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Agenda Packet CC - 08/18/2014 - Agenda Packet
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107D Monday, August 18, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist Church, Milton, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-227) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the July 14, 2014 City Council Work Session Meeting Minutes. (Agenda Item No. 14-228) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 18 , 2014 Page 2 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the July 21, 2014 Regular City Council Meeting Minutes. (Agenda Item No. 14-229) (Sudie Gordon, City Clerk) 3. Approval of the Financial Statements for the Period Ending July, 2014. (Agenda Item No. 14-230) (Stacey Inglis, Assistant City Manager) 4. Approval of a Contract Renewal between the City of Milton and AT&T for Switched Ethernet Services. (Agenda Item No. 14-231) (David Frizzell, IT Manager) 6) REPORTS AND PRESENTATIONS 1. Presentation of a Flag Certificate to the City of Milton. (Presented by the Sons of the American Revolution, Piedmont Chapter) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. Consideration of U14-01/VC14-02 – 14505 Batesville Road, by LRF Milton, LLC – To Operate a bed and breakfast (Sec. 64-1802) with Four Guest Rooms within an Existing Home and a Concurrent Variance to Increase the Building Setback along Batesville Road from 20 Feet to 400 Feet [Sec. 64-1145(3)(a)]. (Agenda Item No. 14-223) (First Presentation at August 4, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of RZ14-12 – To Amend Article XIX – Crabapple Form Based Code. (Agenda Item No. 14-224) (First Presentation at August 4, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 18 , 2014 Page 3 of 3 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of RZ14-13 – To Amend Article XX – Deerfield Form Based Code. (Agenda Item No. 14-225) (First Presentation at August 4, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of a Change Order between the City of Milton and Astra Group, Inc. to Accept Bid Alternate #1 to Install a Second Synthetic Turf Field at Bell Memorial Park. (Agenda Item No. 14-232) (Carter Lucas, Public Works Director) 2. Consideration of the Approval of Change Order #3 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. (Agenda Item No. 14-233) (Jim Cregge, Parks & Recreation Director) 3. Consideration of a Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.C.G.A. 36-31-11.1. (Agenda Item No. 14-234) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-235) The minutes were provided electronically HOME OF]VI I U ` INJ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 14, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending July, 2014 MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: t) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES () NO CITY ATTORNEY REVIEW REQUIRED: /\ YES () NO APPROVAL BY CITY ATTORNEY KAPPROVED PLACED ON AGENDA FOR: a ? I Q3 I+ REMARKS () NOT APPROVED qy-�- You _ PHONE: 678.242.2500 1 FAX: 678.242.2499 ta ?,, _ Green : c�aie«i ; Top 100 info@cityofmiltonga.us I www.cityofmiltonga.us MD Community City of �y,Ethics��� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on August 12, 2014 for the August 18, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 10 – July 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 9.72% over what is anticipated for the tenth period of the fiscal year. The 9.72% variance can be attributed to the higher than anticipated collection of motor vehicle tax and local option sales tax for this period. Total expenditures to-date are $16,148,999 and are 5.51% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,744,324, capital expenditures-to-date total $3,512,538.99. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending July 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,344,000 (30,415) - (30,415) 225,734 280,084 (54,350) Motor Vehicle Tax 700,000 62,872 58,333 4,539 755,019 525,000 230,019 Intangible Tax 250,000 17,963 20,833 (2,871) 131,665 187,500 (55,835) Real Estate Transfer Tax 75,000 8,055 6,250 1,805 53,752 56,250 (2,498) Franchise Fees 1,800,000 301,257 301,257 - 1,374,673 1,410,000 (35,327) Local Option Sales Tax 7,000,000 670,888 583,333 87,555 5,633,710 5,250,000 383,710 Alcohol Beverage Excise Tax 285,000 27,776 23,750 4,026 218,696 213,750 4,946 Business & Occupation Tax 605,000 2,306 - 2,306 665,951 605,000 60,951 Insurance Premium Tax 1,600,000 - - - - - - Financial Institution Tax 33,000 - - - 35,172 33,000 2,172 Penalties & Interest 30,000 512 83 428 38,652 26,953 11,699 Alcohol Beverage Licenses 135,000 - - - 138,600 135,000 3,600 Other Non-Business Permits/Licenses 15,686 3,574 442 3,133 27,620 13,238 14,382 Zoning & Land Disturbance Permits 152,329 27,863 - 27,863 266,172 126,941 139,231 Building Permits 400,000 48,542 33,333 15,209 369,683 333,333 36,349 Intergovernmental Revenue 1,711 - - - 1,711 1,426 286 Other Charges for Service 439,661 53,752 7,038 46,714 509,144 366,384 142,760 Municipal Court Fines 481,600 55,649 40,000 15,649 467,022 401,333 65,688 Interest Earnings 14,500 690 208 482 16,717 12,083 4,633 Contributions & Donations 1,188 - 91 (91) 2,357 990 1,367 Other Revenue 29,540 1,515 2,462 (947) 46,811 26,427 20,384 Other Financing Sources 64,000 5,854 5,854 - 14,464 14,464 - Total Revenues 22,457,215 1,258,653 1,083,269 175,384 10,993,324 10,019,158 974,167 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 8,671 5,662 3,009 118,013 122,498 (4,485) City Clerk 188,574 10,889 9,450 1,439 138,871 158,997 (20,127) City Manager 556,713 41,101 22,738 18,363 430,131 447,003 (16,872) General Administration 37,794 2,934 1,722 1,212 32,146 34,350 (2,204) Finance 367,595 25,745 12,717 13,027 302,840 308,909 (6,069) Legal 230,000 30,424 19,167 11,257 182,353 172,500 9,853 Information Technology 614,657 20,202 25,477 (5,275) 409,302 458,900 (49,598) Human Resources 331,108 17,416 15,431 1,985 201,395 233,047 (31,652) Risk Management 195,015 - - - 140,443 140,303 140 General Government Buildings 436,678 30,356 36,390 (6,033) 334,088 394,255 (60,167) Public Information & Marketing 254,541 12,522 8,453 4,069 161,084 164,310 (3,227) Municipal Court 246,985 20,828 11,236 9,592 199,548 203,269 (3,721) Police 3,420,814 202,131 138,748 63,383 2,464,257 2,722,909 (258,652) Fire 5,408,188 341,488 211,789 129,699 4,019,166 4,354,616 (335,450) EMS Operations - - - - - - - Public Works 1,833,009 102,014 82,397 19,617 1,369,104 1,406,875 (37,771) Parks & Recreation 990,634 44,702 34,280 10,421 660,164 703,164 (43,000) Community Development 1,096,848 76,744 49,345 27,398 818,597 897,082 (78,485) Economic Development 79,285 10,030 8,550 1,480 71,273 71,448 (175) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,935,793 455,169 455,169 - 4,005,456 4,005,456 - Operating Reserve 95,369 - - - - - - Total expenditures 21,576,946 1,453,365 1,148,721 304,645 16,148,999 17,090,660 (941,660) Net Income/(Loss)880,269 (194,712)(5,155,675) Fund Balance - Beginning 9,489,374 9,489,374 Fund Balance - Ending 10,369,643 4,333,699 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ -$ 1,755$ 455$ Interest Revenues 40 1 17 (23) Crabapple Fest Sponsor 7,500 2,500 3,500 (4,000) Earth Day Sponsor 4,000 - 3,875 (125) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - 500 (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - 447 (1,053) Roundup Food Sales - - - - Total revenues 16,840$ 2,501$ 10,094$ (6,746)$ EXPENDITURES Current: Special Events 65,095$ 22,514$ 61,723$ 3,372$ Total Expenditures 65,095$ 22,514$ 61,723$ 3,372$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ -$ 35,000$ -$ Total other financing sources and uses 35,000$ -$ 35,000$ -$ Net change in fund balances (13,255)$ (16,630)$ Fund balances - beginning 37,898 37,898 Fund balances - ending 24,643$ 21,269$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - 4,239 27,744 27,744 Interest Revenues/State Funds - - 21 21 Interest Revenues/Federal Funds - - 27 27 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 4,239$ 27,792$ 27,792$ EXPENDITURES Current: Police 18,000$ -$ 16,025$ 1,975$ Total Expenditures 18,000$ -$ 16,025$ 1,975$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ 11,767$ Fund balances - beginning 125,504 125,504 Fund balances - ending 107,504$ 137,271$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 135,299$ 620,501$ (179,499)$ Interest Revenue 200 32 242 42 Total revenues 800,200$ 135,332$ 620,743$ (179,457)$ EXPENDITURES Current: Public Safety 1,117,262$ 212,599$ 772,476$ 344,786$ Total Expenditures 1,117,262$ 212,599$ 772,476$ 344,786$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (151,733)$ Fund balances - beginning 768,794 790,699 Fund balances - ending 451,732$ 638,966$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - - 20,000 20,000 Interest Revenues - 1 6 6 Total revenues -$ 1$ 20,006$ 20,006$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 1 20,006 20,006 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 20,006 Fund balances - beginning - - Fund balances - ending -$ 20,006$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 5,854$ 49,043$ (5,957)$ Total revenues 55,000$ 5,854$ 49,043$ (5,957)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 5,854$ 14,043$ (5,957)$ Transfers out to Special Events Fund 35,000 - 35,000 - Total other financing sources and uses 55,000$ 5,854$ 49,043$ (5,957)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 15,711$ 66,734$ 1,734$ Sidewalk Replacement Account - - 2,800 19,800 19,800 Crabapple Paving Fee - - - 5,250 5,250 Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 80,000 80,000 31,696 84,855 4,855 HYA Fees - - 7,808 7,808 Interest Revenue 3,000 3,000 172 1,838 (1,162) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 148,000 148,000 50,378$ 186,285$ 38,285$ EXPENDITURES Capital Outlay City Council 36,070$ 36,070$ 2,800$ 21,749$ 14,321$ General Admin - 50,000 - - 50,000 Finance - - - - - IT - - - - - Police 2,331,523 2,604,805 - 273,621 2,331,184 Fire 1,438,530 1,511,970 - 211,673 1,300,297 Public Works 7,313,241 7,681,241 15,760 2,577,915 5,103,326 Parks & Recreation 1,746,290 1,746,290 995 423,611 1,322,679 Community Development 113,948 113,948 - 3,970 109,978 Total Capital Outlay 12,979,602$ 13,744,324$ 19,555$ 3,512,539$ 10,231,785$ Excess of revenues over expenditures (12,831,602) (13,596,324) 30,823 (3,326,254) (10,193,500) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 4,915,793$ 455,169$ 4,005,456$ (910,337)$ Unallocated (125,216) (125,216) - - 125,216 Proceeds of Sale of Assets - - 300 300 Budgeted Fund Balance - - - - - Total other financing sources and uses 4,025,855 4,790,577 455,169 4,005,756 (784,821) Net change in fund balances (8,805,747) (8,805,747) 679,502 Fund balances - beginning 8,960,703 8,960,703 8,960,703 Fund balances - ending 154,956$ 154,956$ 9,640,204$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- 200,000 11,377 11,377 (188,623) LMIG Funds - 275,873 - 275,873 0 GDOT HPP Funds 7,262,878 7,262,878 - 60,362 (7,202,516) MARTA Grant 177,355 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 60,000 60,000 33,827 42,274 (17,726) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - 30,000 - 30,000 - Interest Revenues 800 800 22 277 (523) Total revenues 8,005,095$ 8,510,968$ 45,227$ 420,164$ (8,090,804)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ -$ Public Safety - - - Public Works 8,682,362$ 9,208,235$ 63,329$ 628,094$ 8,580,141$ Community Development 7,190 7,190 - - 7,190 Total Capital Outlay 8,689,552$ 9,215,425$ 63,329$ 628,094$ 8,587,331$ Excess of revenues over expenditures (684,457) (704,457) (18,102) (207,931) 496,526 OTHER FINANCING SOURCES (USES) Transfers out to General Fund (20,000)$ -$ -$ -$ -$ Total other financing sources and uses (20,000)$ -$ -$ -$ -$ Net change in fund balances (704,457) (704,457) (207,931) Fund balances - beginning 705,087 705,087 705,087 Fund balances - ending 630$ 630$ 497,156$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 9 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) EXPENDITURES Capital Outlay General Government Buildings -$ 3,322,000$ 46,454$ 945,650$ 2,376,350$ Parks & Recreation - 8,678,000 - - 8,678,000 Total Capital Outlay -$ 12,000,000$ 46,454$ 945,650$ 11,054,350$ Excess of revenues over expenditures - (12,000,000) (46,454) (945,650) 11,054,350 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 2,000,000$ -$ -$ (2,000,000)$ Revenue Bond Proceeds - 10,000,000 - - 10,000,000 Total other financing sources and uses -$ 12,000,000$ -$ -$ 8,000,000$ Net change in fund balances - - (945,650) Fund balances - beginning - - - Fund balances - ending -$ -$ (945,650)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2014 10 HOME OF ' I L I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 11, 2014 FROM: City Manager AGENDA ITEM: Approval of a Contract Renewal between the City of Milton and AT&T for Switched Ethernet Services. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: ( YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: i! REMARKS You PHONE: 678.242.2500 1 FAX: 678.242.2499 .� *c�ttss* Top IOU * Clry �,r info@cityofmiltonga.us I www.cityofmiltonga.us Commune m� Erhlcs J 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: David Frizzell, IT Manager Date: Submitted on August 13, 2014 for the Aug 18, 2014 Regular Council Meeting Agenda Item: Consideration of a Contract Renewal between the City of Milton and AT&T for Switched Ethernet Services. ____________________________________________________________________________ Department Recommendation: The IT Manager recommends approval of this contract. Executive Summary: This contract provides for a fiber circuit to connect the Public Safety departments of Milton and Alpharetta. The circuit provides connectivity for the city’s Public Safety applications. This is a renewal that continues the existing service and will lock in the rates for that service. Funding and Fiscal Impact: The cost for this service has been budgeted. There will be no change in the IT budget for the new contract. The monthly cost of this circuit will be $1,900 per month. Alternatives: Allowing service to continue at month-month billing rates will create significant cost increases due to the fees involved. The monthly cost of this alternative is $2,420 on the same circuit. Legal Review: Paul Higbee – Jarrard & Davis (7/22/2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): City of Milton MA and ASE Combined PDF.pdf 4viJOV J4L-� ,JHL.1 IVA I I. JJ ... I I, VI -V I-LV,Y I: - AT&T MA Reference No. 20091204-0012UA to at&t AT&T PS Reference No. ASESIOWCC AT&T SWITCHED ETHERNET SERVICEsM (ILEC Interstate) Pricing Schedule Provided Pursuant to Custom Terms Please sl n bar 0110712014 Customer City of Milton 13000 Deerfield Pkwy, Suite 107A Milton, GA, 30004 United States Customer Contact (for notices) Name: David Frizzell Title: IT Manager 13000 Deerfield Pkwy, Suite 107A Milton, GA, 30004 United States Telephone: (678)242-2517 Fax: N.A. Email: david.frizzell@cityofmiltonga.us Customer Account Number or Master Account Number: AT&T Solution Provider or AT&T The applicable AT&T ILEC Service -Providing Affiliate AT&T Contact (for Notices Name: TERRI B CHEATHAM 754 PEACHTREE ST NE ATLANTA, GA, 30306 United States Telephone: 1-404-986-9432 Fax: Email TB0036@att.com Branch Manager: Frank Hutchison SCVP Name: Sales Strata: Retail Sales Region: US With a co for Notices to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast a att.com ive Information if appllcable�Q This Pricing Schedule for the service(s) identified below ("Service") is part of the Agreement referenced above. Customer acknowledges and certifies that the interstate traffic (including Internet and international traffic) constitutes more than ten percent (10%) of the total traffic on any Service. Customer confirms receipt of the AT&T customer building 1 site preparation document describing the installation requirements at the Site(s). Customer AT&T (by its authorized representative) () (by its authorized representative) Printed or Typed Name: David Frizzell Title: IT Manager Date: B: Printed or Typed Name: Title: Date: Far AT&T internal use on! Contract Ordering and Biliin Number (CNUM) 1-1S10WCC AT&T and Customer Confidential Information ASE .ICB�s_pcg 0$/19113 v.2 RLR: 2014625316 Page 1 of 5 YV4.JVV J'+LJ I JrtV I V. IC,VV o.II I. V/ -VI -LV 14 Llly AT&T SWITCHED ETHERNET SERV10EsM (ILEO Interstate) Pricing Schedule Provided Pursuant to Custom Terms 1. SERVICE, SERVICE PROVIDER(S) AND SERVICE PUBLICATION(S) Service AT&T Switched Ethernet Services+ Service Provider Service Publication (incorporated by reference AT&T Georgia AT&T Interstate Access Guidebook, including Part 5, Section 4 2. PRICING SCHEDULE TERM, EFFECTIVE DATES Pricing Schedule Term 36 Months Service Publication Location Start Date of Minimum Payment Period, per ' Later of the Effective Date or installation of the Service Component Service Component Rate Stabilization per Service Component Rates as specified in this Pricing Schedule for each Service Component are stabilized until the end of its Minimum Payment Period. Pricing following the end of Minimum Non -stabilized prices as modified from time to time in applicable Service Payment Period Pubifcabon or, if there Is no such pricing. the pricing in this Pricing Schedule 3, MINIMUM PAYMENT PERIOD Service Components Percentage of Monthly Recurring Rate Applied for Calculation of Early Termination Charges* 50% plus any unpaid or waived non-recurring charges Minimum Payment Period per Service Component Until the end of the Minimum Payment Period for the associated Customer Port Connection All other Service Components 50% plus any unpaid or waived 36 Months non-recurring charges * Early termination charges shall not exceed the total amount of monthly recurring charges for the remainder of the Minimum Payment Period. 4, ADDS; MOVES AND UPGRADES 4.1. Adds Orders for Service Components (other than CIR/COS) in excess of quantities listed Section A-1 of Attachment A ("Adds") not permitted. 4.2. Moves Per applicable Service Publication 4.3 Upgrades 4.3.1 Customers may upgrade their CIR to a higher speed without incurring Termination Charges, if such increases do not require physical changes to AT&T's equipment or connections at Customer Site(s), In addition, customers may upgrade their Class of Service without incurring Termination Charges provided the upgrade does not include any reduction in the customer's existing CIR. 1-1SIOWCC AT&T and Customer Confidential Information ASE_ICB. ps_pcg 08/19113 v.2 RLR: 2014.625316 Page 2 of 5 '1 V •F70 V 34L 1 I ,�yv f V. IL. LfJ A.IF1. V/ -V I -LV IAF AT&T SWITCHED ETHERNET SERVICEsm (ILEC Interstate) Pricing Schedule Provided Pursuant to Custom Terms 4.3.2 Pricing for Service Reconfl uration - increase in CIR or CoS* F.ed e Components Monthly Recurring Rate and Non-recurring Charges ittInformation Rate (CIR} or Class of As specified in Attachment A e Cos specified in It A itted Information Rate (CIR) or Class of 35% discount off of the Service Publication monthly recurring rates then in e (CoS} not specified in Attachment A effect for the increased CIR/CoS for the EPP term equal to the Minimum Payment Period of the associated Customer Port Connection, or if no such EPP term exists then the next shorter EPP term reases which do not uire h physical than s to AT&T's equipment or connections at Customer Site(s) 5. WAIVERS warved Charges Non-recurring Charge waivers, if any, will apply as identified in Attachment A 6. RATES and CHARGES; QUANTITIES; INITIAL SITE and SERVICE CONFIGURATION See Attachment A. 1-1SIOWCC AT&T and Customer Confidential Information ASE_ICB_ps_pcg 08/19/13 v.2 RLR: 2014.625316 Page 3 of 5 '1V4JU UJ'-FLJ I J,.,,J 1 V'. ic.yG U.II I. VI—VI—cu l4 yiiy 0 AT&T SWITCHED ETHERNET SERVICEsM (ILEC Interstate) Pricing Schedule Provided Pursuant to Custom Terms ATTACHMENT A RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION City of Milton A.1. Rates and Charges; Initial Quantities Service Components 1 USOC Quantity Quantity Billed Total Billed Standard Billed Non - New Existing Monthly Monthly Non-recurring recurring Recurring Recurring Rate Charge Charge (MRR), per (Qty x MRR) (NRC)*, (New (NRC)*, (New unit Service Service Components Components only), per unit only), per Port Connection -100 Mb 2unit 400,00 USOC: OEMiM 800.00 1,925.00 0.00 Cas Profile - Interactive (Profile 4) 2 550.00 CIR - 10 Mb 1,100.00 -150.00 -0,00 USOC' OEM10 TOTAL billed MRR and NRC for 1,9DO.00 Service Components and 0.00 Quantities listed above: ___1:7j_ Any difference between the standard NRC and the billed NRC has been waived. If any CIR or COS is decreased before the end of the Minimum Payment Period. early termination charges will not apply; the MRR for the new CIR or COS will be the then -current Service Publication rate for the EPP term equal to the Minimum Payment Period. Charges for special construction, if needed, may also apply. A.2. Minimum Quantity New Commitment Required Installation Date Monthly Shortfall Char e Within three (3) months after the Effective 50% of MRR (partial months prorated) for each "Quantity New" Service Date, excluding AT&T delay Component not installed by Required Installation Date until installed or, if not installed, until the end of the Pricing Schedule Term A.3. Initial New and Existin 1 Site and Service Configuration Pricing applicable only for the Customer Port Connections specified below. Table 1 - NEW SERVICE (Complete a line for each Customer Port Connection). Port ID # Street Address Ci State 13000 DEERFIELD PKWY MILTON GA 2565 OLD MILTON PKWY ALPN GA Table 2 - NEW SERVICE - Associated Service Components to Customer Port Connections identified above. Port ID # Customer Port Connection S eedF:::�Iomb R Speed Class of Service 'Package Re enerator 1 100 Mb Interactive Profile 4 0 1-1S10WCC AT&T and Customer Confidential Information ASE-ICB-ps_pcg 08/19/13 v.2 RLR: 2014.625316 Page 4 of 5 4yyyVVJ4L� >�V iV. iG. JI d111. VI-VI-cV IY AT&T SWITCHED ETHERNET SERVICEsm (ILEC Interstate) Pricing Schedule Provided Pursuant to Custom Terms Port ID # Customer Port Connection Speed CIR Speed Class of Service /Package Regen, 2 100 Mb 1 10 Mb Interactive (Profile 4) 0 Table 3 — NEW SERVICE • Associated Features to Customer Port Connections identified above. Port Add'l MAC Alternate Serving Switch Meet Point Diverse ID # Addresses Access 1 No N.A. N.A. No 2 No N.k N.A. No End of Document Advanced Access Enhanced Failover Multicast No No No No 1-1510WCC AT&T and Customer Confidential Information ASE_ICB_ps_pcg 08119/13 v.2 RLR: 2014.625316 Page 5 of 5 HV4�V V:J4GJ , JMV fV. IJ. IL Q,fll. V/ -V I -LV I4 V / I4 mm 130M Ceerrield Parkway Alpharetta, GA 30004 USA Title: 13WD Deerfield Parkway Milton, GA 30004 United States Telephone: 6782422517 Fax: Errralt kollgy,Chftty@CltyCfMil(onga.us 2044012 2000120400129A MASTER AGREEMENT E orenterthelntrlrnat{onal ARlllate dame COLUMBIA. SC 29201 VVlttf a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN., Master Agreement Support Team E-mail: magnatum This Master Agreement CUlastar Agreement"), between the customer nerved above ('CuAwner") and the AT&T entity named above ("AT&T), is effective when signed by bath Customer and AT&T, and contl ces in at" as long as Services are Provided under this Me starAgreemant. This Master Agreement will apply to all services and equipment Customer buys fiC:n AT&T, now and In the future, that are Provided under Pricing Schedules attached to ar referencing this Master Agreement ('Services'). Other Services may be provided by signing additlonal POcing Scheduies at any time. AT&T standard service offerings are described in Tariffs, Guidebooks, Service Guides and otherdoe ments Identified In this MarWrggreement its authorized r@ r@9enjati � I (by Its authcrizad _. *�► 4f#ipain an t4 V1 Ff a! p. MwrldawlC'z Name: Thie, r I Title- - aa_ver_i.pdf 0 + Data: Ole, K 2001 AT&T tend Cuabmar Confidential Information Page I of 9 UA VER 107/14/08 eCRM to Y V..FJO V 3'+L l I .]FiV I V. 11,-q, fl 1, -1-VI-GV I4 , ; ,y 1. IMTiRODU=ON 1.1 Overview of Documents. The terms and conditions governing the Services thatATST provides to Customer2r958t forth in this Master Agnsement; the following additional docurrerit9, and any other documents executed by the parties and referencing this Master Agreement (which documents together with this Master Agreement are railed "this Agreemenr): (a) Pricing 5chadullos. A Pricing Schedule (Including refoted attachments) IdendAes the Services AT&T may provide to Customer. the price (including discounts, If applicable) for each Service, and the berm during which such prices are in effect ("Pricing Schedule Terre'). jl?) Tariffs end Guidebooks_ "Tariffs" are documents containing the stenderci descriptions, Pricing, and other terms and conditions for a Servloe ffWAT&Thies with regulatory commissions - *GUIdebnoks" am documents containing the standard descriptions, pricing, and of er terms and conditions fora Service that were, bUt rre longer are, filed with regulatory comrnisslone. Tariffs and Guidebooks may be found at or other loeatlons AT&T may designate, (c) Acceptable Use PoTlcy. AT&Tts Acceptable Use Pciiey ("AUP*) applies to Services provided over or accessing the Internet The AUP may be found at att GgM aua. or other locations AT&Tmay designate. (d) Service Guides, `,he description, pricing, and other !arms and condltlone for the Service not covered by a Tariff or Guidebook may be contalned in a Service Guide, which may be found at 51ce r3 _ imervicaoublira,�s or oTor lccatiom AT&T may designate. 1.2 Priority of Docurtterlte. The order of priority of no documents that form this Agreement is: Pricing Schedules; this Masser Agreement; the AUP, and Tariffs, Gu;debooks and Servioa Guides; provided #lot, Tcgffs will be first in priority in any jurisdiction where existing low or regulation does not permit contract terms to talcs precedence over Inconsistent tariff terms. 1.3 Revision% to Documents. Subject to Svrton 8.2(c) (WiNirlally Adverse Change), AT&T may revive Tariffs, Guidebooks, Service Guides or the AUP (collectively "Service Publications') at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule referencing this Agreement in its awn Herne and such Affiliate contract will be a separate, but associated, contract incarporabng the terms of this Master Agmernent with respect to that Prlcing Schedule. Customer and AT&T avid arrange tc have their respaciive Affiliates comply with this Agreement, (regardless of whether an Affiliate has signed a Prlcing Schedule. 1.5 Capitalized Teams. Capitalized terms not otherwise defined In this Agreement are defined In Section 11 (DeAnitionsj 2. AT&T DELWERABLES 2.1 Servicas. AT&T agrees to either provide or arrange to have an AT&T Affiliate provide Services to Customer in accordance with this Agreernent, subject to aysllability end operational limitations of systems, fecigtles and equipment. Where required, an AT&T Afflllate authorized by the approprlate regulatory authority will be the service provider. Z2 AT&T Equipment. Services may Indude use of cerlaTn equipment owned by AT&T that is located at the 81ta ('AT&T Equlpmenr), but title to the AT&T Equipment will remain with AT&T. Customer must provide electrio power for the AT&T EquTprneat and keep the AT&T Equipment physically Secure and fret from liens and encumbrances. Customer will bear the :isk of lots or damage to AT&T Equipment (other than ordinary wear and icer) except to the extent caused by AT&T or its agents. 23 Software, Any software used with the Services will be governed by the written terms and conditions applicable to such software, Title to saftwars remains WO AT&T or its strpplicr. Customer must Comply with all such terms and conditions and they take precedence over this Agreement as to such software. $. CUaTOMER'S COOPERATION 3.1 Access RTgHt Customer will In a timely manner allow AT&T to access property and equipment that Cewatorner centrals as reasonably required to provide the Services, and Customer will obtatn, at Customer's expense, timely access for AT&T to property that Customer does not control (other than public property) as reasonably required to provide the Services. Access rights include the right to construct install, repair, maintain, rep'ace and remove scaess lines and network facilitles, as iia ver i.pdf AT&T and Customer Co nfidentital I nformatiion Page 2 of 9 UA VM i 07114M8 QCRM ID VV43VVJV4J 1jF1 IV. IJ.JI [1.111. 1/ -V, -4v- p ,4 well as to usd ancillary equipment spacx within a building, as necessary for Cue aft cor�nectian to AT&T's neiwor}�. Must Provide AT&Ttimely information and access to Cusinrrer's facilities and equipment as AT&Treasonably Customer requires to provide the Services, subject to Customer's reasonable security poUdes. Customer will furnish any conduit, holes, Wireways, wiring, plan;, equipment, space, pcwerhttilittesl and other Items reasonably requlrad to perform Installation of the Services, and obtaln any neoeeaary licenses, permits and consents (Including easements and rfghts-of-way). Customer Wlll have the Site raady for AT&T to perform Its work ac cording to a mutually agreed schedule. 3.2 Safe Working Environment. Customer Vitt ensure that the location at which AT&T installs, maintains or p; ides Services Is a scitable and safe working environment, free of Hazardous Materials, 'Hazardous Materials' means any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal, or release is regulated by any law related to pciludorr, protection of air, water, or soil, or health and safety, AT&T does not handle, remove ar dispose of Hzzardous Mat+srials, and AT&T has no obligation to perform work at a location that is not a sulUble and safe working environment. AT&T will rat be 111ble for any Hazardous Materieta, &3 Users. `Usee means anyone who uses or accesses any Saiv#oa prevlded to Customer. CuMorner will cause Users to comply with this Agreement: and Customer agrees that Customers responsible for Users' use of any Services, un.,ess expressly provided to the contrary inapplicable Servloe Publications. 34 Internet Services. If a Service is provided over or accesses the lntamet, Customer, Customses Afflllates, arts! Users must comply with the AUP. 3.5 Resale of Services. Customer may not Ivaen the Services to third parties wit' cut AT&T's written consent. Where permitted under applicebre taw, customer may resat! lho $#rvlceo to Customer AMIfates without AT&T's censent. 4. PRICING AND BILLING 41 Pricing and Pricing Schedule Term; Terms Applicable Alter End of Pricing Schedule Term. Unless a PricliV Schedule St8te* Otherwise, the prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Tents, No promotion, credit or waiver se: forth in a Service Publication will apply unless the Pricy Schedule states otherwise. At the and of a Pricing Schedule Term, Customer will have the option to either, (a) osase usiq the Service {w Customer to take sill steps required by AT&T to terminate ft shich will require ervice); or (b) continue Laing the Servide under a mmth-t3- the prices, terms nd c Unless a affect on the SchadiAe last day of the Pricing SchadWetes otherwise. �Term will any contin a until changed sarvIce y AT&T on 30 days' prior notloe to Customer. 4.2 Additional Charges and Taxes, Prices set forth In a Pricing Schedule area exclusive of, and Customer will pay, all current and future taxes (excluding talose on AT&76 net Income), surcharges, recovery fees, custom clearances, duties, levles, shEpping cherges, and other similar charges (and any assocWted Interest and penaltics resulting from Cmiomer:s failture to timely pay such taxes or similar charges) reletfng to the sate, transfer of ownership, imlaltadon, hoarse, Lee or Provision of the Services, except to the extent Customer provides satistaatary proof of a valid tax exemption prior to the delhrery of Services. To the extent Customer is required by law to withhold or deduct any applicable taxes from payments due to AT&T, Customer will use reasonable oommaroial efforts to minimize any such taxes to the extent slowed by low of treaty, and Custornerwili furnish AT&Twith such evidence as may be rt$gwred by releventtoxing authorities to estobiish that such tax has been paid so that AT&T may claim arty applicable credit 4.S Billing, Unless a Pricing Schedule specifics otherwise, Customer's obllgotlon to pay tlor all Senrtces wlll begin upon Installation and availability of the services to Customer, AT&T will Invoice Customer for the Services an a monthly basis, or otherwise as specified In the PrlcTng Schedule. Customer will pay AT&T without deduction ("t for withholding taxes as provided In Sectlan 4.2 — Addtionsl Charges and Taxes). setoff (except A$ provided in Sccdon 4.5 — Delayed Billing; Disputed Charges), or delay For any reason. At Customer's r&past, but subject to AT&T's consent {which may be withhold if there wil be operatimal Impediments or tax cansequenceaj, Customer's Affiliates may be invoiced separately and AT&T will accept Payment from such Affllletes. Customer vdl be resppnsible for payment If Customer's Affiliates do not pay dirges in accordance with this Agreement AT&T may require Customer or its Affiiliates to tender a deposit If AT&T determines, In its reasonable judgment, that Customer or Customer's Affiliates are not creditworthy. 4.4 Payments. Payment is due Mchin 30 days after the dote of the involx (unless another date is specMed in an appfleable Tariff or GLkebook) and must refer to the Invoice number. Charges must be n thcu,rency specified fn th pd Iee Involve. Restrictive endorsements or other statements on checks are Vold. Customer ai31 ralmburae AT&T For all costs 239ociated with collecting dslinquent or dishonored psyrnents, including reasonable attorney's fees. AT&T may chars lane payment tees (a) for Services contained In a Tariff or Guidebook, at the rate specified therein, or (b) for all other Services, at the laver of 1.5% per month (18% par annum) or the maximum rate allowed by law for avardua payments. ua_vNr,J,pdi AT&T and Customer Confildential Information Page 3of9 UA VER 1 07114= eCRM ID YV'1JV V74LJ �>p.,,J 4.5 inlayed Billing; Disputed Charges. Customer wX not be inquired to pay charges far Services invoiced :pore than 6 months alter close of the bliling month In which the chargee were Incurred, except for automated or five operator assisted carps of any type. If Customer dlsputes a charge, Customer wIl I provide notice to AT&T specilicaiy Identifying the charges s and the reason !t Is dJspe�led within 6 months after the dote of the affected invofca cr C tom r waives the right to dispute the charge (except to the extent appitcable law or regulation otherwise raquires} Ws d chargee may be withheld, but if trot geld when due, Customer wHi incur late paymant fees in accondenee with Section 4.4 (paymanta); however, to t}re extant AT&T determines the 0argers Customer disputed and withheld were Invoiced in error, late payment fees for such chexten will tae revefsed. 4.6 MARC, Minimum Annual Revenue Commitment VIV1ARC") means an annual ;avenue Commitrrrent of MARC -Eligible Charges set forth in a Pricing Schedule that CAStOrrer agrees to satisfy during each 12 consecutive month period of the Pricing Schedule Tenn. At the and of each such 12 month period, if Customer has failed to satisfy the MARC far the preceding 12 month period, Custmer will be invclaed a arortfalt charge in an ainourA equal b the diiffearenos between the MARC and the total of the applicable MARC -Eligible Charges incurred during the 12 month period, and payment will be due in Recordeance with Section 4.4 (Payments). 4.7 Adjustments to MARC (a) Jn the event of a business downturn beyond C4swmer's control, or a corporate divestiture, merger, acquisition or signlflcent restructuring of receganixetion of Customer's business, or network optimization using other Servioes, or reduction of AT&T's prices, or force majeuro events, any of which sigri tfcarttly impairs Customer's ability to meet Custom Of% MARC, AT&T will offer to adjust the of eased MARC to refect Customer's rafted usage of Services (with a corresponding adje,stment to the prices or discount available at L'ers reduced MARC level). if the parties reach mutual agreement on a revised MARC, ATBT and Customer will emend the affected Pricing $chIf the p rtleescdv ch This 5eciion 4.7 will not apply to a change resulting from Customers descision to use seervlcs providers vtixrr than y. AT&T. Customer will provide AT&T written notice and evidence of the conditions Customer believes IlYlil re her t the application of this proWslon. This provision does not constitute a waiver of any charges, inclucilrrg monthly recurring charges and shortfall charges Customer incurs prior to amendcrent of the affected pricing Schedule, (6) If Customer, through merger, consolidation, voquisillon or otherwise, acquires a new busiress or operation, Customer and AT&T may mutually agree to include the new business or operafton under this Agreement; Such agreement will spedfy the impact, if any, of such addition on Customer's MAR C or other volume or grawth discounts, and Custrxne�g attainment thereof. 5. CONFIDENTIAL INFORMATION &I Confidential Information. Confidential Information means: 0) information the parties share with each other In connection with this Agreement or in anticipation o' provldIng Services under this Agreement but only to the extent Identiflad as Confidential informatlion In writing; and (t)) except 88 may be required Dy applicable law or regulation, the terms of this Agreement and any pricing or other proposals. 621 ti Each party's Confidential Information will, for a perlvd of 3 years (oil Ing Its disclosure is the other party (except In the case a! software, wh}ea`r is lndeflreits): (a) be hold In confidence; (b) be used and transmlttsd between Countries only far purposes of using the Services or performing this Agreement (including in the case of AT&T, the abiiltar to Utilize Customer's Confde;ntla' lakirrmation in Drder to detect fraud, check quality, and to operate, maintain and repalr the services); and (c) not be disclosed, except to the receiving party's employees, agents and contreetors having a need -ba -know (but only if such agents and contraztars are not direct competitors of the other party and agree in writing to use and disclosure restrictions as -restrictive as this Section 5), or to the extent authorized to be revealed by law, governmental authority or legal process (but only If such dlachmre Is limited to that which is so authorized and prompt notice to provided to the discteslmg party to the extent practicable and not prohlblted by law, governmental authortlyor legal processk 563 Exception$. The restrictions in this Section wff not apply to any information that: (a) Is independently developed by the receiving party; V is lawftrtly received by the receiving party free of any obligation to keep it confidentiaa; or (c) becomes generally available to the publio otherthan by breach of this Agreement 5.4 Privacy Laws. Etch party is responsfbte for complying with the privacy laws applicable to its business, If Customer does not want AT&T personnel to comprehend Customer data to which they may have acorea in per Ing 3enripet. Customer should encrypt such data so that it will be unintelligible, Until dlrocted otherwise by Customer in writing, if rvi designates a dedicated soca=east representative as Custor.Nrs primary contact vukh AUT, C�rstomeifr suthvrizes that representative to discuss and disclose Customer's customer proprietary network information (CPNi) to any employes or argent of CustorrW without a need for herther authe nticatlon cr aulhortzat: YV4JOVJyLJ , Jnr I V.I JO a, , VI -VI -4v1 IV - 8, DISCLAWERS AND LIMITATIONS OF LIABILITY 6.1 Disclaimer of Wzrranticx, AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY RFPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE, NON -INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE (7 TRADE OR COURSE OF IIEALINQ FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEP)iONa GALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TQ 911 OR ANY SIMILAR EMERGENCY RESPONSE NUM8ER), OR GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SU9JECT TO LOAD BALANCING, OR THAT AT&T'$ SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF, OR IMPROPER ACCESS TO, CUSTOMER'S DATA AND CONRUENTIAL INFORMATION. ENT 0.2 Limitation of LiabtNty (a) AT&TS ENTIRE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY, FOR DAMAGES ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN THE SERVICES, AND NOT CAUSED By CUSTOMER'S NEGLIGENCE, SHALL IN NO EVENT EXCEED THE APPLICABLE CREDITS SPECIFIED IN A SERVICE PUBLICATION OR PRICING SCHEDULE, OR IF NO CREDITS ARE SPECIFIED, AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE TO CUSTOMER FOR. THI: PERIOD OF SERVICE DURING WHICH SUCH MISTAKE, OMISSION, INTERRUPTION, DELAY, ERROR OR DEFECT IN THE SERVICE$ OCCURS AND CONTINUES. iN NO EVENT SHALL ANY OTHER LIABILITY ATTACH TO AT&T. (b) SECTION 8.2(a) WILL NOT APPLY TO; (i) BODILY INJURY, DEATH, OR DAMAGE TO REAL OR TANGIBLE PROPERTY DIRECTLY CAUSED BY AT&T'S NEGLIGENCE=; (it) BREACH OF SECTION 5 (Confidential Information), SECTION '10.1 (Pcbticity). OR SECTION OO.x (Trademarks), (iii) SETTLEMENT, DEFENSE OR PAYMENT OBLIGATIONS UNDER SECTION 7 (Third Party Claims); OR Civ) DAMAGES ARISING FROM AT&T'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. (c) NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR SPECIAL DAMAGES, INCLUDING. W;iHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE. SAVINGS OR REVENUES, OR INCREASED COST OF OPERATIONS. C-3 Disclaimer of Liability, AT&T WILL NOT BE LIA13Lt; FCR ANY DAMAGES, EXCEPT TO THE EXTENT CAUSED BY AT&T'S GROSS NEGLIGENCE OR WMLL,I:UL MISCONDUCT, ARISING OLT OF OR RELATING T0: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT. OR NETWORKS PROVIDI C BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS, OR INTERRUPrONS (ExcEPT FOR LIABILITY FOR SUCH EXPLICITLY SET FORTH IN THIS AGREEMENT); ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETINe CALLS OR OTHER TRANSMISSION$ (INCLUDING 911 CALLS OR ANY SIMILAR EMERGENCY RESPONSE NUMBER); LOST OR ALTERED MESSAGES OR TRANSMISSIONS', OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, OR DESTRUCTION OF CUSTOMER'S, ITS AFFILIATE'S, USERS', OR THIRD PARTIES' APPLICATIONS, CONTENT, 17ATA, PROGRAMS, CONFIDER'TIAL INFORMATION, NETWORK, OR SYSTEMS. E.4 Application and Survivat The disclaimer of warranties and tirnkations of liability sat forth In this Agreement will apply regardless of the form of action, whether in contract, equity, to. t, strict liability Or Otherwise end whether damages waro foreseeable, and will apply so as to 1knit the liability of each party and Its Affliates, and (heir respective employees, directors, subcontractors, and suppliers. The timitatlonx of pab*i y and diSCWMars set out in this Section B will survive failure of any exriusnre remedies provided in this Agreement T. THING PARTY CLAIMS 7.1 AT&T's 0111192tions. AT&T agrees at Its expense to defend or settle any third -party dein against Customer, ft A�Itlatas, and its and the respective emproyees and directors, and to pay all oompensetcry Damages that a court may fln award against such partlas to the extent the ciarm alleges that a Service provided to Customer under this Agreement infringes any patere, trademark, ccpyng ht, or trade secret, but not in circurnstances when: the claimed inffingament wimm out of or results from: 0) Customer's. its Af hate's or a User's content; (i) modifications to the Servioe by Customer, its AfMa6es or ua—ver l.pdf AT&T and Customer Confidential Information Page a of 9 UA VER I 07N4/M aGRm 10 �� '�VYJOVY•a�) I)HV third parties, or combinations swr of the SaM Custarne�s or Its Af111iate,s wrcs t4th any 89rVIC09 or producf8 not provided by AU'T; 0) AT&T's adherence to itten requlrernena; or (d) use of the Serylos In violation of this Agmeement 7.2 Cuaeorner's Obllgat3ons. Customer agrees at its expense to defend or setje any thlyd,pa�r claim against AT&T compeATV'nsatory atorAffilfsles, and its and ft�efr reapectivc employees, directors, sub=ntrectors, and suppliers, and to pay al carnpen9aiory Damages that a court may flnelty award against su-.-h parties to theextent the claim: (a} arises OL or r's, its Afniiate's, or a Users access to, or use at, the Sarvic" and Me claim Is neat the responsibility of AT&T Un Cuatomader Seotton 7.1- (b) altagas that a Service Infringes any patent, trademark, oopyfrght or trade secret, and falls within the exceptions In Section 7.1; ar (c) alleges a breach by Customer, !ts Affiifiatim, or Usere of a software Hcense agreement govarning software provided in Connection with the Services. 7.3 Infringing Services. Vll+renever AT&T i6 I able under Section 7, 11, AT&T may eat its option alter procure the right for Customer to continue using, or may replace or modify, the alleged Wringing Service so that the Service becomes non - Infringing. 7.4 Noor& and Cooperation, ThQ party seeking defense or sattlernpnt of a third party claim under this Sscd n 7 will notify the other party prorreptfyr open Is�Rming of any claim ler which defense or setUrriont may be sought, but faNure to do as will haves no effect except to the extent the other party is p14udloed thereby. The Party allow the other parll ry to control the defense and settlement of the clalm aril will reasonably cooperate with deor ���fen� but the defending party wilt use counsel easonabiy experienced in the subject matter at isaua, and will not settie a claim wfthcut the consent of the party being defended, which consent wfil not be unreesonably wlthheld or delayed, except that no consent will be required where fellef on the chic m is limited to monetary dam ages that are paid by the defending party under this Section t. B_ SUSPIWBION AND TERMINATION 9.1 Termination of AgrsQment, This Agreement may be termiistad immedtataly upon rot oe by elEher part}r if the other party becomes Insolvent, ceases apera:bns, is the subject of a ttankruptcy petition, enlors noceivorship or any state Insolvency proceeding, at makes an assignment for the benefit of its creditors. 8.2 Termination or 3uepsnsion of Ssrvlces. The following additional termination provfs,ons apply {ej Fraud or Abuse. AT&T may terminate or suspend an affected Service, and if the activity hpicates %he entire Agreement, terminate the entire Agreement imm4iately by providing Customer with 9S much advance nam as is reasonably practicable under the circumstancaa if Customer: (i) commits a fraud upon AT&T, (il) utilizes the Service to commit a fraud upon another party; (iii} tsnfawfully uses the Service; Qv) abuses or misuses AT&T's network or Service; or (v) interferes with anolher customer's use of AT&i's network or services. (b) Material Bivactt It elt'mer party tails to perform at observe any material term or oondition of this Agreement, including non-payment of charges (subject to Section 4.5 — Delayed Billing; Disputed Charges), and suoh failure can6nue5 unremedied for 30 days after receipt of notice, the nen-breaching party rosy terminate ttre affected Service, and if the bream Impticetes the enure Agreement, terminate, the endre Agreement If Customer is In breach, AT&T may elect to suspend (and later terminate) the affected Service, and if the breach implicates the enure Agreement, suspend (and later terminate) the entire Agreareant {c) Materially Advvree change. If AT&T revises a Service Publication and the revision has a metertaily ROD= Impact cn Cusbornw, and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after notice from Customer, than Customer may, as Customer's sole remedy, elect to terminate the affected SerAgp Components an 90 days' notice to AT&T, givon not later than 90 days aftse Customer fifat learns of the revision to the Servioe Publication. However, a rovVen to a Service Publication wTR not be considered materially adverse to Customer if it Chenpea prices that are not Axed (stabffzsd) in a Pricing Schedtif% if the price change was rnanciated by a govemmental authority, or if the change affects a charge bnpossa under Section 4.2 (Additional Manges and Taxes). (d) Internet Services, It Custorner fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the appitcable Portion of the Service. AT&T has the right; however, suspend Cr terminate the applicable por#i4n of the Service immediately when; (1) ATAT's suspension or termination is in response to multiple or repeated AUP violations or complaints; (i) AT&T Is acting In response to a court order or ge"Mmentsl ncdoe tf:art certain conduct must be stopped; or (01) AT&T reasonably determines., (a) that it may be exposed to sanctions, liability, prosecution, or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) that such violation may cause harm to or interfere with the Integrity or normal operations or security of AT&T's network or networks with which AT&T is Intevoonneded or interfere with another customer's use of AT&T ssrAm or the Internet; or (c) that Such violation otherwise presents iramirmnrt risk of harm to AT&T or ATM cWcmersortheirrespective employees. uw yeri-Of AT&T and Customer C013t7dentiad Information Page 6 of 9 CA VER 1 07114008 eGR&IID �� YVYJO V.:rY4J IJI{.J I V. iJ. JJ a..'l. V,—Vi-4V �, It ice+ (e) Infringing Services:. If re&,er of the Options described in Section 7.3 (Infringing Servicea)are reaaanably avaliable, AT&T may terminate the effected Service without pabillty other than as stated in $action 7.1 (AT&Ts Obligations). (f} Harzaardaua Miftrials. If AT&T encounters any Hazardous Wc8terleLs at the Sita where AT&T is to install, Maintain or pravlde Service&. AT&T may terminate the affecWd Service or Service Component, or ampend perflounanoe Lm8l Customer removes and remediates Hazardous Materials at Customer's expense in aeoordanee with appiicable lata►. 13.3 Withdrawal of Services. Notwithstanding that a Prtr3np Schedule may oorrnft AT&T to provide a Service to Customer fora Pricing Schedule Term, and unlass appiicebis law or -egulatlon mandates otherwise, AT&T msy discontinue pmvidfng a Service upon 12 months' notice, or a Service Component upon 120 days' notice, but only where A &T ganar2 discontinues providing the Service or Service Component to sfmfaarfy-altuated cuatamere. $A Effect of Terminftom (a) Termin8iion by efthar party of a Service does not waive any other rights or remecCw a party may nava under this Agreement Termination or suspension of a Service Wjl not of ;t the rights and obligattions of tits perdtss regarding any other Service. (b) If at Sastvfca or Service COmpanent is terminated, Customer will pay all a+nounta Incurred pilar to the e%ctilve date of tarrn*atlon. If Customer terminates a Service Or Servfca Component prior to the date Customer's obligation to pay for Services begins as provided in Section 4.3 (gluing). Customer will reimburse AT&T for time and materials inowred prior to the 8"etive date of termination, plus any third party Chwges resulting from the termination. 8.5 Termination Charges, (a) if Customer termInaatss this Agreement or an aPfeoted Service or Service Corr portant Pursuant to ctTons 13.1 (Tgrinirtatiori of Agreement). 8 2(b) ;Material Breach), or &2(c) NaWd011y Adverse Change), AT&T tem*wtQs as Service pursuant to Sectlon 8.2(e) (ir1oll&9 Servkes), ar AT&T withdraws a Service pursuant to Section $,3 Withdrawal of Services), Custenaerwiil not be liable for the termination charges sat forth in Section 8.5(b). (b) if Customerterminatss a Service or Service Component otherthan as set forth in Se°tiarti S. 6(a). arAT&Tterminates an affected 8ervios or Service Component. pursuant to Sections 8.1 lTennlnatlon of A On S.6(grqqm@). r AT&T terminates (Fraud es Abuse}, 8.2(b) (Material Breach), 8.2(d) (Internet Services), or 8.2(f) (Hazardous Matertalsl Customer will posy or applicable termination charges as fopows; (i) if termination occurs before the and of the M1111murn Payment Perlod, C:Jslomer will pay 60% (unless a3 different penwntage Is specified in the Pricing Schedule) of tl'aa monthly recurring Charges for the ta'Tnlnated Service Cr Service Component multiplied by the months remaining in the tWninmum Payment Period, plus any waived or unpaid non-recurring charges identified in the Pricing Schedule (including, but not umiled to, any and all charges for failure to satlsy a Minimum from a iRelention Period (MRP)), plus an y rcharges,47& f hjrd party (e.g., not an AT&T A?�fWe) due to the termination, all of which will, If applicable, Incurred by be aAPW io Customer's MARC -Eligible Charges, and (11) it Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC, after apphmg amounts received pursuant to (i), for the balance of the Pricing Schedule Term. (°) Tho charges set forth In Section 8.5(b)(11) ,evil[ not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site. but only if (1) the Minimum Peymerrt Period and associated charge for the API12cernent Service Component are aqua to or greater than theMinnd aassacleted Publtcatfon. imum payment igriod a charge for the terminated Service Component and (9) the upgrade is not restricted in the applioa la Service g. IMRORTIEXPORT CONTROL The parties acknowtedge that equipment, sarvices, software, and technical l0brmation (including technical assistance and trarin%) provided under this Agreement may be subject to import and export laws. convarttions or ra gul&fl", and any use or transfer of the equipment, products, scftwars. and technical jnformattfon must bo in compliance with all such laws, Conventfonz and regulations. The parties will riot use, distribute, transfer, or tranarnit the egraipment services, software, or technic*, lnfomiedon (even if incorporated Into other products) except in compilance, whh sett Ia .con Cuelnmer, not A7 -&T, is responsible for complying with such laws, conventions and tegui Va ventions and regulations, for all information, equipment and saftwary Customer Iran area laetween countries using the services. 10. MISCELLANISOUS PROVISIONS 10.1 Publicity. Neither party may Issue any public statements or announcements retatidg to the terms of this Agreement or the provision of Services without the pr)or wri ten consent of the other party. ua-varJ.pdf UA VER 1 071140 AT&T and Customer Confidential information Page 7 of 9 eCRM 10 YV4JQvJj I Jhiu IV. fvCl ..111. IJ r 14 10,2 Trademarks. Eacb party agrees not to display or use. in advert,Sing ar otherwise, any of the otter party's trade names, Iogos. trod®marks, servlce marks, or other indicia of origin without the Other party's MOT v#Tftn consent, which consent may be revoked at any time by rneece. 11}.3 Forte Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure In perk mance, loser or dQrrraga due to ffr% explosion, cable cuts, power blackout earthquake, flood, strike, embargo, labor disputes, acts of dvt or military authc . war. terrorism, 8cts of God, acts of a publsc emmy. acts or omissions of carriers or suppliers. acts of regulatory or gowmmental agencies, or other oauses beyond such party's reasonable control. 10A At Ioximents and Waivers. Any supplement to or modification or waiver of any provision of this r In writing and signed by authorized representatives of both parties . A waiver by either party of any breach o,Snant must be will not operate as a waiver of any other breach of Eti Is Agreement. Agreement 10.5 Assigtnnent and Sit beontracdng, (a) this Agreement may not be assigned by either party without the prior written consent of the other party (whin consent will not be unreasonably withhold or deleyea7. Customer may, Without AT&Ts consent but upon notice to AT&T, assign ir, whole or relevant part, its rights ertd oblIgatlons under this Agreement to an Affiliate, but Customer wilt rema'n finenchelly responsible for the performance of such obligations. AT&T may, wlttrout Cuetomar'as consent, assign in whole or relevant part, Its rights and cbllgatians under this Agresmaat to an Affllfata, or subcontract to an Affiliate or a third party work to be performed under this Agmernant but AT&T will in each such case r to an financially responsible for the performance cfsuoh oblioatio:'rs . (b) In oeuntries vitiate AT&T does not have an Affiliate to provide Service, AT&T may assign Its rights and obligations related to a Service to a local service provider, but AT&T wW rernein responsible to Customer?or such obligallona. in certain countries, Customer may be required to contract directly with the local service provider. (c) Any assignment other than as permitted by this Section 10.5 N Vold. 10.6 Severability. If any porHcn of this Agreement Is found to be invalid or unenforceable or if, notNfthatanding Section 10.10 (Governing law), applicable law mandates a different interpretation or result, the remaining provisions wilt remain !n effect and the parttas will negotiate In good faith to Substitute for such Invalid, illegal, ar unenbrraeable provision a mualn In aoGeptistsieprovision cons'sten#with the original Intemlon of the parties 10.7 tnjunotive Relief_ Nothing In this Agreement is intended, or should be construed, to limit a party's right to seek prellminary or permanent injunctive rt4w from a court of competent; uriadiction fora breach of any pravisfon of this Agreement 10.8 legal Action. Any legal action arising in connection with this Agreement must be filed within 2 years after the pose of actlon accrues or it viii) bs deemed tirr "erred and waived, The parties waive any atatute of lirnitationa too the contrary. 10.9 Notices. All natoas required under this Agreement will be delivered In writing to the recipients contact designated on itre cover page 00 15 Master Agreement, or to such other contact as designated in writing from time to time. Mottoes salad be by Internationally r&cOgnirsd overnight courier, certified or registered mail, email, or facsimile and Will be effective upon receipt or when delivery 1s refused, which"oroccurs sooner, 10.10 Governing Law, 'Faris Agreement will be governed by the law of the State of New York, without regard to is oranAict of law principlss, unless a regulatory agency with jurisdiotlon over the applicable Service applies a different law. The 13niisd Nations Convention on Contraa#s for International Sale of Goods wig not apply. 10.11 COrnpliance with Lawn. Each party will compiy wph all appllcabie laws, regulations, and orders issued by courts or other governmental bodies of carnpetCnt Jurladictlan_ 10.12 No Third patty 6artedfciaries. Th's Agreement Is for the benefit of Ctrstcm@r and AT&T, and does not provide any third parly (Inducing Users) the right to enfbma or bring an action for any remedy, cialm. Iiabli ty, reimbursement, cause of action, or other right or pffviege. 10.93 Survival The respective obligations of Customer end AT&T that by their natant would continue brand t#e termination or expiration of this Agreement, Including witFout llrrrtte#ton, the obllgatiarrs set Earth In Ssctiort 5 (Confidwrtfai %xpInforrrrallan}, Sadler 6 (Disclaimers and L[mitatiorts of LiabMW, and Section 7 (Third Party Claim@), WM aurvive termination or expiration, 10.14 Agreement Language. The auhlentio language of lhia Agreement Is Fngiistt. If there is it conflict between this Agreement and any translation, the English version will take precedence. Ea Wr. j pdf AT&T and Customer Confidential infornution Page 8 of 9 UA VER i OT1140 eCRU ID YVY70V�YLJ IJhIV IV. fV. JW d"IJ. V, -V I -LV— I1�- 10.15 Entire Agreement. This Agreement cOnsti U*S the entire agreement between the parties Wb respect to the SenrtQes provided under this Agreement. Except as provided in Section 13 (Software), this Agr+ertment RUP801114det ail other agreements, prnpasals, repteaentarinns, staternents or understandlrsga, whether written or oral, concerning the S4rvlosa or the rights and ahli{peti ms re&Ung to the Services, and the parties draclalrn any rvliarim thereon. This Agreement v4 not be modified or supplemented by any wrrttan or oral statements. proposatel repr"entations, advertisements, service d®scriptions ar purchase order forms not expressly, seat forth in ti'tJs Agreement_ 11. DEFINITIONS The following terms have the meanings set forth below, "Atfilrate" of s party mean$ any entity that controls. Is c0ntrolle4 by, or is undfiroo mon contmi with. such party. 'Damages' means collectively all injury. damage, iiability, foss, penalty, Interest end expense iaourrad. "Etfecttae Date" means, for any Pricing Schadute, the elate on which the fest party signs the Pricing Schedule unless a later date is required by regulation or law. W RC►Etigible Charges' means, unless the appJtcable Pricing Schedule lrvdlca*s otherwise, the rec;u wig and usage charts, after deducting applicable discounts and credits (other than Wage or SLA credits that AT&T chargesCuetomert'or the Services identiffed in the applicabre Pricing Schedule as MARGcontritruting, The fcVOWrq are not MARC-ftble Charges: (a) charges for or in connection with Customer's purchaee of equipment, (b) twces, and (G) charges Imposed In connealion wrah govemrnsntally Imposed costs or files (each as USI;, P000, Payphane service provider compermom, E.91 t and deaf relay charges), 'Minimum Payment Psrfod'I means, In respect to any Service, the rrftmum period for which Customer Is required to pay recurring charges far the Service, as soea8ed inthe Pr,' n Schedules or Servlae Pubitcation for that Service. "Minimurn Retention Period" means, In respect to any Service, the period of time for which Customer is required to rnaintarn service to avoid the payment of certain credits, waived charges, or unpaid amortized charges, an as sper0ad in the Pricing Schedule or Service Publtcetion for that Service. "Service Cornporient` means an indMdual component of;a Servlceprvvided under this Agreanwt 'Sits" means Ccrstomer's physical location, including Custromer's codtccation space on AT&Ts, its Affillates, or subcontractor's Property, where AT&T installs a provides a Service, rua-ver i pdf AT&T and Cusbmar Confidential Irtfxtrmat,ion Pago 9 of 9 UA 1FR t 07M40 eCRM 10 HOME OF ' mit ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of U14-Ol/VC14-02 — 14505 Batesville Road, by LRF Milton, LLC — To Operate a bed and breakfast (Sec. 64-1802) with Four Guest Rooms within an Existing Home and a Concurrent Variance to Increase the Building Setback along Batesville Road from 20 Feet to 400 Feet [Sec. 64-1145(3)(a)]. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQ V UIRED: M YES Y) YES O APPROVED O NOT APPROVED q �' � CITY ATTORNEY REVIEW REQUIRED. APPROVAL BYCITYATTORNEY PLACED ON AGENDA FOR.- REMARKS OR: REMARKS () NOT APPROVED () NO () NO AL You PHONE: 678.242.2500 1 FAX: 678.242.2499 ,Green_ r *czar; a* rop,00 „ �,� tF E C info@cifyofmiltonga.us i www.cityofmiltonga.us �ommunity -,. Ethics �,,� _ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "'"" e`L� Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 1 of 14 PETITION NUMBERS U14-01/VC14-02 ADDRESS 14505 Batesville Road DISTRICT, LAND LOT 2/2, 661, 662, 663, 706, 707, 708 OVERLAY DISTRICT Northwest Fulton Overlay (At the time of Submittal) EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Bed and Breakfast (Sec 64-1802) ACRES 80.12 EXISTING USE Single Family Residence, barn, and accessory structures PROPOSED USE Bed and breakfast with four break rooms OWNER/PETITIONER LRF Milton, LLC ADDRESS 14505 Batesville Road Milton, GA 30004 REPRESENTATIVE Richard Allan Kaye, Esq. ADDRESS 1600 Parkwood Circle Atlanta, GA 30339 To operate a bed and breakfast (Sec 64-1802) with four guest rooms within an existing home and a concurrent variance to increase the building setback along Batesville Road from 20 feet to 400 feet (Sec 64-1145(3)(a)) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 2 of 14 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U14-01- APPROVAL CONDITIONAL VC14-02- APPROVAL CONDITIONAL PLANNING COMMISSION RECOMMENDATION U14-01- APPROVAL CONDITIONAL – 6-0 VC14-02- APPROVAL CONDITIONAL – 6-0 Staff notes that there were two residents of the Valmont subdivision who came to speak in opposition to the proposed bed and breakfast. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 3 of 14 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 4 of 14 Existing Zoning Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 5 of 14 Future Land Use Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 6 of 14 SITE PLAN SUBMITTED – MAY 28, 2014 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 7 of 14 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with a 10,500 square foot single family residence and other accessory structures built between 1910 and the present on 80.12 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on May 28, 2014, Staff offers the following considerations: In the applicant’s letter of intent received by the Community Development Department on May 28, 2014, it indicates that the applicant seeks a Use Permit for a Bed and Breakfast within the 10,500 square foot house to be in conjunction with a future wedding event facility. Staff notes that the request for the Rural Event Facility Use Permit will come before the Planning Commission on August 27, 2014 for review. Only this structure will be utilized as a bed and breakfast and not any of the other buildings on the approximate 80 acre farm. Further, the applicant states the following, “It is the applicant’s intent to preserve the nature of the property and showcase its beauty.” Bed and Breakfast (Section 64-1802) Required Standard Meets the Standard 1) A minimum of two guestrooms and a maximum of five guestrooms are permitted. Requesting four guest rooms/Yes 2) No parking in the minimum front yard. Parking is located outside of the minimum front yard/ Yes 3) The bed and breakfast shall be owner occupied. The applicant has indicated that the owner will be residing in the bed and breakfast/ Yes 4) Permitted curb cut access shall not be from a local street. Access is from Batesville Road and is not a local street/Yes 5) The minimum landscape and buffer areas shall be required as specified in article III of this zoning ordinance for the AG-1 agricultural district. The Northwest Fulton Overlay requires 10 foot landscape strip along road frontages and a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to the north and west property lines (Sec 64-1141 (3)(b)) . There is sufficient room to meet these requirements/Yes 6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning ordinance. See explanation below/ Yes 7) Identification or advertising signs shall be limited to four square feet in surface area and four feet in height Yes Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 8 of 14 Northwest Fulton Overlay District Based on the fact that the current use is a single family residence and the request is a non-residential use, the application comes under the purview of the Northwest Fulton Overlay District. The proposed use and development is in conformance with the requirements of the Northwest Fulton Overlay with the exception of the building setback discussed below. The applicant is requesting the following concurrent variance. VC14-02 - To increase the building setback along Batesville Road from 20 feet to 400 feet (Sec 64-1145(3)(a)) Based on the date of application, the proposed Use Permit for a bed and breakfast is required to follow the Northwest Fulton Overlay as it was written prior to the amendments approved by the Mayor and City Council on June 16, 2014. The bed and breakfast is proposed to be within the existing10,500 square foot home located approximately 400 feet from Batesville Road. The Northwest Fulton Overlay District requires non-residential buildings to be located 20 feet from the edge of the required landscape strip or easement. I t is Staff’s opinion that the granting of this variance would not offend the spirit or intent of the zoning ordinance. Secondly, based on the fact that this requirement, if strictly applied would create an unnecessary hardship because of an extraordinary situation not caused by the applicant based on the location of the structure prior to the adoption of the Overlay. Thirdly, relief if granted would not cause a substantial detriment to the public good and surrounding properties. Lastly, the public safety, health and welfare are secured and substantial justice is done. Therefore, Staff recommends APPROVAL CONDITIONAL OF VC14-02. City Arborist The proposed Use Permit will not impact any specimen trees based on the fact that there will be minimal improvements to the site . Fire Marshal The bed and breakfast will be required to be sprinkled and provide handicapped accessibility. The ingress and egress is sufficient for emergency vehicles to provide services to the site. Public Works Department 1. Stopping sight distance profile is provided and traffic memo states intersection sight distance is adequate. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 9 of 14 2. Driveway width and radius returns within the right of way do not meet standards. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are wetlands, floodplain, and streams including the Little River. In addition there are specimen trees but will not be impacted by the development. There are no slopes exceeding 25 percent, endangered vegetation or wildlife on the site. Public Involvement Community Zoning Information Meeting On June 24, 2014 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one else in attendance at the meeting. City of Milton Design Review Board Meeting Courtesy Review – July 8, 2014 The following comments were made at the meeting: This is a good use of the property. The proposal fits the rural character of Milton. Public Participation Plan and Report The applicant submitted the Public Participation Report on June 23, 2014. The public participation meeting was held on June 17, 2014 at 7:00 p.m. at the proposed site. There were no members of the community to attend the meeting. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subjec t use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 10 of 14 The proposed development is located in the Agricultural, Equestrian, Estate Residential (AEE) land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit is permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policies are consistent with the proposed use: “We will support programs that retain, expand and create businesses that provide a good fit for our community’s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City.” “We will encourage the preservation of natural resources areas and preserve contiguous green open spaces development of land in appropriate designated areas as development occurs.” ”We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place.” 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is adjacent to the Little River which is the border between the City of Milton and Cherokee County. To the north and east there are single family residential subdivisions with minimum one acre lots. To the south is the Atlanta National Golf Club. It is Staff’s opinion that the bed and breakfast is compatible with adjacent and nearby properties if it is approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use is in violation of one requirement of the Northwest Fulton Overlay District. The applicant is requesting a concurrent variance to come into compliance with the requirement. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The type of proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be minimal as the frequency and timing occurs during off peak times during the weekend hours and typically not during the week. 5. The location and number of off-street parking spaces; Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 11 of 14 The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed use: Hotels and Motels Ratio Number Spaces Required Number Spaces Provided 4 rooms 1 per room 4 8 6. The amount and location of open space: The proposed site provides for a large area of open space which primarily surrounds house and accessory structures. 7. Protective screening: Based on the site plan submitted, there is adequate area to provide the required 75 foot undisturbed buffer and 10 foot improvement setback. In addition, there is already a requirement of a 50 undisturbed buffer and 25 foot non improvement setback along the Little River on the west boundary of the site. 8. Hours and manner of operation: The applicant has not indicated hours of operation. Staff makes the assumption that the house will be accessible twenty-four hours a day to serve their guests. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Night Sky Ordinance. 10. Ingress and egress to the property. The proposed ingress and egress to the bed and breakfast is via Batesville Road. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 12 of 14 CONCLUSION If approved with the Recommended Conditions, the proposed bed and breakfast is consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U14-01 be APPROVED CONDITIONAL. Regarding the Concurrent Variance, Staff recommends APPROVAL CONDITIONAL of VC14-02. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 13 of 14 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Bed and Breakfast CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing accessory buildings shall not be expanded in size as depicted on the site plan received by the Community Development Department on May 28, 2014. b) The number of guest rooms shall not exceed four (4) within the 10,536 square foot house depicted on the site plan received by the Community Development Department on May 28, 2014. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on May 28, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 400 foot building setback for the house utilized as the bed and breakfast along Batesville Road. (VC14-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on August 18, 2014 8/14/2014 U14-01/VC14-02 Page 14 of 14 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way ORDINANCE NO._______ PETITION NO. U14-01/VC14-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1802) FOR A BED AND BREAKFAST ON 80.12 ACRES LOCATED AT 14505 BATESVILLE ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 18, 2014 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed so that the following property located at 14505 Batesville Road, consisting of a total of approximately 80.12 acres as described in the attached legal description, a Use Permit for a bed and breakfast with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 661, 662, 663, 706, and 707 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for a bed and breakfast listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1802 of the Zoning Ordinance of the City of Milton with the approved concurrent variance; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 18th day of August, 2014. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Bed and Breakfast CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) The existing accessory buildings shall not be expanded in size as depicted on the site plan received by the Community Development Department on May 28, 2014. b) The number of guest rooms shall not exceed four (4) within the 10,536 square foot house depicted on the site plan received by the Community Development Department on May 28, 2014. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on May 28, 2014. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 400 foot building setback for the house utilized as the bed and breakfast along Batesville Road. (VC14-02) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) a) Access to the site shall be subject to the approval of City of Milton Public Works Department, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. At a minimum the following shall apply: i. Driveway(s) shall meet required intersection sight distance and shall be certified by professional engineer ii. Driveway(s) shall be improved within the right of way SITE PLAN SUBMITTED MAY 28, 2014 .1► HOME OF ` ' ivil ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-12 — To Amend Article XIX — Crabapple Form Based Code. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES O NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: $ 8 t T REMARKS 1 ®10Youn _ PHONE: 678.242.25001 FAX: 678.242.2499 ''Green *C ,tifird Communit �""y °f �k QAUFE r info@cityofmiltonga.us i www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 _ C[RTIR IEO •pOMI[ - �j B�L� To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 30, 2014 for the August 18, 2014 Regular Meeting (August 4, 2014 First Presentation and August 11, 2014 for Council Work Session) Re: Consideration of RZ14-12 – Crabapple Form Based Code and RZ14-13 – Deerfield Form Based Code - Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed amendments to both of the form based codes are virtually identical. There are two primary issues that are addressed in the amendments. 1) To clarify that the properties located within the boundaries of both the Crabapple and Deerfield/Hwy 9 Form Based Codes are subject solely to their respective ordinances and not subject to the remainder of the Zoning Ordinance, unless expressly indicated in their respective ordinances. In order to accomplish this, we suggest revisions be made to both the Form Based Codes. Listed below are the pages where edits were made for this purpose: RZ14-12 - Crabapple Form Based Code Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5 Page 9 – Article 2.1.2, Article 2.1.3, Article 2.1.4, Article 2.2.2 Page 10 – Article 2.3.1 Page 15 – Article 4.1.1 Page 16 – Article 4.1.3 Page 30 – Article 6.1.1 Page 31 – Definitions Pages 38 through 41 – Article 7.1.1 2 RZ14-13 – Deerfield/Hwy 9 Form Based Code Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5 Page 10 - Article 2.1.2 Page 11 - Article 2.2.2, Article 2.2.2.i Page 18 – Article 4.1.1 Page 19 – Article 4.1.3 Page 37 – Article 5.1.1 Page 38, Page 39, - Definitions 2) To clarify the ability of the City to “sell” their development rights to others. This was accomplished by amending the definition of “Transfer of Development Rights” on page 36 of the Crabapple FBC and page 43 of the Deerfield/Hwy 9 FBC. The last amendment is to delete the requirement of half-round gutters within the Crabapple Form Based Code. Over the past two years since the adoption of the ordinance, every builder has requested a warrant for this requirement. It is still an option but not required. Staff proposes to allow “ogee” gutters which are the typical type of gutter installed on homes. This is only found in the Crabapple FBC and is on page 27. The Planning Commission reviewed both text amendments on July 23, 2014 and unanimously recommended Staff’s proposed amendments. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey and Larry Ramsey - Jarrard & Davis (July, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-12 and RZ14-13 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. CRABAPPLE FORM-BASED CODE RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 1 ARTICLE XIX. CRABAPPLE FORM-BASED CODE [9] ARTICLE 1. - GENERAL ARTICLE 2. - REGULATING PLANS ARTICLE 3. - PUBLIC STANDARDS ARTICLE 4. - BUILDING SCALE PLANS ARTICLE 5. - STANDARDS AND TABLES ARTICLE 6. - DEFINITION OF TERMS ARTICLE 7. - ARCHITECTURAL STYLES FOOTNOTE(S): --- (9) --- Editor's note— Printed herein is the Form -Based Code of the City of Milton, Georgia, being Ordinance No. 12-06-136, as adopted on June 18, 2012. Amendments to the Form -Based Code are indicated by parenthetical history notes following amended sections. The absence of a history note indicates that the section remains unchanged from the original Form -Based Code ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets. (Back) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 2 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Crabapple, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate differ ent needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Crabapple. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self -governance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 3 m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Crabapple should be secured through form -based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64 -1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 12 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4. The provisions of this code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicat ed in this code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which sh all be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Crabapple Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of this code. 1.3.4 The standards for Transect Zone T4 shall also apply to zones T4 -Restricted and T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District Special Districts shall be governed by the standards of the base zoning as indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 4 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single - family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Within historic districts or properties, the historic preservation commission, as set forth in Article XVII of this zoning ordinance, shall review plans for all development in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. Where a site partially occupies a historic district, the historic preservation commission's review shall be limited to the portion within said district. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be de termined by the community development director except where specifically prescribed in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64-1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64-1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 5 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transe ct Zone by Table 10 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 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 shall be exchanged for Functions at the following rates as established in Table 8B: 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 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 6 c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space T DR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private owners hip to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this district or AG-1 outside of this district and shall contain natural or agric ultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already bee n established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the effective date of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land a s Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall 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 De nsity 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 of this district. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 7 b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Mil ton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and submit 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 TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all 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 the this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two -step process. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 1. GENERAL RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 8 Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site developmen t. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code -allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on -site and off-site TDR Receiving Sites. 1.7.9 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-12 – Text Amendment prepared for the City of Milton Planning Commission Meeting on 8/14/20148/11/20147/18/2014 July 23, 2014 Page 9 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.3 LANDSCAPE BUFFERS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications. Property owners within the plan area shall submit Building Scale Plans under Article 4 of this code in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this overlay district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Crabapple Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Crabappl e Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this overlay district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article 2 of this code: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-12 – Text Amendment prepared for the City of Milton Planning Commission Meeting on 8/14/20148/11/20147/18/2014 July 23, 2014 Page 10 f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Crabapple Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as gen erally described in Table 4 and as allowed in the Transect Zones in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 10 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimet er is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this overlay district. 2.3.2 Adjacent to a Special District the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60 -88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/2014 August 4, 2014 (First Presentation) Page 11 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Crabapple Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Crabapple Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Crabapple Regulating Plan may be provided. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare's vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.1.8 Rear Alleys shall be paved for their width. 3.1.9 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/2014 August 4, 2014 (First Presentation) Page 12 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parke d and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.3.1 A bicycle and equestrian network consisting of Greenways (which may include Multi -Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Crabapple Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Crabapple Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones as specified in Table 10 section c. c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Where this occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 372 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/2014 August 4, 2014 (First Presentation) Page 13 3.4.3 Specific to zones T3, T4, T5 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5 a. Street trees shall be planted in a regularly-spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Where approved by the public works director, on-street parallel parking may be provided in lieu of the Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted with one street tree shall still be provided between every two parking spaces. 3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372. a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. b. Civic Spaces shall be designed as described in Table 4. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for Playgrounds and Parks. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/2014 August 4, 2014 (First Presentation) Page 14 d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 15 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 OFF-STREET PARKING AND LOADING 4.9 PARKING LOCATION STANDARDS 4.10 LANDSCAPE STANDARDS 4.11 LIGHTING STANDARDS 4.12 DRIVE THROUGH STANDARDS 4.13 GASOLINE STATION STANDARDS 4.14 SIGN STANDARDS 4.15 ARCHITECTURAL STANDARDS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of this Article 4 of this code. 4.1.2 Building and site plans submitted under this code shall show com pliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 16 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Regulating Plan. 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 A property existing at the date of adoption of this code or any amendments ther eto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that shall apply. 4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Façade is a colonnade (as illustrated in Table 7). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. e. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 17 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e except as otherwise approved by Warrant. f. Façades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 10 section f except as otherwise approved by Warrant. g. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zone T3 a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said T3 zone. 4.4.3 Specific to zones T4 Open, T5 a. The Principal Entrance shall be on a Frontage Line. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5 a. Buildings shall consist of simple rectangular forms. There shall be one primary volume with optional secondary volumes. Secondary vo lumes shall butt into the primary volume. The roof form of the primary volume shall clearly dominate. Secondary roof forms shall never - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 18 dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. b. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet and the maximum overall building size shall be 36,000 square feet. ii. A group of two or more buildings that share at least one common wall will be considered as one building. c. The Private Frontage of buildings shall conform to Table 7 and Table 10. d. Buildings on corner Lots shall have two Private Frontages as shown in T able 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. e. Building heights shall conform to Table 5. f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. g. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. i. Building height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. j. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. k. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First L ayer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zone T5 a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 19 b. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. c. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer's depth. d. In the absence of a building Façade along any part of a Frontage Line, a Streetscreen shall be built co-planar with the Façade. e. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. g. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfie ld Road Shopfronts are required on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road. 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T5 a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zone T4-Restricted a. Lodging, Office, and Retail Functions shall be prohibited. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 8A. 4.6.5 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.6 Specific to zone T5 a. Industrial Functions within the First Layer may be permitted by Variance. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 20 a. Where permitted within the first Layer, fences, walls and h edges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 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 shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 OFF-STREET PARKING AND LOADING 4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 21 4.8.2 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.8.3 On-street parking along the parking lane corr esponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9 PARKING LOCATION STANDARDS 4.9.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alle ys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.9.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third Layers, except th at Driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.9.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.9.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.9.5 Specific to zones T4-Open, T5 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 4.10 LANDSCAPE STANDARDS 4.10.1 General to zones T2, T3, T4, T5 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 22 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Thick flagstone stepping-stones are permitted. d. Concrete shall be broken up with banding a maximum of 20 inches apart. Banding shall be achieved through the use of contrasting materials or texture. e. Stamped concrete is prohibited. 4.10.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.9.2 and Section 4.9.3. 4.10.3 Specific to zone T3 a. A minimum of two trees approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.10.4 Specific to zone T4 a. A minimum of one tree approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.10.5 Specific to zone T5 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.10.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 23 k. Lespedeza cuneata (sericea Lespedeza) l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.11 LIGHTING STANDARDS 4.11.1 Parking lot lighting shall meet the following standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degr ees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.11.2 Public pedestrian lighting shall meet the following standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Post styles shall be pole-top, bollard, or Shepard's Crook. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 24 4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. 4.11.4 Shoe box and cobra style lights are prohibited. 4.11.5 Light housings and posts shall be a dark color/material and be nonreflective. 4.11.6 Sodium vapor, exterior neon, and colored lights are prohibited. 4.11.7 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.11.10 Building exterior light fixtures shall meet the following standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their alley elevation. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.12 DRIVE THROUGH STANDARDS 4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.12.2 Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.12.4 Drive-through facilities shall be considered accessory structures to a building and shall be only allowed by use permit as set forth in Table 9. 4.13 GASOLINE STATION STANDARDS 4.13.1 Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 25 4.13.3 Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.11.9. 4.14 SIGN STANDARDS 4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located within the First Layer in zone T5 unless approved by Variance. Sandwich boards shall be exempt from this restriction. 4.15 ARCHITECTURAL STANDARDS 4.15.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the city architect. 4.15.2 All buildings, except single-family detached residential, shall be designed in one of the following styles as defined in Article 7 Architectural Styles: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.15.3 Single-family residential buildings shall be designed in one of the styles set forth in Section 4.15.2 by-right, or in a simplified interpretation thereof by Warrant. Notwithstanding the provisions of section 1.5.3, in considering whether to approve a Warrant with respect to architectural standards for single - family residential buildings, the community development director shall determine that the building design, while not strictly in accordance with the style requirements, meets the intent set for th in Section 1.1 and will not adversely affect adjacent properties or the public health, safety, and welfare. 4.15.4 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize one of the styles identified in Section 4.15.2 wherein conformance is achieved through the use of stylistic architectural details. 4.15.5 Except within a designated historic district, compliance with Sections 4.15.2 and 4.15.3 shall be as determined by the community development director following comment from the city architect or city design review board, as applicable. 4.15.6 Exterior Walls a. Technical and aesthetic requirements i. Wall finishes on sides of individual buildings seen from a public road shall be the same on all visible sides; architecturally significant portions must conform; - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 26 appendages or secondary wings may assume a differing finish according to visibility and architectural merit. ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty shapes are prohibited. iii. Trim shall be consistent on all sides of the building; the primary building mass or the Façade may be further embellished or enhanced. iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent. b. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding, and synthetic stone veneer are prohibited. v. Stone, brick, and mortar color and style shall match building style. vi. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vii. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three - quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. viii. Wood shingles shall be level at the bottom edge. 4.15.7 Roofs a. Technical and aesthetic requirements i. The roof slope on a single mass shall be the same on all sides, except for cat -slides and sheds. ii. Roof slopes shall match building style. iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent possible. iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered or piped, and diverted away from adjacent lots. b. Materials i. Materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated slate or wood shingles. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 27 ii. Gutters may be ogee shall either be or half-round with round downspouts, metal-lined wood, or architecturally formed or molded. Gutter finishes may be copper, unpainted galvanized metal, or color to resemble galvanized metal. iii. Wood shingles shall not drain onto metal roofs. 4.15.8 Foundations a. Foundations shall be constructed of poured concrete or concrete masonry units. b. Foundations may be finished with smooth stucco, brick, or stone. c. Front porches of wood shall be supported on masonry piers finished in smooth stucco, masonry, brick, or stone. Piers shall have a minimum width of 18 inches and a minimum depth of 8 inches. 4.15.9 Windows a. The provision of windows shall match building style. b. Technical and aesthetic requirements i. Windows and casings shall match building style. ii. Windows shall not be omitted on Elevations. iii. Window sills shall have a minimum depth of 1.5 inches. iv. Ganged windows and bays shall have a continuous sill and 4 inch mulls minimum. v. Grill between glass, reflective glazing, and pop-in grills are prohibited. vi. Windows shall be True Divided Lite or Simulated Divided Lite. c. Materials i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of 0.75 inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. 4.15.10 Doors and windows that operate as sliders are prohibited along Frontages. 4.15.11 Doors a. Technical and aesthetic requirements i. Doors and casings shall match building style. ii. Exterior front doors or doors visible from a public way, shall be har dwood, and may be stained or painted. b. Materials i. Plastic laminated, stamped metal, and leaded/beveled glass doors are prohibited. Tropical hardwoods are prohibited unless Forest Stewardship Council certified. ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut, cypress, pecan, are acceptable varieties. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 28 iii. Garage doors shall be wood, composite, or metal. Faux strap hinges, embellishments, standard paneled doors, and arched glass panels shall be prohibited. 4.15.12 Shutters a. Shutter design shall match building style. b. Shutters shall be solid-core polymers or durable hardwoods. c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited. d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank or louver shutters are acceptable. The minimum thickness of shutters shall be 1.25 inches. e. Shutters shall occur in pairs, except that windows narrower than 3 feet may utilize a single shutter. 4.15.13 Crawl space vents shall match building style. 4.15.14 Chimneys a. Chimneys shall be proportioned, tapered, and shall match building style. b. Stacks shall be faced in smooth integral finish stucco, brick, stone, or detailed as exposed metal flues. c. Siding or stucco board is prohibited as a finish material for chimneys. 4.15.15 Porches and balconies a. Technical and aesthetic requirements i. Columns shall match building style. ii. Classical columns shall be architecturally correct. iii. Railings shall be simple pickets or fretwork centered on rails. b. Materials i. Porch floors shall be wooden, brick, or stone, and shall rest on masonry pie rs finished in brick, stone, or smooth stucco. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Areas between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 29 ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.15.16 Trim a. Trim shall match building style. i. Trim shall be consistent on all sides of building masses, with emphasis on the primary building mass and façade. ii. Trim for wings not along a Frontage may be simplified to match building style. b. Materials i. Trim shall be of wooden or synthetic planks with enough thickness to conceal the edge of the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards, and similar architectural details shall be 1.25 inch thick material. ii. Pressure treated trim is prohibited. iii. All trim shall be dressed. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 30 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS 6.1.1 This SectionArticle provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article Section or in Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the this code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Façade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Façades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of this code. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 31 Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Code: Article XIX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Façade is set back from the Front age line. It is visually continuous with adjacent yards. See Table 7. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. District: property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (2 5-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 32 Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Façade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a heig ht limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Façade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Façade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Façade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Façades facing Frontage Li nes define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Façade is aligned cl ose to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi -Use Trails and Equestrian Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in su ch manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non - industrial uses. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 33 Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is i ntended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Pri ncipal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 34 Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the m ore urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Pr escriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Façade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A and Table 3B. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 35 Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Façade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of this code an d/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 36 Stoop: a Private Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Façade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights permanently reducing development potential of from areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to th e usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 37 Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64 -1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 38 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This ArticleSection provides an overview of the seven architectural styles and their colors set forth in Section 4.15.2. Because the execution of specific styles can vary, the description/definition of each style can vary and therefore, the information contained in this article may not be all inclusive. a. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, ne ver decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Mo dest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12 feet for commercial buildings, and 7 feet to 10 feet for houses. One -story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing-seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, it's form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial man ner. Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity Americans felt with the ideals of Greek democr acy. The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing. In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the form of a classical billboard, which is one of the more charming aspects of this region's native architecture. Porches vary in prominence, being either the fabled Southern full-width two-story version or the less ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys, being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek architecture are usually simplified into square adaptations. Classical details are large and bold as opposed to the earlier, mild-mannered Adam Style, with wide, - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 39 prominent entablature with Greek Doric columns being the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and vernacularized classical profiles. Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window sash are white or black. Wood-mold brick is in the red to earth range. Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in the 1850s. As its name implies, the Renaissa nce houses of Italy are its inspiration. The style is picturesque or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow hipped or gabled roofs; attic windows; tall windows that are frequently arched and clustered; iron balconies; massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of this style. Façades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usu ally internal to the building mass. In the South, there are many interpretations of the style executed in wood, with Renaissance -style ornament adapted to local skill levels. Some versions of this style are easy to construct, especially if the building material is brick, for then fundamental masonry techniques are used such as full or segmental arches, lintels, and load-bearing walls. Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and golds. Trim colors and sashes are usually painted darker than the siding. Wood-mold brick is in the red to earth range. Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival, was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a reaction to the classical styles so popular at the time of the Adam style or Federal style, and the Greek Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic of the era. Many Americans associate the style with Grant Wood's American Gothic, a painting depicting a rather austere midwestern husband and wife set in front of a plain board and batten cottage with a pointed arched window. Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches, and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as "gingerbread". Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia area. From Rome's medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become inextricably fused with the American psyche. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigen ous versions of the style usually translated into wooden-frame structures decorated with turned spindle work and free- form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 40 The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the Façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Examples exist of this style in the Crabapple Community. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, "L" configurations, catslide roofs, and vernacular forms. Wings and additions often oc cur that are subordinate in scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Façades may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on the quality of an outdoor room. Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans were not about to give up the light that they had become used to in the Victorian period. Refined stylistic detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate, wood shingle, French tile, and standing seam metal. Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and grotesques ornament. Other Colonial Revival buildings are hybridized with the Craftsman style and feature straightforward construction detailing such as out-lookers supporting broad eaves, plain Tuscan columns with no base or capital necking details, and post and beam casings. Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date. James Means, a 20th century Atlanta architect, designed Plantation Plain houses across the state of Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South. Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth wood mould brick in the red to earth range, and occasionally buff to taupe range is complimented with grape vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly raked mortar joints. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XIX. - CRABAPPLE FORM-BASED CODE ARTICLE 7. ARCHITECTURAL STYLES RZ14-12 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 41 Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820, although in provincial locations; its influence lasted until around 1840. The style developed directly from Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and its government with that of Republican Rome, with a parallel movement occurring in France. The refined ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert Adam in the development of the style. Architects such as William Jay of Savannah further developed it. Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and keystones. Classical detailing is deliberately scaled down. Façades are intentionally understated and plain. Emphasis is placed on the frontispiece and on the fine tailoring of the building. Windows are large and regularly spaced. Paint colors for siding, trim, and sashes are typically white, cream, and ligh t grey with shutters being tinted black. Wood-mold brick is in the red to earth range. b. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on "real" materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and "haint" blue. Designs that take inspiration from the Greek Revival style will display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard trimmed in white with red doors, and shaker inspired colors. The designer should research period colors and become familiar with the combinations that can be used. c. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above -noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design Guidelines for examples. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-12 AN ORDINANCE TO AMEND ARTICLE_XIX, CRABAPPLE FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 18, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article XIX, Crabapple Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of August, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) IN HOME OF ' 1Vt I L ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-13 — To Amend Article XX — Deerfield Form Based Code. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. ()APPROVED O NOT APPROVED r CITY ATTORNEY APPROVAL REQUIRED: YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY k) APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: REMARKS © y You''"` PHONE: 678.242.25001 FAX: 678.242.2499 ��-G = *Curtir„a* tY g I www.cityofmiltonga.us %%-u® Community info@ci ofmilton a.us www.cit ofmilton a.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 30, 2014 for the August 18, 2014 Regular Meeting (August 4, 2014 First Presentation and August 11, 2014 for Council Work Session) Re: Consideration of RZ14-12 – Crabapple Form Based Code and RZ14-13 – Deerfield Form Based Code - Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: The proposed amendments to both of the form based codes are virtually identical. There are two primary issues that are addressed in the amendments. 1) To clarify that the properties located within the boundaries of both the Crabapple and Deerfield/Hwy 9 Form Based Codes are subject solely to their respective ordinances and not subject to the remainder of the Zoning Ordinance, unless expressly indicated in their respective ordinances. In order to accomplish this, we suggest revisions be made to both the Form Based Codes. Listed below are the pages where edits were made for this purpose: RZ14-12 - Crabapple Form Based Code Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5 Page 9 – Article 2.1.2, Article 2.1.3, Article 2.1.4, Article 2.2.2 Page 10 – Article 2.3.1 Page 15 – Article 4.1.1 Page 16 – Article 4.1.3 Page 30 – Article 6.1.1 Page 31 – Definitions Pages 38 through 41 – Article 7.1.1 2 RZ14-13 – Deerfield/Hwy 9 Form Based Code Page 3 – Article 1.1.o, Article 1.2.4, Article 1.3.1, Article 1.3.3, Article 1.3.5 Page 10 - Article 2.1.2 Page 11 - Article 2.2.2, Article 2.2.2.i Page 18 – Article 4.1.1 Page 19 – Article 4.1.3 Page 37 – Article 5.1.1 Page 38, Page 39, - Definitions 2) To clarify the ability of the City to “sell” their development rights to others. This was accomplished by amending the definition of “Transfer of Development Rights” on page 36 of the Crabapple FBC and page 43 of the Deerfield/Hwy 9 FBC. The last amendment is to delete the requirement of half-round gutters within the Crabapple Form Based Code. Over the past two years since the adoption of the ordinance, every builder has requested a warrant for this requirement. It is still an option but not required. Staff proposes to allow “ogee” gutters which are the typical type of gutter installed on homes. This is only found in the Crabapple FBC and is on page 27. The Planning Commission reviewed both text amendments on July 23, 2014 and unanimously recommended Staff’s proposed amendments. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey and Larry Ramsey - Jarrard & Davis (July, 2014) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ14-12 and RZ14-13 - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. DEERFIELD FORM-BASED CODE RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 1 ARTICLE XX. DEERFIELD FORM-BASED CODE [10] ARTICLE 1. - GENERAL ARTICLE 2. - REGULATING PLANS ARTICLE 3. - PUBLIC STANDARDS ARTICLE 4. - BUILDING SCALE PLANS ARTICLE 5. - STANDARDS AND TABLES ARTICLE 6. - DEFINITION OF TERMS FOOTNOTE(S): --- (10) --- Editor's note— Printed herein is the Form -Based Code of the City of Milton, Georgia, being Ordinance No. 13-04-169, as adopted on April 22, 2013. Amendments to the Form -Based Code are indicated by parenthetical history notes following amended sections. The absence of a history note indicates that the section remains unchanged from the original Form -Based Code ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets. (Back) - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 2 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That the Deerfield/Highway 9 area is the focal point for high-quality, mixed-use development in the City of Milton as established in the Highway 9/Georgia 400 Master Plan Livable Centers Initiative and the City of Milton 2030 Comprehensive Plan. b. That within the Deerfield/Highway 9 area, ordinary activities of daily life should be able to occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length and number of automobile trips. d. That development patterns should support future premium transit facilities along Georgia 400. e. That a range of high-quality and aesthetically compatible housing options should be provided to accommodate different needs in the community. f. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. g. That the quality-of-life in existing neighborhoods should be preserved and protected. h. That development patterns should enable children to safely walk or bicycle to school. i. That a range of useable open spaces including parks, squares, playgrounds, and preserved environmentally sensitive areas should be distributed throughout the Deerfield/Highway 9 area. j. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. k. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. l. That community design should reinforce safe environments, but not at the expense of accessibility. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 3 m. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self -governance. n. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. o. That the harmonious and orderly development and redevelopment of the Deerfield/Highway 9 area should be secured through form-based codes rather than traditional zoning. 1.2 CODE APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms. Article 6 contains regulatory language that is integral to this c ode. Those terms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 13 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.4 The provisions of this code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in this code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Deerfield/Highwa y 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Deerfield/Highway 9 Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of this code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 The standards for Transect Zone T5 shall also apply to zone T5-Limited except as specifically indicated. 1.3.6 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by standards approved by the - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 4 Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District Special Districts shall be governed by the standards of the base zoning as indicated on the Deerfield/Highway 9 Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 The city design review board, as set forth in Section 64-1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64-1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64-1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 5 1.5.6 If a Warrant or Variance is requested in conjunction with an applicat ion for an Infill Regulating Plan, the mayor, and city council shall process the requested Warrants and Variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 11 section a.) b. The permission to build Accessory Buildings. c. The Function and use requirements of Tables 9 and 10 except where a Warrant is indicated therein. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 6 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. 1.6.10 The Base Density of a site may be increased by the Transfer of Develop ment Rights (TDR) up to the amount specified for each zone by Table 11 section a subject to the provisions of Section 1.7. 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future gr owth 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 TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Se nding Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria. a. Open Space TDR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within this district or 2 acres in size and located outside this district but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend. With the exception of the parcels described in the preceding sentence, all other Open Space TDR Sending Sites shall be a minimum of 5 acres in size and zoned AG-1 outside this district. All Open Space TDR Sending Sites shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unocc upied 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 TDR Sending Site Approval Process. a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG -1 zoning district for parcels outside this district. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 7 b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all resident ial development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside this district. 1.7.4 TDR Allocation. a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from developme nt by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land preclude d from development by preexisting easements and issue TDRs to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25. c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Park/Greenway TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 8 Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land. ii. Plus one TDR per four full acres of Constrained Land. iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site developmen t. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites designated by the City. Parcels located wit hin the Maximum Two Story Height Zone designated within this district shall not serve as TDR Receiving Sites. TDR Receiving Site owners can build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDRs to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of four building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to an y combination of on-site and off-site TDR Receiving Sites. 1.7.9 Reserved. 1.7.10 Compliance Requirements. a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 1. GENERAL RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 9 c. In no event shall any component of this TDR program have application to any TDR Sending Site or TDR Receiving Site outside the jurisdictional boundary of the City of Milton. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 10 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.3 LANDSCAPE BUFFERS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Deerfield/Highway 9 Regulating Plan: a. Transect Zones. b. Existing Civic Building Sites and Civic Spaces. c. Thoroughfare network, existing and planned. d. A differentiation of existing Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. e. Special Districts. f. A zone where the m aximum height of buildings shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District, as indicated by the Maximum Two -Story Building Height Zone. g. A zone where the maximum height of buildings shall be 12 stories regardless of Transect Zone or Special District, as indicated by the Maximum Twelve-Story Building Height Zone. 2.1.2 The Deerfield/Highway 9 Regulating Plan is an exclusive and mandatory regulation and shall supersede and replace the previous zoning classifications . Property owners within the plan area shall submit Building Scale Plans under Article 4 of this code in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this district may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Deerfield/Highway 9 Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Deerfield/Highway 9 Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this district may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article XIV in Chapter 64 of this zoning ordinance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 11 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance wit h the standards described in this Article 2 of this code: a. Transect Zones. b. Density by Transect Zone. c. Civic Building Sites and Civic Spaces. d. Thoroughfare network. e. A differentiation of the Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of this code in support of pedestrian activity. Buildings along the B - Grid may be more readily considered for Warrants allowing au tomobile-oriented standards. Newly-created B-Grid Thoroughfares are only allowed in Zone T5, Zone T6, and Civic Zones. The Frontages assigned to the B-Grid shall not exceed 70% of the total length of Frontages within the combined area of the Infill Regulating Plan's T5, T6, and Civic Zones. f. Special Requirements, if any. g. Designation of a mandatory Setback for buildings from any lot line, if any. h. Mandatory Private Frontages, if any. i. Landscape buffers required by Section 2.3Article 2 of this code, if any. 2.2.3 The following elements shall not deviate from those established in the Deerfield/Highway 9 Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares. b. Greenways, although their exact locations may vary provided the conn ections to adjacent sites shown in the Deerfield/Highway 9 Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. 2.2.5 Each Infill Regulating Plan for a site greater than 8 acres in area shall dedicate at least 10% of its total area to Civic Space. 2.2.6 Civic Space shall be designed as generally described in Table 5 and as allowed in the Transect Zones in accordance with Table 11 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. 2.2.7 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.8 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac are allowed only by Warrant to accommodate specific site conditions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 2. REGULATING PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 12 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this district except as set forth below. 2.3.2 Adjacent to a Special District, a T2 Zone, or a single-family residential use not located within this district, the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within this district. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the Special District, T2 Zone, or single -family residential use not located within this district. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60 -88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements may be granted only by Variance. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 13 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 THOROUGHFARES—VEHICULAR LANES 3.3 THOROUGHFARES—BICYCLE FACILITIES 3.4 THOROUGHFARES—PUBLIC FRONTAGES 3.5 CIVIC ZONES 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Pla n. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Deerfield/Highway 9 Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are non-conforming with regards to the Thoroughfare network requirements of this code, stub-out streets shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Deerfield/Highway 9 Regulating Plan may be provided. c. Sites of more than 4 acres shall be designed to define Blocks not exceeding the siz e prescribed in Table 11 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle facilities, where provided a long a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare's vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 14 3.1.7 Thoroughfares along a designated B-Grid may be exempted by Warrant from one or more of the specified Public Frontage or Private Frontage requirements. See Tables 8. 3.1.8 Rear Alleys and Rear Lanes shall be provided where required by Table 11 section c. 3.1.9 Rear Alleys shall be paved for their width. 3.1.10 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and shall have no raised Curb. 3.2 THOROUGHFARES—VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3A, subject to approval of the public works director, who may require alternative standards if the public health, safety, an d welfare demand. 3.3 THOROUGHFARES—BICYCLE FACILITIES 3.3.1 A bicycle network consisting of Greenways (which may include Multi -Use Trails) and Bicycle Lanes shall be provided as specified in the Deerfield/Highway 9 Regulating Plan. The bicycle network s hall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Deerfield/Highway 9 Regu lating Plan, granting the City of Milton access easements for future Multi-Use Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES—PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5, T6. a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, trees, and a Landscape Strip where required. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 4A, Table 4B, and Table 4D and allocated within Transect Zones, where applicable, as specified in Table 11 section c. c. Retrofit of existing Thoroughfares. i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, adding a required Landscape Strip, and adding any required Greenways. ii. Retrofit of State Route 9, Windward Parkway, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road may also be accomplished in the Public Frontage by adding one Slip Road along one or both sides of the Thoroughfare utilizing one of the Thoroughfares identified as suitable for a Slip Road in - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 15 Table 3B. Where this occurs Public Frontage improvements required along the existing Thoroughfare shall be provided, and additional Public Frontage improvements shall be provided along one side of the new Thoroughfare adjacent to the private lot as illustrated in Table 4C. iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Mi lton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.12. e. Street trees shall be provided in the Public Frontage Planter and required Landscape Zone , subject to the following: i. Along Highway 9 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. g. Sidewalks shall continue across the entire length of all concrete aprons and shall match the appearance of adjacent Sidewalk material in color, texture, and design. 3.4.2 Specific to zones T2, T3. a. The Public Frontage shall include trees of various species, naturalis tically clustered. 3.4.3 Specific to zones T3, T4, T5, T6. a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4. a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species per street with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5, T6. a. Street trees shall be planted in a regularly-spaced Allee pattern of single species per street with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to State Route 9, Deerfield Parkway, Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall be as set forth below and in Table 4B except as otherwise required by the Georgia Department of Transportation or the director of public works, who may require alternative standards if the public health, safety, and welfare demand. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 16 b. The Public Frontage shall include a Landscape Strip with a minimum width of 20 feet between the Sidewalk and the Frontage Line. Street trees shall be located in the Landscape Strip and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. Walkways may traverse the Landscape Strip. c. Street trees shall be a minimum of 5 inch caliper at the time of planting. 3.4.7 Specific to State Route 9. a. Public Frontages in areas with a speed limit equal to or lower than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 10 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Public Frontages in areas with a speed limit greater than 35 miles per hour shall include a Sidewalk with a minimum width of 8 feet and a Planter with a minimum width of 4 feet. Street trees are not required in the Planter. c. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwood shall be planted. 3.4.7 Specific to Windward Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. A combination of October Glory and Red Sunset Maples with flowering cherries and dogwoods shall be planted. 3.4.8 Specific to Deerfield Parkway. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. The Sidewalk shall meander among the trees. c. Willow Oaks shall be planted in the Landscape Strip. 3.4.9 Specific to Morris Road, McGinnis Ferry Road, Old Morris Road, Webb Road, Bethany Bend, and Cogburn Road. a. The Public Frontage shall include a Sidewalk with a minimum width of 6 feet and a Planter adjacent to the curb having a minimum width of 2 feet, a maximum width of 12 feet, and an average width of 6 or more feet. b. Morris Road and McGinnis Ferry Road: Legacy Sugar Maples shall be planted. c. Webb Road: October Glory and Red Sunset Maples shall be planted and shall alternate in groups of three trees by species. d. Old Morris Road: October Glory Red Maples shall be planted. e. Cogburn Road and Bethany Bend: No species requirements exist. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 3. PUBLIC STANDARDS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 17 3.5 CIVIC ZONES 3.5.1 General. a. Civic Zones are designated on the Deerfield/Highway 9 Regulating Plan, on an Infill Regulating Plan, or on a site subject to Section 3.5.2(a) or 3.5.2(b) as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces. a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. b. Sites of more than 8 acres and not located within an Infill Regulating Plan shall dedicate at least 10% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. c. Civic Spaces shall be designed as described in Table 5 and shall be accessible to the public during normal City of Milton park hours or longer each day. d. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting one or more Thoroughfares, except for Playgrounds and Parks. 3.5.3 Civic Spaces shall provide pedestrian access to adjacent Thoroughfares and sites as follows: a. One or more access points shall be provided every 200 feet of C ivic Space perimeter along a Thoroughfare, and provided that no single Thoroughfare shall have less than one access point. b. One or more access points shall be provided every 600 feet of Civic Space perimeter along an adjacent site. Relief from this requirement may be granted by Warrant where the adjacent site cannot accommodate said access. c. For the purposes of this section an access point may include a walkway, Multi -Use trail, or other paved or unpaved surface suitable for walking. 3.5.4 Any street furniture, benches, trash receptacles or pedestrian street lights installed in a Civic Space must be of a type indicated below or similar as approved by the city design review board. a. Benches: Victor Stanley Classic Series CR-138 in black with no center arm rest. b. Trash receptacles: Victor Stanley D-35 in black. c. Pedestrian street light: Philips Lumec Domus Series. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 18 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER MANAGEMENT FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE THROUGH STANDARDS 4.14 GASOLINE STATION STANDARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of this Article 4 of this code. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement. ii. Building Form. iii. Building Function. iv. Public Frontages. b. For final approval, in addition to the above: i. Landscaping. ii. Signage. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 19 iii. Special Requirements, if any. iv. Architecture. 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Deerfield/Highway 9 Regulating Plan. 4.1.3 Special Districts shall be governed by standards approved by the Mayor and City Council at the time of their designation as Special Districts, which standards may be specifically prepared for the particular Special District or may be the same standards as described elsewhere in this code if specifically identified by the Mayor and Council as being applied to the Special District, except as otherwise specifically identified in Article 3. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Non-conforming properties shall comply with Section 64-74 except as indicated to the contrary below. 4.2.2 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that apply and shall grant Warrants for those that do not apply. 4.2.3 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.4 The modification of existing buildings is permitted By Right if such c hanges result in greater conformance with the specifications of this code (as illustrated in Table 2). 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Deerfield/Highway 9 Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no le ss than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 8. The first Story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 8). A Gallery Frontage may be combined with a Retail Frontage. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 20 c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as illustrated in Table 8). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Tab le 4a) and Private Frontage (Table 8) be coordinated as a single, coherent landscape and paving design. e. A cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5, T6. a. Newly platted lots shall be dimensioned according to Table 11 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 7 and Table 11 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 11 and Table 13 subject to the following: i. Front Setbacks shall be measured from the Frontage Line. ii. Side and Rear Setbacks shall be m easured from the Lot Line. iii. The requirements of Table 11 and Table 13 notwithstanding, all of a portion of any required Landscape Strip may be counted towards meeting a minimum Front Setback by Warrant. iv. As otherwise approved by Warrant. d. The requirements of Table 11 and Table 13 notwithstanding, along State Route 9 certain buildings may be placed subject to the following requirements: i. Buildings between 10,000 and 50,000 square feet may be located a maximum distance of 100 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. ii. Buildings 50,000 square feet or greater may be located a maximum distance of 300 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. e. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 13 except as set forth in Section 4.4.1 (d) for certain sized buildings along State Route 9 or as otherwise approved by Warrant. f. Lot coverage by building shall not exceed that recorded in Table 11 section e except as otherwise approved by Warrant. g. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 11 section f. These requirements shall not apply to buildings subject to Section 4.4.1 (d) or as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 11. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 21 i. To accommodate slopes over 10%, relief from front Setback requirements of Table 11 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zones T5 and T6. a. The Principal Entrance shall be on a Frontage Line except as set forth in Section 4.4.1(d) for certain sized buildings along State Route 9. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5, T6. a. Private Frontages. i. The Private Frontage for buildings subject to Section 4.4.1(d) shall conform to Table 8 and Table 11, except that the edge of an Open Parking may be substituted for the Thoroughfare. ii. The Private Frontage of all other buildings shall conform to Table 8 and Table 11. b. Buildings on corner Lots shall have two Private Frontages as shown in Table 13. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. c. Building heights and Stepbacks shall conform to Table 6 except that: i. Within the Maximum Two-Story Building Height Zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. ii. Within the Maximum Twelve-Story Building Height Zone the maximum height shall be 12 stories, regardless of Transect Zone or Special District. iii. Within 85 feet of a T2 zone the maximum height shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District. d. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 f eet, or 25 feet at ground level, shall be counted as two Stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. e. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. f. In a Parking Structure each above-ground level counts as a single Story regardless of its relationship to habitable Stories. g. Building height limits do not apply to attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. h. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 22 i. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3. a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4. a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zones T5, T6. a. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. b. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer's depth. c. Along A-Grids, in the absence of a building Facade along any part of a Frontage Line a Streetscreen shall be built co-planar with the Facade. d. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. e. A walkway with a minimum width of 4 feet shall connect all building entrances to the public Sidewalk. f. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. 4.6 BUILDING FUNCTION 4.6.1 General to zones T2, T3, T4, T5, T6. a. Buildings in each Transect Zone shall conform to the Functions on Table 9A, Table 10 and Table 11. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 10. b. Home Occupation shall be permitted as an accessory us in accordance with Section 64 -213 except as indicated to the contrary below: i. Home Occupations should be invisible from the Frontage. ii. Home Occupations shall be located either within the house or in an Outbuilding. 4.6.2 Specific to zones T2, T3. a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 9A. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 23 4.6.3 Specific to zones T4, T5. a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 9A. 4.6.4 Specific to zone T4-Open. a. The Function standards of T5 shall apply. See Table 9A. 4.6.5 Specific to zone T5-Limited. a. Retail Functions shall only be permitted in buildings having two or more Stories and shall be limited to the first Story. No individual Retail establishment shall exceed 15,000 square feet in floor area. b. The Functions standards of T5 shall apply to all non-Retail Functions. 4.6.6 Specific to zones T4-Open, T5, T6. a. Apartments shall only be permitted subject to use permit and as follows: i. In buildings where the entire first Story is used for non -Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function; or ii. On sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. b. Rowhouses shall only be permitted subject to use permit, and only on sites where more than 50% of the total floor area is dedicated to Office, Retail, or Lodging Functions. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. General to zones T2, T3, T4, T5, T6. i. Chainlink fencing is prohibited from view from a public Thoroughfare and shall be black or hunter green vinyl clad. ii. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. b. Specific to the First Layer in all zones along State Route 9 and Windward Parkway. i. A continuous fence is required in the First Layer except at driveway and pedestrian walkway openings. Said fence shall also include a minimum 3 foot wide landscaped zone on the exterior of the fencing, which may be included within any required Landscape Strip. ii. Fences and posts shall be between 42 and 55 inches in height measured from finished grade. iii. Allowed fencing material shall be primarily pressure treated dark stained wood and may include accents of natural or man-made stone, brick, aluminum, ornamental or decorative wrought iron or architectural concrete. Accents shall not exceed 20% of the total surface - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 24 area of the fence and any openings within it. Fencing shall be in keeping with the equestrian and rural character of Milton. Unpainted or unstained pressure treated wood is prohibited. c. Specific to zones T2, T3, T4 except the First layer along State Route 9 or Windward Parkway. i. Where permitted within the First Layer, fences, walls and hedges shall not exceed 4 2 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas or loading docks. d. Specific to zones T5, T6 except the First Layer along State Route 9 or Windward Parkway. i. Within the first Layer, fences, walls and hedges shall not exceed 55 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and may be 100% opaque. 4.7.2 The following elements shall be screened from view of any A -Grid Thoroughfare or Civic Space as set forth below. To comply with the maximum height requirements above, any screening that exceeds the maximum requirements for the First Layer shall not be located within it. a. Loading docks and service areas shall be screened by either: i. A minimum 6 foot high opaque fence matching the material of the building; or ii. A 15 foot wide landscape zone planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. b. Open Parking or gas fueling bays shall be screened by a continuous screen of evergreen plantings. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 to 8 feet in width at maturity. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from an A -Grid Thoroughfare, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be 1 foot higher than what is contained in the interior. The door enclosing the area sha ll be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of a ny A-Grid Thoroughfare, Civic Space, or any property used or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 25 c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.5 Detention/retention ponds shall have a minimum 10 foot wide landscape area planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. When required, fencing material around detention/retention ponds shall m eet the fencing requirements of Section 4.7.1(c) or as approved by Warrant. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 Facilities that are located above ground shall be located in the least conspicuous area of the site as engineering standards will allow. 4.8.3 Above-ground stormwater management shall be designed to create a natural look. 4.8.4 The creation of shared stormwater management facilities serving multiple properties is encouraged. 4.9 OFF-STREET PARKING AND LOADING 4.9.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.9.2 Subject to the approval of the director of the community development department by Warrant, off - street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.9.3 On-street parking along the parking lane corr esponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.5 Sites which exceed the minimum number of required off -street parking spaces by this zoning ordinance shall construct said excess parking spaces of pervious paving. This requirement shall not apply to excess spaces located within a Parking Structure. Where a site contains both Parking Structures and Open Parking area, spaces located in the Parking Structure shall be counted towards meeting the minimum number of required off-street parking spaces before those in Open Parking area. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4, T5, T6. a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 26 b. Open Parking areas on A-Grid Thoroughfares shall be screened from the Public Frontage by a building, Streetscreen, or in accordance with the requirements of Section 4.7.2. c. Open Parking areas on B-Grid Thoroughfares may be unscreened from the Public Frontage except for corner lots at intersections with the A-Grid. d. Rear Alleys, Rear Lanes, and Driveways on adjacent sites shall connect to provide inter -parcel access to minimize curb cuts and improve street traffic flow. 4.10.2 Specific to zones T2, T3. a. Open Parking areas shall be located at the Second and Third Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.10.3 Specific to zones T3, T4. a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.10.4 Specific to zone T4. a. All parking lots and garages shall be located at the Second or Third Layer. 4.10.5 Specific to zones T5, T6. a. All Open Parking and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures on the A-Grid shall have Liner Buildings lining the first and second Stories. 4.11 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4, T5, T6. a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 11 section e. 4.11.2 Specific to zones T2, T3, T4. a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.10.2 and Section 4.10.3. 4.11.3 Specific to zone T3. a. A minimum of two trees approved by the City Arborist shall be planted within the first Laye r for each 30 feet of Frontage Line or portion thereof. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 27 b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4. a. A minimum of one tree approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 Specific to zone T5, T6. a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.11.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven). b. Albizia julibrissin (mimosa). c. Alternanthera philoxeroides (alligator weed). d. Eichhornia crassipes (water hyacinth). e. Elaegnus pungens (thorny olive). f. Elaeagnus umbellate (autumn olive). g. Hedera helix (English ivy). h. Hydrilla verticillata (hydrilla). i. Imperata cylindrical (congongrass). j. Lespedeza bicolor (shrubby lespedeza). k. Lespedeza cuneata (sericea Lespedeza). l. Ligustrum japonicum (Japanese privet). m. Ligustrum sinense (Chinese privet). n. Lonicera japonica (Japanese honeysuckle). o. Lonicera maackii (amur honeysuckle). p. Lygodium japonicum (Japanese climbing fern). q. Melia azedarach (chinaberry). r. Microstegium vimineum (Nepalese browntop). s. Miscanthus sinensis (Chinese silvergrass). t. Murdannia keisak (marsh dayflower). u. Nandina domestica (sacred bamboo). v. Paulownia tomentosa (princess tree). w. Phyllostachys aurea (golden bamboo). - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 28 x. Pueraria Montana var. lobata (kudzu). y. Rosa multiflora (multiflora rose). z. Sesbania herbacea (bigpod sesbania). aa. Sesbania punicea (red sesbania). bb. Spiraea japonica (Japanese spiraea). cc. Triadica sebifera (Chinese tallow tree). dd. Vinca major (big periwinkle). ee. Vinca minor (common periwinkle). ff. Wisteria sinensis (wisteria). 4.12 LIGHTING STANDARDS 4.12.1 A lighting plan shall be submitted for approval prior to the issuance of a land disturbance permit. 4.12.2 All site lighting shall be designed so that the illumination as measured in footcandles at any one point meets the following standards: a. Minimum and maximum levels are measured at any one point. b. The average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. c. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. d. If the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 4.12.3 New lighting and renovations, upgrades, or additions to lighting on existing facilities shall comply with the following illumination levels. The entire site must be bought into conformance with this section should a renovation, upgrade, or addition occur that would require a land disturbance permit. a. Areas for display of outdoor merchandise. i. Minimum level footcandles: 1.0 ii. Average level footcandles: 5.0 iii. Maximum level footcandles: 10.0 b. Open Parking serving Commercial functions. i. Minimum level footcandles: 0.6 ii. Average level footcandles: 2.4 iii. Maximum level footcandles: 10.0 c. Open Parking serving Residential Functions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 29 i. Minimum level footcandles: 0.2 ii. Average level footcandles: 1.5 iii. Maximum level footcandles: 10.0 d. Walkways and Thoroughfares. i. Minimum level footcandles: 0.2 ii. Average level footcandles: 2.0 iii. Maximum level footcandles: 10.0 e. Landscapes and decorative. i. Minimum level footcandles: 0.0 ii. Average level footcandles: 0.5 iii. Maximum level footcandles: 5.0 4.12.2 Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture or equivalent. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts or equi valent. Canopy lighting shall be recessed and directed downward through the use of luminaries, and shall have a maximum lamp wattage of 400 watts or equivalent. 4.12.3 Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.4 Shoe box, and cobra head lighting fixtures, as typically used in parking area lighting, and exposed neon lighting as typically used on building Facades and architectural features are prohibited. 4.12.5 Only fluorescent, metal halide, mercury vapor, shrouded spots, LED, natural gas, and walkway lights are allowed. 4.12.6 Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting height for a pole is 28 feet. Any fixture and pole located within 20 feet of a Special District, a T2 Zone, T3 Zone, T4 Zone, T5-R Zone, or a single-family residential use not located within this district shall be a Type Four (Enclosures that are intended for outdoor use primarily to provide a degree of protection against windblown dust and rain, splashing water, and hose directed water; undamaged by the formation of ice on the enclosure) and forward throw distribution. 4.12.7 As an exception to the prohibition in Section 4.12.5 each commercial establishment shall be entitled to a single exposed neon or LED sign which may only be illuminated during periods when the commercial establishment is open for public business. Such sign shall have a maximum sign face of two square feet, and shall be positioned on the interior as a window sign no more than five feet from the main entrance of the commercial establishment. The sign is prohibited from blinking, flashing, or fluctuating and may not be animated in any way. 4.12.8 Thoroughfare, Open Parking, and walkway lighting and poles shall be the Philips Lumec Domus series in black or similar, or as approved by the city design review board. Within these areas, lights shall include decorative skirts or aprons. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 30 4.13 DRIVE THROUGH STANDARDS 4.13.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.13.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.13.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13.4 Drive-through facilities shall be considered Accessory Structures to a building. 4.13.5 Drive-through facility queuing shall be prohibited in a Thoroughfare. 4.14 GASOLINE STATION STANDARDS 4.14.1. Gasoline station canopies and pumps: a. Shall be located to the side, or rear of the Principal Building. b. Shall be buffered from adjoining Residential Functions with a Streetscreen. c. Pump canopies shall be located the greater of: i. 300 feet from any interior side or rear Lot Line that adjoins a Residential Function; or ii. 100 feet from any Special District, T2 Zone, or AG-1 zoned property. d. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. e. Pump canopy fascia shall be between 24 and 30 inches in height. f. Pump canopies shall not exceed 18 feet in height as measured to the top of the structure. g. Pump canopies shall be compatible with the color, texture, material, and architectural design of the Principal Building. h. Pump canopy support columns shall be compatible with the color, texture, and material of the Facade of the Principal Building. i. Pump canopies, canopy support columns, and pump shall not be internally illumination. 4.14.2 Accessory carwashes shall match the color, texture, material, and architectural desig n of the Principal Building. 4.14.3 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.4 Lighting shall be shielded to direct light and glare onto the lot where the gas/fueling station is located. 4.14.5 Intercom or speaker systems shall only be utilized for the purpose of communications between employees and customers and shall direct sound away from adjacent Residential Functions. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 31 4.15 SIGN STANDARDS 4.15.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.16 ARCHITECTURAL STANDARDS 4.16.1 The following architectural standards shall apply to all buildings unless otherwise approved by Warrant by the community development director after consultation with the City A rchitect. 4.16.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.16.3 General to all buildings—Facade composition. a. The Principal Entrance of a building shall be articulated and expressed i n greater architectural detail than other buildings entrances. b. Windows shall be vertically shaped with a height greater than their width. c. Burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public Thoroughfare, Civic Space, or Open Parking. d. Exposed neon lighting outlining and detailing building features is prohibited. e. Exposed ductwork, pipes, conduit or other similar items are prohibited unless otherwise approved by Warrant. 4.16.4 Specific to Commercial, Mixed-Use, and Apartment buildings—Façade composition. a. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 25% of the total Facade area, with each floor calculated independently. The maximum contiguous area without windows or doors on any floor shall not exceed 10 feet in height or 20 feet in length. ii. The above requirement may be reduced by Warrant where a Facade is not visible from a public Thoroughfare, Civic Space, or Open Parking, provided that said Façade shall incorporate a decorative pattern with varied materials and textures in lieu of windows or doors. For the purpose of satisfying this requirement, control and expansion joints shall not constitute a decorative pattern with varied materials and textures. b. Facade articulation. i. Facades over 50 feet in length shall incorporate wall projections or recesses a min imum of 12 inches in depth. The combined length of said recesses and projections shall constitute at least 20% of the total Facade length. ii. Facades over 200 feet in length shall incorporate a major articulation at least every 200 feet of Façade length. Said major articulation shall occur for a minimum length of 20 feet and shall be accomplished through: a. A change of façade material from grade to the roof; or b. A change in façade composition from grade to the roof; or - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 32 c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements. i. Enfronting Facades shall be articulated and designed to crea te additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii. On corner lots the architectural treatment of a building's intersecting Enfronting Facades shall be substantially similar, except that said building shall emphasize the corner location by placing the Principal Entrance at the corner, incorporating additional height at the corner, varying the roof form at the corner, or providing other architectural embellishments at the corner. iii. First Story Facades of all buildings shall incorporate columns, awnings, arcades, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iv. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. v. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. vi. Buildings taller than two stories shall have two- or three-part Facades. Horizontal zones in the Facade may be differentiated by a change in materials, color, window pattern, or window material, or by a cornice or course. vii. A two-part façade shall consist of: a. Base zone (first Story). b. Shaft zone (all other stories). viii. A three-part façade shall consist of: a. Base zone (first Stories). b. Shaft zone (middle Stories). c. Cap zone (upper Stories or cornice). d. Additional Non-Enfronting Facade requirements. i. First Story Facades of all buildings shall comply with the requirements set forth for Enfronting First Story Facades or may also provide panels, murals, and similar architectural details. ii. Facades above the first of all buildings shall incorporate wind ows, arches balconies, or other architectural details. 4.16.5 Specific to Commercial, Mixed-Use, and Apartment buildings—Facade materials. a. No more than three different materials, textures, colors, or combinations thereof may be used on a single building. This requirement shall no include materials used on windows, doors, - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 33 porches, balconies, foundations, awnings, architectural details, or those required by Warrant in lieu of windows and doors as set forth in Section 4.16.4(a)(ii). b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, synthetic stone, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Exterior materials of buildings along Morris Road, Webb Road, and Deerfield Parkway shall be limited to brick, stone, pre-cast concrete, wood, glass, or granite. e. Exterior materials of buildings not along Morris Road, Webb Road, and Deerfield Parkway shall be limited as follows. Vertical wall planes shall consist of a minimum of 60% of brick or natural stone, and a maximum of 40% tile, non-reflective glass, natural stone with weathered, polished or fluted face, hard coat stucco, architectural concrete masonry with fluted, split-face, or broken- face finish, Portland cement plaster and lath systems, architectural (either precast or tilt -up) concrete (fluted or with exposed aggregate finish), or fiber cement siding. f. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. g. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance fac tor of ten or less. h. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. i. Foundations, where provided, shall be constructed as a distinct building element that contrasts with Façade materials. Exposed above-ground foundations shall be coated or faced in cement, stucco, brick, manufactured stone, or natural stone to contrast with façade materials. 4.16.6 Specific to Commercial, Mixed-Use, and Apartment buildings—colors. Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows. Numbers refer to the Pantone Matching System, an international colormatching system. a. White b. Black c. Browns, beiges and tans i. 462C - 468C ii. 4625C - 4685C iii. 469C, 474C, 475C iv. 4695C - 4755C v. 478C vi. 719C - 724C vii. 725C - 731C viii. 476U - 482U ix. 719U - 725U - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 34 x. 726U - 732U d. Reserved e. Reds i. 483C, 484C ii. 7411C - 7414C iii. 7515C - 7519C iv. 7522C - 7526C f. Grays i. 400C - 432C g. Greens i. 553C - 554C ii. 560C - 561C iii. 614C - 616C iv. 3302C - 3305C v. 3295C, 342C, 343C, 3435C, 356C, 357C vi. 5467C - 5527C vii. 3305U, 3308U, 335U viii. 336U, 341U - 343U 4.16.7 Specific to Commercial, Mixed-Use, and Apartment buildings—roofs. a. Specific to zones T2, T3, T4. i. Flat roofs shall be screened from the view of public and private streets by a parapet. ii. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature. iii. Roof-mounted mechanical equipment, vents and stacks shall be screened from view from all sides. iv. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. v. Townhouse and duplex building rooflines shall exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines shall be varied. Mansard roofs are not permitted. vi. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described in Section 4.16.5. b. Specific to zones T5, T6. i. Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 35 grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height. ii. All rooftop appurtenances shall be painted to be compatible with the building architecture. iii. Rooftop solar collectors, skylights, and other potentially reflective rooftop building elements shall be designed and installed in a manner that prevents reflected glare and obstruction of views of other sites and structures. Said elements shall also be screened from view from all sides. iv. Roofing material and color shall be compatible with building and surroundings. 4.16.8 Specific to Townhouses. a. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. b. No more than three adjacent Townhouse units shall have identical Facades. Differentiation between adjacent Facades may be accomplished by a change in materials, building height, color, roof form or setbacks, provided that the appearance of a separate building is achieved. c. Townhouses located in any T-Zone shall comply with the Facade standards set forth in Section 4.16.5 for Commercial, Mixed-Use, and Apartment buildings or Section 4.16.9(b) for Single- Family houses. 4.16.9 Specific to Single-Family Houses. a. Single-family houses located in Zone T5 or T6 may comply with the standards set forth below or those set forth in Sections 4.16.4 through 4.16.7 for Commercial, Mixed -Use, and Apartments buildings. b. Facades shall have windows and doors that equal at least 20% of the Facade area, with each floor calculated independently. This percentage may be reduced by Warrant where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. c. Materials. i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on exterior walls only horizontally, with the heavier below the lighter. iii. Exterior material shall be limited to brick, natural stone with or without mortar, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding and synthetic stone veneer are proh ibited. v. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed where possible. vi. Clapboards and board and battens shall be wood or cementitious board. Cementitious board less than five-eighths of an inch thick shall have a 4 inch maximum exposure, while - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 4. BUILDING SCALE PLANS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 (First Presentation) Page 36 cementitious board thicker than five-eighths or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. vii. Wood shingles shall be level at the bottom edge. d. Foundations. i. Foundations shall be constructed as a distinct building element that contrasts with Façade materials. ii. Foundations shall be constructed of poured concrete or concrete masonry units. iii. Foundations may be finished with smooth stucco, brick, or stone. e. Windows. i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of three-quarter of an inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. iii. Doors and windows that operate as sliders are prohibited along Frontages. f. Chimneys. i. Chimney stacks shall be faced in smooth integral finish stucco or, brick, stone, or detailed as exposed metal flues. ii. Siding or stucco board is prohibited as a finish material for chimneys. g. Stoops and porches. i. A stoop or porch shall be provided along the Principal Frontage. ii. No stoop or porch along any Frontage shall be enclosed with screen wire, plastic, glass, mesh, or similar materials. iii. All porch and stoop steps along any Frontage shall have enclosed risers. iv. Porch and stoop columns shall have a minimum width of 8 inches. h. Roofs. i. Flat roofs are prohibited. ii. Roofs shall have a pitch of between 5:12 and 12:12. This does not apply to dormers or porches. iii. Roofs shall include eaves projecting between 12 and 36 inches. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 37 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS 5.1.1 This Article Section provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article Section or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the this code. A-Grid: cumulatively, those Thoroughfares that by virtue of their pre -existing pedestrian-supportive qualities, or their future importance to pedestrian connectivity, are held to the highest standards prescribed by this code. See B-Grid. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground th at is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structure, garages, gasoline station canopies, pumps, and carwashes. Accessory Unit: a small apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B-Grid: cumulatively, those Thoroughfares that by virtue of their use, location, or absence of pre -existing pedestrian-supportive qualities, may meet a standard lower than that of the A-Grid. B-Grid Thoroughfares are often privately-owned. See A-Grid. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 38 Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. Childcare Center: A facility providing care, protection, and supervision of children on a regular basis away from their primary residence. Childcare Centers specifically exclude kindergartens, pre - kindergartens, and similar facilities when said kindergarten, pre-kindergarten, or similar facility is accredited by the Georgia Accreditation Commission. For the purpose of this code such accredited facilities shall be considered Elementary Schools. (Syn: daycare) City Architect: a registered architect retained or employed by the City of Milton to support the community development director in reviewing development for compliance with the requirements of this code. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 5. Civic Space TDR Sending Site: a Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: a designation for sites dedicated for Civic Building Sites and Civic Sp aces. Code: Article XX of Chapter 64 of the Code of the City of Milton. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 8. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 8. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 4B, and Table 4D. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 39 Density: the number of buildings units within a standard measure of land area. Design Speed: the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25 -35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A. District: property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 8. (Variant: Lightwell.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 8. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A and Table 8. Frontage Line: a line bordering a Public Frontage that may or not be congruent with the Lot Line. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached ca ntilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 40 Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 5. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails. Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non - industrial uses. Highway: a rural and suburban Thoroughfare of high ve hicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T-3). Home Occupation: a non-Retail Commercial enterprise. The work quarters should be invisible from the Frontage, located either within the house or in an Outbu ilding. Permitted activities are defined by the Restricted Office category. See Table 9A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Landscape Strip: the element of the Public Frontage between the Sidewalk and the Frontage Line that is required to match the built character on specific existing Thoroughfares. All or a portion of the Landscape Strip may be counted towards meeting a minimum Setback by Warrant. The Landscape Strip may contain fencing. Layer: a range of depth of a Lot within which certain elements are permitted. See Table 13. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 10 shall not be considered Light Industrial. Lightwell: a Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 8. Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. Lodging: premises available for daily renting of guest rooms. See Table 9A and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table- mounted electrical machinery or artisanal equipment, and including their retail sale. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 41 Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. Open Parking: an uncovered parking area not within a Parking Structure. (Syn: parking lot) Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 13. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 5. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code. Parking Structure: a building containing one or more Stories of parking above grade. (Syn: garage) Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: on corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 8 and Table 13. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 42 Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 4B, and Table 4D. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 7. (Variations Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 6. Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise or food service. See Table 8A and Table 10. Retail Frontage: the Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Frontage Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 43 Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 6. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights permanently reducing development potential of from areas to be preserved as open space and transferring development potential to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A, Table 3B and Table 13a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe th e physical form and character of a place, according to the Density and intensity of its land use and Urbanism. - THE CODE OF THE Chapter 64 - ZONING ARTICLE XX. - DEERFIELD FORM-BASED CODE ARTICLE 6. DEFINITION OF TERMS RZ14-13 – Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on 8/14/20148/11/20147/29/2014 August 4, 2014 Page 44 Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provis ion or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk -in trade. The unit is intended to function predominantly as work space with incidental Residential accom modations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-13 AN ORDINANCE TO AMEND ARTICLE_XX, DEERFIELD FORM BASED CODE OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on August 18, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article XX, Deerfield Form Based Code of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of August, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) W HOME OF ' 11 INJ ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 11, 2014 FROM: City Manager AGENDA ITEM: Consideration of the Approval of Change Order #3 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED:) YES O NO CITY ATTORNEY REVIEW REQUIRED::) YES O NO APPROVAL BY CITY ATTORNEY (APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS © You( _ * * * PHONE: 678.242.25001 FAX: 678.242.2499 , -,Green = *c«te,�* info@cityofmiltonga.us I www.cityofmiltonga.us u.rn u t Community h,cs �& 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on August 8, 2014 for the August 18, 2014 Regular Council Meeting Agenda Item: Consideration of the Approval of Change Order #3 to the Professional Services Agreement between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. ____________________________________________________________________________ Department Recommendation: Staff is recommending the approval of Change Order #3 to the Professional Services Agreement (“Agreement”) between the City of Milton and Foresite Group, Inc. for the Master Planning, Public Involvement, Traffic Study and Design of Bell Memorial Park. Executive Summary: This change order funds the revision to the Conformed Documents. This revision is required as a result of the decision to change the west rectangular field from natural grass to artificial turf. Funding and Fiscal Impact: This change order will increase the value of the contract by $3,900. The contract total cost will now be $372,000. This will be paid for with available funds from the Parks and Trail Expansion line item in the FY14 Capital Expenditures budget. Alternatives: This is a requirement in order to construct the west field as a synthetic turf field. Legal Review: Paul Higbee – Jarrard & Davis 8/08/14 Page 2 of 2 Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): 1) Change Order #3 Foresite Group, Inc. Professional Services Agreement 1 CHANGE ORDER #3 FOR PROFESSIONAL SERVICES AGREEMENT BELL MEMORIAL PARK MASTER PLAN DESIGN WHEREAS, the City of Milton, Georgia and Foresite Group, Inc. have entered into a Professional Services Agreement (the “Agreement”) dated March 18, 2013, incorporated herein by reference, for professional services for master planning and construction documents for the renovation of Bell Memorial Park; and WHEREAS, the original scope of work has produced a set of Conformed Documents for construction; and WHEREAS, the parties desire to issue a change order pursuant to Section 2 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: Section 2.0 Scope of Work: Compensation; Compensation of the Agreement is amended by replacing “…$368,100…” with “…$372,000 As contemplated in the Agreement under section 2.0 Scope of Work; Compensation, section 2.2 indicates that Task 4-Construction Documents and Construction Administration is hereby amended by amending Exhibit A Request for Bid/Scope of Work to include the following additional scope of services: Scope of Services Task 1 – Revision to Conformed Plans Foresite Group shall prepare a revision to the Conformed Documents to include the replacement of the natural grass rectangular field with a synthetic turf field. Plan revisions will include the following sheets: - Grading and Drainage Plans (field and tie-in grades) - Pipe Profiles (removing septic runs of pipe) - Erosion and Sedimentation Control Plans (adjusting BMPs) - Landscape Plans (Sod Revisions) - Irrigation Plans (Removing Irrigation Zones) Revised Plans will be provided in PDF format with revisions clouded. 2 A. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. B. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all un-amended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 3 Foresite Group, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness – Corporate Secretary _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ HOME OF I-LTOIN ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Change Order between the City of Milton and Astra Group, Inc. to Accept Bid Alternate #1 to Install a Second Synthetic Turf Field at Bell Memorial Park. MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: RYES () NO CITY ATTORNEY REVIEW REQUIRED: v YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0 i -4I REMARKS 91- You PHONE: 678.242.25001 FAX: 678.242.2499 Green *c,nifi,d* ,oP,ou ���uni.iFE Community c.�ty ofinfo@cityofmiltonga.us I www.cityofmiltonga.us y t Fthics �1j, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 A 111 To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on August 12, 2014 for the August 18, 2014 Regular Council Meeting Agenda Item: Consideration of a Change Order between the City of Milton and Astra Group, Inc. to Accept Bid Alternate #1 to Install a Second Synthetic Turf Field at Bell Memorial Park ____________________________________________________________________________ Department Recommendation: Approval Executive Summary: On July 7, 2014 the city entered into a Construction Services Agreement with Astra Group, Inc. to renovate Bell Memorial Park. The master plan called for two rectangular fields, one of these fields would be natural turf and one would be synthetic turf. Included in the bid was alternate to convert the natural turf field to a second synthetic turf field should the city choose to exercise that option. Approval of this change order would accept that bid alternate in the amount of $380,000 to change the second rectangular field from natural to synthetic turf. Funding and Fiscal Impact: Funding for this option is available in the designated funding for this project. Alternatives: The alternative would be to maintain the base plan which indicated one synthetic turf field and one natural turf field. Legal Review: Paul Higbee – Jarrard & Davis (8-12-14) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Change Order #1 1 CHANGE ORDER #1 FOR CONSTRUCTION SERVICES AGREEMENT Bell Memorial Park Renovation WHEREAS, the City of Milton, Georgia and Astra Group, Inc. have entered into a Construction Services Agreement (the “Agreement”) dated July 7, 2014, incorporated herein by reference, for the renovations to city hall; and WHEREAS, the parties desire to issue an addendum pursuant to Section 6 of the Agreement, it being to the mutual benefit of all parties to do so, as set forth herein for the reasons and consideration set forth herein. NOW THEREFORE, the parties hereto agree to amend the Agreement as follows: 1. Section 3 The Work; is amended to include Alternate Number 1: Second Synthetic Turf Field of Exhibit “B” in the amount of $380,000; 2. Section 5 Contractor’s Compensation; Time and Method of Payment; Compensation of the Agreement is amended by replacing “…$9,481,700…” with “…$9,861,700…”; 3. It is agreed by the parties hereto that all of the other terms and conditions of the Agreement, including all unamended portions, shall remain in full force and effect other than as modified herein. Upon execution by all parties, this Change Order shall be attached to and form a part of said Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Change Order to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. [SIGNATURES ON FOLLOWING PAGE] 2 Astra Group, Inc. Signature: __________________________________ Printed Name: _______________________________ Title: ______________________________________ SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness – Corporate Secretary _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ CITY OF MILTON: ___________________________________ By: _____________________________ Its: _____________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: _____________________________ HOME OF ' MILIC)N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 11, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution by the City of Milton Electing to Acquire Providence Park from Fulton County in Accord with O.C.G.A. 36-31-11.1 MEETING DATE: Monday, August 18, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: () APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED: ( YES APPROVAL BYCITYATTORNEY APPROVED PLACED ON AGENDA FOR: O (8 REMARKS () NOTAPPROVED () NO () NO () NOT APPROVED ©10You( PHONE: 678.242.25001 FAX: 678.242.2499 ''Green city ,r � *certified ;''''' info@cityofmiltonga.us I www.cityofmiltonga.us Community z Ethics je ' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - ""."'E° e"o":[ ',u Page 1 of 2 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. RESOLUTION BY THE CITY OF MILTON ELECTING TO ACQUIRE PROVIDENCE PARK FROM FULTON COUNTY IN ACCORD WITH O.C.G.A. 36-31-11.1 WHEREAS, Providence Park is a 42 acre park – presently owned by Fulton County - located entirely within the territorial limits of the City of Milton; WHEREAS, Providence Park has been under environmental remediation with the State Environmental Protection Division since before the creation of the City of Milton; WHEREAS, as of June 10, 2014, the State EPD has determined that the environmental remediation of Providence Park is complete, and that Providence Park is “in compliance with residential risk reduction standards,” is “not needing further action” and has been removed from the Hazardous Site Inventory list. (copy of June 10, 2014 Judge Turner letter, attached); and WHEREAS, due to this successful environmental remediation of Providence Park, the City of Milton now wishes to exercise its rights pursuant to O.C.G.A. 36-31-11.1 and provide notice to Fulton County of its election to purchase Providence Park at the statutorily established price of $100 per acre. NOW THEREFORE, BE IT RESOLVED by the Council for the City of Milton as follows: That the Milton City Council does hereby declare its election pursuant to O.C.G.A. 36- 31-11.1 to assume ownership of Providence Park, effective October 1, 2014; That the Milton City Council does hereby direct staff to provide notification to Fulton County of this election; That the Milton City Council does further direct staff to issue City funds of $4,200 to Fulton County in payment for the park, as required by O.C.G.A. 36-31-11.1; and That the Milton City Council does otherwise direct staff to work with Fulton County in preparing, executing and recording any additional documentation necessary to effectuate this property transfer to the City of Milton, with it understood that the transfer shall be effective no later than October 1, 2014. Page 2 of 2 BE IT SO RESOLVED, this _____ day of August, 2014, by the Council of the City of Milton, Georgia. Approved: __________________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, City Clerk Georgia Department of Natural Resources Environmental Protection Division 2 Martin Luther King, Jr. Dr., Suite 1456, Atlanta, Georgia 30334-9000 Judson H. Turner, Director Fulton County c/o Mr. Anthony Spencer 141 Pryor Street Atlanta, Georgia 30303 Re: Removal from the Hazardous Site Inventory Providence Park, HSI# 10773 13440 Providence Park Drive Milton, Fulton County, Georgia 30009 Dear Mr. Spencer: The Georgia Environmental Protection Division (EPD) has reviewed the revised Compliance Status Report (CSR) dated October 27, 2004, the Soil Excavation and Groundwater Sampling Report dated August 2006, the Certification of Compliance with Risk Reduction Standards for Soil dated July 13, 2007, the 2013 Annual Report -Phase 2 dated May 13, 2013, and the 2014 Groundwater Corrective Action Plan Annual Report and Delisting Petition transmitted January 20, 2014 for the above referenced site. Based on that review, I have determined the CSR is complete and concur with your certification of compliance that this site is in compliance with residential risk reduction standards. Therefore, I am designating this site as not needing further action and I am removing this site from the Hazardous Site Inventory (HSI) in accordance with §391-3-19-.05(4)(b) of the Rules for Hazardous Site Response as of the date of this letter. After removal from the HSI, all wells at the property must be properly abandoned in accordance with the Water Well Standards Act and the Environmental Protection Agency's guidance document titled "Design and Installation of Monitoring Wells" (SESDGUID- 10 1 -RO). As required by §391-3-19-.06(5)(f) of the Rules, a public notice announcing this determination shall be published in The Daily Report. If you have any questions regarding this matter, please contact Jason Metzger of EPD's Response and Remediation Program at 404-657-8610. Si rely, 4 dson H. Turner Director c: Evan B. Perry, P.G., Atlantic Coast Consulting, Inc. File: HSI 10773, 261-0578