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HomeMy WebLinkAboutORDINANCE NO 16 02 269I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 16-02-269 RZ16-01 AN ORDINANCE TO AMEND ARTICLE XX, ARTICLE 1-GENERAL OF THE DEERFIELD FORM BASED CODE OF THE CITY OF MIL TON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on February 17th. 2016 at 6:00 p.m. as follows: SECTION l. That the amendment of Article XX, Article 1 -General of the Deerfield Form Based Code of the City ofMilton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 17th day of February, 2016. Joe Lockwood;Jz Attest: Sudie AM Gordon, City Clerk I I I STATE OF GEORGIA COUNTY OF FULTON 1.6-DENSITY CALCULATIONS 1.6.1 Applicability ORDINANCE NO. 16-02-269 RZ16-01 a. The requirements of this Section 1.6 apply to all areas except the Five Acre Road Density Zone. b. In the Five Acre Road Zone, density may not exceed 10,000 square feet of floor area per acre of Gross Site Area, regardless of Transect Zone or Special District. 1.6.2 Density shall be expressed in building units per acre as specified by Transect Zone in Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging : 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction , the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms , or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. 1.6. 9 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. 1.6.1 0 The Base Density of a site may be increased by the Transfer of Development Rights (TOR) up to the amount specified for each zone by Table 11 section (a.), subject to the provisions of Section 1.7, except that use of TOR is not permitted in the Maximum Two Story Height Zone under either of the following conditions: a. the parcel is located north of the centerline of Bethany Bend as depicted on the Regulating Plan; or b. the parcel is adjacent to property that is located in the T -2 transect zone, located in the AG-1 (Agricultural) district, or zoned for or developed with a single family dwelling unit, as prohibited in Section 1.7.6. (Ord. No. 15-04-240, § l, 4-27-2015) I I I STATE OF GEORGIA COUNTY OF FULTON 1.7-TRANSFER OF DEVELOPMENT RIGHTS ORDINANCE NO. 16-02-269 RZ16-01 1. 7.1 Purpose: The TOR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TOR Sending Sites or Park/Greenway TOR Sending Sites. Open Space TOR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TOR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TOR program, private property owners receive Transferable Development Rights (TORs) which can be transferred for use at designated TOR Receiving Sites. 1.7.2 TOR Sending Site Criteria a. Open Space TOR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within This District or a minimum of 2 acres in size and located outside This District but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend. With the exception of the parcels described in the preceding sentence, all other Open Space TOR Sending Sites shall be a minimum of 5 acres in size and zoned AG- 1 outside This District. All Open Space TOR Sending Sites shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels sha ll not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TOR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. 1.7.3 TOR Sending Site Approval Process a. Open Space TOR Sending Sites: Property owners may offer their land as Open Space TOR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within This District and the provisions of the AG-1 zoning district for parcels outside This District. b. Park/Greenway TOR Sending Sites: Property owners may offer their land as Park/Greenway TOR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TOR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TOR Sending Site is secured by easement I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 16-02-269 RZ16-01 rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within This District or the provisions of the AG-1 zoning district for parcels outside This District, 1.7.4 TOR Allocation a. Open Space TOR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Open Space TOR Sending Sites using the following formula: i. One TOR per full acre of Unconstrained Land ii. Plus one TOR per four full acres of Constrained Land iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TOR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Park/Greenway TOR Sending Sites using the following two-step process Step One: calculate the total number of TORs produced by i, ii and iii below: i. One TOR per full acre of Unconstrained Land ii. Plus one TOR per four full acres of Constrained Land iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25. c. Civic Space TOR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TORs to the owners of Park/Greenway TOR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TORs produced by i, ii and iii below: i. One TOR per full acre of Unconstrained Land ii. Plus one TOR per four full acres of Constrained Land iii. Plus one TOR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TOR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TORs when they are used to increase density in a TOR Receiving Site development. TOR Sending Site property owners who are issued TORs may retain them, transfer them directly to TOR Receiving Site developers or transfer them I I I STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 16-02-269 RZ16-01 to intermediaries who may also retain them or transfer them to TOR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TORs. The City may also sever TORs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TORs for use in TOR Receiving Site developments. The price paid for TORs is determined by negotiation between TOR buyers and sellers. 1.7.6 TOR Receiving Sites: TORs may be transferred to the TOR Receiving Sites designated by This Code and any additional TOR Receiving Sites designated by the City. Parcels located within the Maximum Two Story Height Zone shall not serve as TOR Receiving Sites under either of the following conditions: a, the parcel is located north of the centerline of Bethany Bend as depicted on the Regulating Plan; or b. the parcel is adjacent to property that is located in the T-2 transect zone, located in the AG-1 (Agricultural) district, or zoned for or developed with a single family dwelling unit . TOR Receiving Site owners can build at or below the Base Densities established by Code without any use of TORs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1. 7. 7. 1.7.7 TOR Transfer Ratio: Pursuant to This Code, developers of projects on TOR Receiving Sites may use the TORs to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of four building units per full TOR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TOR Sending Site and a TOR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TORs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TORs shall not be granted open space and Greenway dedications that are required as a condition of site development. TORs from the TOR Sending Site portion of the parcel may be transferred to the TOR Receiving Site portion of the parcel, transferred to a separate TOR Receiving Site or to any combination of on-site and off-site TOR Receiving Sites. 1.7.9 Reserved. 1.7.10 Compliance Requirements a. When the use of TOR results in divisions of land, TOR compliance shall occur prior to final subdivision map approval. b. When the use of TOR results in additional Density without a division of land, TOR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TOR program have application to any TOR Sending Site or TOR Receiving Site outside the jurisdictional boundary of the City of Milton. (Ord. No. 15-04-240, § 1, 4-27-2015)