HomeMy WebLinkAboutMinutes CC - 06/16/2014 - MINS 06 16 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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This summary is provided as a convenience and service to the public, media, and staff. It is not the
intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice.
Public comments are noted and heard by Council, but not quoted. This document includes limited
presentation by Council and invited speakers in summary form. This is an official record of the Milton
City Council Meeting proceedings. Official Meetings are audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on June 16, 2014 at
6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Reverend Monsignor Peter J. Rau, the Pastor of St. Peter Chanel Catholic Church, Roswell, Georgia
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLLCALL
Councilmembers Present: Councilmember Thurman, Council member Kunz, Council member Hewitt,
Council member Longoria and Councilmember Mohrig.
Councilmember Absent: Councilmember Lusk.
PLEDGE OF ALLEGIANCE (Led by the Mayor)
APPROVAL OF MEETING AGENDA
(Agenda Item No . 14 -168)
Motion and Vote: Councilmember Kunz moved to approve the Meeting Agenda with the following
changes:
• Move Unfinished Business Agenda Item No. 14-153 after Reports and Presentations.
• Move New Business Agenda Item Nos. 14-177, 14-178 and 14-179 after Unfinished Business.
Council member Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 2 of 118
PUBLIC COMMENT (None)
CONSENT AGENDA
1. Approval of the May 19, 2014 City Council Regular Meeting Minutes.
(Agenda Item No. 14-169)
(Sudie Gordon, City Clerk)
2. Approval of the June 2, 2014 City Council Regular Meeting Minutes.
(Agenda Item No . 14-170)
(Sudie Gordon, City Clerk)
3. Approval of the June 9, 2014 Special Called City Council Meeting Minutes.
(Agenda Item No. 14-171)
(Sudie Gordon, City Clerk)
4. Approval of the Financial Statements for the Period Ending May, 2014.
(Agenda Item No. 14-172)
(Stacey Inglis, Assistant City Manager)
5. Approval of a Three-Year Intergoverrunental Agreement for the Provision of Animal
Control Services between the City of Milton and Fulton County.
(Agenda Item No . 14-173)
(Stacey Inglis, Assistant City Manager)
6. Approval of a Professional Services Agreement between the City of Milton and Dr. Thomas L.
Daniels for Creation of a GreenPrint Plan for the City.
(Agenda Item No . 14-174)
(Kathleen Field, Community Development Director)
7. Approval of a Construction Services Agreement between the City of Milton and Prime
Contractors, Inc. for Renovation Services at Fire Station 43.
(Agenda Item No . 14-175)
(Carter Lucas, Public Works Director)
8. Approval of a Contract with Payroll Strategies, LLC to Provide Payroll, HRIS and Time and
Attendance to the City.
(Agenda Item No . 14-176)
(Sam Trager , Human Resources Director)
Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda. Councilmember
Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Lusk was absent
from the meeting.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 3 of 118
REPORTS AND PRESENTATIONS
1. Recognition for Memorial Day Essay Contest Finalists.
(Presented by Mayor Joe Lockwood)
FIRST PRESENT A TION (None)
PUBLIC HEARING (None)
Zoning is transcribed verbatim
ZONING AGENDA
1. Consideration ofRZ13-18 -Birmingham Highway (West Side) with a frontage of
approximately 373 feet by Piedmont Atlantic Capital to rezone from AG-1 (Agricultural) to CUP
(Community Unit Plan) to develop 13 single family residences on 19.5 acres.
(Agenda Item No. 14-154)
(First Presentation at June 2, 2014 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
Thank you. Mr. Mayor and members of the City Council, this rezoning application, the applicant is
requesting to withdraw this item.
Motion and Vote: Councilmember Thurman moved to approve the acceptance of a withdrawal without
prejudice of Agenda Item No. 14-154. Councilmember Longoria seconded the motion. The motion
passed unanimously (6-0). Councilmember Lusk was absent from the meeting.
2. Consideration of ZM14-04 -305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to
Modify Condition I.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback
from the Property Line of the C.U.P. to 50 Feet by C.D. Hays.
ORDINANCE NO. 14-06-204
(Agenda Item No. 14 -156)
(First Presentation at June 2,2014 Regular City Council Meeting)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
Thank you. Mr. Mayor, before we start specifically on this application, let me just remind you that this
is a zoning modification under the CUP which even though we have a moratorium in place for CUP's,
those are for rezonings, not for zoning modifications. So, I just wanted to make that a point of
information for this item and the subsequent item. So, this slide shows in red the parcel in question.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 4 of 118
Current zoning, as mentioned, is part of a CUP. And, the condition to be modified is the current CUP
provides at least 100 foot building setback from the property line of the CUP. The requested
modification is to provide at least 100 foot setback line from the property line of the CUP except for lot
12 which is 305 Crooked Stick Drive. In this case, to provide a 50 foot building setback along the south
property line. And, as background, subject site is located within the estates of Atlanta National which is
zoned CUP pursuant to RZ85-181 and is developed with a single family residence. Since the
incorporation of the city, there have been five approved modification requests to reduce the 100 foot
setback in the CUP. There was a Community Zoning Information meeting held on May 26,2014 and
there was no one in attendance at the meeting. This is the site plan showing the modification. The
purpose of the proposed reduction is to construct a hearth, gazebo, and arbor. Based on the topography,
a pair of retaining walls parallel to each other for a length of approximately 130 feet to create a planter is
also proposed to be constructed. Staff notes that the adjacent property to the south is a portion of the
Capital City Club and is undeveloped. The proposed additions to the existing lot will not impact the
entire width of the south property line but approximately 130 feet and should only have a minimum
impact on the property to the south. Therefore, staff recommends approval conditional to modify
condition Ie as requested. To the owner's agreement to restrict the use of subject property as follows:
To provide at least 100 building setback from the property line of the CUP except for lot 12 which shall
provide a 50 foot building setback along the south property line. That is my presentation.
Mayor Lockwood
Do we have any questions? Do we have any public comment?
Jason Coleman, 2430 Weber Heights Way, Buford, GA 30519
Good evening, I am Jason Coleman, 2430 Weber Heights Way, Buford, GA. I am the contractor for Mr.
and Mrs. Hays. I am just here to answer any questions that you may have in what we are trying to
achieve here for them.
Mayor Lockwood
Do we have any questions for the applicant?
Councilmember Thurman
It looks to me like this is just an outdoor living area. It's not like it is going to be an enclosed, heated
structure.
Jason Coleman
That is exactly right.
Mayor Lockwood
Thank you, sir. Do we have any other public comments? I will close the hearing. Are there any
questions for staff? If not, I will open it up for a motion.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-156.
Council member Kunz seconded the motion. The motion passed unanimously (6-0). Council member
Lusk was absent from the meeting.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 5 of J 18
3. Consideration ofZM14-0S -16720 Quayside Drive Zoned CUP (Community Unit Plan) to
Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to
28 Feet and 3 Inches by Jane A. Schwartz.
ORDINANCE NO. 14-06-205
(Agenda Item No. 14-157)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
Thank you, Mr. Mayor. This slide here shows the property in question. The current zoning is CUP as
previously mentioned. The condition requested to be modified. The minimum design standards for the
CUP are a minimum front yard setback of 30 feet. The request is to reduce the front setback from 30
feet to 28 feet and 3 inches. As background, the subject site is located in Kingsley Estates which is
zoned CUP, Community Unit Plan, pursuant to RZ06-70 and is developed as a single family residence.
After an as-built survey was completed, it was discovered that a small portion of the existing house
encroached into the minimum front yard setback at 28 feet 4 inches. The Community Zoning
Information Meeting was held on May 26, 2014 and there was no one in attendance at the meeting. This
is the site plan showing the encroachment in the front of the house over the setback line. Our
recommendation is based on the small encroachment that does not negatively impact the existing lot or
nearby property. Staff recommends approval conditional to modify condition 3a as requested. To the
owner's agreement to the following site development considerations the minimum design standards are
minimum front yard setback 3 feet except for 16720 Quayside Drive, Lot 48, to be 28 feet 3 inches.
That is my presentation.
Mayor Lockwood
Does anyone have any questions?
Jane Schwartz, 16720 Quayside Drive, Milton, GA 30004
I am happy you will hopefully approve it. The builder, I guess, didn't figure that out when they did the
foundation and so 23 feet is kind of the area that is encroaching so it is not noticeable.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 14-157.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
4. Consideration ofZM14-03 -Southeast Comer of Birmingham Highway and Birmingham Road
Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG-1 (Agricultural) to Modify
Conditions I.c., I.d., 2.a., and 3 .b. (RZ04-0116) by Capkey Birmingham Partners, LLC.
ORDINANCE NO. 14-06-206
(Agenda Item No . 14-155)
(Kathleen Field, Community Development Dire ctor)
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 6 of 118
Kathleen Field, Community Development Director
Thank you, Mr. Mayor. This slide shows the property in question outlined in red. Current zoning is a
combination of AG-I and MIX. The original site plan was approved pursuant to 2004Z-116. This was
the plan back in 2004. This is the revised site plan that we are considering this evening which was
submitted on June 9, 2014. In terms of history and background, the subject site was rezoned from C I
(Community Business) and MI (Manufacturing) to MIX (Mixed Use) on November 3,2004 by the
Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham
Crossroads that was zoned pursuant to RZ04-116 which is the subject site and RZ04-43 which are the
northeast and southeast corners zoned C I conditional. The final conditions approved for all three
quadrants was derived from numerous meetings between the original developer, AG Armstrong and the
community using the Birmingham Crossroads Plan which amended the 2015 North Fulton
Comprehensive Plan which was approved by the Fulton County Board of Commissioners on March 3,
2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved
on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved
for the three quadrants of Birmingham Crossroads. The central premise of both the plan and the overlay
was that the Birmingham Crossroads should be a neighborhood node consisting of27.1 acres which, at
that time, recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of
office uses, and up to five residential units per acre. Since the time of the rezoning in 2004, the
northeast and southwest quadrants have been developed as approved. The southeast quadrant has
remained undeveloped other than the existing structures on the 22.3 acres. The applicant has submitted
a site plan that proposes to reduce the approved density for the office commercial retail and eliminate
the daycare facility along Birmingham Road. The applicant is proposing to replace some of the
townhouse units previously developed with single family detached homes. In addition, the applicant has
indicated that they will develop the property but will seek a home builder to build the residential portion
and mark the non-residential portion for future development. The applicants were present at the meeting
as well, I'm sorry, this is the CZIM meeting of May 27 th . The applicants were present at the meeting as
well as nine members of the community who voiced the following concerns and issues regarding the
proposed development:
I. What will be the design of the homes on the site? There should be specific types of designs
and elevations for the development and these should be included in the conditions of zoning.
2. Wanted to ensure that the higher-density residential and non-residential be conditioned to the
approximate 6.6 acres and not "spill" into the AG-I property to the south or east.
3. Suggested a more "rural" feel to the street pattern with granite curbing, gas lights, and an
organic pattern to the landscaping.
4. Asked that an internal pedestrian path system be provided that connects with Birmingham
Highway and Birmingham Road for subsequent connection to Birmingham Park to the
northwest.
5. The community asked that the original conditions from 2004 be included in the current
conditions.
6. Confirm acreage for the MIX and the AG-I portion of the development.
7. Request that the AG-I parcel needs to be tied to current AG-I standards.
8. Request that the original agreement, stating that the townhomes need to tie into their own
community septic system should be restated here; also that the AG-I lots will be served by
individual septic systems.
9. Provide specimen tree inventory and green coverage and specify what will be saved.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 7 of 118
10. Asked that the applicant work with GTC to provide buffers to the substation or a
combination of the applicant and GTC provide buffers.
11. Would like the specifics of what type of detention facilities and what it/they will look like.
12. Expressed wanting Lew Oliver to be involved now and in the future, if the developer sells to
another builder.
13. Citizens asked the applicant for another meeting to respond to the issues raised.
Since the time of the CZIM , staff has met with the applicant, his engineer, and his designer, Lew Oliver,
to discuss some of the issues voiced at the CZIM meeting. The applicant agreed to provide elevations
and verbiage that would guide the architecture of the residential portion of the development in the
future.
The staff also agreed that the applicant would submit a revised site plan indicating varied lot sizes for
both the single family residences and attached residences.
The revised site plan submitted on June 9, 2014 indicates a minimum lot width for single family
residences as 35 feet with a maximum of 50 feet (Lots 1-16 and 24 -30).
The attached townhouse residences indicate a minimum of 30 feet and maximum of 45 feet (Lots 17
23).
Proposed modifications to conditions. The applicant wants to modify the existing conditions as follows:
To add no more than 33 townhouse and/or single family dwelling units on 6.63 acres within the
southeast quadrant. In terms of the daycare facility, he wants to cancel that requirement. To the
owner's agreement to abide by the following:
To the revised site plan we are now making reference to the site plan dated May 7, 2014 as opposed to
the older site plans and updating this to the Community Development Department as opposed to Fulton
County. To the owner's agreement to the following to require conformance with the Georgia
Department of Transportation (GDOT) requirements as opposed to the specific conditions that were
originally attached to the rezoning.
After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by
Fulton County, Staff has determined that the following condition has not been met (Staff also notes that
there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions). The
condition that has not yet been met and which we have agreed with the applicant will be brought up at
next month's meeting is that the current condition talks about a community park, community septic
system and residential development on one acre minimum lots on 13.587 acres outside the Birmingham
Neighborhood Node within the southeast quadrant of the intersection of Birmingham Highway and
Birmingham Road said acreage is to be zoned AG-I.
The applicant has not indicated that a new community septic system would be constructed within the
southeast quadrant as well as a community park. Staff has suggested that this condition I.d. be amended
as requested by the applicant as a new Zoning Modification request to be heard by the Mayor and City
Council on July 21,2014. The applicant has agreed to the new Zoning Modification request to amend
the above mentioned condition. And, what this means is essentially that the original plan called for a
separate community septic system. As you know, there is one by the Publix Supermarket for that
quadrant and the plan calls for a separate one to serve the MIX area that is under discussion tonight, that
6.63 area. The applicant wishes actually to use the Publix supermarket's, that quadrant'S community
septic system. And, so to do that, he is going to have to get a modification to the 2004 zoning plan. So,
that is what he will be coming in for next month is to be able to share the existing community septic
system serving the Publix and that quadrant as opposed to building a new one for this southeast corner.
Staff recommendations. To the owner's agreement to restrict the use of the subject property as follows:
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 8 of 118
No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the southeast
quadrant.
Staff recommends the following development standards for the single family detached lots be included
in the Recommended Conditions:
• Front Yard Setback: 10 feet
• Side Yard Setback : Minimum 0 feet with 10 feet between buildings
• Rear Yard Setback: 10 feet
• Minimum Lot Width for detached dwellings: 35 feet
• Minimum Lot Frontage: 35 feet
• Height: There shall be a maximum height limit of two stories with the maximum height of28
feet from average finished grade to the bottom of the roof eave.
• Units shall be rear entry access via alley ways
Staff recommends the following development standards for the proposed townhouses be' included in the
Recommended Conditions:
• Front Yard Setback: 10 feet
• Rear Yard Setback : 10 feet
• Height: There shall be a maximum height limit of two stories with the maximum height of28
feet from average finished grade to the bottom of the roof eave.
• A minimum of 80% of common wall shall be contiguous with each adjoining unit.
• Units shall be rear entry access via alley ways
Based on the above analysis, Staff recommends approval conditional to modify Condition l.c. with the
above stated conditions.
To the owners agreement to restrict the use of the subject property as follows:
Staff agrees to cancel out l.d.
To the owner's agreement to abide by the following:
To the site plan dated, and this is the latest site plan we have included now is June 9, 2014.
Staff is recommending that a condition be included stating the following:
At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas
shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be
provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall
be the responsibility of the property owner of those commercial parcels. So, what we are saying is that
50% of the residential is completed, we want a planting plan to make sure that vacant area is slated to be
commercial is landscaped and that at such time that 75% of the residential units are issued a certificate
of occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall
commence construction. So, we are tying a performance between residential units at 75% of that
performance time we would then expect to see the commercial start.
Staff recommends that the proposed square footages be eliminated from the site plan and any future
development would be driven by the available room for parking within the 6.63 acres of MIX (Mixed
Use). And, what we are essentially saying here is that rather than putting specific square footages for
commercial, retail, office, restaurant, when one builds out to 33 housing units whether they be
townhomes or single family or MIX, the space that is left has been set aside for the mixed use of retail,
office or restaurant that be driven by the amount of parking spaces available because there is such a
difference between requirement for parking for restaurants as opposed to requirements for office so that,
in essence, we would be looking for this to be non-residential use but the uses would require obviously
the required amount of parking spaces to accommodate it. We thought that was a better way of doing it
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 9 of 118
rather than tying up a building for restaurants with all those parking spaces when, really, the market
would say that it might be a better use to be retail. So, we are essentially backing into those uses based
on the parking requirements.
The village green is recommended to be at least 50 feet wide and 13,000 square feet in area. Therefore,
staff will include a condition that this area remains a village green as described above.
Staff recommends that the site plan indicate future vehicular and pedestrian inter-parcel access to the C
1 tract at the southeast comer of Birmingham Hwy and Birmingham Road.
At which time this parcel is developed, the village concept can be continued to the north and be
consistent with the Birmingham Crossroads Plan.
A Recommended Condition will be included to reflect this request.
The site plan still does not indicate internal paths that would ultimately provide accessibility to
Birmingham Park via the frontage on the west side of Birmingham Hwy north of Hickory Flat Road.
Therefore, Staffwill include a condition to include an internal path within the entire development
including the AG-1 portion.
The community, staff and the applicant were in agreement to install granite curb throughout the
development.
The Public Works Department has revised the recommended conditions to reflect this change.
To the owner's agreement to the following site development considerations for townhouse units:
To require conformance with the Georgia Department of Transportation (GDOT) requirements.
In terms of recommended conditions, I am going to list all the conditions that we would recommend to
along with this zoning modification.
To the owners agreement to restrict the use of the subject property as follows:
(a. and b; extra d. through f. see Fulton County Conditions attached)
No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast
Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre,
whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. D is out.
2.a. To the revised site plan dated June 9, 2014. And, then I am going to go down to 2.b. see Fulton
County conditions attached. 3. To the owner's agreement to the following site development
considerations for townhouse units:
(a. and b. see Fulton County Conditions attached)
c.to require conformance with the Georgia Department of Transportation (GDOT) requirements. And ,
then below (d. and e. see Fulton County Conditions attached). Recommended conditions are as follows:
Townhomes
• Front Yard Setback: 10 feet
• Rear Yard Setback: 10 feet
• Height: There shall be a maximum height limit of two stories with the maximum height of 28
feet from average finished grade to the bottom of the roof eave.
• A minimum of 80% of common wall shall be contiguous with each adjoining unit.
• Units shall be rear entry access via alley ways.
To the owner's agreement to abide by the following requirements, dedication, and improvements :
(a. through h. see Fulton County Conditions attached)
Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the
approval of a Land Disturbance Permit, sufficient land as necessary to provide the following:
• Provide at least 35 feet of right-of-way from the centerline of SR 372IBirmingham Hwy along
the entire property frontage or as may be required by GDOT.
• Provide bicycle and pedestrian improvements along entire property frontage of SR
372IBirmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets,
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by
the City of Milton Public Works Department.
• Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for
future pedestrian inter-parcel access on the east property line on land lot 413 as required and
approved by the City of Milton Public Works Department.
• Access to the site and installation/modification of transportation infrastructure shall meet City of
Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT
and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance
Permit. At a minimum, provide:
• SB left turn lane on SR 372 at new access drive
• WB left turn lane on Birmingham Road
• EB deceleration lane on Birmingham Road
• Entrance driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is
greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane
on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking
space.
• Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center
existing driveway.
• Cross parcel access to the adjacent commercial tract to the north should be provided through the
commercial areas. Convert the public access right of way between the residential lots 17-30 to
private alley.
• Eliminate the public right of way on all alleys.
• Provide adequate sight distance at all intersections, eliminate on street parking as necessary.
• All street improvements shall extend across the entire street frontage. Sufficient right of way
shall be dedicated to ensure that all improvements are contained within the right of way.
• Provide a minimum right of way of 1 ' behind the proposed sidewalk throughout the
development.
• Provide a minimum of 4" granite curb on the typical section. Eleven and half C 11.5) foot lane
width is measured from the face of the curb.
To the owner's agreement to abide by the following:
Ca. through n. see Fulton County Conditions attached)
• 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.
• Side slopes for the stormwater management facility shall be no steeper than 4: 1 unless otherwise
approved by Public Works Director.
• 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
storm water concept plan prior to submission of a land disturbance permit application.
To the owner's agreement to the following site development considerations:
Single family detached lots shall provide:
• Front Yard Setback: 10 feet
• Side Yard Setback: Minimum 0 feet with a 10 foot building separation
• Rear Yard Setback: 10 feet
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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• Minimum Lot Width: 35 feet
• Minimum Lot Frontage: 35 feet
• Height: There shall be a maximum height limit of two stories with the maximum height of 28
feet from average finished grade to the bottom of the roof eave.
• Units shall be rear entry access via alley ways
At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas
shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be
provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall
be the responsibility of the property owner of those commercial parcels. At such time that 75 percent of
the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the
revised site plan submitted on June 9, shall commence construction.
Provide a village green on the south side of Birmingham Road and west of the primary entrance off of
Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in
area.
Provide internal pedestrian trails within the MIX and AG-l districts to provide future connection with
Birmingham Park.
To the owner's agreement to the following architectural requirements for residential structures:
• Architectural elevations shall be reviewed and approved by the City Architect prior to the
issuance of a building permit. These structures shall be consistent with consistent with the
Characteristics of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the future will
be referenced as the "Rural Milton Overlay") and provide 360 degree architecture.
• Design and architecture shall be consistent with the attached illustrations/elevations received
June 9, 2014 by the City of Milton Community Development Department.
• Single gable or hip front (primary) building mass, with subordinate secondary mass, separate
carriage house mass. Queen Anne "L" shaped roof mass is acceptable. Forms should reflect
importance of function, i.e. primary mass should have taller ceilings and windows than carriage
house; fenestrations (windows and doors) should be of noble size and proportion on primary
mass.
• Design should be based on Vernacular forms. See illustrations attached. I-houses are
particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell
House). Acceptable styles include Vernacular and Queen Anne. Ornamental elements if used at
all, should be used with restraint (Federal, Greek Revival, Carpenter Gothic, and Folk Victorian).
• Row houses should be of uniform character and finish, and aligned at the front (The Old Bricks,
Roswell). Exuberant expressions should be avoided and instead compositions that are
harmonious, beautifully proportioned and detailed should be utilized.
• Porch elements should face streets and public ways and spaces.
• Porch element may also be used within the rear yard. They are usually subordinate to the
primary building mass, but sometimes are located within the mass (Hopewell House, Hembree
Farmhouse).
• Front porches should have a wooden porch floor system and shall have an open crawl space.
• Porches shall be a minimum of eight feet in depth.
• Porches shall be on a majority of the front elevations.
• Porches shall be supported on 18" masonry piers.
• Comer lots shall have side porches and designed with recesses and projections as to discourage a
single plane or wall.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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• Windows and doors (fenestration) should be of vertical proportions, both in tenns of actual jamb
openings and individual pane size.
• Panes should be of similar proportions on the same building, roughly, the Golden Mean.
• Front doors with sidelights may be an exception. Greek revival fret transoms and sidelights may
be an exception.
• Windows must be of similar sizes and generally not ganged.
• Transom windows are prohibited apart from doors, and should never be used over windows.
• Shutters shall be authentic, fully operable and capable of totally closing on the window sash.
• Chimneys should be expressed in brick, external to the building mass and centered on gables.
• Exterior trim shall be of local historic character.
• Authentic, flat casings (full 2x4), restoration sills, full 2x comer boards, cornice assembly of 5/4
and 2x members, authentic sash windows with SDL's or TDL's, solid wood posts that are
chamfered, and thick lap siding (Artisan series Hardie) are required on clapboard structures.
• Metal screen and slot vents are not allowed.
Wall finishes shall confonn to the following:
• Authentic Board and batten may be used on secondary masses.
• Flat panel materials with applied batons are not allowed.
• Wood mold brick of reddish brown local historic color, with little variation. Mortar may be river
sand to clay in color.
• Wall finishes on sides of buildings seen from a public road shall be the same on all visible sides
• Typically, brick is used on commercial buildings and row houses, but is also acceptable on
houses as approved by the City Architect.
• No more than 3 different exterior wall materials.
• Poured concrete as a finish may be acceptable with pennission of the City Architect.
• Roofs should be gabled with slopes from 6: 12 to 10: 12.
• Materials should be shake, wood shingle, or standing seam paint grip galvanized metal.
• Gutters and downspouts to be 112 round and round in paint grip galvanized metal.
• Exterior light fixtures and door hardware to be industrial/rural in character or as approved by the
City Architect.
Landscape should be historic.
• Plant materials should be native and/or historic. This includes boxwoods, perennials, herbs,
fragrant shrubs, and native trees.
• Hardscape materials include gravel, brick, or crushed stone with steel, brick, native rocks, or
granite edgings.
• Stone walls and picket type fences should be randomly introduced, with a mix of materials and
design.
Prohibited materials and techniques, general: EIFS (exterior insulation finishing systems) plastic,
GBG's (grill between glass), aluminum exterior railing systems, vinyl coated products, brick foundation
that protrudes outside of the framed wall above, direct vent fireplace systems, chimney shrouds.
Stove pipes of adequate size are allowed.
Materials on the same form shall not be varied.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 13 of 118
And, I have put together a few of the elevations that we will be including as part of the conditions for the
zoning modification. It shows here the type of structures that we will be looking to see in this
neighborhood. And, that, Mr. Mayor, is my presentation.
Mayor Lockwood
I'm assuming we have some public comments? Is there any question right now that anybody has for
Kathy or do you want to wait and listen to public comment?
Councilmember Thurman
I just have one quick question. There are several places in here that we talk about brick with chimneys
and buildings themselves. But, we have some historic stone houses here in Milton too so, are we
excluding stone from any of these houses or can we say brick or stone.
Kathy Field
The applicant is going to bring that up and they did bring that to our attention today, I believe, and they
are going to be commenting on that very issue.
Mayor Lockwood
Anybody else? Okay, let's open it up for public comment.
Joshua Scoggins, 112 North Main Street, Cumming, Georgia 30040
Mr. and Mayor and council members, I'm Joshua Scoggins with the law firm of Lipscomb, Johnson,
Sleister, Dailey & Smith. My address is 112 North Main Street, Cumming, Georgia, 30040. I have the
pleasure of being here tonight in front of you on behalf of Capkey Birmingham Partners, LLC. Before I
make my comment, because as Ms. Field's showed you, this is an incredibly complex deal, I would like
to bring up Lew Oliver and Ken Wood, the engineer and architect for this project. They are going to
walk the council through if you will permit me to do that. They can explain it far better than I can.
Kenneth Wood, 350 Research Court, Norcross, Georgia 30092
I am Ken Wood, 350 Research Court, Peachtree Comers, Georgia. Where can we set up the easels? Is
this side okay? Can everybody still see them? So, the property that is in question is as was stated earlier
is the 22.30 acres on the southeast quadrant of what we are looking at with the 6.6 acres of the mixed
use. So, it is important to note tonight we are doing the modification of the condition is what we are
looking at doing. This is the existing site plan. I wanted to bring this up because it is very important to
understand how the two comply with each other and how we got to where we are today. So, if you are
looking at the quadrant, this is the proposed day care center that was down here up near the road on
Birmingham road and one of the reasons we are asking for that to be taken out is that we didn't feel like
in that area it fit very well, the circulation, the safety that it was up against the power transformer station
and so that was the reason we were looking to get that taken out. As you came into the development, it
is a similar road structure on the final site plan that we have, the townhomes are in this area, and the
townhomes are also on this main street and then they have the commercial area flanking the front part of
this. And, this plan was, essentially, 33 townhomes that was a design and it had enough commercial that
if you actually laid out all the commercial and the parking requirements it would almost take up that
whole 6.6 acres. So, what we did was when Loren came back to us and said let's take a look at it and
how can we make it better and how can we make it a place where people can still have the horse farm up
here but they also can have a place where they can live where it is low maintenance, a smaller yard, it is
very upscale, very nice, and very walkable to Publix and the other shops that are up here. And, so with
that task we started into the site plan. And, the site plans that you see on the side here we have 30 of the
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 14 of 118
townhomes and cluster single family lots and so these are designed to be all rear loaded lots so when
you drive down the street you basically have a very street friendly section. We will have the standard
streets and the parking along the sides of the streets and on one of the sides you will have the street trees
the street lights that we talked about. You will have the front of the homes and the idea was to have a lot
of front porches, a lot of fencing, so it really created a neighborly place to look at and kind of honor this
little area. The commercial on the front, we took and looked at exactly how much square footage could
we realistically fit into these areas and park so that is how we approached the site plan when you are
looking at it. We put commercial retail up at the top. That has the parking that is behind it. All of the
retail parking and commercial and restaurant and office parking has the parking located behind it. If you
are looking on Birmingham Highway, which is the Georgia DOT road, that commercial is designed so
that when you come in you can go left to right to either one of those. And, if we had to designate if we
thought from day one our restaurant use would go we would consider that to be the most viable location.
Also, looking at the site plans, as you transition back to the single family that is where we thought the
location for the townhomes and then transitioning back to the single family would occur. Also, in
looking at our road layout, what we are trying to encourage is walkability and open ability, what we did
in response to when we had our CZIM meeting, we were looking at what is a really good trail network
and layout for the trail and sidewalk system. All our streets have sidewalks on both sides. They have a
landscape strip and sidewalks on each side of it. Then, in addition, along Birmingham Highway, the
entire frontage is designed to more of the master plan and getting a larger sidewalk system up in the
front so it can start that trail connection. We also are proposing coming off our main roundabout with a
trail that would come down and then loop down by the storm water management facility. Then, if you
kept coming down toward the open space there would be another loop trail that would loop down toward
the creek area and then eventually depending upon the homeowners you could potentially connect it all
the way back through. Then, if you go across the street, we looked at a little bit more of an elaborate
system where you have a little bit more topography. That is where the more mature trees are on the site.
Where this loops through and ties and what we would like to negotiate, one of the neighbors made a
good recommendation, and that is that we could work with the power company to actually get a
connection back to the north of the trail system. The other recommendation that came out of public
works today almost enhances this vision even further from what we were looking at. If you come down
to the end of the cul-de-sac, the 50 foot dedication for the future cross trails project, I can't remember
what it was called, but it is the 50 foot pedestrian access cross country project, basically would be off the
end of this cul-de-sac and it would come down to this property line and drop down, I believe the
southeast entire comer is where the vision for that trail would come out at. So, we think that the two
trail systems, as well as our sidewalk systems, that will link all of the commercial all the way back over
to Birmingham and then all the way down to the south, will really be a great addition to that. And, then
I have another plan, I believe it is on the back of that one.
Mayor Lockwood
Is there any way you can take one of those easels and the plans as you have shown them when you are
through maybe tum them around so that if anybody in the audience wants to see it?
Ken Wood
Absolutely, so, on the plan over there, what we looked at as well from the neighbors and I will describe
it on this one but I have it on the back of that plan is, what is the existing tree conditions? In addition to
our internal arborist, Mark Law also went out to the site and investigated the trees as well and the
majority of the trees, there is a large contingency of trees on the back of the site, this is where we have
our largest open space mass and that is where you will find the largest contingency of trees. This is
more pasture. The whole upper part of the site either has buildings on it or it is fairly cleared. It is
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 15 of 118
grown up a lot of the underbrush now but it is fairly cleared as it sits now. We do have some nice trees
down here near the stonn water management facility so what we have committed to in the conditions
beside the lower slopes to make more of an alternative pond and I will work with Carter to basically
come up with a very innovative pond design so that we can try to save some of those specimen trees
because now that we see that they are a little bit north of our pond, we believe that we can situate the
home closer to the rear alley for lot one, closer to that section, and be able to save those trees that are up
a little bit closer to Binningham and that is on one of the exhibits there. And, so you will see that cluster
of trees on that lot one. So, that lot one is big enough that we believe we can do that in between the
pond. There are a couple of the larger trees that are actually down in the pond and it is the lowest part of
the site and there is really not much we can do for that section of the site on there. Another comment I
just wanted to point out too, on our master plan this is our village green that was identified from Fulton
County carried forward. I measured it today and I related it back to the Fulton County Plan and when I
measure it, it is actually 11,500 square feet to the existing right of way. We haven't really changed the
size of it or anything so I think it might have just been misprinted from back in the day. But, 1 just
wanted to make sure that we got that right. A couple more things that have really come up is a great
idea from the community was that there was a successful project for Oglethorpe Power down the street
that provided some screening to the power facility. We have intentionally left about a 15-20 foot gap so
that we can buffer our site from them. I know we would love to work with Julie in the effort to have that
happen because that would only further enhance our site as well so that is something we really want to
look forward to doing. The detention pond was another thing that came up in the stipulations. You
heard about the four feet. Our idea about this is to make it very rural, very country, and very low
impact, obviously from the conditions you are seeing, so our goal on the detention pond is really to
make it more of a stonn water management area. We believe we've got some smaller areas, especially
with these AG-I lots that we can treat some stonn water in the front yards.
Sudie Gordon, City Clerk
Mayor, excuse me, ten minutes has run and we have four more public comment cards in support and one
in opposition and we have run ten minutes.
Ken Wood
I apologize, I was watching this clock and I didn't think y'all were running it.
Mayor Lockwood
Okay, if we have four more, 1 am okay adding five minutes but keep that in mind and we will also had
five minutes to anybody in opposition.
Ken Wood
I will turn it over to Lew Oliver to talk about the architecture.
Lew Oliver, 880 Marietta Highway, Roswell, Georgia 30075
I am representing the architectural interest for the developer and 1 looked at a lot of local imagery "and I
have studied it for years. I have put together a whole series of boards that span architecture from
Roswell all the way up to Dahlonega and I have identified the characteristics of all the fonns. It is really
the intention of the developer to engage a builder who will understand this and engage the right
designers to put it forward along with Bob who I think will be really instrumental in steering this. I have
these boards if anybody wants to see them or pass them around. The architecture should be very simple,
very vernacular. There is a book 1 brought on James Means work. As we know, this is it between
Crabapple and Binningham, one of his works, and more of his work is very typical of North Georgia
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page16ofl18
and it is very very simple, very vernacular. I think we had some verbiage in there about ornament which
I am personally hoping we do not have to do a lot of because it is really not very typical of the area. Do
I need to go through these conditions or some of the things we are requesting that vary from staffs
recommendation? There is this document that is a, what do we call this?
Joshua Scoggins
Mr. Mayor, I have tendered a memo to the clerk and all copies to councilmembers and basically what
this document does is outline those changes to staff s recommended conditions. All of our proposed
changes are highlighted. We have actually spoken to Mrs. Fields and also Mr. Lucas on a couple of
these and we are okay with leaving in staffs proposed conditions on number four with the exception of J
four and P. We can leave that one mainly like it is and then the other big condition that we would like to
be removed is the requirement that 50% of this site, after 50% of the residential units are issued a CO,
we would have to provide a plan to the city arborist and then also we are limited to having to begin
construction on the commercial when we reach 75% of the residential units. We feel that requirement
really is something that is going to cause Capkey to have to build something that there may not be a
demand for and I don't think it is in anyone's interest to build commercial that may be vacant especially
when there is a lot of vacancy in the Publix shopping center already. We would prefer to allow that
demand to come naturally and go ahead and grass the area and reserve it for the commercial. I will let
Lew speak regarding changes to the architectural.
Robyn MacDonald, Principal Planner
I'm sorry, can you restate the ones that you are okay with to keep in even though it was crossed out?
Joshua Scoggins
All of condition number four except J subsection four and P which is the last subsection of that
condition. Mr. Lucas was actually able to explain that so that we understood it better.
Lew Oliver
So, under the conditions, I'll respond to the architectural, under 3J, we would just like to clarify that rear
entry access is for vehicles only not front doors. Under 3G, rear yard setbacks, I would like to see us
have zero setbacks because we are on alleys, we are on 30 foot alleys at that, which is 6 feet bigger than
Savannah's which are also perfectly adequate. And, what happens when you have a rear yard setback
with a garage is that you get vehicles, tricycles, and plastic play equipment parked in front of doors and
the scale of the alley actually competes with that of the street so Serenbe has 24-30 foot alleys,
Glenwood Park has 24 foot alleys, we have 30 foot alleys and I think that it is perfectly acceptable to
zero setback.
City Clerk Gordon
Respectively, five minutes has run on the clock.
Mayor Lockwood
Again, we can certainly ask questions of the applicant. Is there anything else though, to be fair to the
applicant, are there any other major points you need a little more time for?
Lew Oliver
I think we should be allowed to do flush curbs.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 17 of 118
Mayor Lockwood
Do you need another minute or two?
Lew Oliver
Yes , another minute.
Mayor Lockwood
Okay , we will add two minutes to both sides for a total of 17 minutes each.
Lew Oliver
6a we would request to do minimum lot widths of 30 feet for single family residential. The village
green, I will let Ken speak to that. Under 7b, we would like to add the verbiage, "with the possibility of
a subordinate secondary mass and/or a separate carriage house mass." All forms don 't have to be
secondary , they can just be primary. 7f, comer lots shall have side porches or be designed with recesses
and projections. Under h , chimneys should be expressed in brick or stone; "or stone" is added. Under I,
metal swings and slots are not allowed ; we would like to strike that and just put "all exterior ventilation
material shall comply with the architectural theme of the development." We would like to allow asphalt
shingled roofs under L. And, then it should be gutters and downspouts, half round and round , I believe
the developer would like to strike that. Also, materials of the same forms shall not be varied ; we would
like to strike that.
Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004
Good evening. Question, just in terms of how this evening has kind of played out. My intent is to speak
in favor of this zoning modification but given that there are 25 seconds and given that there is some new
information that has been brought forward in terms of questions about some of staff's recommendations,
I think several of us want to speak in favor but we do have some statements about the conditions that
would take more than 25 seconds so, with all due respect to the applicant and this process, a suggestion
would be that some of the 10 minutes that would normally be set aside for those in opposition, if maybe
we carve that out for a third category that just says, public comment, and allow us to make our public
comment in support but having adequate time to speak to the things within the conditions that are
necessary for public comment.
Mayor Lockwood
In reality, how many do we have in opposition?
City Clerk Gordon
We have one in opposition.
Mayor Lockwood
Okay, one way or the other, if we add some more time for approval and add that in opposition, we are
probably not going to use all the time in opposition so it is just the same amount of time so I would
probably rather just keep it if the council is okay. I am going to stretch and go another 5 minutes if the
council is okay with that and then we will add that to the opposition knowing that we probably won't
have that long in opposition. There will probably be some time left.
Councilmember Mohrig
How many other speakers do we have?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 18 of 118
City Clerk Gordon
We have one more after and then I have one more to read in the record.
Mayor Lockwood
Okay, so we will add 5 minutes for a total of23 minutes.
Julie Zahner Bailey
Thank you Mayor and just as a point of clarification, I think the applicant, just so that we have a sense of
how much time has already been expended.
Mayor Lockwood
17 so far.
Julie Zahner Bailey
Just out of consideration, I'll go quick but it is important, obviously, to the community so thank you
Mayor and council. My name is Julie Zahner Bailey and I live at 255 Hickory Flat Road in Milton,
Georgia and I very much appreciate the opportunity to address the council and Mayor this evening. I do
support staffs recommendations for the approval conditional for the four zoning modifications
identified under ZM14-03 lc, Id, 2a and 3b. We appreciate so much staffs work and the applicant's on
this case to ensure that the zoning modifications are consistent with the original intent of the
Birmingham Crossroads master plan, the original zoning conditions of 2004, as well as all agreements
reached originally with the underlying owner of the parcel and the adjacent landowners. And, for the
record, I believe that Mr. Jarrard has a copy of that private agreement and we would ask that
consideration of both the original 2004 conditions, as well as that private agreement, carry forward with
this in some form or fashion. Each condition set forth by staff and as enumerated by Mrs. Fields is
critical and very important to the appearance, intent, and vision of the Birmingham Crossroads. We
request that should you approve these zoning modifications this evening; that you do so with all of
staffs recommendations and the conditions as they put forward as fully intact. Each condition is
important to the community and how this area looks and feels now and in the future. As you consider
this case this evening, we would ask for several points of clarification. It was noted by staff that in July
an additional zoning modification would come forward dealing with the community septic. We just
want to clarify this evening as part of your zoning modification consideration that in July it would be to
expressly say that the eight AG-l land lots that are a part of the proposed site plan that those would be
served by individual septic systems and I believe that was the intent of the applicant, however, I did hear
this evening for the first time that there might be included in that request that the 6.63 acres be served by
the community septic on the northeast quadrant so I think some clarity on that would be important. We
want to make sure that the capacity that is existing for the landowners on the southwest comer that their
rights are vested and so the capacity of that community septic system could be an issue. An issue this
evening I think is to make sure that we clarify that the eight AG-l lots will be served on individual
septic. I recognize that is coming forward in July. A little unusual that these are separated and it is not
all together so we ask for that consideration. Secondly, we do understand that the original conditions are
for 2004 rezoning. It was alluded to. We just want to clarify that those conditions are formally attached
to whatever would be approved this evening. If nothing else, so that we have a singular document even
if it includes the 2004 so that it is all in one place if you will. With regards to acknowledgement of the
private agreement that was in place in 2004 between AG Armstrong and adjacent landowners, that was
adopted and spread under the minutes for Fulton County so we would ask that in some form or fashion,
acknowledgement of that private agreement be considered this evening because it was always the intent
of the community that the private agreement would carry forward with this parcel so I don't think there
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Monday, June 16,2014 at 6:00 pm
Page 19 of I 18
is an issue there I just think it is a function of just acknowledging that private agreement and the
contents within. Regarding tree save, tonight is the first time we have had any specificity regarding
specimen trees. We recognize that staff has recommended specimen tree save to be identified at the
time of land disturbance. What we would ask is that because there is going to be a July zoning
modification, that rather than wait until the land disturbance, because now there is the detail that could
be brought forward, that perhaps we could have more specificity between now and July and that the
zoning modification in July would also incorporate some specifics about specimen trees . I think we all
would agree as a tree save city, we want to do the best job possible, and I think we heard some great
things from the applicant and from the folks working with them, but the more specific we could be I
think the better for our rural envirorunent so we would appreciate consideration of that. Another item
that I don't know ifit was expressly identified; and that is to the adherence of the night sky ordinance.
The night sky ordinance is important. It is part of our rural heritage, especially out at the Binningham
and northwest area. We would ask that you make reference to the night sky ordinance and its
applicability for this particular portion of the parcel and staff may be able to address that it already is we
just didn't hear expressed reference to that so the night sky ordinance and its applicability would be
appreciated . I think it is important to emphasize that staffs recommendation for the 50% for
landscaping and then the 75% as it relates to stage development; that is really important because there is
a risk if this gets approved with the intent of residential and commercial and yet, there is nothing that
really requires the applicant to pursue that so the community feels strongly that staffs recommendations
are very important.
City Clerk Gordon
Five minutes has run on the clock.
Julie Zahner Bailey
And, there is one other speaker. I'm almost done.
Mayor Lockwood
I'll leave it up to the council.
Councilmember Kunz
Five minutes is fine.
Councilmember Longoria
We've come this far; let's keep going.
Julie Zahner Bailey
There is a lot of history here. We are trying to be as expeditious with our comments as we can be.
Mayor Lockwood
I am okay adding a couple of minutes and then let's wrap it up.
Councilmember Thurman
Two more minutes is fine but we need to give the next speaker at least three minutes.
Julie Zahner Bailey
Thank you for your consideration council. The other thing, again, because tonight was the first time we
heard it, was the removal of any commercial square footage. I would just ask that if we are not going to
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Monday, June 16, 2014 at 6:00 pm
Page 20 of 118
have the site specific reference to, you know, 5,000 or 7,000 square foot commercial structures, that we
at least have some parameters so that a commercial structure couldn't come back and be larger than was
ever intended, so I would ask that as part of tonight's zoning conditions that you would look at the site
plan that was submitted by the applicant and at least use the largest building as the maximum size
commercial building. They could always come back for another zoning modification that were
different, but to leave it completely open when what had been presented to us at the CZIM with
identified specific sites and specific square footage; to remove that entirely might seem to present some
risk that might not be as acceptable to the citizens . So, I would ask that you at least consider having a
maximum for the commercial that was commensurate with what they put forward on their site plan. I
think that is primarily it. Again, we support this. We support all the work of staff and the applicant but
we do believe that the staffs recommendations for conditions are critical. They have done a
phenomenal job trying to ensure that this is commensurate with the original intent. We appreciate your
consideration and are available for any questions as you go about discussing this this evening. Thank
you very much.
Curtis Mills, 16355 Birmingham Highway, Milton, Georgia 30004
Good evening. Can you hear me? I've never had to raise a microphone to speak into it before. I am
Curtis Mills. I live at 16355 Birmingham Highway which is about exactly a mile north of the crossroads
on Birmingham Highway. My place of business is building 400 at the crossroads which, up until the
1930's, was called the Old Birmingham Hotel. It was built in about 1860. You all know the history. It
was also called Newton House. I also own the old Bice's store which is the six and a half or so acres on
the northwest comer. Anyway, I have some interest and probably some standing and I will try to keep
this to twenty minutes. Is that what I have?
Mayor Lockwood
28
Curtis Mills
What do I have? I'll time box it.
City Clerk Gordon
You have 2 minutes and 33 seconds.
Curtis Mills
I have two requests and a couple of comments and I will cut the comments off if I run out of time. My
request, it is important to me without a lot of science behind this that we eventually have a four comer
commercial solution at the crossroads . I think it becomes a more balanced destination in the long run.
What that would look like; I don't know. But, an earlier idea of zero commercial and all residential
seemed to chop up the comers a good bit. I like the fact that the commercial is in there. My request is,
recognizing that timing is everything, and as long as there is a glut of commercial space on the northeast
comer, it hardly makes sense to make someone build space that is going to be vacant. It is a matter of
timing. My request is; I like a lot of what staff did to trigger future development. I think the concept is
a good one. Whether the timing is right; I don't know but I would request that somehow or another we
ensure that there will be that commercial space built out. My other comment, as you all probably know
better than me, Lew Oliver has been involved in our area for many, many years and I take a lot of
comfort in his involvement with any project and I would just like to see that either the renderings that he
has done, the elevations, whatever you want to call them, survive ownership developer and eventually
are implemented. I think that will be well served in the end. A couple of quick comments, the daycare
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 21 of 118
facility, I talked with Doug McCurry , Doug and Shawn, who were the two signers of the side agreement
with AG Armstrong this past weekend, and you all may know they live right next to the Bice's store
building. He commented that the only reason the daycare facility had made it into the agreement is
because Alan Goins really wanted a standalone restaurant and everyone, I guess, in the community was
against that so he said, "okay, how about a daycare center" and it ended up in there. There wasn't a lot
of thought that went into that decision. So, with ten seconds left, I just wanted to applaud this process. I
think it worked well. We lost an inappropriate request and I think with the right conditions, having an
appropriate one. I really wanted to thank staff for being responsive to what I know is a bunch of tedious
requests from a lot of us. I just wanted to say thank you for that.
Mayor Lockwood
Thank you. Those are our comments in support and we have 27 minutes left for those in opposition.
Okay, we can now hear from those that are in opposition.
Ross Buckley, 1166 Bream Drive, Milton, Georgia 30004
Good evening. Ross Buckley, 1166 Bream Drive, Milton. Thank you. I appreciate the opportunity to
chat with you folks. I don't think I am going to be more than three to five minutes. I will try to be
succinct in what I have to say. I had the opportunity seven years ago; I was living in Orlando, Florida
with my family, to relocate to Atlanta for a job by Perimeter Mall. And, I started to talk to some of the
people I know and said, "Hey, where do I want to live? I can live anywhere within a reasonable
commute down to the perimeter." And, I had a boss that lived up 400 and he said, "You definitely want
to be up the 400 corridor." He said, "You definitely want to stay west of 400; better property values,
less congestion, less urban sprawl." So, I started to sniff from Dunwoody to Roswell to Alpharetta, we
actually went to Cumming but that was just a little bit too far north, and I stumbled across Milton which
having moved seven years ago, as you guys know, that was right about the time the city was born. I
started to look at the website. I saw this whole one acre zoning deal. Saw the pastoral style of living
that people had here. The horse country; I grew up in Connecticut; it was very much like home to me
except a little bit more humidity. So, I started to house hunt in earnest and I purchased a home at
Bainbridge which is one half mile north of the crossroads that we are discussing here. I understand that
this plan was originally approve in 2004 and I think the city grand fathered it in 2006, if my information
was correct, as it was at that point in time. I understand it is mixed commercial, multi-unit one acre
zoning. I do have some neighbors with me. I am not speaking on their behalf, obviously. Most of the
guys and gals in my neighborhood travel for a living. I got lucky , I was home this week, otherwise, I
would have a much bigger pile of people sitting behind me. I don't think anyone has an issue with the
commercial. I understand there is a lot ofunrented space around Publix. I certainly wouldn 't want to
build a building and have it sit vacant because God knows there is enough of that going on already
around Publix. I don't think any of us have an issue with the one acre zoning; the AG-l portion, heck, I
don't expect to be the last guy to build a house in this city and tell everyone else, "No, you can't come."
I don't expect that. The main issue that I have is with the multi-unit. The term cluster is a good word
for this. It is up to 33 now. That is more than I recall during the presentation a few weeks ago. But, to
have to talk about alleys and ten foot off sets building to building is just crazy. No one in their right
mind lives in this town if they have to commute down to perimeter. Who is going to get in their car and
drive an hour on a good day, 25 miles, to get all the way down to the perimeter, and come all the way
back up here unless there is something special about where we live. You guys know that. I don't need
to tell you that. If we wanted multi-unit housing, I would have saved myself a thirty minute commute
and gone down the road here a little bit. Anyway, my three issues very quickly; multi-unit, traffic and
sewer. I just talked a little bit about the multi-unit component and the concern there. Traffic, I had
asked the developer when I was here a couple of weeks ago when there was a presentation, about a
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 22 of 118
traffic plan, they didn't have one from 2004, they didn't have one updated or weren't able to share it
with me at that point. I have been researching the heck out of this. I don't need to tell you all the road
projects going on around here. The rotary that just went in over on Hopewell, the rotary that they are
just finishing up, the work going on down 372 that they are almost done there, as you guys know, that is
going to free up all this roadway and it is just going to send more cars to the intersection here. My wife
brings my two kids to Birmingham Elementary every morning. On a good day it is twenty minutes to go
two miles. Now, I know we can't shut the roads down and stop other people from using us as a short cut
to the cheap real estate north and west of here, that is the nature of where we live up in this comer, I get
that, it's okay, that is the way it works, we are just hoping not to have to add another sixty or eighty cars
every morning and every afternoon which 33 houses plus is going to do. One thing that concerns me
that I heard was brought up, real quickly, and I kind of felt this a little bit during the prior presentation is
that they want to get these houses built; we'll do the commercial stuff later and that AG-l is way down
the road. So, what we are going to have is all these houses jammed tight sitting in the cornfield here for
who knows how long until demand reaches where people get smart and say, "hey, let's build some
commercial space here." So, that was a concern. So, I would like to ask if we can get a traffic plan just
to understand. I know there has been discussion about that intersection, forgive me if I don't have the
details if it has gone beyond this, but I don't think there is a plan yet. I don't know if we are going to
end up with a rotary in front of the cell tower or what is going to happen but I think that whatever we are
going to do to fix this area, it has to be inclusive in whatever approval is done for this development that
we are talking about. And, finally the sewer, I had no idea there was a sewer plant behind Publix. It is
very well hidden. You walk up there, it is fenced, it is treed and they did a great job. You have to do a
google earth to actually see the thing. I actually stopped in Publix today and spoke to the manager there
and asked her, "Who runs this thing, who manages it?" because I was just trying to get a feel for
capacity and the reason I asked that is the thing stinks, literally. It is not out of the ordinary especially in
heavy rain to have a very strong smell of sewer. My one neighbor who wasn't able to make it tonight,
her home is 1100 feet away as the crow flies from that holding tank to her home on the cul-de-sac of
Bream Ridge, she says she doesn't smell it there but if this thing is allegedly under capacity now and it
can handle this additional infrastructure, additional buildings, thirty-three houses times two toilets, add it
up, we are concerned about capacity. It is bad enough; it smells already when you are in the parking lot
there at Publix. I wanted to add that too. I've heard the developer say, and I know that there is some
support from some folks in the community, that this is a really good thing to do this. That people want
to have a smaller house, less maintenance, trust me I am 70-80 minutes a week cutting my grass, it is a
lot of work. I enjoy it; I chose that. No sane person is going to drive all the way up here to be in the
type of house that they can get down in Roswell, down in Alpharetta, etc. Our big fear is that people are
going to buy these homes on speculation, they are going to end up being rental units, and we are going
to get that whole kind of deal going on there which we would really like to avoid. So, in closing, I
would just like to say thank you for your time. I appreciate it and whatever impact my thoughts have if
you have any clarifying questions you want to ask, let me know. The multi-unit, we are concerned with
what that is going to do to property value. Honestly, guys, I wouldn't have bought here ifl had known
that and I am mad at myself for not checking out the vacant land there before I bought because
obviously, this has been in place since 2004. The traffic, concerns about the traffic, and of course, the
sewer, what I think might be a capacity issue with that existing plant. Thank you. Appreciate it.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 23 of 118
City Clerk Gordon read the following public comments into the record:
Jim Be)) 1060 Birmingham Road Milton, GA 30004 and Laura Rencher 1050 Birmingham Road,
Milton, GA 30004
Jim Bell and I live at 1060 and 1050 Birmingham Road respectively, less than one mile from
Birmingham comers. Please note the proposed new development at the southeast comer of Birmingham
comers will have a very direct effect on us as neighbors.
After careful comparison of the prior mixed use development plan and the revised development plan, we
have decided that we support the revised plan for the following reasons:
• We recognize that the current mixed used zoning allows for townhomes to be built with a density
of up to 33 units on this site in addition to a large day care facility. The variances allow for
cottage style homes to be built with a density of29 units. We believe that ANY proposed
decrease in density for the new development is a positive step for this congested area.
• In addition, we support the proposed cottagefbungalow style homes as they are much more
attractive and appropriate in style for the location than townhome style buildings.
• We believe that the size of the homes and style of living will be appealing to many couples and
families in the area who would like to downsize but have few options to do so.
• We understand the package septic unit behind the Publix was designed to be used with all the
mixed use buildings on the southeast comer; thus, we are not concerned about its increased use.
Others have complained of odor from the unit; we have not noticed an odor except on very rare
occasions when it needs to be serviced. In addition, we would like to point out that these units
are conunonly used and they are approved by the Georgia Department of Natural Resources.
They are used successfully nationwide and approved by the EPA with no significant reported
problems.
In conclusion, as residents, we wish that we could control all current and future development in Milton,
however, we acknowledge that legally this is not possible due to city zoning and property owner rights.
We encourage the conununity to look at conservation options, as proposed by Preserve Rural Milton, to
address concerns about rapidly increasing population, congestion and loss of rural character.
Sincerely,
Laura Rencher and Jim Bell
Mayor Lockwood
I will now open the discussion up to council for questions or clarification. Burt, go ahead.
Councilmember Hewitt
Of the 33 townhomes/single family, how many of those; I know it is in here, I can't quite find it, how
many of those are townhomes and how many of them are detached single family?
Ken Wood
On the current site plan? The current site plan is 30 units. Right now, we are looking at 7 of the homes
that are facing the conunercial that we drew as more of a townhome style and the other 23 are detached.
Councilmember Hewitt
Could you point to those 7 real quick for me? So, those are the only ones that you are calling
townhomes? The rest are single family detached?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 24 of 118
Ken Wood
That is how we think the market will react. It could be all single family detached but we think being in
the proximity to that commercial that it might be a good fit for the townhomes to be there.
CouDcilmember Hewitt
I don't know who to address this to and it is probably under Fulton County's prevue at this point, as far
as capacity at the Publix facility, how can we verify that or can we?
Ken Wood
Yes, we can verify it. We can, we are coming back up for the modification next month and we can bring
in the calculations from the owner, AG Armstrong.
Councilmember Hewitt
Have you seen those calculations?
Ken Wood
Yes, we have.
CounciJmember Hewitt
You are going to bring those back in July?
Ken Wood
Yes, especially with the reduction of the commercial.
Councilmember Hewitt
As far as one of the comments about the night sky ordinance, that is enforced whether it is stated or not?
Is that correct?
City Attorney Jarrard
That is correct.
Councilmember Hewitt
I guess the other question is for our staff; it seemed a little new to me but maybe it is not, the trigger
mechanism of the 50% and then the 75% to start building the commercial. Can you give me a little
information about that?
Kathy Field
Yes, those were arbitrary numbers but we wanted to tie it to some type of performance and so we
thought that at the very least there should be a landscaping requirement so we are not looking at a dirt lot
at some point in time and we chose 50% and then we felt that at some point in time that we needed some
leverage to ensure that the commercial as proposed on the site plan was indeed developed. And, if we
allowed all the residential to be developed without some type of performance standard so we chose at a
75% level that we may lose that leverage so it was staffs thought that we would put in a performance
percentage.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 25 of 118
Councilmember Hewitt
I personally kind oflike the idea of having a landscape plan at some trigger point where it doesn't look
like, as you say, even ifit is grass like some other places that we have around town that are developed
up front but not in the back. I do have a little heartburn over saying at X you need to start building Y;
especially when there is more Y across the street so I just wanted to bring that up for our consideration
and discussion.
Councilmem ber Th urman
I agree with you, Burt, from that aspect. I would rather see a well landscaped vacant lot there than an
empty building for years.
Council member Hewitt
Would they not have to come back for a zoning modification if it was going to be something other than
commercial?
Kathy Field
Oh, sure. Absolutely.
Councilmember Hewitt
It is not going to automatically be built out. And, I guess the other comment we had talked about, and I
understand the developer's thoughts of not saying we are going to have building X at 3,500 square feet
wide and this, that, and the other. It would be constrained by parking so we do have some constraints
there but could we perhaps, like what was mentioned say, with a maximum single building of X amount
of square feet or whatever, what looks like the most southern one, there is that western, it kind of looks
like it is the largest single building on there, not to exceed ...
Loren Wimpfbeimer 5 Concourse Parkway, Suite 2950, Atlanta, Georgia 30327
I am the developer. As far as this one goes, I think it was staffs idea, it was Robyn's idea to take the
square footage off because they are just pieces of the puzzle that move around and we used to have the
big zoning condition of how much you could have; we are never going to get there. In terms of a
minimum or a maximum on there; if we want to put a maximum on there, that is fine too. I think it is
really going to depend on when the commercial comes, how much parking does it need , how much can
we fit and we are going to play with those pieces of the puzzle.
Councilmember Hewitt
I understand that but if one of those larger buildings has a square footage on it we could at least say ...
Loren Wimpfbeimer
I think the way we have it envisioned is that we have a maximum of22,250 total on the plan.
Councilmember Hewitt
What is the largest single building on there?
Loren Wimpfbeimer
8,500 on the piece on Birminhgam Highway. That is a good restaurant size. We have to figure out
parking but that is a good restaurant size.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
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Councilmember Hewitt
So, could we say no single building to exceed 8,500 square feet?
Loren Wimpfheimer
That would be fine.
Mayor Lockwood
The only thing I would say on that and, again, not necessarily just from your perspective but also from
the city because I think we all gain if it is a productive and successful property so I am asking the
question, would limiting the size on a building rather than maybe have the maximum square footage
total but if we limit the size of one at 8,500 square feet could that impact the property negatively in the
overall design. Let's say you had a tenant or a use or a buyer for commercial property that happened to
be something really great for the area that everyone embraced but you needed 10,000 feet; that would be
my only concern.
Loren Wimpfbeimer
You've maybe got a guy that says my floor plan is 10,000; you can't do 10,000 today you've got to do
another modification, I can't wait and you're dead.
Councilmember Hewitt
I can look at it personally as one of you're either a limit on one building or you've got four drawn on
there with 22,000 some odd square feet. ...
Loren Wimpfheimer
That would probably work better for us if that is something you guys could work with.
Mayor Lockwood
I will reiterate and I have always said this, I totally respect and get where staff comes up with having
stipulations on doing the commercial and I think you are saying the right thing you've got the right thing
in there but, I do think in reality, as I know from my business, commercial always follows residential
and at some point and right now as we know, I think we would do a disservice to the whole area if we
forced the applicant to start commercial over there. My vision would be you do the residential and that
will fuel some of the other commercial that is in the area and then once it gets going it will bring a need
for commercial there. So, as a couple of folks have already mentioned, again, we do have the carrot on
the stick or whatever that those areas are zoned commercial so at some point you will have to do them
but I certainly would be in favor of not specifying a time because as I've said many times, I've been on
both sides of the table and I think if we sit up here and give too many opinions on how someone should
run their business or design their property then we also need to take some responsibility if they would be
successful or not and we can't do that so I just wanted to make that point there.
Councilmember Mohrig
Kathy, just a question, the areas that are designated commercial today, if we pass this as staff has put it,
does it force them, if someone wants to downzone and make this residential, is it worded so they would
have to come back before council?
Mayor Lockwood
Yes
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 27 of 118
Robyn MacDonald
Can I just make a caveat to that? The total residential units is 33 units aside from the AG-l one acre
lots. So, they were already up to 30. Reality is that they are not going to get very much more
residential. The remainder is really going to be non-residential. So, just to keep that in mind. The
zoning conditions from Fulton County only allow up to 33 units. They are amending it to say either
townhome or single family aside from the AG-l. You have to keep that separate.
Kathy Field
To answer your question, they can't build any more than 33. The rest has to be the commercial area or
they have to come back in for a modification.
Councilmember Mohrig
Could they theoretically, let's say they go with 30, we are using hypotheticals because it is not built,
they went with 30 in that existing area, my concern, I guess, trying to preserve and say we want
commercial on that comer, on the four comers, I wouldn't want to see that part say well, we have three
more so we will downzone and now we will build out these lots. Is there a way to protect against that?
So, it would come back before us in the areas that are designated commercial today.
City Attorney Jarrard
Not in a way that would prevent council from changing it if that is your concern.
Councilmember Mohrig
I guess my concern is that if we approve this with designation with the maximum number and we have
some designated commercial, the concern would be, let's say they don't build as many residential, what
I would hate to see is automatically the ability to encroach where it is supposed to be commercial and
that become residential even if it is three units.
City Attorney Jarrard
I don't think they could do that.
Mayor Lockwood
There is a zoning specific line on that.
Councilmember Mohrig
That is what I am asking. With Fulton County we have seen the opposite of that happening. People get
it zoned commercial and then they come back and then they dump additional residential without having
to come forward to the council. I guess that is what I am trying to avoid with my questions. I want to
make sure we protect against that.
Mayor Lockwood
You want to make sure if they want to change it they have to come back before council. I am in favor of
this project and this application; I guess the question I am going to ask staff and Ken, it looks like we've
got both from the applicant and the attorney versus staff recommendations; it looks like we have a few
differences there. Would the most efficient and realistic way to be to kind of try to go through possibly
the applicant's where he has said he agrees with this except for this, is that the most reasonable way to
go through that and check off? I know we could keep talking about this forever.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 28 of 118
City Attorney Jarrard
As the applicant's agent was trying to go through them, we tried to write them down and there are not
that many of them.
Councilmember Hewitt
And, I would like to talk to our architect and ask his opinion.
Mayor Lockwood
I am going to suggest that we kind of go through and we may agree or disagree on them. I will ask the
applicant as well as our staff to address the issues that the staff and applicant have not come to terms on
and the differences. Throw that monkey on your back.
Joshua Scoggins
Condition one we are leaving exactly the way staff has it. I tried to basically put only a few conditions
in it and it only changed the items that are in color. Number two is also left as is. Number three we are
asking for subsection F to allow porches to encroach and to the front yard setback and the rear yard
setback as Mr. Oliver explained to be zero because we are actually not backing up to right of way. We
are backing up to private alleys that are going to be owned by the homeowner's association.
Council member Kunz
I would like to interrupt because I have a specific question on that. I have seen properties with back
alleys like that and I just haven't been that impressed with it. I just want to make sure it is a good
product and Bob; I want to hear your thoughts on it.
Bob Busemi
I prefer to have the 10 foot setback.
Councilmember Thurman
For both the rear and the front yard. To me, the front yard, I feel like we have to have a 10 foot setback
or else you could have a front porch that could literally be a foot on the sidewalk. But, the back yard,
you really feel like we have to keep a 10 foot or could we go down to a smaller setback than the 10 feet
on the rear?
Mayor Lockwood
I tend to agree on that too. I appreciate everybody's and Bob's but I can see where if you have a huge
setback in the front all of a sudden there needs to be a spread out neighborhood versus the quaint alley
and garage built back there so I would be in favor of a smaller buffer if not zero as the applicant has
requested. That is my opinion.
Lew Oliver
I do everything from really a historic precedent and scale approach. If you look at Savannah, 24 feet
face to face on back alley garage buildings and service buildings. Glenwood Park is 24 feet; highly
successful. Go to Amelia Park in Florida and see what a 50 foot face to face on garages looks like; it
looks like an auto slum. You will get the alley completely filled up with junk and cars parked in front of
doors. I've done this for 25 years, practiced new urbanism for 25 years in planning, and I have seen the
mistakes and I have made them myself many, many times over. Front porches encroaching into the 10
foot setback; go into downtown Dahlonega and you are going to see 2 foot setbacks on porches and
people think it is the most charming place in North Georgia. And, really when you look at the historic
Regular Meeting of the Milton City Council
Monday, June \6,2014 at 6:00 pm
Page 29 of I 18
pattern and the communication between the front porch and the sidewalk, it is incredible. Clarks Grove
in Covington, which I worked on for many years, we have porches within 4 feet of sidewalks. Again, it
is highly successful. It commands market rates of 40% above the competition anywhere around it.
Same thing with Serenby. Serenby has many instances of zero to two foot setbacks on front porches. It
is getting market premiums of 80 to 100% greater than any of its competition.
Bob Busemi
I have no problem with the front porch encroachment because we have that now in our form based code
and it has been very successful and I am encouraging front porches and I am encouraging side porches
on all of these conditions so that portion I do not have a problem with . I was just saying there should be
a 10 foot front setback to the main building .
Mayor Lockwood
In all due respect, that is what I was mentioning, I can see Mr. Oliver's point with the 24 foot alley in
the rear.
Councilmember Thurman
Why do we have to have 30 feet for the alleys rather than the 24 feet?
Lew Oliver
Because you have to do a three point turn with the 24 foot. Rosemary Beach has 24 feet, Vickery has 30
and 30 is slightly more marketable. The people with SUV's will really complain way too much with 24
foot alleys.
Councilmember Mohrig
I guess again, Mr. Oliver, what you are saying is that by not having the setback is essentially you are not
giving additional space where people can put junk that is kind of like part of their driveway per se versus
it is an alley and you go into your residence.
Lew Oliver
Yes, if you want a third vehicle parking space, you generally pull between the garages not in front of the
doors and it is a lot nicer.
Councilmember Mohrig
Bob, the question I have for you is are you saying you are okay with the encroachment? You have seen
that. I understand what you were saying. Is there a recommendation of an encroachment no less than in
front of the sidewalk so you can put a limit?
Bob Buscemi
Normally, the encroachment is up to 50% of the setback so it is ...
Joshua Scoggins
We are keeping the main building 10 feet back.
Bob Buscemi
Usually we do an encroachment of about 50% of the front setback. That would be a five foot
encroachment.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 30 of 118
Councilmember Mohrig
A five foot encroaclunent but there is, I think in there, did I read that porches need to be at least a
minimum of eight feet wide so we actually have a usable porch versus a decorative porch?
Bob Buscemi
Yes, that is correct.
Council member Thurman
So, the rear yard setback here instead of going to none, I mean the front yard setback, instead of being
ten feet it would be ten feet but porches may encroach up to five feet. Is that what you are saying?
Front yard setback of ten feet provided porches may encroach up to five feet.
Bob Buscemi
Yes.
Councilmember Mohrig
Mr. Oliver, what is your comment?
Lew Oliver
This would require that the front facade be moved back from the front setback line which legalistically
you can do anyway unless you have a front facade zone.
Councilmember Mohrig
So, are you saying that you do not see that as an issue if you wanted to have a porch and we still left five
feet?
Lew Oliver
Not really, you just push the facade back.
Mayor Lockwood
Going back to the rear setback, Bob can you get comfortable with the applicant's thoughts on that?
Bob Buscemi
If you go to zero, we will make it work.
Mayor Lockwood
Is the council?
Councilmember Kunz
If Bob is comfortable with it, I can be comfortable with it.
Councilmember Hewitt
I think it would make sense for a cleaner look.
Mayor Lockwood
If we can just maybe check that one off in notes so we know when we go to make a motion.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 3 I of 118
Council member Thurman
I'm making notes here.
Mayor Lockwood
Does everyone agree on that?
Councilmember Mohrig
Yes.
Joshua Scoggins
Mr. Mayor, under subsection J, I believe everybody is in agreement, we were just trying to clarify that
the rear entry access would be for vehicles and I believe Mrs. Fields confirmed that was actually her
intent anyway. 4 I romanettes 1 and 2, the two that have been deleted. It is okay to leave those in. We
have spoken to Mr. Lucas and we are okay with those so disregard, please, the deletion of that. On
subsection J, romanettes 4; I am going to let Mr. Woods speak to the entrance driveway issue.
Ken Woods
So, what we are looking at, and Carter, you might be able to clarify for me. What we are worried about
is when we on our street design is for the lots coming off of Birmingham Highway and Birmingham
Road, we had parking spaces that would be, obviously, within that 100 feet because 100 feet is a pretty
good distance and so I wanted to clarify if that meant a road, if it is a parking space, we have heartburn
with it, if it is road I don't think we have any roads within 100 feet when it intercedes.
Carter Lucas
It is both but it is tied to either 100 feet or the 95% queued distance so if through your traffic analysis
you are not queuing anything, then it is the lesser of those two.
Ken Woods
Oh, the lesser, okay.
Joshua Scoggins
The condition, just to be clear currently states whichever is greater.
Carter Lucas
What we could tie it to is what the actual queue is anticipated to be. So, if we look at that as opposed to
a fixed distance, we can work with that. So, if you wanted to strike whichever is greater, we could work
with that.
Councilmember Thurman
So, we can strike out that one part of it.
Carter Lucas
That's right.
Councilmember Mohrig
So, just leave it at or ...
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 32 of 118
Mayor Lockwood
Are we all on the same page with the last one, council and applicant?
Joshua Scoggins
Yes . K and M we can leave in. P we were looking at a situation on this one, again, and I'll let Ken
Woods explain, but the granite curbing that is something that gives the applicant a little bit of heartburn.
Carter Lucas
I can weigh in on that real quick. The way the condition was originally written was to provide them
with an opportunity to provide granite curbing. It they don't want to provide the granite curbing, that is
fine, just a standard 24 inch curb and gutter will work.
Ken Woods
We were just looking for flexibility.
Mayor Lockwood
We were just trying to give you some upgrades there so you can charge more for the homes.
Lew Oliver
Carter, does that include the possibility of us doing flush curbs?
Carter Lucas
If you wanted to do the flush curb, you would also have to take into account the drainage associated with
that and so a lot of times that is a little bit wider but if you wanted to adjust the right of way along those
roads to account for that, that would be fine.
Robyn MacDonald
So, Carter, what should it read?
City Attorney Jarrard
Is that just striking it all together?
Carter Lucas
Originally, this was part of another condition.
Robyn MacDonald
Right.
Mayor Lockwood
So, it sounds like it would really be better if we strike it.
Carter Lucas
If a typical section was just tied to approval from the Department of Public Works, we could work with
that.
Ken Woods
That is what we want, as long as it is tied to Carter's approval; that is fine.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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Mayor Lockwood
Okay.
Joshua Scoggins
Moving to condition 6, Mr. Mayor, subsection (a), romanette 4 and 5, with the minimum lot width, I just
wanted to point out that under the current code, the lots can be 20 feet wide in the mixed zoning
category . We have always asked for 30 so we are 50% larger than the minimum and I think staff had
come back with 35 but I don't think our plan contemplates 35.
Lew Oliver
We would like to have the flexibility of possibly doing 30 foot lots because with 30 foot lots we can do
20 foot product which there is a huge demand in upscale empty nester housing for that.
Mayor Lockwood
This is a minimum. This isn't necessarily; you mean they are all going to be that way?
Lew Oliver
Correct. Yes, this is a minimum.
Mayor Lockwood
Kathy, do you want to conunent on the 30 feet versus the 35 feet as the minimum?
Kathy Field
We had thought that the minimum was 35 for lot frontage but when we looked up the MIX zoning
category, we were corrected in that the lot frontage requirement is only 20 and so when it was 35,
therefore, if the lot frontage was 35 then obviously the lot width had to be 35 but since it is now 20 ,
we've got some flexibility here and so they asked that the lot width be modified from 35 to 30 and we
agreed.
Karen Thurman
And, that means that the frontage is also 30?
Kathy Field
The frontage really is only 20 but they have made it 30 so they are consistent both with the frontage and
the lot width at 30 but it really only needs to be 20.
Councilmember Mohrig
But we are designating it to a minimum of 30.
Kathy Field
Correct.
Councilmember Mohrig
So, you are okay with that?
Mayor Lockwood
And, the applicant is okay with that too?
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 34 of 118
Kathy Field
Single family and there is a maximum of 50 which is in our conditions so the lot widths will go. Because
we want a varied lot width, we don't want them all the same size so it will be a minimum of 30 and it
will go up to a maximum of 50.
Joshua Scoggins
Moving down to romanette 7 under subsection (a), we were just clarifying for vehicles on the alley
ways. I think everybody is okay with that one as well. B under 6 we have already spoken about so I
won't rehash that one. That is the one about the commercial timing . We are okay with grassing that.
We are not going to leave it dirt.
Mayor Lockwood
I want to clarify that. Was that , Kathy, was that a 50%, we talked about a landscape plan, when you say
landscape plan is that actual landscape or just a plan?
Kathy Field
It is something that will be provided to the arborist to review . We want some plantings there. We don't
want a dirt lot so whatever the arborist is satisfied with. Obviously, we are going to realize that it is
going to be developed at some point but it needs to be clean looking and an asset to the neighborhood
rather than a dirt lot.
Mayor Lockwood
That is where I would want to clarify because obviously the intent is to make it look nice and all that and
protect it but on the flip side we wouldn 't want to ask the applicant to plant a bunch of stuff that has to
be tom down later.
Kathy Field
That is correct.
Councilmember Hewitt
I would like to see something that is a little bit more than the minimum for erosion control of grassing
but on the same side some trees or something that would potentially be used going forward but
something other than seed and mulch thrown out there.
Kathy Field
And , perhaps we could use the word temporary to say a temporary planting plan which implies less than
a permanent plan.
Councilmember Mohrig
I think the question is , the plan is great that they come forward and the arborist approves it, but what is
going to actually happen after they do the 50% what is going to be committed to actually start some of
the landscaping in that area.
Councilmember Thurman
Because it doesn 't say the landscape is going to be done it is just going to be submitted.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 35 of 118
Mayor Lockwood
It is almost like we need a standard that is reasonable and whether it is 50% or less or whatever that the
owner takes the commercial sites and grasses them and possibly maybe some perimeter trees of some
sort within reason and are plantings that would probably stay and get some maturity but not lock them in
and have to cut out.
Councilmember Kunz
Can we make a time component as far as when that planting application is made that he has to have
those trees and whatever in the ground by three weeks after approval by the city arborist? Can we do
that? That way we know that 50% is met and they submit the application as soon as we give it back we
have a plan.
Mayor Lockwood
What is your suggestion on that Kathy?
Kathy Field
Mr. Mayor, we were discussing here that we want to say that a planting plan shall not only be provided
but also be installed.
Councilmember Thurman
Say a temporary planting plan
Kathy Field
Shall be provided to the city arborist and upon his approval installed.
Mayor Lockwood
I am good on that but how do we clarify that so it is within reason. I wouldn't want the property owner
to have to waste money but obviously it is in the best interest to make it look nice. Are we calling it
grass then ...
Councilmember Thurman
If you just say a temporary plan, it tells you it is not a permanent plan; it is just something that is going
to look nice that the arborist has some flexibility over.
Kathy Field
I think the intent is there in that paragraph and that the idea is that it is not going to be the permanent one
and we would just, the arborist would use his judgment and I think it has worked so far.
Loren Wimpfbeimer
I will certainly do what you guys are describing in terms of the grassing with bushes, etc. recognizing
that we are not putting in specimen trees.
Mayor Lockwood
Maybe it could be worded somehow as Councilmember Thurman said, a temporary landscape plan but
also within reason, and obviously the arborist is reasonable but just to clarify that you wouldn't have to
have things that you would have to take out later; maybe some bushes or something that could be used
later but wouldn't be in the middle right where the building would sit.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 36 of 118
Councilmember Hewitt
Greater than grassing and less than full landscaping, and we also want to put in there, implemented and
maintained as well.
Mayor Lockwood
We also may want to put a reasonable expectation on there.
Kathy Field
We have some language.
Joshua Scoggins
I think what we are looking at is saying that there will be a temporary landscape plan that will be
primarily grass recognizing that it is temporary in nature and then we can had a comment that it will be
maintained.
Mayor Lockwood
Are you guys okay with that?
Joshua Scoggins
Repeating it again we said we would have a temporary, looking at the condition language itself, those
areas shown as commercial on the revised site plan submitted on June 9 starting right after that a
temporary planting plan shall be provided to the city arborist to be approved and installed and that
temporary plan will be primarily grass recognizing that it is temporary in nature and said landscaping
shall be maintained by the developer.
Councilmember Thurman
I don't know that we have to put in there primarily grass. I think that we need to leave that up to the
arborist. It is a temporary landscape plan you ought to know that you are not going to be planting high
caliber trees.
Joshua Scoggins
Okay, so let's just strike the language be primarily grass.
Mayor Lockwood
It needs to kind of work itself out to where it is a benefit to the property owner because it is attractive
and makes his property more valuable but also for the neighbors who will see it.
City Attorney Jarrard
Does the council want to put a time requirement for ...
Mayor Lockwood
For the actual installation of it. What is reasonable? 60 days, 90 days?
City Attorney Jarrard
I have written down 90 days in my notes. They have to put something out immediately so they might as
well spend their money putting down the grass.
Regular Meeting of the Milton City Council
Monday , June 16,2014 at 6:00 pm
Page37ofl18
Councilmember Hewitt
What about the 75% trigger?
Councilmember Thurman
We are deleting the 75% trigger.
Councilmember Mohrig
You don't want to force the commercial building if it is not ready .
Joshua Scoggins
Moving on to subsection C of condition 6.
Mayor Lockwood
And, let me just break in and I know Mr. Mills had a comment and by following the rules we should not
allow that but I did see that you did speak to our staff so our staff can certainly make any comments you
want.
Kathy Field
Mr. Mills was concerned about the lack of a performance standard and how long he would have to look
at temporary landscaping.
Mayor Lockwood
I understand that and there is some gray area there but the intent is that it is landscaped in a nice enough
way that it looks good whether it is a year or five years or ten years . I don't know how you exactly word
that. The arborist could, if it is in agreement with the owner, put some small trees with the engineers
input that probably would whether you wait ten years to build something but right now they would be a
good mix for it and also for the existing property owners. I think we are trying to give it nicer than what
typically happens so nobody can predict the future and say that if this property gets developed now or
ten years from now.
Councilmember Thurman
I just have a question for staff. The sidewalk that will be going along Birmingham Highway, when will
that sidewalk have to be put in and at the time that the sidewalk is put in, can you go ahead and put in
some of the trees there at that time? When does the sidewalk have to be put in, Carter, on Birmingham
Highway?
Carter Lucas
Sidewalks are normally done at the time of the development so the development of the individual parcel
for each individual home, the home builder itself would do the sidewalk.
Councilmember Thurman
What about the sidewalk by the development of the commercial?
Carter Lucas
Just like that of the development of the commercial properties, unless we conditioned it otherwise, as
those commercial properties were developed the sidewalks would be installed.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 38 of 118
Councilmember Thurman
I would like to see the sidewalk be put in with 75% of the residential properties are completed so that
way at least you've got a more finished look from Binningham Highway.
Ken Woods
I think it makes a lot of sense to do that and say that the sidewalk and street trees will be installed along
the frontages and then the rest of it and can be temporary and then that way the whole frontage is
protected with the sidewalk and street trees.
Mayor Lockwood
And, you know, that was my whole point. The interior of it if it is just grass just protecting it but I like
that idea of the sidewalk and if the applicant is okay with that and the street trees that will be a benefit to
the community and the applicant or the property owner let's say it is five years from now and the trees
have gotten bigger and it looks better and saves them money from having to plant bigger trees later.
Kathy Field
Right now we are at 50% for the landscaping.
Mayor Lockwood
I think we need to probably ...
Councilmember Mohrig
I guess that I think is going to move us closer to if you want to talk about walkability even if you old off
on the commercial element at least you make that useful space so it doesn't have a sidewalk to nowhere
where it kind of dead ends because you are treating this as one deVelopment.
Mayor Lockwood
Alright, so 50% and put the extra sidewalks and the tree landscaping or whatever you want to call it.
Joshua Scoggins
Just quickly, council, on C, we wanted to have a bit of flexibility with regard to where the village green
would be located because the plan hasn't gone through final engineering we didn't want to be tied to
having it drill down to the Southside of Binningham Road west of the entrance, etc. and I believe with
respect to the 11,500, Mr. Wood already explained that he has already measured the physical area that
was intended and so we believe that is a more accurate number.
Kathy Field
May I, Mr. Mayor, ask Robyn where that 13,000 came from. Was that tied to some condition that was
written?
Robyn MacDonald
It was on the original 2004 site plan.
Kathy Field
And, it said 13,000 square feet?
Councilmember Mohrig
So, that was village green that was agreed upon back in 2004 as a condition.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6 :00 pm
Page 39 of J 18
Councilmember Thurman
I think the wording said 13,500 and the site plan showed 11,500.
Robyn MacDonald
His site plan but not the approved zoning site plan. Village Green on the site plan sites 13,500 square
feet so whether it dimensioned out to be that, I don't know, but that is what the original 2004 zoning site
plan said.
Ken Wood
If I can explain why I mentioned that is because we found with the old conditions as it related to the
scale of the plan that a lot of the buildings weren't as big as they said they were and a lot of the stuff
wasn't as big when you actually do it so I actually got in there and measured it I realized that area is not
13,000 square feet, it was 11,500 so I was just trying to get the accurate number of what it was.
Councilmember Thurman
So, you are not actually changing what it was on the drawings it was just what it was in the ...
Ken Wood
It is in the exact same location the only difference is that I am giving you the accurate number.
Councilmember Longoria
I never look at the drawing; I look at the words so if it said 13,000 I would guess someone was thinking
it was 13,000.
Mayor Lockwood
To keep the 13,000, how does that impact?
Ken Woods
Well, I guess we could add, as long as we could add, there is not enough green space up there, there is
not 13,000 square feet is what I am saying. As long as we can count, maybe you know how we have the
park in our cul-de-sac; as long as we can count other areas toward that we can be okay. I'm just saying
that physically that condition would be restricted because on the old plan it physically wasn't that big so
I am just trying to make a note that the Village Green that is up there that is delineated on the plan is
11,500.
Mayor Lockwood
Well, typically, you do look at the written number but that would be up to council and staff ...
Councilmember Kunz
Can you point to the area you are talking about?
Councilmember Longoria
And, it hasn't changed any dimensions since the original drawing or have we trimmed it down
somehow?
Regular Meeting of the Milton City Council
Monday, June \6, 2014 at 6:00 pm
Page 40 of 118
Robyn MacDonald
Ken is probably right that is was dimensioned wrong but the number on this site plan actually says
13,000 square feet so whether the dimension by scale is wrong it still says that.
Councilmember Longoria
If it is physically not that size, I don 't want to all of a sudden have to say we are going to have to start
adding up little pieces from other places in order to get to 13,500 because if everything else is not going
to be available how do we make that all of a sudden 13,500 if it is not that big.
Councilmember Thurman
What would they have done if they had built to the site plan they currently have?
Loren Wimptbeimer
Exact point, this site plan and the words don't match from 2004, we are trying to fix a bunch of stuff and
so whether it is the commercial that doesn't fit with parking, septic systems that no one intended to
build; this is just another example of when the words didn't match the plan.
Mayor Lockwood
Can we go to 13,000 but allow them to split that up a little if they get the 11,500 and then the other area
that you pointed out get a little more buffer there?
Ken Wood
We definitely have it I was just making a point that it is not at that location.
Councilmember Hewitt
But you can mass 11,500 at that location.
Ken Wood
Yes .
Mayor Lockwood
Are you guys okay with that?
Councilmember Longoria
And, find 1500 some place else; is that what you are saying?
Councilmember Thurman
Then, we would need to take out the part that says, on the Southside of Birmingham Road.
Ken Wood
I think if it can maybe say, provide a village green space of 13,000 on the MIX portion of the southeast
corner or just on the southeast corner because that is what the zoning talked about the original zoning.
Council member Hewitt
Ifwe do that then we need to say that at least one mass will be at least 11,500.
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 41 of 118
Ken Wood
That would work. Because, that is the problem; the way this reads it talks about one mass being 13,000
that is why I am bringing it up because obviously our open space is four acres in the back so it is easy
for us to get there .
Councilmember Mohrig
Is there any way; those are your numbers, is there any way to verify this? Can staff verify while we are
sitting here tonight that the 13,000 that is on the plan is correct?
Ken Wood
I have a scale.
Robyn MacDonald
Do you mean to scale it or the numbers on the plan?
Councilmember Mohrig
If the number is correct.
Councilmember Hewitt
Can I see your plan and can I see your scale.
Mayor Lockwood
Burt can do it.
Council member Thurman
I can verify that Fulton County ' s plan didn't always coincide with their numbers.
Councilmember Hewitt
You can move on to something else while I verify this.
Mayor Lockwood
Okay . Let's put that item on hold. Burt is going to scale it. Let's move on to the next item.
Joshua Scoggins
Condition 7, subsection B; single gable front primary building mass with the possibility of a subordinate
secondary mass or separate carriage house mass. Again, the way the condition was worded, and I don't
know if it was the intent, but it looked to us like it was requiring carriage houses on each house when
that was not necessarily the intent so we were trying to make it more clear that if that was being done on
a particular house , that we would follow this but not necessarily be obligated to construct that. Am I
right?
Mayor Lockwood
I will look to Kathy and Bob on that. What were your thoughts on that?
Bob Buscemi
That condition was actually created by Lew Oliver so it is a little bit restrictive but with the word
possibility ...
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 42 of 118
Loren Wimpfbeimer
Can we go back to the park for a second; the size of the green. I was looking at the zoning conditions
and there is nothing in the zoning conditions, it is only reflected on the site plan and on the site plan it
says it is an approximation; it says plus or minus , so you are dealing with the site plan; not with the
words.
Mayor Lockwood
Okay. We will go back to that one let's just move on. So, section B we are okay with the wording and
all staff agrees with that.
Joshua Scoggins
Under 7 E; the romanette 2; front porches should have a wooden front porch system; we wanted a little
bit of flexibility with regard to whether that can be, I'll let Lew speak to that , but synthetic wood or. ..
Lew Oliver
That can be a synthetic decking that looks like wood.
Councilmember Mohrig
So, something that looks like wood.
Mayor Lockwood
Okay, moving on to the next one with chimneys.
Joshua Scoggins
Comer lots should have porches or be designed with recesses and projections. Lew, I'll let you speak to
that.
Lew Oliver
We are fine with that.
Joshua Scoggins
Under G we were just clarifYing what I believe Mrs. Field's intent was to allow stone anyway; we just
added it to make sure we could do it. Under I; romanette 2, we were having some difficulty with
defining middle screen and slot vents. Lew, I will let you speak to that.
Lew Oliver
I think we just want to address that and just say that exterior ventilation materials will comply with the
architectural period theme for the development and we will use traditional practices for ventilation
details not refrigerator vents under a soffit or anything like that and may times you don't even have to
ventilate anymore.
Mayor Lockwood
Okay. Are you guys okay with that?
Councilmember Thurman
I am fine with that.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 43 of 118
Lew Oliver
Mrs. Thunnan suggested stone houses can we had that to acceptable finishes? I think we should. We
would just add another category native field stone; don't want imports from Indiana right now.
Joshua Scoggins
That would be subsection J; romanette 7, added and then L we wanted the flexibility of doing asphalt
shingles. I think that reflected the reality. Lew, you can speak to that.
Lew Oliver
I think to put stainless steel metal or wood shakes is a $15-20,000 add to a house.
City Attorney Jarrard
Mr. Mayor, could we have clarification on subset 7. They just finished involving the stone.
Mayor Lockwood
That was something they were talking about adding to be able to use stone as ...
Lew Oliver
An exterior finish.
Mayor Lockwood
How would you word that?
Joshua Scoggins
Native fieldstone shall be permitted on exterior finish.
Mayor Lockwood
You got that, Ken? Where are we now?
Bob Buscemi
Ijust wanted to bring council's attention; all the diagrams that Lew Oliver showed us, and we did meet
with him, had either wood shake shingle roof or a standing seen metal roof; asphalt roofs, if we put that
in they are going to end up coming in and putting asphalt roofs on everything. If you go to places like
Vickery, all those places have the wood shake roofs; it is just a different character. If you look at the
commercial construction that is on the other quadrants, they are all wood shake roofs. I just think it
would be more in keeping with the quadrants.
Councilmember Kunz
I would agree with that.
Mayor Lockwood
The only thing I would say is if you are trying to be architecturally correct, aren't there a lot of old
homes in the area with asphalt roofs, maybe not the ones that you see typically on every house or the
architectural but the kind that have the diamond shape.
Lew Oliver
After the year 1900, most houses went to asphalt shingles after the Great Fire in Chicago. It is very very
typical.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 44 of I 18
Mayor Lockwood
I get it that we would like to not have just cookie cutter cheap shingles but is there a way; is there an
historic type shingle.
Lew Oliver
It is called classic red or classic green. We have done projects that way all over.
Councilmember Thurman
Could we just put asphalt shingles as approved by the city architect?
Mayor Lockwood
Let's specify our intent. We don't want it to be a cheap three tab shingle.
Lew Oliver
It is architecturally correct, the period.
Mayor Lockwood
Could you explain it, Lew?
Lew Oliver
The classic red can be not very expensive to do, less than three tab.
Mayor Lockwood
What does it look like? What is the shape of it?
Lew Oliver
The diamond crest are hard to get. Most of them are almost a brick bund and they are terra cotta color
and they were very common after the year 1900 as was the kelly green; you see it on white houses. It is
completely feasible to do and it looks good.
Council member Thurman
So, asphalt shingles approved by the city architect.
Mayor Lockwood
And, you can vary it too so they all don't look alike.
Joshua Scoggins
So, we just use the language, asphalt shingles as approved by the city architect. Okay, clarification on
romanette two under L, gutters and downspouts. I'111et Lew or Ken speak to this because I believe there
was some confusion about the description of that.
Lew Oliver
Well, I'm confused because I see a typo that has been struck through and replaced with something that is
also a typo. The intent of this is that we would do round gutters and half round downspouts.
Councilmember Thurman
So, how does this need to read then?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 45 of 118
Lew Oliver
It needs to read, half round gutters and round downspouts executed in paint grip galvanized metal or raw
aluminum shall be used.
Councilmember Hewitt
I wanted to say half round downspouts.
City Attorney Jarrard
So, half round gutters and round downspouts; what was the wording again?
Lew Oliver
I'm going to change this every time you ask me, let's see, half round gutters and round downspouts in
paint grip galvanized metal or unfinished aluminum.
Joshua Scoggins
Mr. Mayor, under subsection Q of condition number 7, we had this condition, materials on the same
form shall not be varied. We were a bit confused about what that meant.
Mayor Lockwood
VVhatdoesthatmean?
Lew Oliver
I wrote it and it is in reaction to the absolute chaotic use of too many materials on the same building that
we see that has blighted the suburbs everywhere. And, when you see a good period house it is usually in
brick or siding or it might be brick central mass and siding in rear but there is extreme clarity and
extreme restraint. People did not do cut and paste paper doll type of stuff on their facades like they do
now.
Councilmember Thurman
We have already said under J 6, no more than three different exterior wall materials so how does that
differ?
Lew Oliver
It talks about the house as a 3 dimensional object because of the use of the word form but no more than
three materials on one elevation. Let's say you could have stone pierce with brick infill and siding
above; that is your three materials.
Council member Thurman
That is under J 6, correct? I am asking do we need both J 6 and Q or are we okay with just J 6?
Lew Oliver
You are probably okay with J 6.
Councilmember Thurman
Okay, so we can delete Q.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 46 of 118
Mayor Lockwood
Okay, now we need to go back to the 11,500 versus 13,000.
Councilmember Hewitt
Okay, it was a little bit difficult to scale because the plans go to 100 and the scale doesn't go that high
but I came out to within about 500 square feet of the 11,500 and the plan does say 13,000 plus or minus.
So, I think if we do it we need to say 11,500 in mass and then another 1,500 somewhere else.
Mayor Lockwood
Is everyone in agreement with that?
Carter Lucas
Mr. Mayor, can I make one correction? Back on item 4 J where we are talking about the 100 feet and
the 95% queue and we deleted the language, whichever is greater, I would like to replace that with, as
may be approved by the Department of Public Works. That way we can work with the developer on
that.
Mayor Lockwood
I don't have a problem with that but is that okay with council? That is pretty typical, isn't it? Legally,
you have to go by your requirements for what it takes to get it done.
Carter Lucas
That's right.
Mayor Lockwood
If we put some kind of formula in there and it doesn't work then you would have to change it anyway.
Robyn MacDonald
So, Carter are you saying to keep the verbiage but just add the as approved ...
Carter Lucas
Yes, where we deleted, whichever is greater, we would replace that with, as may be approved by the
Department of Public Works.
Robyn MacDonald
Okay.
Councilmember Thurman
Do you want me to make a motion and then we can discuss it or how would you like for me to do this?
Councilmember Kunz
I have a couple of questions. Just to make sure, on the sewage aspect that is only for the, it is not for the
AG-l down below, it is going to be for everything else?
Kathy Field
That's correct.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 47 of 118
Councilmember Kunz
Okay, so that is confinned. And, then of course you are aware that has to be approved before you can
get that. You are taking a risk that if that doesn't get approved for whatever reason, right? Because we
are not approving that tonight, just so you know that. Do we need to make any reference to the 2004
Fulton County agreement to all this? I was just curious.
City Attorney Jarrrad
The agreement was referenced in the 2004 approval by Fulton County. It is between two private parties
or three private parties. It is spread upon the Fulton County minutes candidly since Fulton County is
not a party to the contract; I'm not even sure what that means. It has a lot of tenns in it that may
candidly be inconsistent with the conditions that we are about to adopt right now. My fear is that it is
just going to insert an element of confusion to the extent of what it means. Candidly, I did use it as a
means of sort of interpreting what some of the intent was from the prior action of Fulton County but I
don't think we should make it part of your action this evening.
Councilmember Kunz
Not as far as the motion, but a lot of those elements are still going to be involved.
City Attorney Jarrard
They are and we can reference it again because nothing Fulton County did except what we expressly
changed tonight is going to be changed by what we do tonight. That will still be in existence and
candidly, Council member Kunz, the private parties can still enforce that agreement to the extent they
need to.
Mayor Lockwood
Yes, I am open to accepting a motion. Councilmember Thunnan, if you feel that you have the points
we've agreed to and staff as well as the applicant and attorney can make sure and clarify that we are all
on the same page, I'm open to that. Matt, do you have another question?
Councilmember Kunz
Just one more question. I felt a little bit the same as Mr. Buckley who spoke earlier about the townhome
units. I love the idea of the cottages. I was just curious about, you mentioned that they may be all
cottages, what is the detennining factor about which way you want to go with the townhomes versus
not. I know you mentioned you just have the seven but is it the market or is it just cost or what?
Loren Wimptbeimer
I think we have to do a little more work to understand what people want but we had 33 townhouses and
now we are just trying to figure out what the market wants. Clearly, people want some cluster because
we have those in town already but those townhouses provide a nice buffer to the retail on Binningham
Highway so they are still on the table .
Councilmember Kunz
Are you amicable to agreeing to a maximum of seven townhomes?
Loren Wimptbeimer
I think that goes beyond what we sort of came here tonight to do and I think with the conditions we have
agreed to which go well beyond modifying the conditions we asked, I think we have shown a lot of
flexibility.
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 48 of 118
Councilmember Kunz
So, no.
Loren Wimpfbeimer
I don't think we are going to get there on 33 townhouses but I just couldn't sit here and tell you exactly
where we are going to end up.
Councilmember Kunz
I would still like to see a majority of them be cottages.
Loren Wimpfbeimer
I think they will be. I think that is the more desirable product and at a higher price point and we have a
limitation on the total munber of residents.
Mayor Lockwood
Does anyone else have a question or comment?
Councilmember Thurman
Do you want me to make a motion?
Councilmember Thurman
I will make a motion for approval of consideration of ZM-03, southeast comer of Birmingham Highway
and Birmingham Road containing 22.30 acres currently zoned mixed use and AO-1 to modify
conditions 1 c, 1 d , 2a, 3 b, Agenda Item number 14-155 conditioned upon staff s proposed conditions
with the following changes:
Item 3F, front yard setback 10 feet provided porches may encroach up to five feet.
30, rear yard setback will be none.
3J, units shall be rear entry access for vehicles via alleyways.
4J , subsection 4, entrance driveways shall be provided a minimum of 100 feet or the 95% queue length
as made be approved by the Director of Public Works, for uninterrupted access .
Item 4(P); provide a minimum of 4 inch granite curb on the typical section or as approved by the
Director of Public Works.
Mayor Lockwood
I believe we had a conversation that the curb was just as approved by the Director of Public Works.
Take out the granite.
Councilmember Thurman
I thought we were going to say provide a minimum of 4 inch granite or as approved by the Director of
Public Works .
Mayor Lockwood
I think we are going to say curbing as approved by the Director of Public Works.
Councilmember Thurman
Okay, Item 6, subsection 4, minimum lot width of 30 feet. Item 6(a)(5), minimum lot frontage of 30
feet. Item 6( a)(7), units shall be rear entry access for vehicles via alley ways. Item 6(b), at which time
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 49 of 118
that 50% of the residential units are issued a certificate of occupancy those areas shown as commercial
on the revised site plan submitted on June 9, 2014, a temporary landscape plan shall be provided to the
city arborist for approval and installation and installed within 90 days. Also, at such time, 50% of the
residential units are issued a certificate of occupancy. The sidewalk and street trees shall be installed.
6(c), provide a village green on the south side of Binningham Road that shall be a minimum of 50 feet
in width and a minimum of 11,500 square feet in area measured according to the current setback and an
additional 1,500 square feet within the development. On 7(b), single gable or front primary building
mass with a possibility of a subordinate secondary mass and/or separate carriage house mass. 6(e)(2),
front porches may have a wooden porch floor system and shall have an open crawl space. 6(f), comer
lots shall have side porches or be designed with recesses and projections as to discourage a single
planter wall. 6(h), chimneys shall be expressed in brick or stone. 6(i)(2), all exterior ventilation
materials shall comply with architectural period theme for the development. 6(j), adding 7, native
fieldstone shall be pennitted . 6(1) 1, materials shall be shaped wood shingles or standing seam paint or
galvanized metal or asphalt shingles as approved by the city architect. (1)2, gutters to be one half round
and downspouts to be round and paint gripped galvanized metal and delete (q).
CounciImember Kunz
Second.
Mayor Lockwood
Wait. I think we want to do aluminum gutters too.
Robyn MacDonald
And, when we spoke to varied lot sizes, I believe on 6A, we don't have a maximum lot width of 50 feet,
it is just minimum.
CounciImember Thurman
We are going to add 6A8.
CounciImember Mohrig
So, the 50 feet is not in your original?
Robyn MacDonald
It is not in anything.
Kathy Field
It was mentioned in the staff report but it never got into the recommended conditions.
Mayor Lockwood
We have a minimum of 30 feet and a maximum of 50.
Kathy Field
Right, and we would like to say a variable lot size is encouraged. We don't want all the same size lots.
We want a variable.
CounciImember Mohrig
Basically, you are making it consistent with what was stated early when you put it in the conditions.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 50 of 118
Kathy Field
That's right. And , it was an oversight and I apologize.
Mayor Lockwood
And, the last one, Q, was deleted?
Councilmember Thurman
We deleted Q.
Councilmember Mohrig
Did we put anything in there about maintenance or is that just assumed when we talked about the
plantings?
Mayor Lockwood
That is typically assumed.
City Attorney Jarrard
Council member Thunnan, on 7, I just want to make sure this is correct because we took a little bit of
time, on 7(1)(2), we went through that language a couple of times. I have, and I just wanted to see if
your notes, half round gutters and round downspouts in paint gripped galvanized metal or unfinished
aluminum.
Councilmember Thurman
Okay, so add unfinished aluminum.
City Attorney Jarrard
Otherwise, that was a great job.
Mayor Lockwood
I have a motion from Councilmember Thurman for approval of this application with the listed changes
that are on the record that she went through. I've got a second by Council member Kunz. Do I have any
discussion?
Councilmember Kunz
I know a lot of people, this is a big deal for the atmosphere up there but a lot of people are excited about
what the city is becoming in that village area and just that area, the business owners that are there have
been very supportive of this but they needed help and we are excited as a city to be able to help them. I
think we had a great process to get to where we are that involved just about everybody that was here.
Granted, it is like making sausage, but if we get to a point as we go through this, I think we are going to
create something that we will all be proud of through all this so start to finish it was a long process, I'm
not a contractor for all the work that you guys did on a lot of the details but I was happy to see it done
and I'm excited about what we are going to create there.
Mayor Lockwood
Ijust want to say that I commend everybody on this process. We had input from our community, our
staff has worked hard on this application, the applicant has worked very hard, everybody has given and
taken some, I think the council we have spent an hour or an hour and a half going through this but I
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 51 of 118
think this is everybody should be commended because the city is getting something good and hopefully
it is something that works for the property owners and developers and it is a nice process when
everybody has a say and everybody works together to come up with hopefully an end product that will
work so I just want to thank everybody for that process.
City Attorney Jarrard
Mr. Mayor, just one more thing before the council votes on that significant motion that was just made,
Council member Thurman, I just want to clarify because I don't think this got called out but I think it
was your intent, on the 50% requirement with respect to the tree planting of the landscape, the
requirement regarding the 75% was all struck?
Councilmember Thurman
Yes, that was all struck when we put in there the 50%.
Councilmember Mohrig
And, the sidewalk includes all along Birmingham Highway.
Mayor Lockwood
Kathy, do you want to add something?
Kathy Field
Yes, I would like to propose an amendment to your motion and the issue of the front porches
encroaching into the front yard, which we resolved with the townhomes, we really need to bring up that
same issue with the single family homes. The porches should be allowed. Right now, it is just saying
front yard setback 10 feet but it doesn't mention the porches encroaching for the single family as we did
for the townhomes. Is that an oversight or something that we should add? According to Robyn, it is
already in there.
Councilmember Thurman
That's what we thought.
Mayor Lockwood
Okay, I have a motion and a second.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6 :00 pm
Page 52 of 118
The Mayor and City Council approved this petition. The recommended conditions (RZ04-116) have
been revised to read as follows:
1. To the owners agreement to restrict the use of the subject property as follows:
c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres
within the Southeast Quadrant of the Birmingham Neighborhood Node at a
maximum density of 4.98 units per acre, whichever is less. Above described
acreage shall be zoned MIX (Mixed Use) Conditional.
d. A 10,000 square foot day care facility on 6.63 acres vJithin the Southeast
Quadrant of the Birmingham Neighborhood Node at a maximum density of
1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX
(Mixed Use Conditional.
2. To the owner's agreement to abide by the following:
a. To the revised site plan dated June 9, 2014 October 28,2004 (Petitions 2004Z
0116 NFC and 2004Z 0043 combined) submitted to the Department of
Environment and Community Development. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance Resolution 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 for townhouse units:
c. To require conformance with the Georgia Department of Transportation (GDOT)
requirements. No more than one (1) eJ{itientrance on the west side of Birmingham
Highway. Curb cut location and alignment are subject to the approval of the
Fulton County Traffic Engineer.
f. Front Yard Setback: 10 feet, provided porches may encroach up to 5 feet.
g. Rear Yard Setback: None.
h. Height: There shall be a maximum height limit of two stories with the maximum
height of 28 feet from average finished grade to the bottom of the roof eave.
1. A minimum of 80% of common wall shall be contiguous with each adjoining unit.
1. Units shall be rear entry access for vehicles via alley ways.
4. To the owner's agreement to abide by the following requirements, dedication, and
improvements:
1. Dedicate at no cost to the City of Milton or Georgia Department of Transportation
(GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as
necessary to provide the following:
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 53 of 118
1. Provide at least 35 feet of right-of-way from the centerline of SR
372IBirmingham Hwy along the entire property frontage or as may be
required by GDOT.
11. Provide bicycle and pedestrian improvements along entire property
frontage of SR 372lBirmingham Hwy and Birmingham Rd according to
cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances and as approved by the City of
Milton Public Works Department.
111. Provide a 50 foot wide pedestrian easement free of any structures or above
ground utilities for future pedestrian inter-parcel access on the east
property line on land lot 413 as required and approved by the City of
Milton Public Works Department.
J. Access to the site and installation/modification of transportation infrastructure shall
meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the
approval of the GDOT and the City of Milton Public Works Department, prior to the
issuance of a Land Disturbance Permit. At a minimum, provide:
1. SB left twn lane on SR 372 at new access drive
11. WB left twn lane on Birmingham Road
111. EB deceleration lane on Birmingham Road
IV. Entrance driveways shall be provided at a minimum of 100 feet or the
95% queue length, as may be approved by the Director of Public Works,
of uninterrupted access. This distance shall be measured from the edge of
the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any
interior drive aisle or parking space.
v. Entrance improvements on Birmingham Rd shall be directly across from
Publix Shopping Center existing driveway.
k. Cross parcel access to the adjacent commercial tract to the north should be provided
through the commercial areas. Convert the public access right of way between the
residential lots 17-30 to private alley.
I. Eliminate the public right of way on all alleys.
m. Provide adequate sight distance at all intersections, eliminate on street parking as
necessary.
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Monday, June 16,2014 at 6:00 pm
Page 54 of 118
n. All street improvements shall extend across the entire street frontage. Sufficient right
of way shall be dedicated to ensure that all improvements are contained within the
right of way.
o. Provide a minimum right of way of l' behind the proposed sidewalk throughout the
development.
p. Provide curbing as approved by the Director of Public Works.
5. To the owner's agreement to abide by the following:
o. 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.
1. Side slopes for the stormwater management facility shall be no steeper than 4: 1
unless otherwise approved by Public Works Director.
p. 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 .
6. To the owner's agreement to the following site development considerations:
a. Single family detached lots shall provide:
i. Front Yard Setback: 10 feet
ii. Side Yard Setback : Minimum 0 feet with a 10 foot building separation
iii. Rear Yard Setback: 10 feet
iv . Minimum Lot Width: 30 feet
v. Minimum Lot Frontage: 30 feet
vi. Height: There shall be a maximum height limit of two stories with the
maximum height of 28 feet from average finished grade to the bottom of the roof
eave.
vii. Units shall be rear entry access for vehicles via alley ways
viii . Maximum lot width of 50 feet with variable lot widths encouraged .
b. At which time that 50 percent of the residential units are issued a Certificate of
Occupancy, those areas shown as commercial on the revised site plan submitted
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Monday, June 16,2014 at 6:00 pm
Page 55 of 118
on June 9, 2014, a temporary landscape plan shall be provided to the City
Arborist for approval and installation and installed within 90 days. Also at such
time, 50% of the residential units are issued a certificate of occupancy, the
sidewalk and street trees shall be installed.
c. Provide a village green on the south side of Birmingham Road that shall be a
minimum of 50 feet in width and a minimum of 11,500 square feet in area
measured according to the current setback and an additional 1,500 square feet
within the development.
d. Provide internal pedestrian trails within the MIX and AG-l districts to provide
future connection with Birmingham Park.
7. To the owner's agreement to the following architectural requirements for residential
structures:
a. Architectural elevations shall be reviewed and approved by the City Architect
prior to the issuance of a building permit. These structures shall be consistent with
consistent with the Characteristics of the Northwest Fulton Crossroads
Community (Sec 64-1150) (In the future will be referenced as the "Rural Milton
Overlay") and provide 360 degree architecture.
1. Design and architecture shall be consistent with the attached
illustrations/elevations received June 9, 2014 by the City of Milton
Community Development Department.
b. Single gable or hip front (primary) building mass with the possibility of a
subordinate secondary mass and/or a separate carriage house mass. Queen Anne
"L" shaped roof mass is acceptable. Forms should reflect importance of function,
i.e. primary mass should have taller ceilings and windows than carriage house;
fenestrations (windows and doors) should be of noble size and proportion on
pnmary mass.
c. Design should be based on Vernacular forms. See illustrations attached. I-houses
are particularly appropriate to the area. Acadian influence can be seen in local
examples (Hopewell House). Acceptable styles include Vernacular and Queen
Anne. Ornamental elements if used at all, should be used with restraint (Federal,
Greek Revival, Carpenter Gothic, and Folk Victorian).
d. Row houses should be of uniform character and finish, and aligned at the front
(The Old Bricks, Roswell). Exuberant expressions should be avoided and instead
compositions that are harmonious, beautifully proportioned and detailed should be
utilized.
e) Porch elements should face streets and public ways and spaces.
1. Porch element may also be used within the rear yard. They are usually
subordinate to the primary building mass, but sometimes are located
within the mass (Hopewell House, Hembree Farmhouse).
Regular Meeting of the Milton City Counc il
Monday , June 16,2014 at 6 :00 pm
Page 56 of 118
H. Front porches may have a wooden porch floor system and shall have an
open crawl space.
iii. Porches shall be a minimwn of eight feet in depth.
IV. Porches shall be on a majority of the front elevations.
v. Porches shall be supported on 18 " masonry piers .
f) Comer lots shall have side porches or be designed with recesses and projections
as to discourage a single plane or wall.
g) Windows and doors (fenestration) should be of vertical proportions, both in terms
of actual jamb openings and individual pane size.
I. Panes should be of similar proportions on the same building, roughly, the
Golden Mean.
II. Front doors with sidelights may be an exception. Greek revival fret
transoms and sidelights may be an exception.
111. Windows must be of similar sizes and generally not ganged.
IV. Transom windows are prohibited apart from doors, and should never be
used over windows.
v. Shutters shall be authentic, fully operable and capable of totally closing on
the window sash .
h) Chimneys should be expressed in brick or stone, external to the building mass and
centered on gables .
i) Exterior trim shall be of local historic character.
i. Authentic, flat casings (full 2x4), restoration sills, full 2x comer boards,
cornice assembly of 5/4 and 2x members, authentic sash windows with
SDL's or TDL's, solid wood posts that are chamfered, and thick lap siding
(Artisan series Hardie) are required on clapboard structures.
II. All exterior ventilation materials shall comply with the architectural
period theme for the development.
j) Wall finishes shall conform to the following.
i. Authentic Board and batten may be used on secondary masses. II. Flat
panel materials with applied batons are not allowed.
HI. Wood mold brick of reddish brown local historic color, with little
variation. Mortar may be river sand to clay in color.
IV. Wall finishes on sides of buildings seen from a public road shall be the
same on all visible sides
v. Typically, brick is used on commercial buildings and row houses, but is
also acceptable on houses as approved by the City Architect.
vi. No more than 3 different exterior wall materials.
VH . Native field stone shall be permitted.
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Monday, June 16,2014 at 6 :00 pm
Page 57 of 118
k) Poured concrete as a finish may be acceptable with permission of the City
Architect.
1) Roofs should be gabled with slopes from 6: 12 to 10: 12.
1. Materials should be shake, wood shingle, or standing seam paint grip
galvanized metal, or asphalt shingles as approved by the City Architect.
H. Half round gutters and round downspouts in paint grip galvanized metal or
unfinished aluminum.
m) Exterior light fixtures and door hardware to be industrial/rural in character or as
approved by the City Architect.
n) Landscape should be historic.
1. Plant materials should be native and/or historic. This includes boxwoods,
perennials, herbs, fragrant shrubs, and native trees.
11. Hardscape materials include gravel, brick, or crushed stone with steel,
brick, native rocks, or granite edgings.
HI. Stone walls and picket type fences should be randomly introduced, with a
mix of materials and design .
0) Prohibited materials and techniques, general : EIFS (exterior insulation finishing
systems) plastic, GBG's (grill between glass), aluminum exterior railing systems,
vinyl coated products, brick foundation that protrudes outside of the framed wall
above, direct vent fireplace systems, chimney shrouds.
p) Stove pipes of adequate size are allowed.
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 14-155 .
Councilmember Kunz seconded the motion . The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
5. Consideration ofRZ13-22 -To Amend Chapter 64, Article VII , Division 6 Northwest Fulton
Overlay District.
(Agenda Item No . 14-158)
ORDINANCE NO. 14 -06-207
(F irst Presentation at June 2, 2014 R egular City Council Mee tin g)
(Di scussed at Jun e 9,2014 City Council Work Session)
(Kathleen Field, Community Development Dir ector)
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Monday, June 16, 2014 at 6:00 pm
Page 58 of 118
Kathy Field, Community Development Director
Thank you , Mr. Mayor. We have provided for each of the text amendments a clean copy for you. And,
we have also summarized the questions and comments that came up from the work session. So , for each
text amendment, we would like to go through the discussion for that text amendment that came out of
last week's work shop. In addition, I 'm also going to be tracking per each of the text amendments the
recommendations by the Planning Commission. We did not talk about that at the last meeting so
basically , the way we, what we gave you for the clean version was the staffs recommendation so I
would like to review with you what the Planning Commission wanted and if you so desire to make an
amendment to include the Planning Commission as opposed to the staff you can certainly do that. But,
that will be sort of the process I will use. So, with the first one, which is the Northwest Fulton Overlay,
the discussion, the first discussion we had dealt with racetrack on page 5 under the allowed use chart.
The council asked staff if there was a definition for racetrack and currently there is not one in the zoning
ordinance . The use permit appears to address racetracks for both animals and vehicles so, therefore,
staff has proposed the following new definition that will be included in the definition section here and it
proposed to say as follows: Racetrack means the use of a course devoted to the racing of motor and
non-motorized vehicles or animals and all improvements normally associated with racing such as off
street parking, patron seating, concessions and a fixed racetrack. So, that definition you will see in the
definitions section of the text amendments. Secondly, there was discussion regarding whether additional
requirements for building components and fencing were too restrictive. So, we went through and below
is a list of the items that are currently included in the text amendment. And, we have them here for your
information. We left them in but we listed them so if you want to delete some of these that would be the
appropriate action. On page 7, it says, the following building component shall be prohibited; metal
gates, burglar bars, chain linked fence , metal roll down curtains. The, it goes on to say under fencing
and height , (1) in yards adjacent to an exterior street, an equestrian fence is required. (2) fences and
yards adjacent to an exterior street shall not exceed 60 inches from finished grade. (3) retaining walls
shall be constructed of block or poured concrete with natural stone , veneer, stone stucco , or brick only.
The view from the street shall provide a 360 veneer as described above. Retaining walls above 3 feet
high shall have a continuous planting of evergreens. (4) opaque fences are prohibited in yards adjacent
to an exterior street. So, that is currently how the language reads and that is how the language reads
within this proposed text amendment overlay. Then, in addition, within the Northwest Overlay, we do
have some recommendations from the Planning Commission. You all should have a little hand out, a
two page hand out, that Robyn handed out earlier tonight and in regard to the Northwest Overlay, there
are several recommendations that the Planning Commission mentioned and I would like to bring those
to your attention. On page two, it says the Planning Commission did not support staffs
recommendation to delete demolition permits from the review of the DRB based on the following: they
suggested that staff in the future provide assistant in preserving certain structures and the need to allow
the public to be aware of public demolitions. On page 5 under the chart, the Planning Commission
recommended that use permits for quarries and surface mining and racetrack be deleted entirely. On
page 7 under single family and subsequent uses, staff had recommended that barrier free housing be
incorporated whenever possible. The Planning Commission recommended the removal of this
requirement based on the opinion that the market will provide barrier free housing when there is a
demand by the public. On page 13 under commercial and non-single family type uses , staff
recommended the following: accessory structures such as out parcel buildings, accessory structure
fences and walls shall have architectural features and exterior materials consistent with the principal
building but are not required to meet the building requirements except for height. All structures shall be
subject to review by the city architect prior to the Design Review Board submittal. The Planning
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 59 of 118
Commission recommended that this be deleted so as to meet the same standards as primary structures.
On page 15, under commercial and non-single family type uses, under building and other structure
design. Accessory usage such as out parcel buildings accessory structures, fences, and walls shall have
architectural features and exterior materials consistent with the principal building and are not required to
meet the requirements listed in 64-1142. All structures shall be subject to review by the city architect
prior to the Design Review Board submittal. The Planning Commission recommended that this be
deleted so as to meet the same standards as primary structures. And, again, we see the same language
under institutional uses and again the Planning Commission recommended that this be deleted so as to
meet the same standards as primary structures. Lastly, on page 26 under institutional uses, again,
essentially the same standards were listed in that we, the staff, tried to discern between the requirements
of principal and accessory structures and again, the Planning Commission recommended that this be
deleted so the standards are the same for primary structures as for accessory structures. So, those were
the proposed recommended changes by the Planning Commission. They are not reflected in your clean
copy. They would have to be added in. Then, we also have the discussion on the racetracks and on
whether or not additional requirements for building components are too restrictive which is the original
memo that I started with . So, that is essentially where we are for your discernment.
Councilmember Kunz
I just have one question for clarification. On the section on the use permits for quarries, surface mining,
and racetrack, was the intent of that was they do not need a use permit for it or that they don't allow a
use permit, period.
Kathy Field
Right, the latter.
Councilmem ber Kunz
Okay, I was just making sure.
Councilmember Mohrig
So, under the first one on page two it says the Planning Commission could not support; are they
suggesting, did they suggest that any structure that a demolition permit would be pulled would have to
go before the DRB?
Kathy Field
Well, it currently, it does go before the DRB but it is more of an informational type and it has no teeth in
it and so the DRB has said, well, why are we reviewing these when there is no teeth in it, do they really
need to come to us? And, so the Planning Commission has taken the stand that the review process
should be beefed up by the DRB. And, we could do that. We could put conditions in. We would have
to talk to the attorneys about doing that.
Councilmember Longoria
So, Kathy, the fact that the Planning Commission mentioned four different times that we should keep the
standards the same between accessory structure and primary structures. How much do they divert from
one another? Obviously, they are safe structures to be in.
Kathy Field
Design review and, Robyn, perhaps you can also weigh in on this. I guess the best example we had was
when St. Francis high school had the gymnasium that came forward which was an accessory structure.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 60 of 118
Based on the way it is currently written, the design standards need to be the same for each. They
couldn't meet all those design standards with the window glazing and everything else that needed to be
in place and they had to come in and get a modification because it was so strict. So, the question is, we
try to be a little more flexible and say that it doesn't have to be as strict but it does have to be reviewed
by the city architect so we try to deal with some of these extenuating circumstances that we run into by
rather than having a more inflexible system to make it more flexible.
Robyn MacDonald
So, for instance, it says accessory structure as we are proposing an accessory structure such as outparcel
buildings, accessory structures, fences, and walls, shall have architectural features and exterior materials
consistent with the principal building and are not required to meet the requirements except for height,
let's say that is institutional, or commercial, all structures shall be subject to the review of the city
architect prior to design review submittal. So, it is not that they are free from anything, it is just we are
not making them do, as Kathy said, all the windows, etc.
Councilmember Mohrig
And, would a bam be considered an accessory structure? Yea, because you don't want your bam to
have to be built like a house.
Kathy Field
Correct. So, that is where you start running into the issues. It is not that we are for bad design, we just
need a little more flexibility on a case by case basis.
Councilmember Mohrig
So, instead of saying what you can't do ...
Kathy Field
Exactly, so that was our intent but obviously the Planning Commission did not agree with that.
Robyn MacDonald
So, can I just clarify barns because I know there are a lot ofbams being built and if you look at the use
chart on page 4 and then the very right hand side it says single family uses and single family homes, that
is by right in an AG-l so, if you looked at single family items there is no mention of accessory structures
because those are just going to be whatever they need to be for that single family home so we are not
going to look at it; it doesn't go to the DRB for a single family house. And, a bam is typically
associated with a primary house and there are situations, and we addressed it in the AG-l district about a
year and a half ago, having barns in the front or having riding areas, or having lights, or having covered
riding areas. So, there are certain use permits that are required for certain situations if they are kind of
odd associated with barns but we still don't review bams for architectural items.
Councilmember Mohrig
And, an accessory structure could be a gazebo?
Robyn MacDonald
Correct.
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Monday, June 16,2014 at 6:00 pm
Page 61 of 118
Councilmember Mohrig
So, it is not going to be so scripted that it has to be just like your house because a gazebo may be a
different construction, if I've got a stucco home I am probably not going to want a stucco gazebo.
Kathy Field
So, are there any proposed changes to the clean copy that you got based on the memo or the Planning
Commission comments?
Councilmember Thurman
I just have one question that is similar but not completely related. We make people put in like the
fences and I know they can even go before the BZA and get changes to fences and have to do certain
plantings, what happens if they don't keep any of this up? It may look great the day it is installed but
two years later with absolutely no maintenance, what then?
Kathy Field
The HOA's usually get involved and if they are not maintaining their structures, it could certainly be a
code enforcement issue as well and we would go and have them paint it or maintain it, etc.
Councilmember Thurman
If the plants are totally overgrown.
Councilmember Mohrig
If it is subdivision then the HOA would be responsible for it.
Councilmember Thurman
Not if it is on an exterior street they are not.
Kathy Field
The only thing I can offer to you is code enforcement if it is overgrown or the fence is broken or it needs
painting that would come under our code and we could go out there and enforce that.
Mayor Lockwood
Do we have any more questions? We probably have some public comment.
Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004
Again, thank you so much for the opportunity to address you and I appreciate all of your hard work on
our behalf. I do support the text amendments within the Northwest Fulton Overlay now referred to as
the Rural Milton Overlay but I do suggest that we include the suggestions and recommendations of the
Planning Commission. I think that they met not less than four times maybe five times; lots of folks that
you put in place. They had a lot of dialogue debated with one another and arrived at some
recommendations that seem to make a lot of sense. In terms of number one, I will just speak to the
inclusion of accessory structures. I think it is very important to many citizens that accessory structures
continue to meet the standards of the overlay. Accessory structures can end up being quite large. For
those that are inconsequential it doesn't matter but for those that are quite large this catches those
opportunities to make sure that we don't have some unintended consequences. There can always be
exceptions made, right, but if we don't have a standard in place we don't end up having an overlay that
applies to all of the structures so I would strongly urge you to please consider the Planning
Regular Meeting of the Milton City Council
Monday , June 16,2014 at 6:00 pm
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Commission's recommendation that accessory structures continue to meet the standards of the overlay .
With regards to the demolition permits, and we believe that continues to be important and that
demolition permits should continue to go to the Design Review Board primarily because this is how the
public is identified with the fact that there is even something being promoted for demolition. So , while
there may occasionally be a demolition that takes a few extra minutes of the Design Review Board , the
hope is that the historic structures that still remain , there are very few , that at least there is some public
preview and it doesn 't just happen overnight and we have had too many of those occur and I think that
the Historic Preservation Committee would concur with that. An y opportunity we have to do something
of that nature , it is important. I appreciate staffs consideration of working with the city attorne y to
come up with some more teeth so that we can do something to help protect those historic structures.
With regards to the chart , and I don't have the exact page , but the chart that Mrs. Field referred to
because there were different changes it is unclear to me which are in and which are out. So, I will just
make this statement; categorically it would seem that racetracks, particularly motorized racetracks,
really have no business in Milton, as a racetrack per se, NASCAR is great to watch I just don 't know
that many citizens in Milton would hope for a racetrack in our community. With regards to quarries and
surface mining , there again, the intensity of that use would not seem to be appropriate so we would
support the removal of quarries and surface mining and I believe that the Planning Commission had
recommended that. The other thing, and it is unclear to me whether or not landfill and solid waste still
remains in the commercial category . It would seem that it either needs to be removed in its entirely or at
least put into the industrial category. On 140 , the landfill that exists there, it is large. It is not attractive
and I don 't know any citizen that would hope for more of that. At a minimum, I would suggest that it
either be removed in its entirety or at least that be put into the industrial category . Again , these uses are
more intense than what would be appropriate for Milton as you have defined it as we all have defined it
as citizens. This is a great time to clean up that chart and ensure that it reflects what Milton intends to
be and what we have defined ourselves to be already . At the recent work session on June 9th when you
guys first had a discussion about this, following the meeting I did mention to Mrs . Field that what struck
me for the first time and I hadn 't thought about it before June 9th was that accessory structures don 't
currently seem to have a square footage parameter. And , I don 't know what that right square footage
would be but we do have within the Northwest Fulton Overlay within the Birmingham Crossroads, we
have certain confinements that say no one building, commercial building, is going to be greater than
25,000 square feet so it strikes me as unusual that we wouldn't have a limitation on accessory structures.
So, I would just leave it in your able hands to at least address whether or not some sort of size parameter
would make sense for accessory structures within commercial structures it is based on if a parcel is of X
acreage a building can't be larger than X and I would suggest for accessory structures the same would be
appropriate. Regarding the night sky, we spoke to the importance of night sky with the Birmingham
Crossroads. We would speak to it again here. I don't believe that in the upfront preamble there is a
statement about the importance of protecting our night sky and yet I think that it is a value statement that
we have as a city. So, I would ask that be incorporated either at the very beginning or at the very end of
the document just noting that the night sky continues to be an important value that we value within the
Northwest Fulton Overlay soon to be called the Rural Overlay . I have a couple of other comments but I
think they are probably more appropriate when you talk about art studios and the additional special use
permits. I 'll just state it here if it is not appropriate I will restate it at the necessary time but as you look
at the addition of art studios and/or other AG-1 uses , I would just ask that you consider making sure that
these don't have an unintended consequence. I know at the work session there was some discussion
about removing any reference to the number of employees. I just ask that you be cautious because when
it applies and it is meant to be small it won 't be an issue, right , but if you don 't have any parameters
there could be some unintended consequences where you end up with a much larger kind of
manufacturing facility under the premise that it is being constructed there. I don't think that would be
Regular Meeting of the Milton City Council
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Page 63 of 118
the intent so I think we have an opportunity to kind of just maybe manage a bit more about what your
intent is and how that would be languaged. But, as it relates directly to the Northwest Fulton Overlay,
we do support the work of staff and the Planning Commission but believe that the Plmming Conunission
reconunendations came with a lot of hard work of those people that you put in place and we would ask
that you support their reconunendations. Thank you so much.
City Clerk Gordon read the following comment in support:
Curtis Mill, 16355 Birmingham Highway, Milton, Georgia 30004.
I am very sorry that I had to leave. I wanted to request that we dignify the intention of adhering to the
existing night sky ordinance. This will become much more important as development marches on.
Thank you. Curtis
Jeff Runner, 13895 Hopewe)) Road, Milton, Georgia 30004
I'm sure no one is surprised that I am in opposition. A couple of things; I was a little surprised by a few
things that were said tonight. I don't agree with any of the removal of any uses. You have the right to
turn down the use if someone requests it but if someone comes up with a real good plan for a quarry and
it is not one of the use permits then they go through a real hassle to try to get it approved. It is much
easier to have it already in there and tum it down than to not have it in there and try to get it in. As far
as demo permits, I for the life of me can't even figure out why you have to get a permit. If I want to tear
down a building, why can't I just tear down a building? Why does the public have to have input into
what I am doing with my building. If! want to tear my bam down, you don't own my bam, if! want to
tear it down that should be my right. I shouldn't have to come to several conunittees and several
meetings and pay hundreds and thousands of dollars in fees to tear down my bam so; obviously, I am in
opposition to that. I also want to remind you that right now the bam is an accessory structure in most
cases but not always. If you are not building it with its own standalone land, it is not an accessory
structure so it has to comply with the overlay under those rules. There are a few things that have
concerned me about Milton since its founding. I think we have gone beyond what Milton was meant to
be. The first one is the tree ordinance. I no longer own my trees and can't control what I do with my
trees. I did not buy into a subdivision for a reason. You understand that when you buy into a
subdivision and there are all sorts of restrictive ordinances; restrictive covenants. But, I bought land,
open land in many cases and now I can't do anything with my trees without permission. I've got to
come in take off work meet somebody out there. I've got a dead tree. I've got to prove to them it is
dead. Then, I have to go back at some other point when I have time and cut the tree down. It used to be
I just cut it down. If I want to repair my roof, I've got to come in and get a permit. Then, I have to meet
the inspector out there after I have tom off a section or had the contractor tear off a section of my roof to
prove that I am putting a roof down on sound material. Then, he leaves and I do the rest of the roof.
I'm not sure what the point of this is other than to generate revenue for the city. It certainly isn't doing
anything for me or my roof. The trail fund; I want to divide some land and give it to my daughter. Let's
go through a hypothetical situation. I want to give a couple of acres to my daughter to build a house on,
on my 30 acre parcel. I have to pay $62,000 into the trail fund so that she can do it. Now, I have to
comply with the overlay. It has to sit back, my land I assume and I don't know what a rural view shed is
but I assume that means my pastures, so now I have to provide where everyone can see, continue to see,
my land, my pastures, my barns, that were built with my money so they can enjoy it. I'm not sure where
this is all going but with this overlay it is becoming more and more like a restrictive covenant that you
would see in a subdivision than what we thought we were getting when we bought land out in Milton
which, by the way, was unincorporated Fulton County when we bought it. Thank you.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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Mayor Lockwood
Thank you. Are those all the public comments? Okay, I will close the public hearing and open it back
up to council. Are there any questions or clarifications?
Councilmember Thurman
I just have one question. On this chart it says that bed and breakfasts are only commercial type uses and
I know I have a notice for a rezoning for a four bedroom bed and breakfast which is smaller than a lot of
houses in Milton so I guess if it is only allowed a commercial use do they just have to get a use permit if
it is going into single family or agriculture or how is all that. ..
Robyn MacDonald
So, basically I created this use chart, no, it is not that it goes into commercial, it is still a permitted use
per the use permit and it is allowed in AG-I but what it is doing is we are looking at a use that could
tend to be commercial in the sense that there are different categories in the Northwest or now the Rural
Milton so my first category was single family. The second one was non-residential/commercial. Then,
there is institutional. And, so, it goes under the commercial which it would come under the
requirements of a lot more architectural review, the fencing, the setbacks, there are various things. So, it
is not that it has to be in a commercial zoning. These are categorizing the different requirements of the
overlay.
Councilmember Thurman
If you have a bed and breakfast in a house that was a single family house, why do you have to jump
through all the hoops as if it was a commercial building other than to get the use permit for it?
Robyn MacDonald
In that sense, in that instance it is going to come before you. It is very rural, it is on 80 acres, it is only
four bedrooms but that is not to say there wouldn't be another bed and breakfast that is on five acres and
it is a bigger house and it is more intrusive so ...
Councilmember Thurman
To me, with our use permit we ought to be able to dictate which of the restrictive buckets it needs to go
in rather than just saying automatically, the average house in Milton is more than four bedrooms
probably, so it just seems like that my theory is that we are getting a little heavy handed in telling people
what they can and can't do all the time and what they have to do and it concerns me a little bit that we
have lost a lot of our property rights in trying to be a little bit too restrictive . You want to make sure
you've got it so that what you do at your house doesn't negatively affect somebody else's or one of your
neighbors. I completely understand that. I wouldn't want my neighbor painting their house purple but
at the same time you don't want everything to look like it is all cookie cutter either. You want to give
people some creativity and it is their property.
Robyn MacDonald
The council can change the chart around. That is your prerogative.
Councilmember Thurman
Do we have on here all the changes that have been made for us to review or just the clean copy because
all I have seen is a clean copy?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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Robyn MacDonald
The previous from the work session you have that there. You have to go back to the work session. So,
what we did is that we took the comments from the work session, there weren't that many changes,
incorporated those changes and then created a clean copy. So, if you go back to the work session
version that is the red lined.
Councilmember Kunz
I am looking at the Planning Commission stuff and there is the removal of the barrier free housing, page
7,64-1141-4. Of course, the definitions as well, I agree with that. I don't agree with the deleting of all
the things that we recommended that it go to approval by the city architect. For the reasons that Karen is
talking about, basically, we don't want to be too heavy handed on this stuff. We want to make sure that
we are allowing for the creativity of our people as well but we want to make sure that there is at least a
process for review that we can determine that. If we stifle that creativity, of that which is best within us,
but we need to have a process by which that comes before us and I think that is important. So, I don't
agree with the Planning Commission recommendations on 64-1142, 64-1142-6-7 and 5 and 64-1143-5
and 64-1143-6. But, I can understand the barrier free housing and I can also understand too that if
someone comes before us with a permit for a quarry, I think that would be an unusual case but at least
they come before us for a permit for that then we can deny but we still don't know what the creativity of
someone might bring before us and still I am hesitant of just denying it all together because that lacks
vision on our part if we do that. As far as the demolition permits, I can understand a need for that at
some point depending on the structure that is there, people's property values can't be determined by
what is surrounded by their neighbors, I understand that right, if there is a process that isn't too
expensive. I don't think that costs $100,000 but I think there is a process by which that could be coming
forward especially from a historical preservation. I can understand adding a little bit of teeth into that
one. That is the only one I would agree with the Planning Commission on. Those are my comments.
Councilmember Hewitt
I agree with Matt on most of his comments.
Mayor Lockwood
Do you want to say the ones you don't?
Councilmember Longoria
I was just thinking that something that the Planning Commission commented four times on probably
deserved a second consideration so part of what Matt said I would agree with but I also understand that
sometimes we have rules and regulations because even though we are neighbors we can't agree on
anything and so it might not be a perfect solution but trying to help people with regards to what they can
and can't do in an effort to keep the peace I think is a good thing.
Mayor Lockwood
Anybody else? Comments or a motion?
Councilmember Longoria
Well, I will try Mayor. I move to approve RZ 13-22 to amend Chapter 64 Article 7 Division 6
Northwest Fulton Overlay District. Agenda Item Number 14-158. I don't think I have to reference what
was in that handout, right, because that was already incorporated into what we saw?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
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Robyn MacDonald
If you could just step through what you would like to keep or to not keep as far as; kind of like what
Commissioner Kunz did. I'm sorry, Councilmember. It's late, sorry.
Councilmember Longoria
That's okay. That's okay. With the changes as suggested in the proposed or no I'm not going to say
that. Alright, I am going to withdraw my motion.
Councilmember Kunz
Okay, I will make a motion. I'll make a motion that we approve the consideration ofRZ13-22 with the
recommendations by the Planning Commission for the change of section 64-1120 0 xi. Do I have to
read this?
Robyn MacDonald
No, you don't have to read that.
Councilmember Kunz
And, section 64-1141 (4A) -single family and subsequent uses regarding barrier free housing, and
definitions RZ 14-0 1.
Robyn MacDonald
That is a different one. You have to stop there.
Councilmember Kunz
Okay, I'm sorry. Minus that and that's it.
Robyn MacDonald
So , just to be clear so everybody knows we are on the same sheet of paper. So, the other references to
the accessory structures, you are not going along with, your proposal is not to be in agreement with the
Planning Commission, correct?
Councilmember Kunz
I am not in agreement with their comments on Section 64-1121; Section 64-1142 (6); 61; 64-1142 (7);
64-1143 (5) or 64-1143 (6).
Councilmember Longoria
You said 64-1141 but I don't think you meant that.
Councilmember Kunz
No, I did not mean that one. You are right. That is okay.
Robyn MacDonald
And, you want to keep the use permits, correct?
Councilmember Kunz
I want to keep the use; I want to keep the yes.
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Councilmember Mohrig
So, are you keeping, Matt are you keeping it where you still are deleting quarries and surface mining or
were you saying allow that to come forward?
Councilmember Kunz
Allowing that to come before us.
Councilmember Mohrig
So, allow that ...
Councilmember Thurman
With a use permit.
Councilmember Kunz
With a use permit
Councilmember Mohrig
With a use permit so it would come before a review. So , we are not saying delete it.
Councilmember Kunz
Exactly.
Councilmember Mohrig
And, we are going with what staff said , words repeated like four times , so it doesn't have to match up
with the actual structure but it still would be reviewed.
Councilmember Kunz
So , do you want to relay back my motion to me to make sure we got it right?
Robyn MacDonald
I think it is fine. It just wanted to make sure we clarified it.
Mayor Lockwood
Are you clear on it?
Councilmember Kunz
Read it back to me just to make sure we got it right if you don't mind, please.
Robyn MacDonald
Councilmember Kunz makes a recommendation to approve RZ13-22 as recommended by staff with the
exception to page 2, section 64-1120 (d) (xi) that we want to include the Planning Commission
recommendation for that section. The motion also adds putting back into it page 7, section 64-1141 (4a)
single family regarding barrier free housing, i.e. to delete that as it currently sits in it right now. That is
it and everything else remains the same.
Councilmember Kunz
Right.
Regular Meeting of the Milton City Council
Monday , June 16,2014 at 6:00 pm
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Mayor Lockwood
Do I have a second?
Councilmember Hewitt
Yes.
DIVISION 6. RURAL MILTON OVERLAY ZONING DISTRICT
Subdivision I. -In General
Sec. 64-1119. Purpose and intent.
(a) The Rural Milton Overlay District including Bimiingham Crossroads applies to all properties
within the boundaries of the city as described in the attached map. The mayor and city council finds that
historic rural areas and their scenic surroundings are important cultural, recreation and economic assets
critical to the public's long-term interest and hereby declares it to be the purpose of this division to
recognize and to establish a procedure to protect and plan for the city's crossroads communities. The
intent of this division is:
(1) To develop guidelines for the preservation and perpetuation of a rural crossroads community
which includes Birmingham Crossroads, agricultural related uses, residential development and existing
commercial zoning districts within the Overlay District based on the descri ption and analysis of their
setting;
(2) To preserve the integrity of the area, which developed during the late 19th century and early 20th
century, through architectural design interpretation and application;
(3) To preserve and protect the rural, agrarian and equestrian character of crossroads communities
and their surrounding areas;
(4) To preserve and to ensure the harmony and compatibility of the character of the area including
its physical appearance, natural setting and informal landscaping especially along the rural viewsheds,
including the implementation of the Milton Trail Plan;
(5) To be aware and respectful of the environment's natural resources and visual qualities;
(6) To preserve open space;
(7) To preserve, encourage and promote, through the built environment, the sense of place, the sense
of ownership, the sense of identity, the sense of evolution and the sense of community present in the
area;
(8) To ensure existing design characteristics of the crossroads and surrounding areas serve as a
standard against which plans for new construction will be judged for harmony compatibility and
appropriateness;
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(9) To encourage and ensure that development that is contemporary in design and materials
compliments and is compatible and sensitive with the existing character of the area through its
proportion, scale, design, style, placement, position and architectural qualities;
(10) To develop a community setting that has individuality and is unique and does not imitate
building types or styles unrelated to these crossroads community;
(11) To provide for the construction of buildings and spaces that is human in scale, welcoming and
approachable;
(12) To encourage containment of existing commercial areas, to provide for transition between
commercial areas and residential areas and discourage encroachment of the commercial areas into the
residential areas; and
(13) To promote sustainable development.
(b) This division is adopted as part of a strategy designed for the purpose, among others, of
preserving and protecting these areas and enhancing their important aesthetic appearance through
regulatory measures, while advancing community development goals, promoting economic development
and substantially protecting and promoting health, safety, order, prosperity and general welfare of the
city's citizens.
(c) Included within the scope are regulations governing the location of buildings on the site, the
design and material of buildings and other structures, landscaping and screening provisions, pedestrian
circulation and other items. Whenever provisions in this division conflict with any other articles in this
zoning ordinance, or other city ordinances, or regulations, the stricter of the two provisions shall prevail.
Sec. 64-1120. Design review board.
(a) Composition. The City of Milton Design Review Board (ORB) shall consist of a seven-member
board of residents, land owners, business owners, professional architects or land planners, who either
maintain primary residences or businesses or own land in the city.
(b) Appointment; term. Members of the city design review board shall be nominated by the mayor
and district councilperson and approved by the city council. Members shall serve concurrently with the
mayor and council's terms.
(c) Elections; meetings. Members of the city design review board will elect a chairman and a vice
chairman. Meetings will be conducted in accordance with the latest edition of Robert's Rules of Order.
(d) Review; recommendations. The city design review board shall review for compliance with the
standards herein and shall make recommendations to the community development department prior to
the approval for the following:
I. building permits for commercial structures;
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Monday, June 16 , 2014 at 6:00 pm
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11. building penn its for office structures;
lli. building pennits for institutional structures;
IV . building pennits for multi-family residential dwelling units;
v. building penn its for townhouse, duplex, triplex , quadplex dwelling units;
V1. building pennits for accessory structures
Vll land disturbance pennits except for single family residential;
Vll1. primary variance requests;
IX. rezoning requests;
x . use pennit requests ;
xi . demolition penn its.
Sec. 64-1121 -Allowed Use Chart -The following chart identifies uses and their assigned categories.
These uses are allowed by right (with asterisks) or required by use pennit. It is the intent that some types
of uses must comply with certain development standards outlined in the Rural Milton Overlay District.
Commercial Type Agricultural Type Institutional Type Non Single Single Family
Uses Uses Family Uses Uses
Uses
Aircraft Landing Agricultural Assisted living, Apartments Single Family
Area related activities personal care homes*
home
Amphitheatre Artist Studio Daycares related to Country Inn Accessory
church/school structures to the
SFR*
Bed and Breakfast Barns or riding Medical lodging, TownhouseslTwo Senior Housing
areas* group residences family (SFR)
Driving Range Cemetery &
Mausoleum
Museums Senior Housing
(MFR)
Mobile homes,
accessory dwelling
(To be used as
temporary
dwelling while
permanent
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structure is built.)
Exotic or Wild
Animals
Composting Places of worship Group residence
for 5-8 children
Festivals or
Events,
outdoor/indoor
Equine garment
fabrication
Schools,
private/special
Greenhouses
Hydroponic,
larger than 5,000
square feet*
Greenhouses*
Commercial
Type Uses
Agricultural
Type Uses
Institutional
Type Uses
Non Single
Family Uses
Single Family
Uses
Group residence
for 9-15 children
Lodge, retreat, or
campground
Kennel * Quarries &
Surface Mining
Landfill, inert
waste disposal
Roadside
Stands*
Landfill, solid
waste
Rural or
Agricultural
Event Facility
Landscape
Business
Medical Related
Lodging
Race Track
Recreational
Fields
Self
Storage/multi
Sky Walk
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Stadium (off
site) associated
with private
school
Uses within the
C-1, C-2, 0-1
Zoning Districts*
Veterinary,
Veterinary
hospital*
*Allowed by
right within
zoning district.
Secs. 64-1122-64-1139. Reserved.
Subdivision II. Development Standards
Sec. 64-1140. Established.
This subdivision establishes standards for elements of the overall site and of the buildings which affect
the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale,
setback, parking, building design, building material, building components, signs, and color.
Sec. 64-1141 -Single Family Type Uses.
(1) Landscaping.
a. Rural Viewshed
1. Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback
for single family lots adjacent to exterior streets. Where sparsely vegetated , replant the
undisturbed buffer in a natural fashion, per the approval of the City Arborist. Submit landscape
plan to Arborist for the preservation of the rural view shed.
11. For structures located on lots adjacent to a rural viewshed, architectural elevations shall
be reviewed and approved by the City Architect prior to the issuance of a building permit. These
structures shall be designed with 360 degree architecture and shall meet the intent of Section 64
1155.
b. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
c. No removal of protected trees (Chapter 60 , Article II) is permitted on the site prior to the
issuance of a land disturbance permit, building permit, development clearing permit, or tree
removal permit.
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(2) Stonnwater management facilities
a. All facilities shall be in compliance with the Stonnwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look .
c. Stonnwater better site designs and nonstructural stonnwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared stonnwater management facilities are encouraged.
(3) Height.
a. There shall be a maximum height limit of two stories with the maximum height of28
feet from average finished grade to the bottom of the roof eave.
(4) Lot Coverage.
a. Lot coverage shall not exceed 20 percent for each individual lot except those lots within
the Binningham Crossroads Overlay District.
(5) Prohibited building components.
a. The following building components shall be prohibited: metal gates, burglar bars, chain
link fence, metal roll down curtains.
(6). Fencing and height.
a. In yards adjacent to an exterior street an equestrian fence is required.
b. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished
grade.
c. Retaining walls shall be constructed of block or poured concrete with natural stone
veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer
as described above . Retaining walls above three feet high shall have a continuous planting of
evergreens.
d. Opaque fences are prohibited in yards adjacent to an exterior street.
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Sec 64-1142 Requirements for Commercial and Non Single-Family Type Uses
(1 ) Landscaping.
On property with commercial or non-single family type uses, thereon, landscaping should be compatible
in form, style and design with the natural setting and informal landscaping present in the area and on the
site before development. Landscaping should also be used as a buffer to screen a development from
adjacent residential and agricultural uses. In addition, such property shall comply with the following:
a. Streetscape and landscape strips.
1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The
ten-foot-wide strip shall be planted with a minimum 2Y2 inches to three inches caliper hardwood
over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be
developed either (see section 64-1142(2) b. for additional landscape and screening
requirements) :
I. With hardscape elements such as plazas, planters, benches, fountains and tables in
addition to the required hardwood trees; or
11. With landscape elements consisting of 60 percent coverage in trees and shrubs
and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and
the city tree protection ordinance (chapter 60); or
Ill. With a combination of both landscape and hardscape elements.
2. Cluster planting is encouraged, however at a minimum, trees shall be planted in the
center of the landscape strip at a maximum distance of every 20 feet on average. Street trees are
required to be planted at 1 per 30 feet. They may be planted in clusters per the City Arborist.
3. Specimen trees, as descri bed in the city tree protection ordinance (chapter 60), located
within the minimum front yard shall be preserved.
4. A strip shall be planted with grass or sod between the back of curb or swale and the
sidewalk or the Milton Trail per the applicable city code.
b. Parking lot landscape islands.
1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay.
2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or
90 feet of single row length of parking spaces.
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3. Landscape islands shall include one over-story shade tree per 180 square feet of
landscape island area.
4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern
and rectilinear layout.
c. Landscape buffers
1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening
design, with a ten-foot improvement setback, shall be located adjacent to all AG-I zoning
districts and all property zoned, used, or developed for residential uses.
2. For sites on more than four acres , a 75-foot-wide undisturbed buffer or alternative
screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-I
zoning districts and all property zoned, used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species shall be used.
d. Property owners are encouraged to develop a green space for recreation and public enjoyment.
e. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
f. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the
issuance of a land disturbance permit, building permit, development clearing permit, or tree
removal permit.
(2) Screening and fencing.
Landscaping and fencing materials on property with commercial or non-single family uses thereon,
should be used to minimize visual and noise impact of parking, loading areas, detention ponds,
stormwater management facilities, and accessory site features as set forth herein.
a. All loading spaces shall be screened from view of any public street by either:
1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or
2. Incorporated into the principal building.
Shrubs shall be moderately growing, be a minimum height of 3 Yz to four feet at time of planting, and
reach a height of six feet within two years of planting.
b. All parking lots shall be screened from view of any public street by a 15-foot-wide landscape
strip planted to buffer standards.
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Plants shall be a minimum height of 3 ~ to four feet at time of planting, and such plants shall reach a
height of six feet within two years of planting (see section 64-1142 (1) a.) for additional landscape and
screening requirements).
c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets , and
shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be
constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher
than what is contained in the interior. The door enclosing the refuse area shall be constructed out of an
opaque non-combustible material and appearance must be consistent with the prevailing architecture.
d . Accessory site features , as defined in each zoning district of this zoning ordinance, shall be
placed in the least v isible location from public streets, and shall be screened from view of any right-of
way or any property zoned , used , or developed for residential uses , including the AG-I zoning district ,
by one of the following means:
I. Placement behind the principle building; or
2. Erection of a 100 percent opaque fencing, around the entire accessory structure which
must be constructed of the same type of exterior material used for the building; or
3 . By a vegetative screening, which shall consist of evergreen shrubs, be 3~ to four feet at
time of planting, and reach a height of six feet within two years of planting.
e. Drive-throughs are prohibited.
(3) Stonnwater management facilities
a. All facilities shall be in compliance with the Stonnwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stonnwater better site designs and nonstructural stonnwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
e . Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared stonnwater management facilities is encouraged.
(4) Fencing and height.
a. In yards adjacent to an exterior street an equestrian fence is required .
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b. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade.
c. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or
solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as
described above. Retaining walls above three feet high shall have a continuous planting of evergreens.
d. Opaque fences are prohibited in yards adjacent to a public street.
(4) Pedestrian safety
Construction of sidewalks and pedestrian amenities on property with commercial or non-single family
uses thereon should encourage and promote walking to a development and within a development. The
placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the
City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed
along public road frontages and at least a five-foot landscape strip shall be planted between the roadway
or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the
back of curb the maximwn distance allowable within the right-of-way.
a. Mandatory requirements; pedestrian path design standards.
1. Proposed developments shall have a pedestrian network.
2. Paths shall comply with any applicable Americans with Disabilities Act standards for
slope, width, texture, level differences, and ramps.
3. Paths shall be a minimum of five feet in width.
4. Paths shall be clearly identified through painting, signage and texture change.
5. In order to facilitate travel, paths shall not be obstructed by any object or structure.
6 . Paths shall be designed to minimize direct auto-pedestrian interaction.
7. Paths shall be connected to signalized crosswalks, where applicable.
8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and
destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted landscape features.
Meandering sidewalks are discouraged.
9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the
street to the main entrance of the principal use of the property.
10. Pedestrian paths shall be colored and/or textured walkways or sidewalks.
b. Encouraged elements; pedestrian paths and public spaces.
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1. To increase safety, grade separation is encouraged between pedestrian paths and motor
vehicle access areas.
2. Paths are encouraged to be built alongside interesting and inviting features. Street
furniture is encouraged to be located adjacent to any path. Street furniture includes, but is
not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish
receptacles, and ganged mailboxes.
3. Community public spaces that promote gathering and have a park like design with
streetscape and hardscape elements are encouraged.
4. Paths are allowed to perpendicularly cross landscape strips.
5. Granite curbing is preferred over other types of curbing.
(5) Site lighting for parking lots, pedestrian paths and public entrances.
Lighting on property with commercial or non-single family uses thereon should be compatible with the
rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for
safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II,
Division 7).
a. Parking lot lighting shall meet the following minimum standards:
I. Light poles shall not exceed a height of20 feet from finished grade.
H. Light poles shall not be allowed in tree islands.
HI. Bases of light poles shall be compatible with the design of the primary building.
IV. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall
be cut off at 75 degrees.
v. Light pole arm styles shall be either Shepherd's Crook or Acorn.
b. Pedestrian lighting shall meet the following minimum standards:
I. Light poles shall not exceed a height of 15 feet from finished grade.
II. Light pole styles shall be either Shepard's Crook or Acorn.
c. Light poles shall include a taper, either in their transition downward from post to decorative shaft
(base), or upward to ballast housing, or both.
d. Shoe box and cobra styles are prohibited for light poles.
e. Building-mounted lighting fixtures shall have a 45 degree light cutoff.
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f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a
historic style.
g. Neon lighting is prohibited.
h. Light housings and posts shall be a dark color/material and be nonreflective.
I. Exterior lighting shall not exceed two-foot candles.
(6) Building size, orientation, setback, height, scale and parking.
The design and layout of a commercial or non-single family development should build upon and
complement the design of crossroads communities as opposed to creating a new one . The size,
orientation, setback and scale of buildings are integral elements of crossroads communities. A building's
orientation and placement should complement and relate to adjacent buildings, structures and properties.
The placement of buildings should create an informal grouping and relationship between them as
opposed to being orderly and uniform. The location of a building should take into consideration its rural
surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in
proportion, in scale and characteristic to their rural and natural setting. The building design and material
should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be
minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings,
accessory structures, fences and walls shall have architectural features and exterior materials consistent
with the principal building and are not required to meet the requirements except for height listed in Sec
64-1142 (6). All structures shall be subject to review by the City Architect prior to Design Review
Board submittal. Such developments shall comply with the following.
a. Building Size.
I. On a development of four acres or less, the maximum building size shall be 20,000
square feet. If two or more buildings are built, the total size of all buildings shall not exceed
25,000 square feet, no single one of which shall exceed 15,000 square feet.
11. On developments larger than four acres, the maximum building size shall be 25,000
square feet.
111. A group of two or more buildings that share at least one contiguous wall will be
considered as one building.
b. Orientation.
I. Buildings shall be oriented to a public street. An entrance to a building should be located
on the side of the building facing a public street.
11. Accessory structures shall be located so as to be least visible from a public street position
and shall conform to the setbacks for the district standards.
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Ill. Driveways shall be perpendicular to the street.
c. Setbacks.
I. For all property and lots located adjacent to public rights-of-way and 400 feet or less
from an intersection, buildings except for accessory structures shall be setback no more than 20
feet from the edge of the required landscape strip or easements. This 20-foot front yard area may
be developed with a combination of landscape and hardscape elements, such as plazas, fountains,
benches, and tables. Additional shade tree plantings are encouraged within public gathering
places and alongside pedestrian paths . Buildings shall have varying setbacks to create the
informal crossroads community setting.
II. For all property and lots located adjacent to public rights-of-way and more than 400 feet
from an intersection, buildings except for accessory structures shall be set back no more than 30
feet from the edge of the required landscape strip or easements. This 30-foot front yard area may
be developed with a combination of landscaping and hardscape elements, such as plazas,
fountains, benches, and tables . Additional shade tree plantings are encouraged within public
gathering places and alongside pedestrian paths.
Ill. Buildings within a development shall have a minimum 20-foot separation between
buildings. This area shall be developed as greenspace or with a combination of hardscape and
landscaping.
IV. If a building in a development cannot front a public street and meet the requirements of
this article because other buildings are located there and no more space is available along the
public street, then the building can front on an internal street in the development. The standards
in this article regulating a building'S position and relation to the street apply to a building
fronting an internal street. The internal streets will also have to meet the standards specified for
the public right-of-way, including landscape and streetscape requirements.
d. Height.
I. Maximum building height shall be two stories with the maximum height of 30 feet from
average finished grade to the bottom of the roof eave.
e. Scale .
F or every 80 feet of building length on a single face, there shall be variation in the exterior or as
approved by the City Architect accomplished through the following means:
I. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by
a minimum of ten feet. Overhangs and roof lines shall follow the building'S location.
11. For each 80 feet of building exterior wall, there shall be a change in details , or patterns or
materials.
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f. Parking.
1. Parking shall be shared among users within a common development. Parking shall be
reduced according to the shared parking standards established in section 64-1411. Additional
reduction in the number of parking spaces is encouraged.
11. All parking spaces built in excess of the minimum number required by the city zoning
ordinance, shall be constructed of pervious material.
111. No on-site parking shall be located to the front of a building or between a building and
the public right-of-way (see section 64-1141 (2)a.) regarding landscaping if parking is in view
from the right-of-way). Parking shall be located adjacent to internal streets , not a public right-of
way.
IV. If an internal street is developed for use by the general public, one row of parallel or
diagonal parking is allowed between the street and the curb.
(7) Building and other structure design.
Construction of buildings in styles and types not found in Milton shall be avoided. Modem style using
traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged.
Exaggerated or excessively large or small architectural elements should be avoided. Elements should be
in proportion with the overall building. In addition, buildings should reflect a specific style and not mix
elements of different styles. The design and architectural elements of the buildings should be compatible
to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a
pattern of rural development called "crossroads communities." Residences are constructed at the edge of
these crossroads communities. The overlay district seeks to replicate this pattern by having future
nonresidential construction, built within 400 feet from the edge of the right-of-way of an intersection,
include elements of the historic commercial buildings, and nonresidential buildings, constructed over
400 feet from the edge of right-of-way of an intersection, include elements of the historic residential
buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall
have architectural features and exterior materials consistent with the principal building and are not
required to meet the requirements listed in Sec 64-1142 (7). All structures shall be subject to review by
the City Architect prior to Design Review Board submittal. With the foregoing purposes in mind,
buildings and structures on property with a commercial or non-single family use thereon, shall comply
with the following:
a. Building design.
1. All buildings constructed within 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant commercial building
types (see section 64-1150).
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II. All buildings constructed over 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant residential building
types (see section 64-1150).
b. Building material.
1. At least 80 percent of exterior walls shall consist of one or a combination of the
following materials: horizontal clapboard siding; brick; and stone or as approved by the City
Architect. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be
hand molded or tumbled to create the appearance of old brick.
II. No more than 20 percent of any exterior wall may consist of glass, architecturally treated,
precast stone. All shall have a natural appearance or a historic appearance or as approved by the
City Architect.
111. Exterior building walls shall not consist of metal panel systems, ascast smooth concrete
masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass ,
press-wood or corrugated steel. Exceptions are: mechanical penthouses and roof screens).
c. Roof.
1. Roofs shall be gable, pyramidal, or hip style. Shed roofs are permitted over porches,
additions, and accessory structures. Roof pitches shall be between 8 over 12 and 12 over 12,
inclusive or as approved by the City Architect.
II. Roof material shall be made out of the following materials: asphalt shingle, wood
shingle, wood shake, or standing seam metal.
111. Buildings with a minimum gross square footage of 15,000 square feet may have a lower
pitched roof if they meet all of the following standards:
1. A decorative parapet or cornice is constructed along all roof lines with a lower
pitch than specified in subsection (c) i. of this section.
2. Rooftop equipment is screened from public view from all adjacent public streets.
IV. Mansard roofs are not permitted.
d. Windows.
1. Buildings shall have a ratio of openings (e.g., windows and doors) to solids from 30
percent to 50 percent, inclusive of the building exterior or as approved by the City
Architect.
II. For wall sections greater than ten feet wide:
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1. No one window shall exceed 32 square feet. No grouping of windows shall
exceed 100 square feet or as approved by the City Architect.
2. Windows on the side of the building with the principal or main entrance shall
have a maximum distance between windows not to exceed one window width or
as approved by the City Architect.
3 . Windows on the building's side and rear shall have a maximum distance between
windows not to exceed two window widths.
4. Windowsills shall be placed a minimum of two feet above finished grade.
111. A minimum of 80 percent of windows on each exterior wall shall have a vertical
orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to
one (width) or as approved by the City Architect.
IV. Window types shall include one or a combination of the following types: double-hung
sash window with 211,311,2/2,4/4,6/6, and 9/9 lights, casement windows and fixed windows or
as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip
ins is prohibited.
v. If located on a comer lot, all of the exterior building walls facing a public street shall
continue the same window arrangements as the side with the principal entrance.
VI. If windows are paired or grouped in larger numbers, windows shall have divided lights of
211 or more.
e. Doors.
1. Doors used as entryways by the public are limited to the following types:
1. Wood or simulated solid wood door with raised panels.
2. Wood or simulated wood door with raised panels on the bottom half and glass on
the top half.
3. Glass door with divided lights.
II. Flush panel doors are prohibited as exterior doors.
f. Architectural features. Architectural details are encouraged to create variety, visual interest, and
texture on new buildings.
I. Main entrances shall include a minimum of two of the following elements:
1. Decorative columns or posts;
2. Pediments;
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3. Arches;
4. Brackets;
5. Transoms over doorways;
6. Sidelights;
7. Porticos; or
8. Recesses/projections.
II. If used, shutters shall be operable and fit the size of the window.
III. If roof dormers are present and they have windows, then the windows shall be glazed.
g. Prohibited building components. The following building components shall be prohibited : steel
gates, burglar bars, chain link fence, steel roll down curtains.
(8) Building colors.
All aspects of a commercial or non-single family development should use colors common in the area
and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates
sensitivity to its natural surroundings.
a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate
high intensity colors shall be avoided.
b. Acceptable colors are listed in section 64-1144.
Sec 64-1143 Requirements for Institutional Type Uses
(1) Landscaping.
On property with institutional uses thereon, landscaping should be compatible in form, style and design
with the natural setting and informal landscaping present in the area and on the site before development.
Landscaping should also be used as a buffer to screen a development from adjacent residential and
agricultural uses. In addition, such properties shall comply with the following:
a. Streetscape and landscape strips.
1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The
ten-foot-wide strip shall be planted with a minimum 2Y2 inches to three inches caliper hardwood
over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be
developed either (see section 64-1142(2) b. for additional landscape and screening
requirements):
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1. With hardscape elements such as plazas, planters, benches, fountains and tables in
addition to the required hardwood trees; or
ll. With landscape elements consisting of 60 percent coverage in trees and shrubs
and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and
the city tree protection ordinance (chapter 60); or
lll. With a combination of both landscape and hardscape elements.
2. Cluster planting is encouraged, however, at a minimum trees shall be planted in the
center of the landscape strip at a maximum distance of every 20 feet on average . Street trees are
required to be planted at 1 per 30feet. They may be planted in clusters per the City Arborist.
3. Specimen trees, as described in the city tree protection ordinance (chapter 60), located
within the minimum front yard shall be preserved.
4. A strip shall be planted with grass or sod between the back of curb or swale and the
sidewalk or the Milton Trail per the applicable city code.
b. Parking lot landscape islands.
1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay.
2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or
90 feet of single row length of parking spaces.
3. Landscape islands shall include one over-story shade tree per 180 square feet of
landscape island area.
4 . Location of interior landscape islands shall vary from row to row to avoid a grid pattern
and rectilinear layout.
c. Landscape buffers
1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening
design, with a ten-foot improvement setback, shall be located adjacent to all AG-l zoning
districts and all property zoned, used, or developed for residential uses.
2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative
screening design, with a 1 a-foot improvement setback, shall be located adjacent to all AG-l
zoning districts and all property zoned, used, or developed for residential uses.
3. To make buffers seem natural, an equal mix of three species shall be used.
d. Property owners are encouraged to develop a green space for recreation and public enjoyment.
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e. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the
issuance of a land disturbance permit , building permit, development clearing permit, or tree
removal permit.
f. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and
agricultural clearing may be allowed within the context of a development clearing permit.
(2) Screening and fencing.
Landscaping and fencing materials on property with Institutional uses thereon, should be used to
minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management
facilities, and accessory site features as set forth herein:
a. All loading spaces shall be screened from view of any public street by either:
1. A IS-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or
2. Incorporated into the principal building.
Shrubs shall be moderately growing, be a minimum height of 3 Y2 to four feet at time of planting, and
reach a height of six feet within two years of planting.
b. All parking lots shall be screened from view of any public street by a IS-foot-wide landscape
strip planted to buffer standards.
Plants shall be a minimum height of 3 ~ to four feet at time of planting, and such plants shall reach a
height of six feet within two years of planting (see section 64-1141 (l )a. for additional landscape and
screening requirements).
c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and
shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be
constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher
than what is contained in the interior. The door enclosing the refuse area shall be constructed of an
opaque non-combustible material and appearance must be consistent with the prevailing architecture.
d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be
placed in the least visible location from public streets, and shall be screened from view of any right-of
way or any property zoned, used, or developed for residential uses, including the AG-l zoning district,
by one of the following means :
1. Placement behind the principle building; or
2. Erection of an 100 percent opaque fencing, around the entire accessory structure which
must be constructed of the same type of exterior material used for the building; or
3. By a vegetative screening, which shall consist of evergreen shrubs, be 3 Y2 to four feet at
time of planting, and reach a height of six feet within two years or planting.
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e. Drive-throughs are prohibited
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV
of the City Code).
b. All facilities shall be designed to create a natural look.
c. Stormwater better site designs and nonstructural stormwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared storm water management facilities is encouraged.
(4) Fencing and height.
a. In yards adjacent to an exterior street an equestrian fence is required.
b. Fences in yards adjacent to a public street shall not exceed 60 inches from finished grade.
c. Retaining walls shall be constructed of block or poured concrete with natural stone
veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360
degree veneer as described above. Retaining walls above three feet high shall have a
continuous planting of evergreens.
d . Opaque fences are prohibited in yards adjacent to a public street, except as set forth in
subsections 2(d) and 2(e) of this section.
(5) Pedestrian safety
Construction of sidewalks and pedestrian amenities on property with an Institutional use thereon should
encourage and promote walking to a development and within a development. The placement of
sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code)
should contribute to the sense of place of the community . Sidewalks shall be constructed along public
road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and
the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of
curb the maximum distance allowable within the right-of-way.
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a. Mandatory requirements; pedestrian path design standards.
1. Proposed developments shall have a pedestrian network.
2. Paths shall comply with any applicable Americans with Disabilities Act standards for
slope, width, texture, level differences, and ramps.
3. Paths shall be a minimum of five feet in width.
4. Paths shall be clearly identified through painting, signage and texture change.
5. In order to facilitate travel, paths shall not be obstructed by any object or structure.
6. Paths shall be designed to minimize direct auto-pedestrian interaction.
7. Paths shall be connected to signalized crosswalks, where applicable.
8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and
destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may
meander to protect and maintain mature trees and other permitted landscape features.
Meandering sidewalks are discouraged.
9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the
street to the main entrance of the principal use of the property.
10. Pedestrian paths shall be colored and or textured walkways or sidewalks.
b. Encouraged elements; pedestrian paths and public spaces.
1. To increase safety, grade separation is encouraged between pedestrian paths and motor
vehicle access areas.
2. Paths are encouraged to be built alongside interesting and inviting features. Street
furniture is encouraged to be located adjacent to any path. Street furniture includes, but is
not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish
receptacles, and ganged mailboxes.
3. Community public spaces that promote gathering and have a park like design with
streetscape and hardscape elements are encouraged.
4. Paths are allowed to perpendicularly cross landscape strips.
5. Granite curbing is preferred over other types of curbing.
(6) Site lighting for parking lots, pedestrian paths and public entrances.
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Lighting on property with institutional uses thereon should be compatible with the rural and historic
setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night
viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7).
a. Parking lot lighting shall meet the following minimum standards:
1. Light poles shall not exceed a height of 20 feet from finished grade.
H. Light poles shall not be allowed in tree islands.
HI. Bases of light poles shall be compatible with the design of the primary building.
lV. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall
be cut off at 75 degrees.
v. Light pole arm styles, shall either be Shepherd's Crook or Acorn.
b. Pedestrian lighting shall meet the following minimum standards:
1. Light poles shall not exceed a height of 15 feet from finished grade.
H. Light pole arm styles shall be either Shepard's Crook or Acorn .
c. Light poles shall include a taper, either in their transition downward from post to decorative
shaft (base), or upward to ballast housing, or both.
d. Shoe box and cobra styles are prohibited for light poles.
e. Building-mounted lighting fixtures shall have a 45 degree light cutoff.
f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a
historic style.
g. Neon lighting is prohibited.
h. Light housings and posts shall be a dark color/material and be nonreflective.
1. Exterior lighting shall not exceed two-foot candles.
(7) Building size, orientation, height, scale and parking.
The design and layout of an institutional type development should build upon and complement the
design of crossroads communities as opposed to creating a new one. The size, orientation, setback and
scale of buildings are integral elements of crossroads communities. A building's orientation and
placement should complement and relate to adjacent buildings, structures and properties. The placement
of buildings should create an informal grouping and relationship between them as opposed to being
orderly and uniform. The location of a building should take into consideration its rural surrounding and
take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale
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and characteristic to their rural and natural setting. The building design and material should contribute to
the style and feeling of its rural surrounding. The visual impact of parking should be minimized by
placing it to the rear and by screening. Accessory structures such as outparcel buildings, accessory
structures, fences and walls shall have architectural features and exterior materials consistent with the
principal building and are not required to meet the requirements except for height listed in Sec 64
1142(7). All structures shall be subject to review by the City Architect prior to Design Review Board
submittal. Such developments shall comply with the following:
a. Building Size.
I. On a development of four acres or less , the maximum building size shall be 20,000
square feet. If two or more buildings are built, the total size of all buildings shall not exceed
25 ,000 square feet , no single one of which shall exceed 15 ,000 square feet.
11. On developments larger than four acres , the maximum building size shall be 25 ,000
square feet.
111. A group of two or more buildings that share at least one contiguous wall will be
considered as one building.
b. Orientation.
I. Buildings shall be oriented to a public street. An entrance to a building should be located
on the side of the building facing a public street.
11. Accessory structures shall be located so as to be least visible from a public street and
shall conform to the setbacks for the district standards.
Ill. Driveways shall be perpendicular to the street.
c. Height.
I. Maximum building height shall be two stories with the maximum height of 30 feet from
average finished grade to the bottom of the roof eave except where allowed pursuant to Sec. 64
76.
d. Scale.
F or every 80 feet of building length on a single face , there shall be variation in the exterior or as
approved by the City Architect accomplished through the following means:
I. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by
a minimum of ten feet. Overhangs and roof lines shall follow the building's location.
11. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or
materials.
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e. Parking.
I. Parking shall be shared among users within a common development. Parking shall be
reduced according to the shared parking standards established in section 64-1411. Additional
reduction in the number of parking spaces is encouraged.
11. All parking spaces built in excess of the minimum number required by the city zoning
ordinance, shall be constructed of pervious material.
HI. No on-site parking shall be located to the front of a building or between a building and
the public right-of-way (see section 64-1142(2) regarding landscaping ifparking is in view from
the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way.
IV. If an internal street is developed for use by the general public, one row of parallel or
diagonal parking is allowed between the street and the curb.
(8) Building and other structure design.
Construction of buildings in styles and types not found in Milton shall be avoided. Modem style using
traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged.
Exaggerated or excessively large or small architectural elements should be avoided. Elements should be
in proportion with the overall building. In addition, buildings should reflect a specific style and not mix
elements of different styles. The design and architectural elements of the buildings should be compatible
to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a
pattern of rural development called "crossroads communities." Residences are constructed at the edge of
these crossroads communities. The overlay district seeks to replicate this pattern by having future
nonresidential construction, built within 400 feet from the edge of the right-of-way of an intersection,
include elements of the historic commercial buildings, and nonresidential buildings, constructed over
400 feet from the edge of right-of-way of an intersection, include elements of the historic residential
buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall
have architectural features and exterior materials consistent with the principal building and are not
required to meet the requirements listed in Sec 64-1142(8). All structures shall be subject to review by
the City Architect prior to Design Review Board submittal. With the foregoing proposes in mind,
buildings and structures on property with institutional uses thereon, shall comply with the following:
a. Building design.
I. All buildings constructed within 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant commercial building
types (see section 64-1150).
11. All buildings constructed over 400 feet from the edge of right-of-way of an intersection
of two public roads shall be designed in accordance with the predominant residential building
types (see section 64-1150).
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b. Building material.
I. At least 80 percent of external walls shall consist of one or a combination of the
following materials: horizontal clapboard siding; brick; and stone or as approved by the City
Architect. Vertical clapboard is permitted on buildings built to look like bams. The brick shall be
hand molded or tumbled to create the appearance of old brick.
II. No more than 20 percent of any exterior wall may consist of glass, architecturally
treated, precast stone. All shall have a natural appearance or a historic appearance.
III. Exterior building walls shall not consist of metal panel systems, ascast smooth concrete
masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass,
press-wood or corrugated steel. Notwithstanding the forgoing sentence, mechanical penthouses
and roof screens are allowed.
c. Roof.
I. Roofs shall be gable, pyramidal, or hip style. Shed roofs are permitted over porches,
additions, and accessory structures. Roof pitches shall be between 8 over 12 and 12 over 12
inclusive or as approved by the City Architect.
II. Roof material shall be made out of the following materials: asphalt shingle, wood
shingle, wood shake, or standing seam metal.
III. Buildings with a minimum gross square footage of 15,000 square feet may have a lower
pitched roof if they meet all of the following standards:
1. A decorative parapet or cornice is constructed along all roof lines with a lower
pitch than specified in subsection (c )i. of this section.
2. Rooftop equipment is screened from public view from all adjacent public streets.
IV. Mansard roofs are not permitted .
d. Windows.
I. Buildings shall have a ratio of openings (e.g., windows and doors) to solids from 30
percent to 50, percent inclusive of the building exterior or as approved by the City Architect.
II. Accessory structures or structures used secondary to the primary use of the development
are not required to meet the window requirements above.
III. For wall sections greater than ten feet wide:
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1. No one window shall exceed 32 square feet. No grouping of windows shall
exceed 100 square feet or as approved by the City Architect.
2. Windows on the side of the building with the principal or main entrance shall
have a maximum distance between windows not to exceed one window width or
as approved by the City Architect.
3. Windows on the building's side and rear shall have a minimum distance between
windows not to exceed two window widths.
4 . Windowsills shall be placed a minimum of two feet above finished grade.
IV. A minimum of 80 percent of windows on each exterior wall shall have a vertical
orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to
one (width) or as approved by the City Architect.
v. Window types shall include one or a combination of the following types: double-hung
sash window with 2/ I, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows or
as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip
ins are prohibited.
VI. If located on a comer lot, all of the exterior building walls facing a public street shall
continue the same window arrangements as the side with the principal entrance.
VII. If windows are paired or grouped in larger numbers, windows shall have divided lights of
2/1 or more.
e. Doors.
1. Doors used as entryways by the public are limited to the following types:
1. Wood or simulated solid wood door with raised panels.
2. Wood or simulated wood door with raised panels on the bottom half and glass on
the top half.
3. Glass door with divided lights.
11. Flush panel doors are prohibited as exterior doors.
f. Architectural features. Architectural details are encouraged to create variety, visual interest, and
texture on new buildings.
1. Main entrances shall include a minimum of two of the following elements:
1. Decorative columns or posts;
2. Pediments;
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3. Arches;
4. Brackets;
5. Transoms over doorways;
6. Sidelights;
7. Porticos; or
8. Recesses/proj ecti ons.
H. If used, shutters shall be operable and fit the size of the window.
HI. If roof dormers are present and they have windows, then the windows shall be glazed.
g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have
architectural features and exterior materials consistent with the principal building.
h. Prohibited building components. The following building components shall be prohibited: steel
gates, burglar bars, chain link fence, steel roll down curtains.
(9) Building colors.
All aspects of an institutional development should use colors common in the area and in nature. Earth
toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural
surroundings.
a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate
high intensity colors shall be avoided.
b. Acceptable colors are listed in section 64-1144.
Sec. 64-1143. Requirements for Agricultural Type Uses
(1) Height
a. Comply with the zoning district's height requirement.
(2) Parking
a. All parking spaces built, which exceed the minimum number required by the city zoning
ordinance, shall be constructed of pervious material.
(3) Stormwater management facilities
a. All facilities shall be in compliance with the Storrnwater Management Manual (Chapter 20, Article IV
of the City Code).
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b. All facilities shall be designed to create a natural look.
c. Storrnwater better site designs and nonstructural storrnwater management practices shall be used
whenever possible.
d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards
with evergreen plantings exterior to any required fence and or required access area.
e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards
will allow.
f. The creation of shared stonnwater management facilities is encouraged.
(4) Fencing and height.
1. In yards adjacent to an exterior street an equestrian fence is required ..
2. Fences in y ards adjacent to an exterior street shall not exceed 60 inches from finished
grade.
3. Retaining walls shall be constructed of block or poured concrete with natural stone
veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360
degree veneer as described above. Retaining walls above three feet high shall have a
continuous planting of evergreens.
4 . Opaque fences are prohibited in yards adjacent to an exterior street.
Sec. 64-1144. Building colors.
All aspects of a development should use colors common in the area and in nature. Earth-toned , subtle
and muted colors provide for a development that incorporates sensitivity to its natural surrounding.
(1) Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate
high intensity colors shall be avoided.
(2) Acceptable colors are listed in section 64-1149
Sec. 64-1145. Graffiti.
Graffiti defacing the fac;:ade of any building , sign, path, accessory structure, wall, fence or other site
element is prohibited.
Sec. 64-1146. Severability.
In the event that any section, subsection , sentence , clause or phrase of this division shall be declared or
adjudged invalid or unconstitutional , such adjudication shall in no maMer affect the other sections ,
subsections , sentences, clauses or phrases of this division, which shall remain in full force and effect, as
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if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional
were not originally a part thereof.
Sec. 64-1147. Appeals.
Any persons aggrieved by a final decision of the design review board relating to this division may
appeal from such final decision to the board of zoning appeals by filing in writing setting forth plainly,
fully and distinctly why the final decision is contrary to law per sections 64-1885 through 64-1947. Such
appeal shall be filed within 30 days after the final decision of the design review board is rendered.
Sec. 64-1148. Effective date.
Applications for building permits, land disturbance permits, filed on or after the day of adoption of this
division shall meet the standards of this overlay district.
Sec. 64-1149. Acceptable building material color palette.
(a) Scope.
(1) Colors apply to building materials, architectural and decorative elements, and sign structure.
(2) The numbers refer to Pantone Matching System, an international color matching system. The
PMS Color Guide can be matched using a variety of methods:
a. Modem digital scanning/color interpretation.
b. Cross referencing paint manufacturers formulas.
c. Visual comparison matching.
(3) Colors have been chosen not only by what is found architecturally in the Milton area historically
but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid
"primary" color values in favor of "muted" and "subtle" colors.
(4) Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the
appropriate colors.
(b) Whites. Acceptable "whites" are described as subtle shades or tints of white, including "neutral,"
"antique," "taupe," or "sandstone."
(c) Quartertones. Quarter tones are one-quarter the strength of a full color. It provides a softer
transition between colors.
(d) Mid-tones. Mid-tones are colors half-way between light and dark.
(e) Shadowtones. Dark colors are fully pigmented and offer rich colors for darker accenting without
relying on basic browns, blacks, and grays.
---
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(f) Color chart.
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Sec . 64-1150. Characteristics of Rural Milton Overlay.
(a) The Rural Milton Overlay is based on the overall setting and characteristics of the rural
crossroads communities in the city. In order to determine their qualities, a visual survey was conducted
of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main
crossroads communities in the city. Commercial development in the city has been historically located in
the crossroads communities that developed at the intersection of two or more roads. In these
communities, commercial uses are close to the intersection, with institutional uses, such as churches and
schools, next to them and residential uses extending along the roads. Large tracts of agricultural land,
with rural vistas and views, border the residential areas. These crossroads communities maintain their
historic integrity as well as their informal character, rural atmosphere and charm. Generally, the
commercial buildings at the crossroads are oriented to the street, are close to the street and have varying
setbacks (from zero to 20 feet). Buildings are grouped informally and asymmetrically to each other to
form a village atmosphere. Parking is located to the side or to the rear . Landscapes and the space
between the buildings are informal, asymmetrical, rural and picturesque. They avoid modem day styles
that emphasize ordered plantings, over planting and often geometric placement. Informality of place
provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings' design and
architectural details are elements that maintain the value of the communities and contribute to the sense
of place in the city. More than being a place for commerce, they provide the sense of identity,
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ownership, community and evolution. Many of the commercial buildings were built from the late 1800's
to the late 1930's in various types and style and have a rural and agrarian character. The buildings are
generally small, one story with a square or rectangular footprint. Buildings are in scale and in proportion
to each other. The principal building materials are brick and clapboard siding, however, stone is also
used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of
these also have a small recessed porch. Several window types are present including, double-hung sash,
casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into six
lights over six, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical
orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and
main fayades are more articulated that the rest of the buildings. This is achieved by recessing the
entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic
elements. Some of the features that are present include: round and square columns, frieze board, exposed
rafter ends, and triangle gable braces.
(b) Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and
endings. Commercial buildings transition into smaller residential buildings. Uses also transition down
from commercial to office and then to residential. Many residential buildings that extend along the roads
are now being used for retail and office. These residential areas also share similar characteristics : they
are one-story, oriented to the street, often a walkway leads from the street to the front door or from the
driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the
rear. The buildings are setback ten to 40 feet from the sidewalk. In addition, wood fences, retaining
walls and hedges often define the boundaries of the property.
(c) The houses themselves also have similar characteristics. The principal building material is wood
clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip
and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation.
Most ofthese also have a front or wrap around porch. The majority of the windows are double-hung
sash with the sashes divided into six lights over six, 3/1 9/9, 1/1 and 2/2. Some have sidelights and
transom lights around the front door and fixed arched windows.
(d) Several house types are present, including: hall parlor, double pen, central hallway, gable ell
cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the
height of the house as well as the general layout of the interior rooms. A description and layout of each
is included in this section.
(e) Many of these houses do not have a high style but rather have a vernacular interpretation of a
style. Style refers to the external ornamentation and the overall form of the house. In many cases, style
elements are associated with a certain house type. For instance, craftsman elements are present in
bungalow type houses. The architectural features present in these houses, by style, are listed below and
are discussed in this section.
(1) Greek Revival. Frieze board, round columns, Doric columns, flute columns, gable returns, comer
pilasters, dentil molding, pedimented gable.
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(2) Queen Anne and Folk Victorian. Decorative cut shingles, verge board, turned posts, ionic
columns, porch with turned balusters, frieze board.
(3) Craftsman. Wood or brick battered columns on brick or stone piers, exposed rafter ends,
overhanging eaves, gable braces, frieze board, gable returns.
Zoning OvoertayDisIrids -Fr......ayiHpayRlIal Minon OVer1ay
_ Rural Milan o-1ay -Ra~ZOning District
City of MiHon • Birmingham Qossroads = Major Alterial/CollecIJDr
Overlay "'or AIteri.allLocall
CiOty limits
1'11 __• U
March 2014 •-
RURAL MIL TON OVERLAY DISTRICT MAP
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Page 103 of 118
Secs. 64-1151-64-1174. Reserved.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-158.
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
6. Consideration of RZ14-01 -To Amend Chapter 64, Article I, Section 64-1 Definitions.
(Agenda Item No . 14-159)
ORDINANCE NO. 14-06-208
(First Presentation at June 2,2014 Regular City Council Meeting)
(Discussed at June 9,2014 City Council Work Session)
(Kathleen Field, Community Development Director)
Kathy Field, Community Development Director
Thank you, Mr. Mayor. On page 2 of the attached memo on this proposed text amendment under
definitions the discussion based on the discussion at the work session last week included the following:
under (1) fence equestrian, page 12, staff replaced be a minimum with not exceed to be consistent with
other parts of the zoning ordinance regarding height. And, if you remember this dealt with the sixty
inches and we didn't want this to be a minimum sixty inches height we wanted it not to exceed so we
made that correction. And, then under racetrack, as we mentioned previously, on page 28 the following
definition for racetrack has been provided based on council's discussion. The definition reads; racetrack
means the use of a course devoted to the racing of motor and non-motorized vehicles or animals and all
improvements normally associated with racing such as off-street parking, patron seating, concessions
and a fixed racetrack. So, those were the discussion items at last week's workshop. In addition, the
Planning Commission had one comment under the proposed text amendment for definitions and it is as
follows: On page 4, under barrier free housing, they stated that it was the Planning Commission's
opinion that the implementation of this type of modification to a structure should come from the housing
industry and demand from the public and, therefore, the need for encouragement and a new definition is
not required. So, those are the comments generated from both last week 's work session as well as the
Planning Commission as it relates to this text amendment.
Mayor Lockwood
Questions?
Councilmember Longoria
So, Kathy this is essentially all the definitions, right?
Kathy Field
Yes.
Councilmember Longoria
So, having a definition for something that we don't use doesn't really matter. It is just having a
definition and at least put some bounds around what it is we are talking about. The deletion of a
definition actually provides us with some ambiguity.
Kathy Field
Correct. And, since we did include racetracks under the use chart, the idea was to provide a definition.
It was pointed out that we did not have a definition for racetracks.
Regular Meet ing of the Milton City Council
Monday , June 16 , 2014 at 6:00 pm
Page 104 of 118
Councilmember Longoria
I was asking that because I would be in favor of including as many definitions as we could that way
there is no guess work that has to go on .
Councilmember Kunz
As mentioned before , I would approve the Planning Commission's recommendation to let the housing
industry discuss what barrier free housing is, as well. They worked on that. I would rather give that to
them too.
Councilmember Longoria
I thought about that and that is why I made my comment, Matt , because to me , having the definition in
isn 't a problem because we struck it out of where we wanted to strike it out and that was in terms of the
overlay itself and how it impacts decisions there but without that there , having the definition and the
definition doesn't really matter.
Councilmember Kunz
Can the definition change over time?
Councilmember Longoria
Well , it could but so could every other definition that is in here. That is just my opinion.
Mayor Lockwood
Do we have any public comment on this?
City Clerk Gordon
We do not , sir.
Mayor Lockwood
Okay , I will close the public hearing. Are there any more questions for Kathy? Does somebody want to
make a motion ?
Councilmember Hewitt
I'll make a motion . To approve agenda item RZ14-01.
Councilmember Kunz
Second .
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-159.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 1050fl18
7. Consideration ofRZ14-02 -To Amend Chapter 64 , Article IX, Administrative Penn its and Use
Pennits.
(Agenda Item No. 14-160)
ORDINANCE NO. 14 -06-209
(Fir st Pr es entation at Jun e 2, 2014 Regular City Coun cil Meeting)
(Discuss ed at June 9,2014 City Coun cil Work Session)
(Kathl ee n Fi eld, Community Development Direct or)
Kathleen Field, Community Development Director
Thank you, Mr. Mayor. There were no changes that staff noted as a result of discussion at last week 's
work session so we show none, however, the Planning Commission did make mention of two items that
they would like to see changed and that is on page 49, quarries and surface mining sites , the Planning
Commission recommended that this use be deleted entirel y. And, under racetrack on page 51, the
Planning Commission recommended that this use also be deleted entirely. So , those were the two
comments from the Planning Commission. As I mentioned, there was no discussion on the rest of this
amendment by the council at last week 's meeting.
Mayor Lockwood
Do we have any public comment?
City Clerk Gordon
Yes, we do , Mrs. Julie Zahner Bailey.
Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004
My comments are the same as they were but I will just bring them forward as it relates to quarries and
surface mining as well as the racetracks, obviously, a slightly different opinion from that which you just
approved. Some of these uses are more intense than what the intention was so the comment would be
consistent with my comment on the other which would be that these would be too intense for the area
and therefore we would request that you be consistent with the Planning Commission's
recommendation.
Mayor Lockwood
Do we have any more public comments?
City Clerk Gordon
No, that is all, sir.
Mayor Lockwood
Okay, then I will close the public hearing on that and then open it back up for questions, comments, or a
motion .
Councilmember Longoria
So , having the ability to grant a quarry use pennit has nothing to do with us needing to grant a use
pennit?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 106 of 118
Council member Mohrig
Correct. Correct.
Mayor Lockwood
To clarify, even if we have them in there we are not obligated to grant those permits.
Councilmember Longoria
I can't think of a place in Milton where that may be appropriate, although, maybe if it was some type of
a micro-quarry or something where it was constrained and not even feasible if maybe some guy had 30
acres, maybe it is possible.
Councilmember Thurman
You've got to remember that there used to be a quarry. Providence Park was a quarry.
Mayor Lockwood
I believe there was one over off of Freemanville, too.
Councilmember Thurman
If they find a diamond mine on some vacant property, I think we all may be out there.
Councilmember Hewitt
But, again to your point, it gives us the opportunity to hear case by case so I am in support of that.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-160.
Council member Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
8. Consideration ofRZ14-03 -To Amend Chapter 64, Article IX, Administrative Permits and Use
Permits to Create a New Use Permit for a Rural or Agricultural Event Facility.
(Agenda Item No. 14-161)
ORDINANCE NO. 14-06-210
(First Presentation at June 2, 2014 Regular City Council Meeting)
(Discussed at June 9,2014 City Council Work Session)
(Kathleen Field. Community Development Director)
Kathy Field, Community Development Director
Thank you. Mr. Mayor, on page two of the cover memo on this proposed text amendment, three
quarters of the way down we captured some discussion pertaining to this text amendment from last
week's meeting and it reads as follows: under new use permit for a rural agricultural event facility,
there was discussion on hours of operation, and so on page one, the council requested more flexible
hours of operation. Staff has combined section 64-1842 (b 6 and 7) into a new section 6 to read as
follows: (6) the maximum number of attendees and hours of operation will be evaluated by the Mayor
Regular Meeting of the Milton City Council
Monday, JW1e 16, 2014 at 6:00 pm
Page 107 of 118
and City Council on a case by case basis for each site to protect the public's health, safety, and welfare.
That is the language we came up with based on the discussion at last week's meeting.
Mayor Lockwood
Do we have any public comment?
City Clerk Gordon
We do, from Julie Zalmer Bailey.
Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004
I was here and heard your discussion about more flexibility and I surely understand that my comment
would just be for some use penn its there are already existing parameters and I get the fact that in some
cases you may want to expand those or change those for a weekend. There was mention made that
sometimes if an event is next to a subdivision, I would just suggest that those of us that don't live in a
subdivision and still live on AG-l land that we are sensitive to those more expansive hours and to the
noise because we too live where we live and so I would ask that whether we be in a subdivision or on
open land or AG-l land is that the proximity to some of these events and where they may eventually
come forward is that those that don 't live in a subdivision are equally impacted and so I am just a little
bit concerned about not having at least some general parameters, because most use pennits do have
some general parameters. I know I would probably not be thrilled to have an event that was taking place
late in the evening whether it be a weekend or during the week. So, I just ask for that consideration and
I realize on a case by case basis you can apply anything but it would seem that if you had some general
parameters those coming forward would know some of what to expect. So, I just thought I would share
those thoughts with you . Thank you.
Jeff Runner, 13895 Hopewell Road, Milton, Georgia 30004
For the first time, I actually agree with Julie Zalmer Bailey that we need some parameters around this.
Something to give the applicant some sort of an idea of what you are going to base the hours and
number of people on. Having just gone through the process, something's got to be a little more refined
to help us decide that and it also gives us an idea of whether or not we even want to apply if we don't
think we will get it through. Thank you very much.
Mayor Lockwood
Is that all the comments? Okay, I will close the public hearing and open it back up for questions or
comments.
Councilmember Hewitt
To those points that were made, we've got two ways to go. We can be broad or tight with those and
obviously we don't want to be broad with it from the first stroke. Maybe we put something on it that is
acceptable to us and then it would be on the applicant to prove that they can manage it at later hours.
don't know what those numbers are but like Jeff said, at least they have an idea of what they are coming
up against. So, I don't know if we say, 9:00 a.m. to 10:00 p.m. Monday through Saturday and if you
want to do it later then the burden is on the applicant to prove that they can operate later and not affect
anybody negatively.
I
Regular Meeting of the Milton City Council
Monday , June 16 , 2014 at 6:00 pm
Page 108 of 118
Councilmember Thurman
I think the noise ordinance is going to take care of a lot of that by its very definition. I think the noise
ordinance is going to dictate. If you hav e to comply with the noise ordinance it is hard to have a lot of
people .
Councilmember Longoria
The noise ordinance has language in it that talks about hours. The standards are different based on the
hours .
Councilmember Thurman
It is different based on whether or not it is a commercial area or strictly residential area or whether it is a
weekday or a weekend .
Council member Mohrig
How does staff come up with a recommendation as far as the number of participants? Do we have any
guidelines?
Robyn MacDonald
Typically, it is based on the applicant's letter of intent and so they are going to request hours of
operation , they will request the number of attendees and then depending on the parcel and the situation
and that is why we kept it open ended because we know every situation is going to be a little bit
different. It is not that there isn't going to be on. There will always be a suggested one by the applicant.
Council member Mohrig
I don ' t think we are going to be able to do it tonight but maybe staff can come back with ideas of how
we can actually assess that. Instead of saying either 200 or 300; or do we evaluate the situation.
Robyn MacDonald
With the use permit , there are standards. There are seven standards that are reviewed by the staff and so
a lot of times I discuss the different issues that are in there whether it has to do with noise or the type of
use or proximity to other uses. So, even though it is not talked about in these development standards, in
the code it speaks to I must evaluate each use permit under the seven parameters.
Councilmember Thurman
And , I think having to have one parking space for every two and a half attendees can dictate how many
people you can have in a lot of places . If you only have 50 parking spots , you know how many people
you are going to ha ve .
Councilmember Kunz
Jeff, you went through the process. Do you have a thought about what you would like to see?
Jeff Runner
I didn 't understand in my particular case. I asked for 200 , staff recommended 100 based on I have no
idea what and council approved 150. So , if we are going to do this as a use permit , we need some
criteria that people like me can go by and say, you know what, I want 200 , I ' m not going to get 200 so I
may as well not even apply because I can't do it with 190. And , we don ' t have that criteria.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at6:00 pm
Page 109 of 118
Councilmember Kunz
What kind of criteria are you thinking?
Jeff Runner
I don't know. Whatever you all are basing it on. Is it based on the size of the house, because by the fire
marshal's standards, I can have 600 people. Is it based on the number of parking spaces, well, based on
that I can have 250. Is it based on the acreage of land, if that is the case, I don't know what the rule is. I
could probably have 10,000 people. So, I don't know what criteria we are basing it on. Is it based on
the road that it is off of? Is someone who is on an 80 acre parcel or 100 acre parcel, is he going to be
allowed to have more, but his people still may have to go down Hopewell Road to get there so, that is
the part I don't know.
Mayor Lockwood
This is a complex one to answer because of all those different variables, the size of the property, the
parking, the size of the structure, where it is located, the buffers.
Jeff Runner
But you've got to give us something to go by. If you say you have less than four acres you can only
have 100 people or if you've got like the size of the buildings in the overlay, ifit is under four acres you
can have a 25,000 square foot building or whatever it is but if you have 4.1 acres then you can have
more; I'm not sure what the criteria is.
Councilmember Thurman
I think the important thing is before anyone submits an application they come in and talk to our staff and
our staff can kind of guide them. Our staff are professionals. They can guide them based on the
particular property. Where it is located, how large it is, how parking is, how big the structure is, they
can help guide you into how many they think and if you want to go for more, you can go for more, and
if you don't want that many you don't have to.
Mayor Lockwood
I don't know that we can come up with something tonight and even if we sent staff back to come up
with an exact formula that is going to be tough too. Maybe have staff think through it and give us some
parameters or guidelines that they might recommend and then we have those as just a guide and then
individual cases may be different but I don't know if we can decide that tonight.
Councilmember Mohrig
I would just reach out to what you said; we haven't done a lot of these that is why we don't have
parameters. I think Mr. Runner's was the first one that came before us so maybe we need to go and start
to think about how would we base the parameters, all these considerations, maybe we start to look at
how those considerations play in so as Joe said maybe we can get some parameters that we could
actually look at as a council. That is just something to think about.
Mayor Lockwood
Robyn or Kathy, in your experience with other municipalities, have they come with things like that?
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 110 of 118
Robyn MacDonald
When I was doing the research for this, typically, they kept it, a lot of jurisdiction have their use penn its
fairly open ended so it can be on a case by case basis so even when I looked at other event facilities it
was also fairly open ended based on the size and situation of the use pennit.
Mayor Lockwood
Ken, do you have a recommendation on what we should do with this right now?
City Attorney Jarrard
Well, to the extent that it is whether or not you should further constrain yourself, my argument is always
going to be no because the moment you do that you are going to have a case in front of you where you
are going to wish you had flexibility.
Councilmember Hewitt
Since we are starting to create this use pennit category because we realized the one we had on the books
is probably really not what we need it for, we can always approve this tonight so we have something,
more than a stop gap measure, and then we can always amend it later if we come back with some great
ideas. It is hard to capture all that. I'll make a motion to approve this item.
Councilmember Kunz
Maybe, obviously, have a use pennit category but maybe too we can create something in addition, at
some point down the road not right now, we may have a category that people could go by where they
may not have to have a use pennit before us but they know they can come by and submit an application
and be able to do their thing based on a standard we have created. That is a possibility we can think of
too.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-16l.
Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
9. Consideration ofRZ14-04 -To Amend Chapter 64, Article IX, Administrative Penn its and Use
Penn its to Create a New Use Pennit for Artist Studio.
(Agenda Item No. 14-162)
ORDINANCE NO . ] 4-06 -2 J1
(First Presentation at June 2,2014 Regular City Council Meeting)
(Discussed at June 9, 2014 City Council Work Session)
(Kathleen Field, Community Development Director)
Kathleen Field, Community Development Director
Thank you, Mr. Mayor. On page two of the cover memo here at the very bottom we talk about the
discussion that ensued during last week's workshop and as follows: under use pennit for art studio,
under (1) the council discussed whether the two person limit, including the resident, was too restrictive.
They suggested that it should be considered on a case by case basis depending on the size of the parcel
and location in relation to other types of uses. On page one, staff has proposed the following edit for
3(b) to read: the number of employees who can work on the premises shall be detennined by the Mayor
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page III ofl18
and City Council. When evaluating the proposed number of employees, the size of the property and
building shall be considered in proportion of the number of employees or adjacent uses. (2) the council
discussed whether a studio may be located within an accessory structure only where the property
exceeds three acres in size. They suggested that it should be considered on a case by case basis
depending on the parcel and the size of the accessory structure. Therefore, on page two, staff has
proposed the following edit for section 3(d) to read: the minimum lot size for a studio to be located
within an accessory structure shall be determined by the Mayor and City Council. When evaluating
whether a studio can be located within an accessory structure, the size of the property in proportion to
the size of the accessory structure shall be considered. Lastly, the council requested that staff consult
with Michael Dillon to determine if the proposed development standards would be compatible with his
artist studio. Staff did speak to Lauren Dillon, that is his wife, and she indicated that the proposed
development standards could be met with the current conditions, property, and operations.
Mayor Lockwood
Do we have any public comment on this?
City Clerk Gordon
Ms. Julie Zahner Bailey.
Julie Zahner Bailey, 255 Hickory Flat Road, Milton, Georgia 30004
Good evening. With regards to the addition of the AG-I, utilization of AG-I for an art studio, I guess,
and I understand the case by case basis. Maybe the nuance with this is that historically I think there had
been reference made to ensuring that the intent would be commensurate with the home based business.
So, my only caution with opening it up with no parameters as it relates to the studio and the number of
employees, is that I get the fact that two might be too limiting, but opening it up to no parameter, I think
at least has the potential for unintended consequences of the intention of a home based art studio
suddenly maybe being misinterpreted or misused by someone that we don't know. But, I think the goal
is always not to create something that could be unintentionally utilized and I think based on the way that
language is, if you wanted to get creative without any parameters, you could argue that an art studio it
could in theory become more of a manufacturing kind of facility where you are still producing it on site
but suddenly it morphs to a bit more commercial end use. So, that would be my only caution and I don't
know what that specific number should be . I know the other night when you guys talked about it, you
threw around some ideas of still keeping something in there about the homeowner being party to the
business and so maybe it is a certain number who are there, family members, that seemed to be where
your concerns were so I just share that concern with you to go from two to no parameters seems to have
potentially an unintended consequence. Thank you. There won't be any more comments from me
because that is the last item. It has been really nice to be with you this evening.
Councilmember Thurman
I just have a couple of comments. Number one, I think we want to make sure in this situation that the
resident is actually working in the building . This is not like it is a separate business. We just want to
make sure that the resident is actually working as one of the artist in the building; one of the people that
are living there so it is not like somebody would let somebody else in and let them operate a studio out
of it. The other thing is when looking at the when evaluating either the number of employees for a
studio it says the size of the property in proportion to the size of the accessory structure or the size of the
property and buildings, I think it also needs to say, and adjacent setbacks to adjacent property because I
think that is important. You can have a 100 acre property and if this studio happens to be on the
property line, it is very different than a studio that has to be in the middle of 100 acres.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page I 12 of 118
Robyn MacDonald
I think that we addressed both of them.
Councilmember Thurman
Band D; both of them say the size of the property and the building shall be considered but it doesn't say
anything about whether or not or how close the building is and all to the property line is considered.
Robyn MacDonald
I think in B, at the end, it says to the number of proposed employees and/or adjacent uses.
Councilmember Thurman
Okay, does that take care of it?
Robyn MacDonald
Yes, the intent was depending on what was the adjacent use whether it is a single family subdivision or
whether. ..
Council member Thurman
Can we add that to the bottom ofD; the end ofD too? We said the size of the property in proportion of
the size of the structure but we don't say anything about it being ...
Robyn MacDonald
Yea, we can do that. So, we would just add; does that sound right, Ken?
City Attorney Jarrard
Well, as we are talking about things to consider as well as what the structure's proximity to the lot line.
Robyn MacDonald
Well, to what the adjacent property uses are ... the size of the property.
City Attorney Jarrard
Okay, as shall be adjacent, okay, shall be considered as will be adjacent uses.
Robyn MacDonald
Yes.
Councilmember Kunz
Do we have a current minimum number of employees for a home based business in general?
Stacey Inglis
At least one.
Councilmember Kunz
At least one but not a maximum amount.
Stacey Inglis
No, well the max is one.
Regular Meeting of the Milton City Council
Monday, June \6,2014 at 6:00 pm
Page I 13 of 118
Council member Kunz
The max is one for a home based business so if someone, like in this artist case in particular, you've got
husband and wife and you have another employee coming from elsewhere to help with picking up heavy
material, that is three, and if one doesn't live there and the other two do, so is that a situation where you
have ...
Stacey Inglis
I believe then they would have to get a separate a different type of business license; they would not get a
home based business license, they would get one based on gross receipts.
Kathy Field
Mr. Mayor, Councilwoman Thurman's comment about the artist not only residing on the property which
is 3(a) but it doesn't really say, shall work on the premises and I think that is the point you wanted to
make.
Council member Thurman
Maybe that is taken care of by (a) but I just wanted to make sure that you don't have anybody taking
advantage of this.
Kathy Field
So, would you consider an amendment that would include something along the lines of; artist shall
reside as well as reside on the property as well as work on the premises. The artist shall reside on the
property as well as work on the premises. Because residing and working are two different activities
obviously. If that is your intent.
Councilmember Thurman
Yes.
Councilmember Hewitt
I would agree with that.
Councilmember Longoria
What did we just agree to? That it was reside and work? So, it is not an either or thing it is both.
City Attorney Jarrard
So, 3(a) the artist shall both reside and work on the premises.
Councilmember Mohrig
So, you can't have an artist studio unless it is in a commercial district that is under this use permit.
Robyn MacDonald
For commercial it is a different requirement.
Councilmember Thurman
You can't open a blacksmith shop on your property unless you are going to learn how to be a
blacksmith.
Regular Meeting of the Milton City Council
Monday, June 16,2014 at 6:00 pm
Page 114 of 118
City Attorney Jarrard
The motion would be to adopt 64-1843 as presented by staff with the addition of3(a) shall read: The
artist shall both reside and work on the premises and 3(d) will contain the following language at the end
following considered as well as adjacent uses.
Sec. 64-1843. Artist Studio.
(a) Required districts. AG-l, R-I, R-2, R-2A, MIX, 0-1, C-l, C-2, Crabapple Form Based Code,
DeerfieldIHwy 9 Form Based Code
(b) Standards.
(1) No outside storage allowed.
(2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to
constitute a nuisance.
(3) The following standards apply to AG-l, MIX (residential portion) and residentially zoned
properties
a. The artist shall both reside and work on the property.
b. The number of employees who can work on the premises shall be determined by the
Mayor and City Council. When evaluating the proposed number of employees, the size of
the property and buildings shall be considered in proportion to the number of proposed
employees and/or adjacent uses.
c. Only articles or goods produced, assembled, processed or manufactured on the site shall
be exhibited for sale in the studio or on the property.
d. The minimum lot size for a studio to be located within an accessory structure shall be
determined by the Mayor and City Council. When evaluating if a studio can be located
within an accessory structure, the size of the property in proportion to the size of the
accessory structure shaH be considered as well as adjacent uses.
e. An accessory structure may contain bathroom facilities and running water.
f. No person may reside within the accessory structure used as a studio.
g. A studio located within the primary residence, shall not exceed the smaller of 25 percent
of the gross floor area of the dwelling unit or 750 square feet.
h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8
a.m. to 5 p.m., Monday through Saturday.
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at6:00 pm
Page] 15 of 118
Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 14-162.
Council member Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
UNFINISHED BUSINESS
1. Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit
System (GMEBS) Defined Benefit Retirement Plan and General Addendum.
ORDINANCE NO . 14-06-203
(Agenda Item No. 14-153)
(First Presentation at June 2, 2014 R egular C ity Council Meetin g)
(Sam Trager, Human Resources Director)
Sam Trager, Human Resources Director
The ordinance in front of you accomplishes the following:
• Closes the current Defined Benefit Pension Plan to new hires and re-hires on or after July 1,
2014.
• Clears up the language regarding the age that the City Manager can retire .
• Changes the actuarial tables for employees. Currently, it is a 50% actuarial reduction if an
employee retires at age 55 and 10 years of service. The new plan changes it to a 30% actuarial
reduction if an employee retires at age 55 and 10 years of service.
This change will have a financial impact of $57,000 per year on the plan.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No . 14-153.
Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
NEW BUSINESS
1. Consideration of a Resolution to Approve a Revised Adoption Agreement Between the City of
Milton and ICMA-RC to Limit Participation in the Defined Contribution Plan to Employees
Hired Prior to July 1,2014.
RE OLUTION NO . 14-06-300
(Agenda Item No. 14-177)
(Sam Trager , Human Resources Dir ec tor)
Sam Trager, Human Resources Director
The city also maintains a Defined Contribution Plan.
This plan also needs to be closed to all employees hired on or after July 1, 2014
This resolution simply closes this plan to newly hired employees on or after July 1,2014.
Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 14-177.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Counci1member
Lusk was absent from the meeting .
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 116 of 118
2. Consideration of a Resolution to Approve the FY20 15-20 17 Cooperation Agreement Between
the City of Milton, Georgia and Fulton County, Georgia to Continue its Participation in the
County's Community Development Block Grant (CDBG), HOME Investment Partnerships
Program, and the Emergency Solutions Grant (ESG) Program for the years 2015, 2016 and 2017.
RESOLUTION NO . 14-06-301
(Agenda Item No. 14-178)
(Michele McIntosh-Ross , Principal Planner)
Michele Mcintosh-Ross, Principal Planner
HUD requires that Fulton County undergo recertification to maintain their status as an urban entitlement
recipient for the Community Development Block Grant.
It requires that municipalities that want to participate in the program have to submit an approved
resolution along with a fully executed cooperation agreement to Fulton County.
This agreement is in front of you tonight for approval.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-178.
Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Council member
Lusk was absent from the meeting.
3. Consideration of a Construction Services Agreement between the City of Milton and Headley
Construction Corporation for the Renovation of the Hopewell House.
(Agenda Item No. 14-179)
(Carter Lucas, Public Works Director)
Carter Lucas, Public Works Director
We are asking for your consideration of a Construction Services Agreement for renovation of the
Hopewell House.
Based on the construction drawings reviewed in February 2014, we are below the amount budgeted from
those drawings.
The original budgeted amount of $700,000 was based on the earlier conceptual drawings.
We extended an invitation to bid on this project and received one bid.
The bid is based on a base construction cost of $581 ,000.
The administration costs have decreased because our Architect, Bob Busemi, can perform some of the
work in house.
The total bid for the project is $632,000.
We have an agreement with North Fulton Senior Services to operate a senior center on a daily basis
from this facility.
Regular Meeting of the Milton City Council
Monday, June 16, 2014 at 6:00 pm
Page 117 of liS
PUBLIC COMMENT
Melinda Ross, Manager of the Milton Senior Center 3315 Francis Road, Milton, Georgia
The Milton Senior Center has been in existence for one year and we have 31 participants.
We are very thankful for the center and it has really helped many seniors in our area.
It has given many seniors a place to socialize which has been proven to help seniors as they age.
A hot nutritious meal has been very beneficial to our participants as well.
The Hopewell House will be beneficial because different activities can take place in each room.
Currently, we are in one big room where all the activities take place.
Thank you for helping our seniors be successful.
Cora Pickeren, 3546 Springview Court, Milton, GA 30004
I am a participant of the Milton Senior Center.
I am here speaking on behalf of all the participants at the center.
We are very appreciative of all that the city is doing for us .
We are looking forward to a permanent address.
We appreciate the transportation because some of us do not drive anymore.
Many seniors would be indoors all the time ifit wasn't for the center.
It is good that we have a meal and we are getting to do things we have never done before.
Some people who are 80 plus years old are learning to knit, sew, and painting.
The center helps because many of us are losing our memory and at the center we are able to socialize.
We are very appreciative of all that you are doing and we hope to be in the Hopewell House soon.
Steven Hernandez, 400 Majestic Cove, Milton, GA 30004
I am one of the five regular volunteers that help Melinda and Michelle with the center.
The center has changed my life now that I am retired.
I have been very impressed with the camaraderie and companionship within the center.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-179.
Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
MAYOR AND COUNCIL REPORTS
ST AFF REPORTS
EXECUTIVE SESSION (ifneeded)
Regular Meeting of the Milton City Council
Monday, June 16 , 2014 at 6:00 pm
Page 118 of I 18
ADJOURNMENT
(Agenda Item No. 14-180)
Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 10:51 p .m .
Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember
Lusk was absent from the meeting.
After no further discussion the Regular Council Meeting adjourned at 10:51 p.m.
Date Approved: August 4 , 2014.
Sudie AM Gordon , City Clerk Joe Lock