrCCee ddaarrFFaa rr mm ss CC tt AArrcchhggaatteeCCtt NN ..FF iiee ll dd ss PP aa ss ss WWoollffWWiilllloowwCCllss ee OOaakkssiiddee CCiirrCogbur n RdCogbur n RdAAvv eennssoo n n ggVViillllaagg eeCCiirrTTiimmbbeerrPPttRReeggiioonn TTrrcceeFFllaammiinnggooRRddNN..PPaarrkkLLnnBBaarrb b e e rr rryyDDrr WW oo oodd BBrraanncchh DDrrCChhaammppiioo nnssVViiee ww DDrrHHooppee ww eellll PPllaa n n ttaattiioonnDDrrSS ee rr ee nnaaddee CC tt AArrcchhgg aa tt ee CCttAAvveennttii dd eeLL nnHHooppeewweell ll RR dd AAuuttuumm nnCCl l sseeBBeelllleetteerrrreeDDrrPPoonnyyTTaaii ll RRddSS aa dd ddlleesspprriinnggssDDrrCClluu bb C C ii rr WW eeyycc rrooffttCCiirrGGlleennccrreeeekkWWaayyMMoorrrriissRRddMM cc GG ii nn nn ii ss FFeerrrryyRRdd DDeeeerrffiieellddPPkkwwyyBBeetthhaann yy BB ee nn ddF r a n c i s R dFrancis R d HHooppeewweellllRRddBB eetthh aann yyBB ee nn dd Created/Al tered: 2/20/2 013 G:\Tax Comm unit yDev\St ateRoute9O ver lay Dis trict _ap_v1.m xd State Route 9Overlay District MapCity of Milton Fe bru ary 2013 ´0 0.25 0.5 0.750.125 Miles Sta te R o ute 9 Ov erl ay D is tric tFreeway/H i g hw a yRampMajor A rte ria l/C o l le cto rMinor A rte ria l/L oc al R iv ersWaterb o di esCity L im i tsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-04 AN ORDINANCE TO AMEND ARTICLE VII, DIVISION 5, STATE ROUTE 9 OVERLAY DISTRICT, SECTION 64-1069(a), REGULATIONS; APPLICABILITY, CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to deleting Article VII, Division 5, State Route 9 Overlay District, Section 64-1069(a), Regulations; Applicability of Chapter 64 of the Zoning Ordinance, and; SECTION 2. That by adopting a revised map depicting properties within the State Route 9 Overlay District based on the newly adopted Deerfield/Hwy 9 Form Based Code will clearly define those properties, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-05 – To adopt a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1839 – Apartments Department Recommendation: The Community Development Department recommends approval of the above listed text amendment as discussed below. Executive Summary: The current Crabapple Form Based Code and the proposed Deerfield/Hwy 9 Form Based Code allows for the development of Apartments with a Use Permit within certain Transect Zones and developed within a mixed use development. After the adoption of the Crabapple Form Based Code, Staff realized that a new Use Permit for Apartments was needed. The attached proposed use permit meets this requirement. Staff notes that the normal public hearing process is required and is NOT an administrative use permit. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: Paul Frickey - Jarrard & Davis (March, 2013) Concurrent Review: None Attachment(s): Text Amendment and Ordinance for RZ13-05 Page 1 of 2 RZ13-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations shown in red. Sec. 64-1839 Apartments. (a) Required districts. Crabapple Form-Based Code, Deerfield Form-Based Code (b) Standards. (1) Required off-street parking spaces shall be no greater than 400 feet, as measured along a pedestrian walkway, from the door of the unit they serve. (2) Apartment developments shall incorporate outdoor amenity spaces provided on the lot and available as passive or active recreational space by occupants, subject to the following: (i) Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. (ii) Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least 10 feet in both length and depth. (iii) Outdoor amenity space may be located at or above grade. (iv) Outdoor amenity space may be roofed but cannot be enclosed. (v) Outdoor amenity space cannot be parked or driven upon, except for emergency access. (vi) In calculating the minimum outdoor amenity space requirement, the following can be included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. (vii) In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. (3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. (4) A minimum of 50 percent of dwelling units above the first-floor shall have balconies with a minimum floor dimension of 6 feet by 10 feet. (5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment owner. Page 2 of 2 RZ13-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff recommendations shown in red. (6) Each dwelling unit shall have central heating and cooling facilities. (7) Adequate laundry facilities consisting of automatic washing and clothes -drying machines in a common laundry room shall be provided, or a washer and dryer shall be installed in each dwelling unit. (8) A minimum of 300 cubic feet of separate storage space shall be provided for each dwelling unit. This storage space should be convenient to outside ground level and appropriate for storage of trunks and items of dead storage. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-05 AN ORDINANCE TO ADOPT A NEW USE PERMIT WITHIN ARTICLE IX, DIVISION 5, MISCELLANEOUS USES, SECTION 64-1839 - APARTMENTS, CHAPTER 64 OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to adopting a new Use Permit within Article IX, Division 5, Miscellaneous Uses, Section 64-1839 - Apartments, and; SECTION 2. That by adopting this new Use Permit, will provide additional development standards to be followed within the Crabapple Form Based Code Overlay District and Deerfield/Hwy 9 Form Based Code Overlay District, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-06 – To adopt the corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all zoning actions prior to January 1, 2013 as shown on “Current Zoning Map Dated January 2013” Department Recommendation: The Community Development Department recommends approval of the above listed text amendment as discussed below. Executive Summary: It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt the Zoning Map by reference the document must be sufficiently identified, be made a public record, be accessible to members of the public affected by it, and the adopting ordinance must give notice of accessibility. It is the Community Development Department’s responsibility to maintain both the zoning ordinance and zoning maps (Sec 64-392 of the Zoning Ordinance) for the City of Milton. In addition, at the beginning of each calendar year, Staff will check that all zonings from the prior year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it pertains to the zoning map, should not have any basis. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this text amendment. Legal Review: None Concurrent Review: None Attachment(s): Map date January 1, 2013 and Ordinance for RZ13-06 Page is too large to OCR. STATE OF GEORGIA ORDINANCE# COUNTY OF FULTON RZ13-06 AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING MAP DATED JANUARY 2013 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6 p.m. as follows: SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts consistent with those zones or districts as shown on the “Current Zoning Map of the City of Milton,” dated January 2013. Together with all explanatory matter thereon, is hereby adopted by reference as a part of the City of Milton Zoning Ordinance; SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning Ordinance, Section 64-392, is amended through January 1, 2013; SECTION 3. This Ordinance is effective March 18, 2013 and; SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013. _____________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on February 25, 2013 for the March 18, 2013 Regular Meeting (March 4, 2013 First Presentation and March 11, 2013 for Council Work Session) Re: Consideration of the approval of RZ13-07 - To amend Article XIX Crabapple Form Based Code, Article 5 Standards and Tables, Table 9 Specific Function and Use Department Recommendation: The Community Development Department recommends approval of the above listed text amendment as discussed below. Executive Summary: The current Crabapple Form Based Code and the proposed Deerfield/Hwy 9 Form Based Code contemplates assisted living, convalescent home, personal care home, nursing home, and hospices to be permitted by right within certain Transect Zones. After the adoption of the Crabapple Form Based Code, Staff realized these uses were not included in Table 9 - Specific Function and Use. The proposed amendment to Table 9 will provide for the uses listed above. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose not to approve the proposed amendment and therefore not permit the above listed uses in the Crabapple area. Legal Review: None Concurrent Review: None Attachment(s): Text amendment and Ordinance for RZ13-07 ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 1 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. TABLE 9: - Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 Apartment U U U Live/Work Unit R R R R Row House R R R R Duplex House R R R R Courtyard House R R R R Sideyard House R R R R R Cottage R R R R House R R R R R Accessory Unit R R R R R b. LODGING Hotel R R Bed & Breakfast Inn U U R R R S.R.O. Hostel U U R R School Dormitory R R R c. OFFICE ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 2 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. Office Building R R Live/Work Unit R R R R d. RETAIL Open-Market Building R R R R R Retail Building R R R Display Gallery R R R Restaurant R R R Kiosk R R R Drive-Through Facility* U U Push Cart W W Liquor Selling Establishment W W Adult Entertainment e. CIVIC Bus Shelter R R R R R R Convention Center Conference Center W W Exhibition Center Fountain or Public Art R R R R R R ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 3 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. Library R R R Live Theater R R Movie Theater R R Museum R R Outdoor Auditorium W R R R R Parking Structure R R Passenger Terminal Playground R R R R R R Sports Stadium Surface Parking Lot W W W Religious Assembly U U U U U U * Drive-through facilities are considered accessory to a Retail or Automotive Function. T2 T3 T4-R2 T4 T4-O3 T5 Grain Storage R Livestock Pen W Greenhouse R W Stable R W ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 4 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. Kennel with Outside Pens U U f. OTHER: AUTOMOTIVE Gasoline W W Automobile Service Truck Maintenance Drive-Through Facility* U U Roadside Stand R R R R Billboard Shopping Center Shopping Mall f. OTHER: CIVIL SUPPORT Fire Station R R R R R R Police Station R R R R Cemetary U U U Funeral Home R R Hospital Medical Clinic R R ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 5 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R R R f. OTHER: EDUCATION College U U U U U High School U U U U U Trade School U U U U U Elementary School U U U U U Other—Childcare Center U U U U U f. OTHER: INDUSTRIAL Heavy Industrial Facility Light Industrial Facility W Manufacturing W Laboratory Facility Water Supply Facility Sewer and Waste Facility ARTICLE 5. - STANDARDS AND TABLES Milton, Georgia, Code of Ordinances Page 6 RZ13-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on March 4, 2013 (First Presentation) Staff Recommendations shown in red. Electric Substation W W W W W W Wireless Transmitter W Cremation Facility Warehouse Produce Storage Mini-Storage R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). 2. T4—restricted 3. T4—Open STATE OF GEORGIA ORDINANCE# COUNTY OF FULTON RZ13-07 AN ORDINANCE TO AMEND ARTICLE XIX CRABAPPLE FORM BASED CODE, ARTICLE 5 STANDARDS AND TABLES, TABLE 9 SPECIFIC FUNCTION AND USE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on March 18, 2013 at 6 p.m. as follows: SECTION 1. The City of Milton, adopted the Crabapple Form Based Code on June 18, 2012 and within it contains Table 9 Specific Function and Use and whereas certain uses need to be included in the table which include assisted living, convalescent home, personal care home, nursing home, and hospices to be permitted by right within certain Transect Zones, and; SECTION 2. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 3. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of March, 2013. _____________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie Gordon, City Clerk (Seal) To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 21, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 3 Hopewell Road/Cogburn Road at Francis Road/Hopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road/Cogburn Road and Francis Road/Hopewell Road. The City has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 3 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 3. Funding and Fiscal Impact: Funding for this acquisition is available in the Hopewell/Francis/Cogburn Intersection Improvement capital projects fund. The appraised value of the easements and right of way is $1,100. Alternatives: Redesign the project to avoid all impacts to this property. This would increase the impacts to other properties at the intersection and require additional right of way and easement acquisition from those owners. The project would be delayed and additional costs incurred due to the need for the redesign, environmental approvals and acquisition costs. Privatization-Abandonment Page 2 of 2 Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 2/18/2013 Attachment(s): Condemnation Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. Page 1 of 2 A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute proceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel 3 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in Burruss Development & Construction, Inc., Citizens Bank of Georgia, Fulton County, Georgia, Tax Commissioner, Southern Bell Telephone and Telegraph Company, Sawnee Electric Membership Corporation, Bonnie Blue Investments, Inc., and Investa Services of GA, as Nominees for Fulton Tax Capital IV, LC, and their successors or assigns. It is further resolved that payment of ju st and Page 2 of 2 adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this 4th day of March, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk fi In�NC PI '52.9. f e� `�ry-ls nrynaT - a `- P -xi -I czi ` - i 48*O6 li �� J rn=iii 3 49+00 A ry� t y � i QAO 46x rry � a i m VI 17I = �; i ~� 1- '` �' 1 41 rw •t Tm�abmM1 yb pin F m N + T f I 56.00 A J �4 ..- $c .... 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N• �xq: ✓i O inq WO ❑❑��]� b :�O �6 y6 _ - mto �O C�a�L�r. O ❑ W p p N W N A W W •A S . 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Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road/Cogburn Road and Francis Road/Hopewell Road. The City has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 6 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 6. Funding and Fiscal Impact: Funding for this acquisition is available in the Hopewell/Francis/Cogburn Intersection Improvement capital projects fund. The appraised value of the easements and right of way is $4,200. Alternatives: Redesign the project to avoid all impacts to this property. This would increase the impacts to other properties at the intersection and require additional right of way and easement acquisition from those owners. The project would be delayed and additional costs incurred due to the need for the redesign, environmental approvals and acquisition costs. Privatization-Abandonment Page 2 of 2 Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 2/18/2013 Attachment(s): Condemnation Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. Page 1 of 2 A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute p roceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel No. 6 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in Oksana Feder, Evgenij Feder, Internal Revenue Service, Fulton County, Georgia, Tax Commissioner, Deutsche Bank Natio nal Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2006 -WL1, United Corp. Int’l. Inc., State of Georgia Department of Revenue, Champions View Community Association, Inc., This Faux House Designs, Inc., Glenn T. Sanders, Inc., Hopewell Downs Estates, L.P., Hopewell Downs Golf, L.P., Sawnee Electric Membership Corporation, Georgia Power Company, and Riverside Golf Group, Inc., and their successors or assigns. It is further resolved that payment of just and adequate Page 2 of 2 compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. RESOLVED this 4th day of March, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk rn 0 Q W t rY 1I L!1'��r •+�^ J ao L�^ nx � RE Z AL �l .•�• Nro qw (L .� {moi �.• r � �'�.� .� / � ��� N A H o � f 5 ,Y •. ��� S A H �' 222 ❑ myzy�Q-y o •'.� ji •: 'V \�l � O H � is • ,•X � y� � • •.. ,� .r ,f R2m zb` mem �a•E•�Vll�t1a�11 `•.i� � Wig. aa. ,� �•� ' ��I'yd� c�rrnro o ya may- s nye',`' a7 o _ ❑ Co.y b a n�„ � a ` a�dy5 d ti nq T 51. 1� � x v z ro � ry� � i nm ori o r�i y i S R � Y c� tr*irm� i � r�xn❑ a xi vm'q � o N zax�m v, Nt maxim by Uy-mx m'^ i QLon a-arx Uta® � -a t e s rm a n H N � s VATCH !7k£ STA 16.001 SEE 6 EEi $ OF 12 `ty a �,� k•ii \ N7 O v O izmwc �� a ati V* y i S R � i i i V* I y' ! � E o r❑ yA ti � x � ni n a � � �� � rr; -.� � e � • A rn � � ❑ i a v o � x • a �� � b p H Hy m�x� � �� quo •n x � � � rn��nbN,ow w wm ,wow mo � a� :" "' r`a a a• �� �v W� mo wN�Aary :n' :m oq •p eoa niv moa w•_ a ni• Sao=r4�= m o: n _ O N Cr. -x m a M �o4r- • A � A � n a c• 4 A IAA 1 n 12 rn c : : a o N" o c e m r A u : u e $� •� �f7 �--i rpv r�i w v � Wb ti0 •4;G !Ob !rw NN 00 OW �O 4 �- Oa • 6� � R�e [ A O •9 m0 wNaam ZMf mW a6 4v d0 a D1M1 •u0 60 �'- b� •nom v0 • Nth Wv v❑ b❑ OD wq • v` a VO O�nO b r- � v • W p� � � b q N a � r i� 7: H • O S [f• � O v O b L+• W- a •a A y 9 •q O •b O N •b v 4 •q�++[ y � • N � :� m' �pp by N bq b' a' WO 00 00 m0 �❑ �v W- y' { ❑ e0 ic){ e O W 6 d v • v v � v • q ti❑ W � v O a � a o m a re •'m b: x n h n n n n n x • E C c C C � � i � i Y. x � i a S T x x a x z A It b e b Y b O b d W p •n h �n C �1 { + :C c o o a o o v a a rn y • i uip ma vm • p55�nn oo L*e Oa • N�M1 - • WNO + 9 a s • m 4 W• �: ❑ c ��. •nw xN z� � mh: G • y. � N m y. • i � A � : V•- b � ii W L b m+ A . H . { ❑ S . •o •o o -o !o -q o •oi \• m ' as na AT.sAO� DD Nv m \ �O x C] �� q k �r x I D Z ❑ 2 n' Z• � e _ A br ti � A ti • L To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on February 21, 2013 for the March 4, 2013 Regular Council Meeting Agenda Item: Consideration of a Resolution Authorizing its Attorney to Exercise the City of Milton, Georgia’s Powers of Eminent Domain in the Acquisition of Certain Interests in Property (Parcel No. 4 – 14750 Hopewell Road) Situated in the City of Milton, Georgia and in Fulton County, Georgia, for Public Road and/or Other Public Transportation Purposes ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City is responsible for right of way acquisition for the proposed intersection improvements at Hopewell Road/Cogburn Road and Francis Road/Hopewell Road. The City has made a fair and reasonable offer to acquire the easements and right of way necessary for the construction of the intersection improvements on Parcel 4 but have been unable to come to an acceptable resolution with the property owner. In order to move forward with the required improvements at this intersection, staff is recommending approval of the resolution to initiate condemnation proceedings on Parcel 4. Funding and Fiscal Impact: Funding for this acquisition is available in the Hopewell/Francis/Cogburn Intersection Improvement capital projects fund. The appraised value of the easements and right of way is $12,250. Alternatives: Redesign the project to avoid all impacts to this property. This would increase the impacts to other properties at the intersection and require additional right of way and easement acquisition from those owners. The project would be delayed and additional costs incurred due to the need for the redesign, environmental approvals and acquisition costs. Privatization-Abandonment Page 2 of 2 Legal Review: Jarrard & Davis, LLP – Chris Hamilton, 2/18/2013 Attachment(s): Condemnation Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. Page 1 of 2 A RESOLUTION AUTHORIZING ITS ATTORNEY TO EXERCISE THE CITY OF MILTON, GEORGIA’S POWERS OF EMINENT DOMAIN IN THE ACQUISITION OF CERTAIN INTERESTS IN PROPERTY SITUATED IN THE CITY OF MILTON, GEORGIA AND IN FULTON COUNTY, GEORGIA, FOR PUBLIC ROAD AND/OR OTHER PUBLIC TRANSPORTATION PURPOSES WHEREAS, pursuant to Article 9, Section 2, Paragraph 5 of the Georgia Constitution, municipalities may acquire in fee simple or in any lesser interest by eminent domain for public purposes; and, WHEREAS, the governing authority of City of Milton, Georgia, a municipality of the State of Georgia, has determined that the circumstances of this matter are such that there is a necessity for exercising its powers of eminent domain pursuant to O.C.G.A. Section 32-3-1 et seq. in the acquisition of certain interests in property for municipal (“City”) road and/or other transportation purposes. NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, Ken Jarrard, City Attorney, or his designee, is ordered and directed to institute p roceedings in rem pursuant to O.C.G.A. Section 32-3-1 et seq. in the Fulton County Superior Court in order to condemn that certain property and interest therein more particularly described as Parcel No. 4 in Exhibit “A” which is attached hereto and made a part hereof by reference as though fully set forth at this point, all to the use of City of Milton, said property now or formerly vested in Robert R. Grisel, Mortgage Electronic Registration Systems, Inc., HomeBanc Mortgage Corporation, Branch Banking and Trust Company, and Fulton County, Georgia, Tax Commissioner, and t heir successors or assigns. It is further resolved that payment of just and adequate compensation there for be made to the person or persons entitled to such payment. The Mayor is authorized to sign a Declaration of Taking and an appropriate Order to be attached to the Declaration of Taking and Petition for Condemnation. Page 2 of 2 RESOLVED this 4th day of March, 2013. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, City Clerk f ! o A z j wo`a� ! q d 1 p i rnmO+ry1 Yra _ a vo•`-ni � ' ! 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Executive Summary: This professional services agreement is to provide architectural and engineering services to develop construction documents for the renovations to the Hopewell House. The development and implementation of these documents shall include the following services: 1. Detailed building and site evaluations; 2. Architectural programming to include options for the building and site taking into consideration the historic nature of the property; 3. Design development drawings and construction cost estimates; 4. Architectural, structural, civil, mechanical, electrical, plumbing, fire protection, historic preservation and interior design services; 5. Construction administration services. A request for qualifications was issued for these services in accordance with the city’s standard purchasing policy. The city reviewed submittals from 10 firms and selected the firm that was determined to be the most qualified to provide the requested services. Staff is recommending approval of the Professional Services Agreement with Wiley & Wilson, Inc. in an amount not to exceed $115,500. This fee is based on an hourly rate contract for which the consultant will be compensated in accordance with the following phases: 1. Pre Design/Schematic Design/Contractor Procurement $36,300 2. Construction Documents/Permitting $37,700 3. Construction Administration $40,000 4. Reimbursables (Estimated) $ 1,500 Total Compensation (not to exceed) $115,500 Page 2 of 2 Funding and Fiscal Impact: Funding for this project is available in the capital Buildings/Hopewell House Renovation fund. Alternatives: Maintain the structure in its current state which would not allow for any use other than the current residential use. Legal Review: Paul Higbee – Jarrard & Davis (2-27-2013) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Professional Services Agreement HOMF OF MILTON FjTABEISIICU 2004 AGREEMENT FOR ARCHITECTURAL SERVICES Hopewell House Renovations This Agreement for Architect Services (the "Agreement") is made and entered into this day off &, 2013, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Mayor and Council (hereinafter referred to as the "City"), and Wiley & Wilson, Inc. (hereinafter referred to as the "Architect") having its principal place of business at 127 Nationwide Drive, Lynchburg, VA, 24502. WITNESSETH: WHEREAS, the City issued a Request for Qualifications (12-RFQCDOI) issued September 4, 2012, to solicit qualified firms for the design of the Hopewell House Renovations; and WHEREAS, based upon ARCHITECT'S qualifications and subsequent proposal to provide Architectural Services, dated September 27, 2012, the City selected ARCHITECT to provide such services; and WHEREAS, ARCHITECT has agreed to perform the services set forth in this Agreement, according to the terms and conditions provided in this Agreement; NOW THEREFORE, the City and ARCHITECT, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: (a) This Agreement; (b) Request for Qualifications, attached hereto as Exhibit "A"; (c) Architect's Proposal, attached hereto as Exhibit `B"; (d) Professional Liability and other Insurance Binders as required by this Agreement and Exhibit "C"; (e) The following, which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents; and (f) Milton City Code of Ethics. In the event of any conflict among the terms of the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2. The Work (a) ARCHITECT shall provide architectural and consulting services in fulfillment of City needs, requirements, and/or obligations for the design of the renovations to the Hopewell house (hereinafter referred to as the "Project"). The architectural services provided by ARCHITECT pursuant to this Agreement shall include, but are not necessarily limited to, preparation of plans, studies, permit applications, specifications, sketches, cost projections, reports, presentations, assessments, project construction coordination and oversight, etc., as specified and/or required by the City. Such work is further defined in Exhibit "A" and Exhibit "B". (b) The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the ARCHITECT and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the ARCHITECT shall proceed with the changed work. (c) Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the ARCHITECT. (d) The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $2,000, must be approved by resolution of the Milton City Council. Section 3. Term ARCHITECT and City agree that the term of the Project is through the timely completion of the construction of the Project and applicable warranty periods. The term of this Agreement shall commence upon the issuance of the Notice to Proceed from the City and shall terminate absolutely and without further obligation on the part of the City on December 31, 2013, provided that this Agreement, absent written notice of non -renewal provided by the City to ARCHITECT at least thirty (30) days prior to December 31, 2013, shall automatically renew on January 1, 2014 and on January 1 of each year thereafter or until the completion of the terms of this agreement. The City may terminate this Agreement upon a breach of any provision of this Agreement by ARCHITECT and ARCHITECT's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain with the ARCHITECT until fully paid by the City. Section 4. Architectural Rate ARCHITECT shall provide services based on the Proposal attached hereto as Exhibit "B". Reimbursables shall be billed at the direct rate; no mark-up or administrative fees will be paid by the City. Mileage shall be billed at a rate no greater than the standard IRS mileage rate. Section 5. Expertise of Professional Services Consultant ARCHITECT accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage a single entity with requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely completion of the Project undertaken by ARCHITECT pursuant to this Agreement. By executing this Agreement, ARCHITECT represents to the City that ARCHITECT is professionally qualified to act as ARCHITECT for the Project and is licensed to practice architecture by all public entities having jurisdiction over ARCHITECT and the Project. ARCHITECT assumes full responsibility to the City for the improper acts and omissions of its consultants or others employed or retained by ARCHITECT in connection with the Project. Section 6. Additional Responsibilities of ARCHITECT (a) The ARCHITECT shall provide professional services consisting of attendance at necessary meetings, preparation of estimates, preliminary studies, and preliminary plans, completion of work drawings, detailed specifications, revisions as requested by the City, large scale and full sized detailed construction drawings, assistance in drafting of advertisements for bids, forms of proposals and contracts for use in the competitive bid process for construction, mechanical, electrical, plumbing, civil, and structural engineering services, and general project supervision through completion of the construction of the Project and the applicable warranty periods. Execution of this Agreement by ARCHITECT constitutes a representation that ARCHITECT has become familiar with the Project site and the local conditions under which the Project is to be implemented. In the event the Project includes the renovation of, or addition to, any existing facility or structure, ARCHITECT shall carefully examine and inspect such facility or structure, and all design documents shall be properly coordinated and integrated with same. (b) ARCHITECT shall furnish the documents and provide the services herein required in such sequence and at such time as is necessary for prompt completion of the Project. ARCHITECT agrees to adhere to work plans and schedules as agreed to in writing between ARCHITECT and the City (the "Schedule"), which Schedule may be reasonably adjusted as required during the course of the particular Project with the written agreement of both ARCHITECT and the City. (c) ARCHITECT agrees and acknowledges that budgetary limitations, whether for architectural or construction services, are not a justification for breach of sound principals of design and engineering. ARCHITECT shall take no calculated risk in the design of the Project. Specifically, ARCHITECT agrees that, in the event it cannot perform the required services for the Project within the budgetary limitations established without disregarding sound principals of design and engineering, or in the event ARCHITECT is requested by any person, agency, or public body to make changes which will increase the cost of the Project to an amount that is in excess of the budgetary limitations established by the City, ARCHITECT will give written notice immediately to the City. ARCHITECT agrees that, in the absence of an amendment to this Agreement in writing, ARCHITECT will not perform the required services for the Project in a manner that it estimates will cost in excess of the budget established and set forth by the City for the Project. (d) ARCHITECT acknowledges and agrees that the City does not undertake to approve or pass upon matters of design or engineering and that, therefore, the City bears no responsibility for ARCHITECT's services performed under this Agreement. ARCHITECT acknowledges and agrees that the acceptance of plans and specifications by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of design or engineering. ARCHITECT further agrees that no approval of plans and specifications by any person, body or agency shall relieve ARCHITECT of the responsibility for adequacy, fitness, suitability, and correctness of architectural design or for performing services under this Agreement in accordance with sound and accepted design and engineering principals. (e) ARCHITECT acknowledges that it may receive confidential information of the City. ARCHITECT agrees to protect the confidentiality of any such confidential information, provided that the City specifically designates the information as confidential upon provision of the information to ARCHITECT. ARCHITECT shall require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. (f) ARCHITECT agrees that it shall not engage in any activity or conduct that would be in violation of the Milton City Code of Ethics. (g) ARCHITECT must have timely information and input from the City in order to perform the services required under this Agreement. ARCHITECT is entitled to rely upon information provided by the City, but shall be required to provide immediate written notice to the City if ARCHITECT knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. (h) ARCHITECT specifically acknowledges that TIME IS OF THE ESSENCE for the implementation of the Project and the performance of its obligations hereunder. ARCHITECT specifically agrees to adhere to the priorities established by the City with regard to the Project from time to time. (i) Robert Bass, PE shall be authorized to act on ARCHITECT'S behalf with respect to the Project as ARCHITECT'S designated representative. (j) ARCHITECT agrees that it shall be in compliance with all applicable local, state, and federal regulations during the performance of this Agreement. (k) ARCHITECT agrees that it shall apply for, and obtain, all required permits or inform the City of the need to do so. (1) ARCHITECT shall administer all construction contracts related to the Project as directed by the City pursuant to Section 6.1 below and consistent with any construction contracts entered into by the City and related to the Project. (m) In the event ARCHITECT acquires knowledge of any asbestos located in the Project, it shall immediately notify the City in writing. Absent a failure to comply with this notice requirement, ARCHITECT shall have no liability or responsibility to the City for asbestos, or the removal or treatment of same, unless otherwise agreed in writing. Section 6.1. Contract Administration (a) The ARCHITECT shall provide administration of the Construction Contract as set forth below and shall perform those duties and discharge those responsibilities set forth herein and in the contract ("the Construction Contract") to be executed by and between the City and a contractor. (b) The ARCHITECT shall represent the City during construction. Instructions and other appropriate communications from the City to the Contractor shall be communicated through the ARCHITECT unless the City determines otherwise. The ARCHITECT shall act on behalf of the City only to the extent provided herein and in the Construction Contract. (c) The ARCHITECT shall carefully observe the work of the contractor whenever and wherever appropriate and no less frequently than once each week. If, however, in the opinion of the ARCHITECT, observations more frequently than once each week are required to protect the City's interest, the ARCHITECT shall so notify the City in writing, and the City may elect to require the ARCHITECT to make more frequent Project observations, and unless such observations are otherwise required by this Agreement, the ARCHITECT shall be compensated for same pursuant to the applicable provisions of this Agreement. It is expressly agreed, however, that the observations required by this Paragraph are in addition to any and all other observations which may be required elsewhere in this Agreement. The purpose of the observations required by this Paragraph is to determine the quality, quantity and progress of the work in comparison with the requirements of the Construction Contract. In making such observations, the ARCHITECT shall exercise care to protect the City from defects or deficiencies in the work, from unexcused delays in the schedule and from overpayment to the contractor. Following each such inspection the ARCHITECT shall submit a written report of such observations, together with any appropriate comments or recommendations, to the City. (d) The ARCHITECT shall at all times have access to the Work wherever it is located. (e) The ARCHITECT shall determine amounts owed to the contractor based upon inspections of the Work, evaluations of the contractor's rate of progress and upon evaluations of the contractor's applications for payment, and shall issue certificates for payment to the City in such amounts. (f) The issuance of a certificate for payment shall constitute a representation by the ARCHITECT to the City that the ARCHITECT has made an inspection of the work and that the work has progressed to the level indicated, that the quality of the Work meets or exceeds the requirements of the Construction Contract, and that, to the best of the knowledge, information and informed belief of the ARCHITECT, the contractor is entitled to payment of the amount certified. (g) The ARCHITECT shall be the initial interpreter of the requirements of the drawings and specifications and the judge of the performance thereunder by the contractor. The ARCHITECT shall render written or graphic interpretations necessary for the proper execution or progress of the work with reasonable promptness on request of the Contractor. (h) The ARCHITECT's decisions in matters relating to aesthetic effect shall be final if consistent with the intent of the Construction Contract. (i) The ARCHITECT shall reject work which does not conform to the Construction Contract unless directed by the City, in writing, not to do so. Whenever, in the ARCHITECT's opinion, it is necessary or advisable, the ARCHITECT shall require special inspection or testing of the work in accordance with the provisions of the Construction Contract whether or not such work is fabricated, installed or completed. (j) The ARCHITECT shall review and approve, or take other appropriate action upon, the contractor's submittals such as shop drawings, product data, samples, and certificates of insurance. Approval by the ARCHITECT of the contractor's submittal shall constitute the ARCHITECT's representation to the City that such submittal is in conformance with the Construction Contract. Such action shall be taken with reasonable promptness so as to cause no delay to the Contractor or the Project. (k) The ARCHITECT shall review and advise the City concerning proposals and requests for change orders from the Contractor, including the reasonableness and accuracy of the proposed cost of same. The ARCHITECT shall prepare change orders for the City's approval and execution in accordance with the Construction Contract. (1) The ARCHITECT shall conduct an inspection to determine the date of substantial completion and the date of final completion, shall receive and forward to the City for the City's review written warranties and related documents required by the Construction Contract and assembled by the contractor, and shall, when appropriate, issue a final certificate for payment. (m) The ARCHITECT shall, without additional compensation, promptly correct any errors, omissions, deficiencies or conflicts in the ARCHITECT's work product. (n) The ARCHITECT shall indemnify and hold harmless the City from and against all liability, claims, losses, costs and expenses arising out of, or resulting from, any negligent performance of professional services of the ARCHITECT or from the ARCHITECT's breach of any term or condition of this Agreement. In the event the City is alleged to be liable on account of alleged acts or omissions, or both, of the ARCHITECT, the ARCHITECT shall defend such allegations through mutually agreeable counsel and the ARCHITECT shall bear all costs, fees and expenses of such defense. Section 7. Responsibilities of the City (a) The City shall provide information as reasonably requested by ARCHITECT (unless the provision of such information is within the duties required by ARCHITECT under this Agreement), in a prompt manner so as to assist ARCHITECT in achieving compliance with the Schedule. (b) The Public Works Director shall be authorized to act on the City's behalf with respect to the Project as the City's designated representative. The Public Works Director shall render decisions and respond to ARCHITECT in a timely manner so as to assist ARCHITECT in achieving compliance with the Schedule. (c) In the event that the City becomes aware of any errors, omissions, inconsistencies, or other problems in the documents and plans provided by ARCHITECT, the City shall provide timely notice in writing to ARCHITECT advising ARCHITECT of same. Section 8. Method of Compensation; Time of Payment. ARCHITECT'S total compensation to be paid for all services rendered and costs incurred by ARCHITECT in completion of such services pursuant to this Agreement shall not exceed the City's overall budget for the Project for which such services are performed by ARCHITECT. City will compensate the ARCHITECT on an hourly rate, not to exceed, basis in the following phases: Pre Design/Schematic Design/Contractor Procurement $36,300 Construction Documents/Permitting $37,700 Construction Administration $40,000 Reimbursables (Estimated) $ 1,500 Total Compensation (not to exceed) $115,500 During the performance of said services, payments shall be made by the City to ARCHITECT at the completion of each design phase. At the completion of each phase, ARCHITECT shall submit to the City a statement in a form acceptable to the City and accompanied by appropriate supporting documentation demonstrating the services that were completed for the Project, and the compensation that is due for the same. The City shall review the statement and approve it with such modifications as are consistent with this Agreement. In the event that the City becomes credibly informed that any representations of the ARCHITECT regarding payment are wholly or partially inaccurate, the City may withhold payment of sums then or in the future otherwise due to the ARCHITECT until the inaccuracy, and the cause thereof, is corrected to the City's reasonable satisfaction. The City shall pay each such statement as approved within thirty (30) days after approval of the invoice by City staff, provided that the approval or payment of any such statement shall not be considered to be evidence of performance by ARCHITECT to the point indicated by ARCHITECT on such statement or of receipt of acceptance by the City of the services enumerated in such statement. Within five (5) days of receipt of each payment from the City, ARCHITECT shall promptly pay all fees owed to subconsultants and provide the City with written certification of same on a monthly basis. No payments will be made for unauthorized work. Payments will not be hand delivered. Section 9. Work Product Ownership. The City shall be the absolute and unqualified owner of all preliminary arrangements, work product, analysis, agreements, cost estimates, plans, or other documents prepared pursuant to this Agreement with the same force and effect as if the City had prepared same. ARCHITECT agrees to deliver to the City, upon request, all such information and work product. ARCHITECT may retain copies of such documents and information for use in the normal course of its business. The City, to the extent if any allowed by law, shall hold harmless the ARCHITECT from any unauthorized use or misuse of these instruments of service. Section 10. Independent Contractor. ARCHITECT will be an independent contractor under this Agreement, and will assume all rights, obligations, and liabilities applicable to it as such independent contractor hereunder. Any provisions of this Agreement that may appear to give the City the right to direct ARCHITECT as to the details of the services to be performed by ARCHITECT herein or to exercise a measure of control over such services will be deemed to mean that ARCHITECT shall follow the directions ofthe City with regard to the results of such services only. Section 11. Subconsultants: Successors and Assiens. ARCHITECT shall not subcontract with any third party for the performance of any portion of the Services without the prior written approval of the City. ARCHITECT shall be solely responsible for compensating any subconsultant it desires to retain. ARCHITECT shall not assign its rights hereunder, excepting its right to payment, nor shall it delegate any of its duties hereunder without the written consent of the City. Subject to the provisions of the immediately preceding sentence, the City and ARCHITECT, respectively, bind themselves, their successors, assigns and legal representatives to the other party to this Agreement and to the successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Section 12. Termination, Suspension of Agreement. (a) The City or ARCHITECT may terminate this Agreement for convenience at any time by giving at least thirty (30) days prior written notice to the other party. If this Agreement is terminated, the ARCHITECT shall be compensated for work actually performed at the agreed -to rates as covered in Section 4 of this Agreement, provided work product actually completed as of termination is delivered to City. Notice of Termination shall be given by the terminating party to the other party as addressed in Section 15(e) of this Agreement. The effective date of termination shall be thirty (30) days after the date of receipt of notice. (b) The City may terminate this Agreement for cause if ARCHITECT breaches any material provision of this Agreement. The City shall give ARCHITECT at least seven (7) days prior written notice of its intent to terminate the Agreement and the reasons therefore, and, if ARCHITECT fails to cure the default within that period, the termination shall take place without further notice. In the event of a termination for cause, ARCHITECT shall not be entitled to further payment until the work required under this Agreement on any Project that is active and ongoing at the time of such termination is completed by others. If the cost of completing the work required under this Agreement, combined with previous payments to ARCHITECT, exceed the overall budget for the particular Project assigned to ARCHITECT in accordance with this Agreement, ARCHITECT shall pay the difference to the City. (c) If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section 12(a). (d) The City may, without cause, order ARCHITECT, in writing, to suspend its performance hereunder in whole or in part. In the event any such suspension is for a consecutive period of less than thirty (30) days, or if multiple suspensions of less than thirty (30) days each do not exceed a cumulative total of forty-five (45) days, no additional compensation shall be due ARCHITECT as a result of such suspension or suspensions. Otherwise, ARCHITECT shall be compensated for the actual and reasonable costs resulting from such suspension or suspensions provided, however, the suspension or suspensions did not result from ARCHITECT's wrongful act or omission. Section 13. Venue, Jurisdiction of Disputes. Any dispute between the parties shall be subject to venue and jurisdiction in the Superior Court of Fulton County, Georgia. Section 14. Indemnification and Insurance. ARCHITECT shall indemnify and hold harmless the City, its officers, boards, commissions, elected officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, result from willful, negligent or tortious conduct and/or omission arising out of performance of professional services by the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose willful, negligent or tortious acts the ARCHITECT or subconsultant may be legally liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all such claims against the City or any of its agents or employees, by any employee of the ARCHITECT, any subconsultant, anyone directly or indirectly employed by the ARCHITECT or subconsultant or anyone for whose acts the ARCHITECT or subconsultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the ARCHITECT or any subconsultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Throughout the term of this Agreement, ARCHITECT and all of its subconsultants shall maintain insurance as outlined in Exhibit "C," attached hereto and incorporated herein by reference. ARCHITECT and all subconsultants shall provide the City with certificates of insurance and endorsements as required. All required insurance policies shall provide that the City is an additional insured and that the policies shall not be canceled without thirty (30) days prior written notice as prescribed in Section 15(e), or at such other address as may be provided by the City in the future. Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to this Section 14 of this Agreement. Section 15. Miscellaneous. (a) Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. (b) Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. (c) Counterparts. 'Phis Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. (d) Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including 10 any such part, parts or portions which may for any reason be hereafter declared invalid. (e) Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City Manager's Office Attn: Chris Lagerbloom 13000 Deerfield Parkway, Suite 107A Milton, Georgia 30004 With a copy to (copy shall not constitute notice to the CITY): Director of Public Works Attn: Carter Lucas, PE 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 NOTICE TO ARCHITECT shall be sent to: Wiley & Wilson, Inc. Attention: Robert Bass, PE 7000 Central Parkway, Suite 1475 Atlanta, Georgia 30328 (f) Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. (g) Force Majeure. Neither the City nor ARCHITECT shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of ARCHITECT; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. (h) Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. (i) No Third -Party Beneficiaries. Nothing contained herein shall create a contractual relationship with, or any rights in favor of, any third party. 16.0 Employment of Unauthorized Aliens Prohibited (a) E -Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia, unless the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "D" and `B" that it and Contractor's subcontractors have within the previous twelve (12) month period conducted a verification of the social security numbers of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of its verification process for a period of three (3) years following completion of the contract. This requirement shall apply to all contracts for the physical performance of services where more than three (3) persons are employed on the City contract. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making its records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may order the Contractor to terminate or require its subcontractor to terminate that person's employment immediately and to report same to the Department of Homeland Security. The Contractor's failure to terminate the employee, or otherwise cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 is mandatory. Contractor agrees that, in the event the Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure 12 from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. Contractor's compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor's affidavit attached as Exhibit "E." The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (b) SAVE Affidavit and Secure Verifiable Document. Pursuant to O.C.G.A. § 50- 36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor's legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit "F", and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor's legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] 13' 13 SIGNED, SEALED, AND DELIVERED In the presence of: AieCorporate 6Secrshould attest) V A(VlCQ(A,6 r' M�� Prin ame In to 1 ^ ) &L Notary Public [NOTARY SEAL] My Commission Expires: Wiley & Wil C;_ Signature g�--� ren anu Title [AFFIX CORPORATE SEAL] wrtsodo �'�% T • GSEAL `• i i 1972 f 0 r-rs' -'— Z = pUO�`G ;o: C COO SIGNED. SEALED. AND DELIVERED In the presence of: Witness - -- Notary Public [NOTARY SEAL] My Commission Expires: MILTON CITY COUNCIL: Joe Lockwood, Mayor 13 EXHIBIT "A" REQUEST FOR QUALIFICATIONS 14 City of Milton N. REQUEST FOR Qt 1 ALIFICATIONS To Provide Architectural Services for the Hopewell House Renovations 12-RFQCDOI City of Milton 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 678-242-2511 Introduction: The City of Milton (City) requests Statement of Qualifications (SOQ) from qualified architectural firms for design and construction administration services for the Hopewell House renovation. Upon review of qualifications received, the City anticipates awarding a single contract for the services required. Proiect Description: The City was incorporated in 2006 and is in the process of developing and expanding its public facilities. The city is proposing to renovate the Hopewell House located at 15690 Hopewell Road, Milton, Georgia and convert the facility into a senior center. It is the intent of the City to utilize as part of its funding source, Community Development Block Grant Funds. Therefore, all construction documents will need to be mindful of federal bidding conditions and requirements imposed by use of these funds. The selected firth will be required to coordinate all necessary work for the project. The project consists of the renovation of a historic residential structure which is currently eligible for inclusion onto the National Register of Historic Places, although it has not as yet been listed. However, since federal Community Development Block Grant funds are to be used to pay for part of the project, any renovation must be sensitive to this potential designation and will require consistency with the Secretary of Interior's Standards for Treatment of Historic Properties. Besides the conversion of the structure into a senior center, the intent is also to use this structure from time to time as an event facility. Therefore, the construction of a commercial kitchen is included in the scope of work. Lastly, a significant amount of site work will be needed in order to relocate the entrance driveway and to create approximately ten parking and two handicapped spaces. The Scope of Services may include, but are not limited to, the following: • Recommendations for stabilization of existing structure to support the intended use, • Architectural Programming, • Site Evaluation. The selected firm shall evaluate the existing conditions of all mechanical, electrical, plumbing, structural and other systems to determine their overall condition for the intended use, • Measured Drawings of Existing Conditions, • Schematic Design services, • Design Development services, • Construction Document services, o Structural Design services, a Civil Site Design. The city is working on intersection improvement designs for the intersection of Birmingham Road and Hopewell Road. The selected firm will be required to coordinate all entrance design features with the intersection project, o Mechanical, Electrical, and Plumbing, Fire Protection Services, o Interior Design/ Furnishing & Equipment Selection, o Signage/ Graphics services, o Code Review and Compliance, o ADA Review and Compliance o All other services as may be necessary for the design of the facility. • Construction Administration services, Page 2 of 8 • Budgeting/Detailed Construction Cost Estimates, • Project Scheduling, • Minimum of one (1) meeting on site per week during construction phase, • Internal and regulatory agency project approval coordination. The selected consultant shall be prepared to provide the entire scope of services listed above. The City will not accept a SOQ from firms interested in performing a single function of the scope of services. Firms with a background in only one area of expertise should form a partnership with other firm(s) and submit a single, coordinated SOQ as a team, with one firm identified as the lead consultant, and others listed as sub -consultants. The final scope of work will be completed by the City and the selected consultant during contract negotiations and incorporated into the final Professional Services contract. Proiect Schedule: Task Date Issue RFQ September 4, 2012 MANDATORY Pre-bid Meeting w/ site visit. Meeting will begin at City Hall September 14, 2012 @ 10:00 Court/Council Chambers am 13000 Deerfield Parkway, Suite 107E, Milton, Georgia 30004 Deadline for questions( All questions will be in written format: September 18, 2012 email) Answers Posted by the City September 21, 2012 (Addendum) Qualifications Due September 27, 2012 @ 2:00 PM Interview Firms (if necessary) October 8-9, 2012 Award Contract November 512012 Qualification Format: All qualifications shall be submitted in written format. The submittal unust be in the format outlined herein. Each submittal will be reviewed to determine if it is complete and properly formatted prior to actual evaluation. A total of four (4) copies shall be submitted to the City. IMPORTANT: There will be a MANDATORY pre-bid meeting with a site visit on September 14, 2012 at 10:00 am. There will be a site visit immediately following the meeting where the building will be open for inspection. The meeting will be held in the City Page 3 of 8 of Milton Court/Council chambers at 13000 Deerfield Parkway, Suite 107E, Milton, Georgia 30004. Failure to attend both the pre-bid meeting and the site visit may result in the rejection of the SOQ. All written submittals shall be formally bound in spiral type binding and shall be produced in a minimum 11 point font. No 3 ring or similar binders will be accepted. The City will not accept any submittal by facsimile, electronic submission or any other method other than required by this RFQ. Receipt of all Addenda to this RFQ, if any, must be acknowledged by attaching a signed copy of each Addendum Acknowledgement to the RFQ submittal. All Addenda shall become part of the requirements of this RFQ. Failure to acknowledge receipt of an Addendum may result in rejection of the SOQ. All Addenda will be posted at same websites as the RFO. Disclosure form included in this RFQ must be submitted with the Statement of Qualifications. Failure to submit the Disclosure form may result in the rejection of the SOQ. Oualiication Content: The response to this RFQ should include background information about the company, its employees, and its experience with related projects and clients. It should cover the experience of the firm, as well as any consultants on the proposed team. For the purposes of the RFQ, the term "company" shall refer to the prime respondent of this RFQ, or in other words, the company with whom the City will contract. The term "consultant" shall refer to any and all consultants with whom the prime respondent will be including on the project team. The SOQ shall clearly delineate any experience, background, etc. between the prime "company" and "consultants". Specifically, the SOQ should address the following information: Key Personnel and Oualifications: 1. Company profile listing: name, address, year established, type of ownership, size of company and staff, and an organization chart. If company has multiple offices, please list where the work for this project will be performed. Please also list the number of states in which the company has performed historic renovations. 2. Information about the overall makeup of the project team, including: the identity of all key personnel, a description of their respective responsibilities and duties, and each team members experience with historic renovation and federally funded projects, include any experience with the use of CDBG funds. 3. Should the firm be selected to participate in an interview, the Company's designated project manager must present the firm's qualifications and take the lead in answering questions. 4. Information about any consultants to be included on the team. Identify consultant Page 4 of 8 Company's name, address, telephone number, contact person, names and job description of key personnel. Identify consultants experience with historic properties. Past Experience with Similar Proiects: 5. Company's experience as prime designer on a project team. 6. Summary of at least three (3) similar projects for which the Company was responsible within the past five (5) years. Similar experience shall mean a restoration or renovation project completed with any municipal, county or state government. Preference will be given to those projects that involved the use of federal funds, particularly CDBG funds. Each of the project summaries should include the following: a. Description of the facility, including: size, construction cost and year completed, b. Pictures of finished facility, c. Design start and completion dates, d. Construction start and completion dates, e. Degree of involvement (principals or consultant), f. Type of funding used for the project, g. Project references including names, addresses, and telephone numbers. Proposed design approach by company for this project. The City desires to procure an architectural firm with experience in historic property renovations, and or restorations. Experience in conversions from residential to commercial uses is helpful as is the installation of commercial kitchens within historically sensitive properties. Please describe the company's perspective on historic renovations and how that will be incorporated into the project approach. This should include how the firm will maintain open communications with necessary city staff. 8. Past experience with LEED certified projects. Include the Company's or Consultant's role in the project and the level of certification achieved. Proiect Delivery: 9. Current company workload and ability to perform work for this project. 10. Schedule is an important component for this project. A detailed project schedule shall be submitted for review that includes start and completion dates for the various components of the design. An estimated construction time frame shall also be included. The City will also review design start and completion dates and construction start and completion dates provided in the project summaries as part of this requirement. Miscellaneous: 11. Listing of any pending or settled lawsuits or professional liability claims in which any member of the design team was involved during the past ten (10) years. Page 5 of 8 12. Provide the billing rates or range for each classification of key staff members, including sub -consultants. 13. Additional information the respondent believes to be relevant to the selection efforts of the City. Evaluation Criteria: In evaluating the SOQ submittals the City is particularly interested in a design team that demonstrates timely, functional and cost effective methods to accomplish the design of the facilities. The City expects that the response to this RFQ will provide adequate information about the team's organizational structure, key personnel and past experience with similar projects. It is the City's intent to bring in for discussion a short- listed group of firms. The selection committee will use the following criteria to evaluate each SOQ: A. Key personnel qualifications (35%) B. Past experience with similar projects and design approach (30%) C. Project Delivery (25%) D. Miscellaneous (10%) Qualifications Submission: Submit four (4) copies of the written qualifications no later than 2:00 PM, September 27, 2012 to the Purchasing Department at City Hall in Suite 107G. No qualifications will be accepted after this time. No faxed submission will be accepted. SOQ submittals will be opened in the Court Room in City Hall at approximately 2:05PM and each submitters name will be announced. Due to time limitations of the committee members, please limit your submittal to 30 pages. The disclosure form is not included in the 30 page limit. Statements of qualifications longer than 30 pages may be removed from consideration. Submit qualifications to: Rick Pearce Purchasing City of Milton, GA 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Firms are not allowed to communicate with any City staff or elected officials regarding this procurement, except at the direction of Rick Pearce. Any unauthorized contact may disqualify the firtn from further consideration. All questions regarding this project should be directed to Rick Pearce in writing at rick.pearce@cityo,fniiltonga.us. Page 6 of 8 General Comments: Finn(s) must be licensed to practice in the State of Georgia. 2. Any cost incurred by respondents in preparing or submitting qualifications for the project shall be the respondents' sole responsibility. All responses, inquiries, or correspondence relating to this RFQ will become the property of the City when received and shall be regarded as public record. 4. The City reserves the right to refuse any or all packages received. The City reserves the right to select an architectural firm without holding interviews. 6. The City reserves the right, at its sole discretion, to cancel or modify this RFQ at any time. 7. The City reserves the right to reject any and all submittals or responses at any time. 8. The City reserves the right to request further documentation or information, and to discuss an RFQ submittal for any purpose in order to answer questions or to provide clarification. 9. It shall be the submitter's responsibility to ensure delivery of the RFQ to the receptionist's desk at the designated office by the designated time. Late submittals will not be opened and may be returned or destroyed if requested. Regardless of cause, late submittals will not be accepted and will automatically be disqualified from further consideration. Page 7 of 8 DISCLOSURE FORM RESPONDERS MUST RETURN THIS SHEET WITH RESPONSE This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your package when it is submitted. Name of Responder Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: Page 8 of 8 Exhibit A Property Boundary and Topographic Survey No Text Exhibit B Existing Building Plans LL Z —J LLJ cC < LLJ -j c�� LLJ < Z Z Z r- -n a. < 94 0 O o < o r 0 Z 0 IA — z Z Z Z <:5 r- -n a. < 94 0 O o < o r 0 Z 0 lz= — z Z Z Z <:5 r- -n a. < 94 0 O o < o r 0 Z 0 lz= uj Lv o tt �-o y U < F - e5 w LL Z _j LL� O Lj ,A; !: ----------- ______ --- .7 --------- -- ---------- ------ - --------- — 4 yy3 11 we Awl ss%q -Z f t 21MIS'll.'s � .0-.1+37" a Im "s I,IL LLLLJ (IJZ -j Z; LJ LL r ��� ��� ~ -J LLJ j � \ k � � � /?\ / � Q _ � ��\ = LL,z -JL a ;a•�, -,,spy>:>' k U� Etc = u �j .M. r. rre■ rr ri u .ra..a o .Ml r arca ' ■ones ■aaac rr i9m t! I iiwnr z' 0. P a:_f F•5 y¢y'f,ciF=�"�ik��`'s Y r �'�;.'y7$F Jz /S z ;a•�, -,,spy>:>' Etc -"F=Hxl�q LLJ \\\\\\�\\\�\�` - - /7�/ \\ \ J\!\ \» � \1\ \ ZIP T\ -m 56 Exhibit C Conceptual Design CONCEPTUAL DESIGN AND OPINION OF PROBABLE COST FOR Precision Planning, Inc. planners, engineers, architects 8 surveyors Presented to the City of Milton August 13, 2012 Precision Planning, Inc. planners, engineers, architects & surveyors A II "!mar, Husii;ass Entetprrkc (}6E£) August 13, 2012 Mr. Carter Lucas, Public Works Director City of Milton 13000 Deerfield Parkway Suite 107G Milton, GA 30004 Re: Conceptual Design for Renovation of the Hopewell House Dear Mr. Lucas: Contained herein, please find the Conceptual Design Report along with a Pricing Narrative for the Renovation of the Hopewell House, prepared by Precision Planning, Inc. Included in this report is a Space Utilization Diagram illustrating a potential layout of code required spaces for the existing facility, Conceptual Design of proposed renovated spaces, along with a Pricing Narrative and Opinion of Probable Cost for the conversion of this house into a Senior Center. We appreciate having the opportunity to work with you on this important project, and we welcome any input you may have. We look forward to proceeding into detailed architectural design, during which our team will provide documents that can be used for permitting, bidding and construction of the renovated Hopewell House. Sincerely, Lance Davis, AIA Assistant Vice President LD:kb G:\OOCUMENT\12\12-ItA\REPORT\IOVER lE 1 ILK 08-06-12.000 400 Pike Boulevard • P.O. Box 2210 • Lawrenceville. GA 30046-2210 770.338.8000 telephone • 770.822.5990 fax • www.ppi.us EXECUTIVE SUMMARY71 r_ 01. It J , ....fit ...._ . 02 GRAPHICS 03 PRICING NARRATIVE 04 PRELIMINARY OPINION OF PROBABLE COST Executive Summary . Project Scope and Intent In June of 2012, the City of Milton, Georgia, contracted with Precision Planning, Inc. for a Conceptual Design and Pricing Narrative for the Renovation and Conversion of the Hopewell House into a Senior Center. The scope of services included the following: • Meeting with Client representatives to discuss goals and objectives • Walk through existing building with Client Representatives • Review of program developed by the Client • Preparation of conceptual building layout sketch and submittal for review and approval by Client • Preparation of pricing narrative to assist in defining the scope of the construction project • Development of a preliminary Opinion of Probable Cost for the renovation Included in Report Existing Floor Plan of Hopewell House Existing floor plans were prepared based on drawings provided by the Client. Space Utilization Plan and Conceptual Design for Senior Center Floor Plans were prepared to indicate primary function spaces, designated spaces for new ADA restrooms, and areas affected by ADA accessibility requirements. Pricing Narrative A pricing narrative to assist in defining the scope of the construction project was prepared based on a general cursory code review and input from Client. Preliminary Opinion of Probable Cost A Preliminary Opinion of Probable Cost was prepared based on costing data/information received from Client and verification of costing data from other sources. All of the information and data documented in this report is intended to assist the City as it moves forward with the preparation of construction documents necessary for permitting, bidding and renovation of this house to convert it into a new Senior Center. Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 r . _ sl y kk GRAPHICS IIf1 02 GRAPHICS 03 PRICING NARRATIVE 04 PRELIMINARY OPINION OF PROBABLE COST KL ,- 11 A21 No Text NOIgIW JO 'kilo N NOIJLVAO aN 3SfIOH 'IrIHMUGH M 00 NOI IIIN 30 AID MOIIVAONaN HsnOH glHrnRdOH c O � ¢ v; ¢ p F a X a^ z y z K d�V OL ryi� F W �n c4n0'¢ zJ W FQ U< O OOz > Nva xp< Zu a ^� r— �zana 7+Z) vw,w� ��m LL F0.1 �a.a -��� w U3 v�wEn p ] p ya FOUz�0 zLU y�3 aapx a oz uoll1w 3o AID N MOIIVAoXHU FlSfIOH 'I'IHAkHdoH M 00 TABLE OF CONTENTS 01 EXECUTIVE SUMMARY 02 GRAPHICS 03 PRICING NARRATIVE 04 PRELIMINARY OPINION OF PROBABLE COST t �j .+ PRICING NARRATIVE r 7 TABLE OF CONTENTS 01 EXECUTIVE SUMMARY 02 GRAPHICS 03 PRICING NARRATIVE 04 PRELIMINARY OPINION OF PROBABLE COST Pricing Narrative . The pricing narrative was prepared based on the following: ➢ The existing structure is a wood framed historic house that has several additions. There have been some modernizations to the mechanical, plumbing and electrical systems over the years. ➢ The use of the structure will be converted from a residential use to a senior center. ➢ The upper level of this wood framed historic house will not be used when the house is converted into a senior center. This is based on Client input and the fact that it would not be feasible, from a cost standpoint to upgrade access to this space, as well as upgrading structural supports in order for the framing system to support code required loads. ➢ Only primary function spaces used by the general public will be upgraded as required to be ADA accessible. ➢ Existing kitchen space will be remodeled and upgraded into a new commercial kitchen. Anticipated Work Items Building Items- • Under -floor ventilation in crawl space shall be upgraded as required. • Existing openings for crawl space ventilation shall be covered with screen wire to prevent rodent access. • Structural support for floor system shall be upgraded as required. • Floor system in primary function spaces used by the general public shall be leveled. • Existing door openings in primary function spaces shall be upgraded to 3'-0" wide by 6'-8" (minimum) tall with ADA complaint hardware as required. • Create four (4) ADA compliant restrooms (two male and two female restrooms). • Each restroom shall contain a water closet, grab bars, wall mounted lavatory, and mirror. • Additional restroom accessories, such as toilet paper dispenser, soap dispenser, towel dispenser, waste receptacle, and coat hook, shall be required. • All pipes located under wall mounted lavatories shall be protected or insulated to protect against contact. • Walls and blocking shall be upgraded or provided as required at wall mounted equipment. • Grab bars shall withstand a load of 250 lbs. applied in any direction. • Replace windows. • Add insulation, as required to comply with code requirements. • Install interior signage at primary function spaces. Mechanical- • Existing HVAC systems shall be inspected to ensure proper operation and adequate capacity for new use. • Existing HVAC systems (if retained for senior center) shall be upgraded as required to comply with codes. Additional systems may be required to provide enough fresh air into spaces to comply with codes (this will have to be analyzed during detailed design and permitting). Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 Pricing Narrative Plumbing- • Domestic water service line shall be upgraded as required to comply with codes, serve existing plumbing fixtures and new restrooms, as well as new commercial kitchen equipment. • Existing water heater shall be inspected to ensure proper operation and adequate capacity for new use and new equipment. • Existing water heater (if retained for senior center) shall be upgraded as required to comply with codes (i.e., expansion tank, T&P valve with associated piping, etc.). • All new hot water pipes associated with new plumbing equipment shall be insulated. • Existing hot water pipes associated with existing plumbing equipment shall be insulated as practical. • One (1) new ADA accessible drinking fountain shall be installed. • One (1) new mop sink shall be installed. • New point source automatic grease removal system, similar to "Thermaco Big Dipper" (pending final design by plumbing engineer and permitting approval by authorities having jurisdiction), shall be installed in new commercial kitchen. • New floor drains shall be installed as required in new commercial kitchen. Electrical- • Electrical service shall be upgraded as required to support new commercial kitchen equipment. • Existing electrical wiring and receptacles shall be inspected to ensure compliance with codes. • Electrical receptacles shall be added as required by codes. • Lighting shall be upgraded as required to comply with codes and user requirements. • Exit lights and emergency lighting shall be installed as required by codes. • Smoke detectors shall be installed as required by codes. New Commercial Kitchen- • Existing floor structure shall be upgraded as required to support the weight of new equipment and new floor finish system. • Install new floor finish system that complies with code requirements. • Existing walls and ceiling in kitchen area shall be upgraded as required structurally to support new covering. • Install new wall finish system that complies with code requirements. • Install new ceiling finish system that complies with code requirements, light-colored, smooth, nonabsorbent, and easily -cleanable. • Install new commercial exhaust hood system with built-in fire suppression over new range (Denlar Fire Protection 1000 Series or equal). Hood shall be vented to exterior of building. Upgrade structure as required for equipment support and venting to exterior. • Install stainless steel wall panel between top of range and bottom of hood. • Install the following commercial grade appliances: o Hand sink o Three -compartment sink o Refrigerator o Freezer o Dishwasher o Range o Ice maker o Food prep sink Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 Pricing Narrative - Site Items - (These items are based on discussions and input from Client.) • Demolish existing sheds. • Install deceleration lane and entry drive. • Install new parking lot and drives [ten (10) parking spaces and two (2) ADA parking spaces). • Install new dumpster pad and enclosure. *This item to be confirmed during permitting. • All paving shall be heavy duty to support dumpster truck and/or vans. • Provide earthwork as required for new parking and drives (significant fill dirt may be required in area of new ADA parking spaces). • Install new ADA compliant access consisting of stairs, ramp, and railing at two (2) entrances into building. • Install new water service from road to building. • Install new site lighting. • Install new sidewalks. • Install new signage. • Install new stormwater management. • Install new septic system. *Exact system configuration shall be determined based on confirmation of existing system in place, soils testing and permitting requirements. Contingency Fund - Due to the age of this building and extent of renovation work, we highly recommend a contingency fund to cover unforeseen conditions that will be uncovered during construction. Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 PRELIMINARY OPINION OF'' PROBABLE COST �� TABLE OF CONTENTS 01 EXECUTIVE SUMMARY 02 GRAPHICS 03 PRICING NARRATIVE 04 PRELIMINARY OPINION OF PROBABLE COST XY, Building Items Crawls ace upgrades $2,500 Structural support for floor system $35,000 Upgrade door openings 12 @ $1000 each $12,000 ADA restrooms @ $7,000 each $28,000 Replace windows 31 @ $400 each $12,400 Add insulation $20,000 Plug chimneys $2,500 Interior signage $1,000 Furniture allowance $15,000 Fire protection allowance $5,000 MECHANICAL $15,000 PLUMBING $15,000 ELECTRICAL $15,000 COMMERCIAL KITCHEN $75,000 Site Items $80,000 Demolish existing sheds and haul off $2,500 Right of way improvements $41,600 Water connection $20,000 Septic System Upgrades $10,000 Parking lot and drives $45,000 Dumpster pad/enclosure $10,000 Site grading/fill $20,000 Sidewalks $5,000 Site lighting $25,000 Signage $7,500 Stormwater $25,000 ADA stair/ramp 2 @ $10,000 each $20,000 CONTINGENCY FUND $50,000 TOTAL CONSTRUCTION COST $535,000 Preliminary Opinion of Probable Cost SOFT COSTS $80,000 Design/Engineering Fees $10,000 Civil $18,000 Architectural $26,000 Structural $12,000 Mechanical $6,000 Plumbing $6,000 Electrical $6,000 Contractor Fees $80,000 Testing Services $10,000 TOTAL $164,000 TOTAL PROJECT COST $699,000 Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 - - ,:t ,.._._ .. \ ^' �:� g•-= .a+ %f � s. —rte^ "'t � v ' � f f i T'. t� 1 c .. Precision Planning, Inc. planners, engineers, archhects a surveyors www PPI US www.ppi.us T: 770.338.8000 Pricing Narrative . The pricing narrative was prepared based on the following: ➢ The existing structure is a wood framed historic house that has several additions. There have been some modernizations to the mechanical, plumbing and electrical systems over the years. ➢ The use of the structure will be converted from a residential use to a senior center. ➢ The upper level of this wood framed historic house will not be used when the house is converted into a senior center. This is based on Client input and the fact that it would not be feasible, from a cost standpoint to upgrade access to this space, as well as upgrading structural supports in order for the framing system to support code required loads. Only primary function spaces used by the general public will be upgraded as required to be ADA accessible. Existing kitchen space will be remodeled and upgraded into a new commercial kitchen. Anticipated Work Items Building Items- • Under -floor ventilation in crawl space shall be upgraded as required. • Existing openings for crawl space ventilation shall be covered with screen wire to prevent rodent access. • Structural support for floor system shall be upgraded as required. • Floor system in primary function spaces used by the general public shall be leveled. • Existing door openings in primary function spaces shall be upgraded to 3'-0" wide by 6'-8" (minimum) tall with ADA complaint hardware as required. • Create four (4) ADA compliant restrooms (two male and two female restrooms). • Each restroom shall contain a water closet, grab bars, wall mounted lavatory, and mirror. • Additional restroom accessories, such as toilet paper dispenser, soap dispenser, towel dispenser, waste receptacle, and coat hook, shall be required. • All pipes located under wall mounted lavatories shall be protected or insulated to protect against contact. • Walls and blocking shall be upgraded or provided as required at wall mounted equipment. • Grab bars shall withstand a load of 250 lbs. applied in any direction. • Replace windows. • Add insulation, as required to comply with code requirements. • Install interior signage at primary function spaces. Mechanical- • Existing HVAC systems shall be inspected to ensure proper operation and adequate capacity for new use. • Existing HVAC systems (if retained for senior center) shall be upgraded as required to comply with codes. Additional systems may be required to provide enough fresh air into spaces to comply with codes (this will have to be analyzed during detailed design and permitting). Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 201.2 Pricing Narrative . Plumbing- • Domestic water service line shall be upgraded as required to comply with codes, serve existing plumbing fixtures and new restrooms, as well as new commercial kitchen equipment. • Existing water heater shall be inspected to ensure proper operation and adequate capacity for new use and new equipment. • Existing water heater (if retained for senior center) shall be upgraded as required to comply with codes (i.e., expansion tank, T&P valve with associated piping, etc.). • All new hot water pipes associated with new plumbing equipment shall be insulated. • Existing hot water pipes associated with existing plumbing equipment shall be insulated as practical. • One (1) new ADA accessible drinking fountain shall be installed. • One (1) new mop sink shall be installed. • New point source automatic grease removal system, similar to "Thermaco Big Dipper" (pending final design by plumbing engineer and permitting approval by authorities having jurisdiction), shall be installed in new commercial kitchen. • New floor drains shall be installed as required in new commercial kitchen. Electrical- • Electrical service shall be upgraded as required to support new commercial kitchen equipment. • Existing electrical wiring and receptacles shall be inspected to ensure compliance with codes. • Electrical receptacles shall be added as required by codes. • Lighting shall be upgraded as required to comply with codes and user requirements. • Exit lights and emergency lighting shall be installed as required by codes. • Smoke detectors shall be installed as required by codes. New Commercial Kitchen- • Existing floor structure shall be upgraded as required to support the weight of new equipment and new floor finish system. • Install new floor finish system that complies with code requirements. • Existing walls and ceiling in kitchen area shall be upgraded as required structurally to support new covering. • Install new wall finish system that complies with code requirements. • Install new ceiling finish system that complies with code requirements, light-colored, smooth, nonabsorbent, and easily -cleanable. • Install new commercial exhaust hood system with built-in fire suppression over new range (Denlar Fire Protection 1000 Series or equal). Hood shall be vented to exterior of building. Upgrade structure as required for equipment support and venting to exterior. • Install stainless steel wall panel between top of range and bottom of hood. • Install the following commercial grade appliances: o Hand sink o Three -compartment sink o Refrigerator o Freezer o Dishwasher a Range o Ice maker o Food prep sink Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 Pricing Narrative . Site Items - (These items are based on discussions and input from Client.) • Demolish existing sheds. • Install deceleration lane and entry drive. • Install new parking lot and drives [ten (10) parking spaces and two (2) ADA parking spaces]. • Install new dumpster pad and enclosure. *This item to be confirmed during permitting. • All paving shall be heavy duty to support dumpster truck and/or vans. • Provide earthwork as required for new parking and drives (significant fill dirt may be required in area of new ADA parking spaces). • Install new ADA compliant access consisting of stairs, ramp, and railing at two (2) entrances into building. • Install new water service from road to building. • Install new site lighting. • Install new sidewalks. • Install new signage. • Install new stormwater management. • Install new septic system. *Exact system configuration shall be determined based on confirmation of existing system in place, soils testing and permitting requirements. Contingency Fund - Due to the age of this building and extent of renovation work, we highly recommend a contingency fund to cover unforeseen conditions that will be uncovered during construction. Precision Planning, Inc. Conceptual Design for Renovation of the Hopewell House, City of Milton August 13, 2012 EXHIBIT "B" ARCHITECTS PROPOSAL W STATEMENT OF WORK Hopewell House Rehabilitation Conceptual Design, Construction Documents, and Optional Construction Administrative Services Revised February 14, 2013 PROJECT BACKGROUND The City of Milton was incorporated in 2006 and is in the process of developing and expanding its public facilities. The city is proposing to renovate the Hopewell House located at 15690 Hopewell Road, Milton, Georgia and convert the facility into a senior center. It is the intent of the City to utilize as part of its funding source, Community Development Block Grant Funds. Therefore, all construction documents will need to be mindful of federal bidding conditions and requirements imposed by use of these funds. The selected firm will be required to coordinate all necessary work for the project. The project consists of the renovation of a historic residential building, which is currently eligible for inclusion into the National Register of Historic Places, although it has not as yet been listed. However, since federal Community Development Block Grant funds are to be used to pay for part of the project, any renovation must be sensitive to this potential designation and will require consistency with the Secretary of Interior's Standards for Treatment of Historic Properties. STANDARDS All architectural, engineering, and landscape architecture work produced under this contract shall be performed under the direct supervision of a professional architect/engineer/landscape architect and all work shall be stamped by an architect/engineer/landscape architect registered in the State of Georgia. All designs shall comply with the latest versions of the following: • International Family of Codes, primarily the IBC (International Building Code) • NFPA 101 (National Fire Protection Association's Life Safety Code) • The Secretary of the Interior's Standards for the Treatment of Historic Properties • Local codes as required by utility companies for service connections. GENERAL DESCRIPTION OF WORK: This element of work shall consist of architectural and engineering inspections and recommendations, design development, construction documents, and supplemental services; and include, but not be limited to, the following components: • Building and Site Evaluation o Evaluate the existing architectural features, and mechanical, electrical, plumbing, structural and other systems to determine their overall condition for the intended use of the building. o Evaluate the existing site features and landscape components to determine their condition and identify areas for treatment. • Measured Drawings of Existing Conditions o Using the existing drawings (to be provided by the City), all current conditions will be verified and documented. An updated set of measured drawings will be produced as a basis for Conceptual Drawings. • Recommendations for emergency stabilization treatments o If required, such treatment recommendations would be provided as a trip report after the evaluation, noting items that need to be accomplished as soon as practical to ensure the structural integrity of the building, and ultimately to support its intended use. Architectural Programming o Review existing program documents and conceptual drawings. o Review use options with the City for the building and site with regard to historic preservation, architectural, structural, mechanical, plumbing, electrical, and civil considerations. This will be accomplished at a pre -design meeting. o Review City -approved options with Community stakeholders at a pre -design meeting, following the initial meeting with the City. • Design Development services o Preliminary architectural and engineering drawings. Landscape master plan is not part of base scope but can be provided as an additional service. o Outline specifications o Preliminary Class B Construction Cost Estimates o Historic Preservation services, including: o Providing treatment recommendations and designs that adhere to the Secretary of the Interior's Standards far Rehabilitation o Coordination with State Historic Preservation Office • Construction Document services Architectural Design o Develop rehabilitation drawings that support the intended use of the building as a senior activity center and special events facility, while retaining its historic character and overall architectural integrity. All treatments will fully address the needs of the end-user(s), and will minimize the impact on the historic fabric of the building in consideration of the intended NRHP nomination project (not included in this scope of work). o Ensure compliance with the Americans with Disabilities Act (ADA) o Incorporate necessary signage and graphics for end-user(s) Historic Preservation services o Provide designs that adhere to the Secretary of the Interior's Standards for Rehabilitation o Coordinate with the State Historic Preservation Office Structural Design o Describe recommended destructive and non-destructive testing o Develop engineering drawings to strengthen, if required, the existing structures for suitable public facility loadings Civil Site Design - The city is working on intersection improvement designs for the intersection of Birmingham Road and Hopewell Road. o Coordinate all entrance design features associated with the intersection project. The actual design of turning and deceleration lanes is not included in the base scope of work. o Develop demolition, site layout, erosion and sediment control, grading, utility, septic, landscape and detail drawings, as required by the city of Milton for permitting. A Tree Protection and Replacement Plan is not part of this design package, but can be provided as an additional service. • Mechanical Design o Develop engineering drawings to retain the existing systems in place, introduce outdoor air to each existing system based on minimal occupancy, add a new cooling -only split system in the attic to supplement the existing systems when high occupancy is incurred, and any other necessary rehabilitation treatments necessary to support the intended use of the building. • Electrical Design o Develop, as necessary, engineering drawings for a new distribution panel to be connected to the existing wiring, new circuits run forthe new kitchen and HVAC equipment, and any new lighting, as indicated on the architectural drawings • Plumbing Design o Develop engineering drawings for a new water service entrance connecting the building to the Fulton County water system. The meter will be provided and installed by the county water department. o Provide new plumbing fixtures, as indicated on the architectural plans • Fire Protection Design o Evaluate the architectural design for compliance with the code analysis. Provide input to the architect as required to ensure that the building complies with the minimum requirements for egress and life safety considerations. o Provide performance specifications for the applicable fire protection systems o The production of fire alarm plans and details are not included in the base scope of work. • Specifications and Construction Cost Estimates for all disciplines • Interior Design/Furnishing and Equipment Selection • Building code review and compliance • Updates to the Construction Documents as necessary for the building permit. The Contractor will actually pull the permit and all the individual trade permits. • All other design services as may be necessary to fully develop construction documents for the approved concept for the building and site. • Construction Administration services • Bidding/negotiation/contract assistance o Review contractor technical qualifications to ensure experience with historic preservation projects and overall quality of work. o Review contractor bids to ensure they address the full design and contract line items • Budgeting/Detailed Construction Cost Estimates • Project Scheduling o Review the contractor's critical path scheduling during construction • Meetings on-site during construction phase, as required for discipline inspection, as directed by the City of Milton • Review of submittals, RFIs and shop drawings • Review of Contractor's submittals to assist the City in obtaining a Certificate of Occupancy. SCHEDULE AND SUBMISSIONS Schedule Upon receipt of the Notice to Proceed by the Contracting Officer, the A/E shall proceed with the furnishing of the services and products as defined above within the following schedule: Initial project coordination meeting & building/site inspection TBD A/E preliminary findings for Programming Meeting 3 weeks Comments from City on preliminary findings 2 weeks A/E preliminary sketches for Stakeholder's Meeting 2 weeks (Dependent on public meeting notice requirements) Design Development & Class B Cost Estimate 4 weeks Comments from City on Design Development 2 weeks 90% Construction Documents & Class B Cost Estimate 4 weeks Comments from City on 90% CDs 4 weeks (Dependent on SHPO and City DRB and HPC review requirements) Draft Final CDs & Class A Cost Estimate 4 weeks (Permitting set) Comments from City on Draft Final CDs 2 weeks Final CDs & Class A Cost Estimate 2 weeks Total Schedule Length, from site inspection to submittal of Complete construction documents 29 weeks *This schedule is subject to change dependent on City and State review requirements. Draft Submittals All draft submittals shall be in electronic format. Final Submittal Produce and submit to City the final documents in hard copy and in PDF files on computer disks. End of Scope illWileylWilsor y Constant Progress Project Hopewell House Rehabilitation Location: Milton, Georgia -Professional Man -Hours, $ Direct Design Costs (Loaded Hourly Rates) Principal -in -Charge -Professional Man -Hours, $ 216.98 Project Manager -Professional Man -Hours, $ 135.19 Architectural -Sr. Architect Man -Hours, $ 132.76 -Architect Man -Hours, $ 92.43 -Architectural Intern Man -Hours, $ 76.68 Historic Preservation -Professional Man -Hours, $ 131.32 Structural -Sr. Structural Prof Eng Man -Hours, $ 141.20 -Structural Designer Man -Hours, $ 93.17 Mechanical -Sr. Mechanical Prof Eng Man -Hours, $ 135.49 -Mechanical Designer Man -Hours, $ 98.43 Electrical -Sr. Electrical Prof Eng Man -Hours, $ 125.18 -Electrical Designer Man -Hours, $ 98.43 Civil -Sr. Civil Prof Eng Man -Hours, S 141.20 -Civil Designer Man -Hours, $ 67.60 Document Prep -CAD Technican Man -Hours, $ 66.13 -Clerical Man -Hours, $ 66.13 Direct Design Costs Subtotal Additinnal Cnsts Subcontractors - Cost + 10% Reimbursable Costs Supplies, Reproduction, Shipping at Cost Mileage $0.565 per mile 2/14/2013 EXHIBIT "C" PROFESSIONAL LIABILITY AND OTHER INSURANCE 17 WILEY-1 OP ID:.i A�ORO CERTIFICATE OF LIABILITY INSURANCE DA02/19/201TE Y) 02/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 800-365-0101 Scott Insurance (Lynch) (y ) Fax: 434-832-2296 P O Box 10489 Lynchburg, VA 24506 Jimmy Watts -Lynchburg CONTACT Dawn Henson NAME: PHONE 434-832-2171 FAX No , 434-455-8842 A/C No Ext E-MAIL ss: dhenson@scottins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Trumbull Insurance Co. (A) 27120 INSURED Wiley & Wilson Inc. Attn: Mac Frankfort P O Box 877 Lynchburg, VA 24505 INSURER B: Hartford UnderwriterslnSCo(A) 30104 INSURER C: Hartford Casualty Ins Co (A) 29424 INSURER D : INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL S UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00C B X COMMERCIAL GENERAL LIABILITY X 14 UUN Z11503 06/30/2012 06/30/2013 DAMAGEREMISES TOEa RENTEDoccurrence $ 500,00( P CLAIMS-MADE r_X1 OCCUR MED EXP (Any one person) $ 10,00 PERSONAL &ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 $ POLICY X PRO- LOC AUTOMOBILE LIABILITY EO acBINEDcidentSINGLE LIMIT $ 1 000 00 BODILY INJURY (Per person) $ C X ANY AUTO X 14 UUN Z11503 06/30/2012 06/30/2013 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ per accident NON -OWNED HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 C EXCESS LAB CLAIMS -MADE 14 XHU RB8123 06/30/2012 06/30/2013 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 14 WE EH5641 06/30/2012 06/30/2013 WC STATU- OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,00 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The City of Milton, GA shall be listed as addtional insureds with respects to General Liability and Auto Coverage if under written agreement. CFRTIFICATF Hni nFR CANCFI I ATInN CITOMIL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Milton GA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Carter Lucas, PE 13000 Deerfield Prkway, 107G Milton, GA 30004 AUTHORIZED REPRESENTATIVE @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD i� WILEYWI-01 DGARCIA A�CO�RD CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MM/DD/YYYY) 2/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Ames & Gough PONNo x,(703) 827-2277 FgjC Na: (703) 827-2279 8300 Greensboro Drive Suite 980 ADDRESS: McLean, VA 22102 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : RLI Insurance Company 13056 INSURED INSURERS: WileylWilson INSURER C: 127 Nationwide Drive INSURER D: Lynchburg, VA 24502 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MMID POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY ED PREMISES Ea occurrence $ CLAIMS -MADE � OCCUR _ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ POLICY JE 4 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acdderlt $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT NON -OWNED HIRED AUTOS AUTOS UMBRELLA LAOCC EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? F] N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ A Professional RDP0007186 6/7/2012 6/1/2013 Per Claim 3,000,000 A Liability RDP0007186 6/7/2012 6/1/2013 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER City of Milton, GA Attn: Carter Lucas, PE Director of Public Works 13000 Deerfield Parkway, Suite 107 G Milton, GA 30004 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD STATE OF GEORGIA CITY OF MILTON EXHIBIT "D" CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the City of Milton, contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 in the form attached hereto as Exhibit "E" Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the City of Milton at the time the subcontractor(s) is retained to perform such service. ),03915 EEV / Basic Lo Identification Number � BY: Autho ized Officer or Agent Date Wiley & Wilson, Inc. Kee e Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ZAY OF= �-' 201 Notary Public My C m ission Expires: ��� INN I 11 201 • '%;ysioni ` �v u° OARy pUmv10 �i 0� • ARCH %�o �R, \`� STATE OF GEORGIA CITY OF MILTON EXHIBIT "E" SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Wiley & Wilson, Inc. on behalf of the City of Milton has registered with and is participating in a federal work authorization program, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91. EEV / Basic Pilot Program User Identification Number BY: Authorized Officer or Agent Date Print Subcontractors Name Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 201 Notary Public My Commission Expires: 19 STATE OF GEORGIA CITY OF MILTON EXHIBIT "F" SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) I am a United States citizen. 2) I am a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verities that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(exl ), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: ?AA<AP cr In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in fl"" (city), C-4 tate). r Signatur,dof Applicant Printed Name of Applicant SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ?'DAY OF P.(� , 2013 H WI(( ��pii N NOTARY PUBLIC My Commission Expires: 3I 11 ZD) = C pZARy �A`lA ;� �•�' = Q !Z 0UBL�= & Z �b 11MCH I.% �����COUN 11 COPY CAF PERSONAL SECURE i.,k-ND VERIFIABLE DOCUM NTS HELD IIN CITY CLERK'S OFFICE