Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet CC - 04/27/2015 - City Council 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 107E Monday, April 27, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Tass Welch, Community Christ 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. 15-107) 4) PUBLIC COMMENT 5) CONSENT AGENDA MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2015 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 1. Approval of the April 13, 2015 City Council Regular Minutes. (Agenda Item No. 15-108) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending March, 2015. (Agenda Item No. 15-109) (Stacey Inglis, Assistant City Manager) 6) REPORTS AND PRESENTATIONS 1. Proclamation Recognizing SkillsUSA State Competition Winners at Cambridge High School. (Presented by Mayor Joe Lockwood) 2. Proclamation Recognizing Cambridge High School Wrestling Team Day. (Presented by Councilmember Matt Kunz) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATIONS 1. Consideration of the Issuance of an Alcohol Beverage License to The Blue Den, Located at 980 Birmingham Road # 200, Milton, GA 30004. (Agenda Item No. 15- 104) (Administratively Deferred at April 13, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 2. Consideration of the Issuance of an Alcohol Beverage License to Wilbur & Rudy’s Farmtable, LLC, Located at 850 Hickory Flat Road, Milton, GA 30004. (Agenda Item No. 15- 105) (Administratively Deferred at April 13, 2015 Regular City Council Meeting) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of RZ14-15/VC14-04 – 3501 Bethany Bend, by Bajun American Properties, L.P. – To Rezone from AG-1 (Agricultural) and TR (Townhouse) to TR (Townhouse) to Develop 77 Townhomes on 10.17 Acres. A Six Part Concurrent Variance to: 1) Reduce the perimeter side [Sec. 64-669(h)(2)(a)]; 2) Reduce the perimeter rear setbacks [Sec. 64-669(h)(3)]; 3) Reduce the landscape strip along Bethany Bend [Sec. 64-1090(a)]; 4) Reduce the 75 foot buffer and 10 foot improvement setback MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2015 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. [Sec. 64-1091(b)]; 5) Allow alleys with only one row of townhomes [Sec. 64-1095(h)]; and 6) Reduce the amount of open space required [Sec. 64-669(j)(1)]. (Agenda Item No. 15- 090) (First Presentation at April 13, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of U15-01/U15-02/VC15-01 – Hopewell Road, 10.142 Acres on the East Side of Hopewell Road with Frontage of Approximately 1,130 Feet Within the 2nd District, 2nd Section, Land Lot 692, by GA Cumberland Association of Seventh Day Adventist – To develop a 37,500 square foot church (64-1804) within four buildings with a maximum number of 600 seats and a 13,000 square foot private school (64-1831) for Pre-k through 8th grade with a maximum of 90 students. A concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 25 foot undisturbed buffer and 10 foot improvement setback along the east and north property lines as shown on the site plan (64-1143(a)(3)b.). (Agenda Item No. 15- 091) (First Presentation at April 13, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of RZ15-01 – To Adopt the Corrected City of Milton Zoning Map as Indicated on the Geographical Information System (GIS) including all Zoning Actions Prior to January 1, 2015 as Shown on “Current Zoning Map Dated January 2015”. (Agenda Item No. 15- 092) (First Presentation at April 13, 2015 Regular City Council Meeting) (Kathleen Field, Community Development Director) 4. Consideration of RZ15-02 – Chapter 64, Article XX, Deerfield Form Based Code, to Amend the Standards and Increase the Geographical Area to Include Areas Within the Highway 9 North Visioning Study. (Agenda Item No. 15- 093) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 5. Consideration of RZ15-04 – Chapter 64, Article VII, Division 5, State Route 9 Overlay District, to Amend the State Route 9 Overlay District Map. (Agenda Item No. 15- 094) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 6. Consideration of RZ15-03 – Chapter 64, Article XIX, Crabapple Form Based Code, to Amend and Add Standards Within the Code. (Agenda Item No. 15- 095) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2015 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Consideration of RZ15-05 – Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. (Agenda Item No. 15- 096) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 8. Consideration of RZ15-06 – Chapter 64-1609, Swimming Pool, Private to Amend Standards for Neighborhood Swimming Pools. (Agenda Item No. 15-097) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 9. Consideration of RZ15-07 – Chapter 64, Article VI, Division 2, AG-1 District to Amend the Permitted Uses to Include Equine Garment Fabrication. (Agenda Item No. 15-098) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 10. Consideration of RZ15-08 – Section 64- 1811, To Delete the “Equine Garment Fabrication” Use Permit. (Agenda Item No. 15-099) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 11. Consideration of RZ15-09 – Section 64- 1, Definitions. To Create a Definition for “Equine Garment Fabrication”. (Agenda Item No. 15-100) (First Presentation at April 13, 2015 Regular City Council Meeting) (Discussed at April 20, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. (Agenda Item No. 15-102) (First Presentation at April 13, 2015 Regular City Council Meeting) (Jim Cregge, Director of Parks & Recreation) MILTON CITY COUNCIL REGULAR COUNCIL MEETING APRIL 27, 2015 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 11) NEW BUSINESS 1. Consideration of a Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board for District 1/Post1. (Agenda Item No. 15-110) (Mayor Joe Lockwood) 2. Consideration of a Proposal to Resolve Aspects of Litigation in T-Mobile v. City of Milton. (Agenda Item No. 15-111) (Kelly Hundley, Attorney for City of Milton) 3. Consideration of a General Release and Settlement of Claims between the City of Milton, Georgia (“Milton”), and Thomas and Judy Barts, Marsha Boston, Fiona Lodge, Lee Davis, and Shewjen Davis (“Property owners”), pursuant to the City’s payment of $10,000 to the Property owners in order to remediate an alleged runoff/sedimentation issue at 235, 245, 255, and 265 Thompson Springs Drive, Milton, Georgia, and for Milton and all of its officers, agents, and employees to otherwise receive a complete and final release related to same. (Agenda Item No. 15-112) (Ken Jarrard, City Attorney) 12) MAYOR AND COUNCIL REPORTS 1. Discussion on Selection of Exterior of City Hall (Final Elevation). (Chris Lagerbloom, City Manager) 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Human Resources 5. Communication 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-113) The minutes were provided electronically 0 HOME OF ' LTON* f i ik ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending March, 2015. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR. 64? --71T REMARKS O NOT APPROVED NO �(} NO () NOT APPROVED qQ 4 © . Yource e fw�j - * * * G*�,,oP;aU Pi10NE: 678.242.2500' FAX: 678.242.2499 reen�,,f info@cityofmiltongmus I www.cityofmiltonga.us "'II C0111'11t1 Unity %'bhi" 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on April 22, 2015 for the April 27, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 6 – March 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.35% over what is anticipated for the sixth period of the fiscal year. Total expenditures to-date are $8,224,865 and are 4.77% 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 $12,139,643, capital expenditures-to-date total $3,023,599. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending March 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,852,000 78,964 79,195 (231) 345,084 220,422 124,662 Motor Vehicle Tax 915,000 45,094 76,250 (31,156) 403,426 381,250 22,176 Intangible Tax 150,000 13,679 12,500 1,179 76,715 62,500 14,215 Real Estate Transfer Tax 75,000 4,321 6,250 (1,929) 38,516 31,250 7,266 Franchise Fees 1,850,000 69,034 360,000 (290,966) 695,909 642,500 53,409 Local Option Sales Tax 8,000,000 653,911 666,667 (12,756) 3,513,157 3,333,333 179,824 Alcohol Beverage Excise Tax 285,000 19,187 23,750 (4,563) 115,484 118,750 (3,266) Business & Occupation Tax 660,000 343,708 330,000 13,708 573,449 594,000 (20,551) Insurance Premium Tax 1,650,000 - - - - - - Financial Institution Tax 33,000 19,200 6,673 12,527 39,673 33,000 6,673 Penalties & Interest 34,600 2,953 1,893 1,061 17,295 156,869 (139,574) Alcohol Beverage Licenses 135,000 1,450 - 1,450 147,400 135,000 12,400 Other Non-Business Permits/Licenses 18,100 2,614 1,342 1,272 11,956 9,250 2,706 Zoning & Land Disturbance Permits 219,600 4,300 18,300 (14,000) 61,610 109,800 (48,190) Building Permits 400,000 54,176 33,333 20,843 229,609 200,000 29,609 Intergovernmental Revenue - - - - - - - Other Charges for Service 486,400 64,484 62,767 1,717 280,406 263,925 16,481 Municipal Court Fines 551,000 42,010 45,917 (3,907) 273,301 275,500 (2,199) Interest Earnings 17,500 2,917 1,458 1,459 15,868 8,750 7,118 Contributions & Donations - 50 50 - 2,589 - 2,589 Other Revenue 23,140 17,839 1,928 15,911 36,194 11,570 24,624 Other Financing Sources 30,900 1,155 1,155 - 12,980 15,450 (2,470) Total Revenues 24,386,240 1,441,047 1,729,427 (288,380)6,890,622 6,603,119 287,503 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,010 10,112 11,221 (1,109) 72,505 74,122 (1,618) City Clerk 192,358 11,680 15,102 (3,422) 78,846 92,220 (13,374) City Manager 675,067 46,889 50,044 (3,155) 287,022 316,508 (29,486) General Administration 39,414 397 3,285 (2,888) 24,235 19,707 4,528 Finance 431,244 30,415 32,044 (1,629) 208,815 223,900 (15,085) Legal 230,000 35,436 38,333 (2,897) 97,684 95,833 1,850 Information Technology 772,467 44,049 50,310 (6,261) 418,476 421,438 (2,963) Human Resources 323,149 18,467 21,706 (3,239) 124,551 140,597 (16,046) Risk Management 251,855 15,966 20,988 (5,022) 107,898 125,928 (18,030) General Government Buildings 380,230 31,269 31,686 (417) 194,676 190,115 4,561 Public Information & Marketing 358,730 23,063 22,224 840 175,075 184,175 (9,100) Municipal Court 301,471 21,618 23,099 (1,481) 126,961 142,232 (15,271) Police 3,956,660 261,941 293,319 (31,378) 1,786,481 1,866,737 (80,256) Fire 5,566,535 389,562 419,856 (30,294) 2,578,531 2,676,646 (98,115) Public Works 1,724,863 193,024 139,313 53,712 838,324 842,831 (4,507) Parks & Recreation 950,945 30,956 43,880 (12,924) 500,306 558,294 (57,987) Community Development 978,451 61,961 75,528 (13,567) 406,151 466,883 (60,732) Economic Development 79,941 3,133 3,047 85 19,212 19,452 (241) Debt Service - Capital Lease Payment 184,517 - - - 179,117 179,117 - Operating Transfers to Other Funds 6,645,265 - - - - - - Operating Reserve 177,068 - - - - - - Total expenditures 24,386,240 1,229,939 1,294,984 (65,046)8,224,865 8,636,735 (411,870) Net Income/(Loss)0 211,108 (1,334,242) Fund Balance - Beginning 10,798,747 10,798,747 Fund Balance - Ending 10,798,747 9,464,505 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 500$ -$ -$ (500)$ Interest Revenues - 2 9 9 Crabapple Fest Sponsor 8,500 - 1,000 (7,500) Earth Day Sponsor 3,500 1,750 1,750 (1,750) Concert Sponsor 12,000 - - (12,000) Mayor's Run Sponsor 500 - 1,000 500 Artisan Farmer's Market Sponsor 18,300 - - (18,300) Craft Beer & Wine Festival Sponsor 35,000 - - (35,000) Donations/MGG - 818 818 818 T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - 675 225 Roundup Food Sales - - - - Total revenues 78,750$ 2,570$ 5,252$ (73,498)$ EXPENDITURES Current: Special Events 123,825$ 2,134$ 21,787$ 102,038$ Total Expenditures 123,825$ 2,134$ 21,787$ 102,038$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ 5,750$ 26,918$ (13,082)$ Total other financing sources and uses 40,000$ 5,750$ 26,918$ (13,082)$ Net change in fund balances (5,075)$ 10,383$ Fund balances - beginning 43,287 43,287 Fund balances - ending 38,212$ 53,670$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 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 - 8,046 34,637 34,637 Interest Revenues/State Funds - 2 14 14 Interest Revenues/Federal Funds - 5 30 30 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ 8,054$ 34,681$ 34,681$ EXPENDITURES Current: Police 33,000$ 1,249$ 12,202$ 20,798$ Total Expenditures 33,000$ 1,249$ 12,202$ 20,798$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 22,480$ Fund balances - beginning 163,191 163,191 Fund balances - ending 130,191$ 185,671$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 33,116$ 280,582$ (519,418)$ Interest Revenue 175 34 156 (19) Total revenues 800,175$ 33,149$ 280,738$ (519,437)$ EXPENDITURES Current: Public Safety 821,000$ 1,310$ 78,427$ 742,573$ Total Expenditures 821,000$ 1,310$ 78,427$ 742,573$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses 400,000$ -$ -$ -$ Net change in fund balances (420,825)$ 202,311$ Fund balances - beginning 479,271 479,271 Fund balances - ending 58,446$ 681,581$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 60,000$ 5,750$ 26,918$ (33,082)$ Total revenues 60,000$ 5,750$ 26,918$ (33,082)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ -$ -$ (20,000)$ Transfers out to Special Events Fund 40,000 5,750 26,918 (13,082) Total other financing sources and uses 60,000$ 5,750$ 26,918$ (33,082)$ 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 March 30, 2015 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ -$ 19,981$ (50,019)$ Sidewalk Replacement Account - - 3,746 3,746 Crabapple Paving Fee - - - - Traffic Calming - - - - Tree Recompense - - - - Landfill Host Fees 90,000 - 30,369 (59,631) HYA Fees - - - Interest Revenue 1,700 14 258 (1,442) Realized Gain or Loss on Investments - - - - Insurance Proceeds - 10,225 10,225 10,225 Insurance Proceeds/Public Safety - - - - Insurance Proceeds/Public Works - - - - Miscellaneous Revenue - 4,929 4,929 4,929 Atlanta HIDTA Stipend - - - - Capital Lease Proceeds - - - - Total revenues 161,700 15,168$ 69,508$ (92,192)$ EXPENDITURES Capital Outlay City Council 300,000$ 180,093$ 355,008$ (55,008)$ General Admin 50,000 - 19,414 30,586 Finance - - - - IT - - - - Police 2,003,226 2,095 1,024,268 978,958 Fire 1,853,287 - 182,417 1,670,870 Public Works 6,622,457 5,212 494,208 6,128,249 Parks & Recreation 1,115,233 152,740 937,014 178,219 Community Development 195,440 3,769 11,270 184,170 Total Capital Outlay 12,139,643$ 343,908$ 3,023,599$ 9,116,044$ Excess of revenues over expenditures (11,977,943) (328,741) (2,954,090) (9,208,236) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ -$ -$ (4,065,206)$ Transfers in from E-911 Fund 400,000$ -$ -$ (400,000)$ Unallocated - -$ -$ -$ Lease Proceeds - -$ -$ - Proceeds of Sale of Assets - -$ -$ - Budgeted Fund Balance - - - - Total other financing sources and uses 4,465,206 - - (4,465,206) Net change in fund balances (7,512,737) (2,954,090) Fund balances - beginning 7,875,774 7,875,774 Fund balances - ending 363,037$ 4,921,684$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 7 Original 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)$ GDOT TAP (Big Creek Greenway)188,623 41,891 41,891 (146,732) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 38,760 622,373 (4,891,679) MARTA Grant 177,355 - 102,705 (74,650) SR 9 @ Bethany Bend Grant 17,726 16,232 16,232 (1,494) GDOT-Signage/Landscaping 4,062 - - (4,062) Trail Connection to Big Creek Greenway - - 15,000 15,000 Interest Revenues - - 44 44 Total revenues 6,601,818$ 96,883$ 1,076,929$ (5,524,889)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 7,261,981$ 3,978$ 1,825,450$ 5,436,531$ Community Development 4,900 - - 4,900 Total Capital Outlay 7,266,881$ 3,978$ 1,825,450$ 5,441,431$ Excess of revenues over expenditures (665,063) 92,906 (748,520) (83,457) OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ -$ -$ 600,180$ Budgeted Fund Balance - - - - Total other financing sources and uses 600,180$ -$ -$ 600,180$ Net change in fund balances (64,883) (748,520) Fund balances - beginning 50,032 50,032 Fund balances - ending (14,851)$ (698,489)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 8 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues Interest Revenues - - 91 91 Contributions & Donations 100,000 - - (100,000) Total revenues 100,000$ -$ 91$ (99,909)$ EXPENDITURES Capital Outlay General Government Buildings 3,133,611$ -$ 104$ 3,133,508$ Parks & Recreation 9,131,258 705,937 2,778,365 6,352,893 Bond Principal 535,000 - - 535,000 Bond Interest 300,000 - - 300,000 Total Capital Outlay 13,099,869$ 705,937$ 2,778,469$ 10,321,400$ Excess of revenues over expenditures (12,999,869) (705,937) (2,778,378) 10,221,491 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 1,979,879$ -$ -$ (1,979,879)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 11,579,879$ -$ -$ 7,620,121$ Net change in fund balances (1,419,990) (2,778,378) Fund balances - beginning 1,419,989 1,419,989 Fund balances - ending (1)$ (1,358,389)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended March 30, 2015 9 HOME OF ' LT 0 N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Proclamation Recognizing Skills USA State Competition Winners at Cambridge High School. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: P APPROVED (} NOx TAPPROVED CITY ATTORNEY APPROVAL REQUIRED. () YES NO CITY ATTORNEY REVIEW REQUIRED: (} YES �(NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. REMARKS o�z�is ®;= YOU PHONE: 678.242.25001 FAX: 678.2422499 I. reen' '� *Certified* Sop 1°' ` City ,r ,%110,,,, Community Ethics info@cityofmiltonga.us i www.cifyofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Recognizing SkillsUSA State Competition Winners at Cambridge High School WHEREAS, Cambridge High School SkillsUSA won gold as a Chapter Excellence Program and is now recognized as one of the 24 chapters in the nation as a National Model of Excellence Chapter, winning 19 gold medals and 54 total medals at the Georgia SkillsUSA Leadership and Skills Competitions; and WHEREAS, SkillsUSA at Cambridge High School is led by Dr. Tom Washburn and Tim Hart and their outstanding student leadership team consisting of Aumber Sharma, Matt Hughes, Sahana Subramanian, Tara MacMillan, Hayriye Polik, Billy Mulroy, Corey Harrison, Asna Ashfaq and Kinsey Robinson, including gold medalist Jordan Crosby, Haley Liakakos, Emmerson McClung, David Ashcom, Sahana Subramanian, Corey Harrison, KJ Hirschi, Akhmet Polik, Leocadia Tchouaffe, Grant Mitchell, Aumber Sharma, Blake Jones, Evan Battaglia, Joshua Adelmann, Lauren Bromelow, Michael DiLeonardo, Luke Freiburg, Summer Lybarger and Wes Washburn; and WHEREAS, SkillsUSA promotes the enhancement of leadership skills by attending leadership training and competitions at the local, state and national level as well as improving leadership skills in all students by hosting leadership events at the school level . By participation in such events, this organization is able to fulfill its motto “Preparing for leadership in the world of work”; and WHEREAS, SkillsUSA at Cambridge High School was well represented with many state competition gold medalists; and WHEREAS, SkillsUSA is a valuable asset to Cambridge High School and the City of Milton through the support of community and charities; and WHEREAS, SkillsUSA prepares students as lifelong learners and highly skilled workers through competitions and study; and WHEREAS, SkillsUSA at Cambridge High School is supported by SkillsUSA State Director, Ashley Brown, Fulton County Career and Technical Education Coordinator, Yolanda Bell, and principal, Dr. Ed Spurka. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedi cate Monday, April 27, 2015 as “SKILLSUSA GOLD MEDALIST DAY” in the City of Milton, Georgia. Given under our hand and seal of the City of Milton, Georgia on this 27th Day of April, 2015. (Seal) _______________________ Joe Lockwood Mayor up HOME OF ' ivttLi ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM. Proclamation Recognizing Cambridge High School Wrestling Team Day. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. (} YES ( NO CITY ATTORNEY REVIEW REQUIRED: () YES NO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: d Z 7 j 'S REMARKS 911# Youm *** PHONE: 678.242.25001 FAX: 678.242.2499 Gf6eli '+1' *Certfied* rnvtou { F'•�;�� info@cityofmiltonga.us I www.cityofmilifonga.us tiVILDIM Community� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'a` Cambridge High School Wrestling Team Day WHEREAS, the Cambridge High School men's varsity wrestling program is recognized and commended for outstanding achievement, and; WHEREAS, in 2012, Cambridge High School officially sanctioned wrestling as a high school sport, and; WHEREAS, the Cambridge High School varsity wrestling team has a tradition of excellence and accomplishment in academic and athletic competition reflecting the highest ideals of hard work, training and sportsmanship, and; WHEREAS, the varsity wrestling team crowned its first state champion, J.R. Salemi, in its inaugural year of 2012, and the team finished third in the 2012-2013 AAAAA Region Championships, and; WHEREAS, the Cambridge varsity wrestling team won the Georgia High School 2013-2014 AAAAA State Championship and crowned three state champions, J. R. Salemi, Brandon Filosi and Devin Kane, as well as two runner-ups, Will Britain and Malik McNeil, and; WHEREAS, the Cambridge varsity wrestling team was ranked first in the state and ended the 2013- 2014 season with a record of 19-3, outscoring their opponents 250 points to 143, and; WHEREAS, the Cambridge varsity wrestling team continued in the pursuit of excellence by finishing sixth in the 2014-2015 Georgia High School AAAAA State Championship, ending the season with a record of 18-6, and; WHEREAS, the Cambridge varsity wrestling team bore witness to the first three-time State Champion, J. R. Salemi, two-time State Champion Devin Kane, as well as two-time runner-up Will Britain, and sixth-place finisher Sean Kaira, and; WHEREAS, Salemi ended his high-school career with a record of 227-14 with 144 pins, went 58-7 this year, and allowed just five points against him in the state tournament, and; WHEREAS, Kane defeated a two-time state champion in one of the quickest and greatest comeback wins in state history, closing out the 2015 season with a 61-1 record, including a record- setting 53 pins, and; WHEREAS, Cambridge’s coaching staff, head coach Don St. James, Michael Metz, Chri s House and Jacob Hale, whose tireless dedication to the wrestlers both on and off the mat made this all possible. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby congratulate the Cambridge High School Wrestling Team. Given under our hand and seal of the City of Milton, Georgia on this 27th day of April, 2015. ________________________________ Mayor Joe Lockwood HOME OF ' FSTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to The Blue Den, Located at 980 Birmingham Road # 200, Milton, GA 30004. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: XAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY PLACED ON AGENDA FOR REMARKS ()APPROVED 0' ?-115 M youlm PHONE: 678.242.25001 FAX: 678.242.2499 infofcityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED �j NO kNO NOT APPROVED Gfid ens► Community 1lILI��LIFt ,� Ethics M To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on April 6, 2015 for the April 27, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to The Blue Den, Located at 980 Birmingham Road #200, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to The Blue Den for consumption on premises of malt beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: The Blue Den Contact Name: Tania Schletty Business Address: 980 Birmingham Road #200, Milton, GA 30004 Type of License: Consumption on Premises – Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of the Issuance of an Alcohol Beverage License to Wilbur & Rudy's Farmtable, LLC, Located at 850 Hickory Flat Road, Milton, GA 30004. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED () 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: � 42 "1 1:5 REMARKS 14 ®You PHONE: 678.242,25001 FAX: 678.242.2499 G'r`een 0 Cerz;fiei* TOP•10° infoGcityofrniifonga.us J www,cifyofmiltonga.us Community 13000 13000 Deerfield Parkway, Suite 107 j Milton GA 30004 �a To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on April 6, 2015 for the April 27, 2015 Regular Council Meeting Agenda Item: Consideration of the Issuance of an Alcohol Beverage License to Wilbur & Rudy’s Farmtable LLC, Located at 850 Hickory Flat Road, Milton, GA 30004. ____________________________________________________________________________ Department Recommendation: Approve the issuance of an alcohol beverage license to Wilbur & Rudy’s Farmtable LLC for Package Retail of Wine and Malt Beverages. Executive Summary: City of Milton Code of Ordinance Chapter 4 allows for the issuance of alcohol beverage licenses to businesses that properly submit application for and meet all of the legal requirements to hold such license. This application was submitted due to opening a new establishment. Staff has processed the application and recommends issuance of the applicable license for: Business Name: Wilbur & Rudy’s Farmtable LLC Contact Name: Ryan Bowersox Business Address: 850 Hickory Flat Road, Milton, GA 30004 Type of License: Package Retail – Wine and Malt Beverages Funding and Fiscal Impact: There is a positive fiscal impact of license fees and/or monthly excise taxes. Alternatives: None. Legal Review: Not required. Concurrent Review: Chris Lagerbloom, City Manager John A Huey, Interim Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. ON HOME OF ' THE BFST QLD ALITY OF Ll;:E IN C_,EOJRGIA' IMILTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ14-151VC14-04 - 3501 Bethany Bend, by Bajun American Properties, L.P. -To Rezone from AG -1 (Agricultural) and TR (Townhouse) to TR (Townhouse) to Develop 77 Townhomes on 10.17 Acres. A Six Part Concurrent Variance to: 1) Reduce the perimeter side [Sec. 64-669(h)(2)(a)]; 2) Reduce the perimeter rear setbacks [Sec. 64- 669(h)(3)]; 3) Reduce the landscape strip along Bethany Bend [Sec. 64- 1090(a)]; 4) Reduce the 75 foot buffer and 10 foot improvement setback [Sec. 64-1091(b)]; 5) Allow alleys with only one row of townhomes [Sec. 64-1095(h)]; and 6) Reduce the amount of open space required [Sec. 64- 6690)(1)]. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: KAPPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES YNO CITY ATTORNEY REVIEW REQUIRED: O YES K NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS Sr-C,s %� �i►J/ T7fi�peA-ti.7 ® )0 You *** PHONE: 678.242.2500 C FAX: 678.242.2499 Green1v *, * lx,xifie,3 � �l'ILhLIFk. infoC�cityofmilfonga.us www.cityofmiltanga.us Communit om y �Eishlcs 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 "`" 'B` Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 1 of 26 RZ14-15/VC14-04 PETITION NUMBERS RZ14-15/VC14-04 PROPERTY INFORMATION ADDRESS 3501 Bethany Bend DISTRICT, LAND LOTS 2/1 971 and 972 OVERLAY DISTRICT State Route 9 EXISTING ZONING TR (Townhouse Residential) and AG-1 (Agricultural) PROPOSED ZONING TR (Townhouse Residential) ACRES 10.17 EXISTING USE Undeveloped and Single Family Residential PROPOSED USE 76 Townhomes* PETITIONER Bajun American Properties L.P., Korey Jones ADDRESS 220 S. Main Street Alpharetta, GA 30009 REPRESENTATIVE AEC, INC. ADDRESS 50 Warms Springs Circle Roswell, GA 30072 INTENT To rezone from AG-1 and TR to TR to develop 76 townhomes on 10.17 acres for a density of 7.47 units per acre.* The applicant is also requesting a six part concurrent variance to: 1) Reduce the perimeter side setbacks (Sec. 64-669(h)(2)(a)); 2) Reduce the perimeter rear setbacks (Sec. 64-669(h)(3)); 3) Reduce the landscape strip along Bethany Bend (Sec. 64-1090 (a)); 4) Reduce the 75 foot buffer and 10 foot improvement setback (Sec. 64-1091(b)); 5) Allow alleys with only one row of townhomes (Sec. 64-1095 (h)); 6) Reduce the amount of open space required (Sec. 64-669 (j) (1)). Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 2 of 26 RZ14-15/VC14-04 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 3 of 26 RZ14-15/VC14-04 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JANUARY 28, 2015 RZ14-15– DENIAL VC14-04, Parts 2 through 6 – DENIAL Part 1 – WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – JANUARY 28, 2015 RZ14-15– DEFERRAL TO FEBRUARY 25, 2015 - 6-1 VC14-04, Parts 1 through 6 – DEFERRAL TO FEBRUARY 25, 2015 – 6-1 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – FEBRUARY 25, 2015 (This meeting was cancelled due to in climate weather) RZ14-15– DENIAL VC14-04, Parts 2 through 5 – DENIAL Parts 1 and 6 – WITHDRAWAL THE APPLICANT REQUESTED A WITHDRAWAL AS STATED IN A LETTER DATED MARCH 24, 2015 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MARCH 25, 2015 RZ14-15– DENIAL VC14-04, Parts 2 through 5 – DENIAL Parts 1 and 6 – WITHDRAWAL PLANNING COMMISSION RECOMMENDATION – MARCH 25, 2015 RZ14-15– WITHDRAWAL – 7-0 VC14-04, Parts 1 through 6 – WITHDRAWAL – 7-0 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 4 of 26 RZ14-15/VC14-04 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 5 of 26 RZ14-15/VC14-04 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 6 of 26 RZ14-15/VC14-04 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 7 of 26 RZ14-15/VC14-04 SITE PLAN SUBMITTED ON OCTOBER 1, 2014 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 8 of 26 RZ14-15/VC14-04 REVISED SITE PLAN SUBMITTED JANUARY 7, 2015 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 9 of 26 RZ14-15/VC14-04 REVISED SITE PLAN SUBMITTED FEBRUARY 19, 2015 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 10 of 26 RZ14-15/VC14-04 OPEN SPACE EXHIBIT – FEBRUARY 19, 2015 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 11 of 26 RZ14-15/VC14-04 SUBJECT SITE: The subject site contains 10.17 acres and is developed with a single family residence and undeveloped land. A portion of the overall site, 4.94 acres had previously been rezoned to TR (Townhouse Residential) and a Use Permit for Senior Living at a density of 19.84 units per acre pursuant to RZ08-08 and U08-04. The 2030 Future Land Use Plan designates the subject site as “High Density Residential” which allows 3 to 5 units per acre. Staff notes that on the map, it indicates “Retail, Service Commercial” on a portion of the site but should be located on the O-I district to the south. This designation is incorrectly represented on the 2030 Future Land Use Plan Map. SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted on February 19, 2015 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) Based on all the requirements pursuant to Sec. 64-669, the site plan indicates compliance with the development standards for TR (Townhouse Residential) with the exception of the following: VC14-04, Part 1 - Sec. 64-669(g)(3) – Reduce the perimeter side setbacks. In the original site plan, there was a need for a concurrent variance to the minimum perimeter setback for the entire TR development for the side yards (30 feet). Staff did not receive the revised site plan and letter of intent prior to the advertising for this revised request. The revised site plan received on February 19, 2015 does show compliance and therefore, Staff recommends WITHDRAWAL of Part 1 of VC14-04. The site plan does not comply with the following: VC14-04, Part 2 (Sec. 64-669(h)(3)) - Reduce the perimeter rear setbacks A 35 foot perimeter setback for the rear yard is required. Although the requested variance is adjacent to existing TR (Townhouse) zoned developments, the rear setback identified as A are located adjacent to existing single family residences within the Hidden Forest Subdivision and does not provide adequate separation between the two types of development. In addition, the applicant has not Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 12 of 26 RZ14-15/VC14-04 demonstrated compliance with the following considerations when evaluating a variance: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. It is Staff’s opinion that the applicant can develop the property with townhomes with fewer units and not require the requested concurrent variance cited above. Therefore, Staff recommends DENIAL of VC14-04, Part 2. VC14-04, Part 6, Sec. 64-669(j)(1) – Required open space or recreational facilities for developments with more than 50 units, a minimum of 1,000 square feet per unit of open space or recreational facilities within the development. Staff has included the Zoning Ordinance’s definition of “open space” below: “Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots.” Based on the requirement of 1,000 square feet per unit, a minimum of 76,000 square feet is required. The applicant states on the site plan that there is a total of 2.98 acres (approximately 130,090 square feet) of open space. Since the January Planning Commission Meeting, the applicant has submitted an exhibit depicting the areas designated as “open space”. A large portion of the open space is within the 100 year floodplain. After discussions with the City of Milton’s Stormwater Engineer, it was explained that utilizing floodplain for activities such as greenways, recreational fields, etc. is common practice and that floodplain is not considered a “sensitive environmental area”. Therefore, based on the submitted information, the revised site plan meets the above requirement for open space and Staff recommends WITHDRAWAL of VC14-04, Part 6. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 13 of 26 RZ14-15/VC14-04 The applicant has indicated that the proposed townhomes will be fee simple and therefore requires the following: Sec. 50-159(f) - Each lot shall have direct access to an abutting, existing public street or to a street contained within the proposed subdivision. A connection through an approved private drive may be permitted by the director. Lots 47 and 49 and 66-68 do not have direct access to a street. These lots should be deleted or re-configured to meet the above requirement. Except for the frontage along Bethany Bend, there are no internal sidewalks indicated on the site plan. Sidewalks are required on both sides of the street pursuant to Sec. 50-182(d). In addition, the State Route 9 Overlay District requires that sidewalks be a minimum of six feet in width. For those units that have front entry garages, Staff will require that a minimum 20 foot setback from the garage door to the back of the curb be provided in order to ensure that the sidewalk is not blocked by a vehicle parked in the driveway. This requirement will be included in the Recommended Conditions. Staff notes that a 20-foot landscape strip is required around the detention pond. It appears that the site plan complies with this requirement. In addition, a black four board equestrian fence shall be constructed interior to the landscape strip. STATE ROUTE 9 OVERLAY DISTRICT Townhouse developments are required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. Landscape Strips and Buffers Pursuant to Sec. 64-1090, a 10 foot landscape strip is required adjacent to a non- residential use. Staff notes that a 25 foot buffer and 10 foot improvement setback is shown on the south property line but only requires a 10 foot landscape strip adjacent to O-I (Office-Institutional) developed with the Red Apple Montessori School. A minimum 20-foot-wide landscape strip along the following roads is required when article III of this zoning ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend. Staff notes that the TR (Townhouse District) requires a 40 foot landscape strip since article III requires this dimension and therefore the subject property will require a 40 foot landscape strip along Bethany Bend. Staff notes that landscape strips may straddle between the subject site Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 14 of 26 RZ14-15/VC14-04 and the right-of-way. It appears that the revised site plan does not meet this standard and therefore the applicant requests the following concurrent variance: VC14-04, Part 3, Sec. 64-1090 (a)) - Reduce the landscape strip along Bethany Bend The applicant has requested this concurrent variance based on the fact that the new development standards for the TR district reduced the front yard setback from 40 to 20 feet to move buildings closer to the road. While Staff is in support of this request to be consistent with the new setback standard, it is necessary to recommend DENIAL of VC14-04, Part 3 based on the fact that Staff recommends that the request to rezone be denied. Pursuant to Sec. 64-1091 (b), for sites on more than four acres, a 75-foot wide undisturbed buffer, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. It appears that the site plan is in compliance along some property lines but not others. The applicant has requested the following concurrent variance: VC14-04, Part 4, Sec. 64-1091(b) Reduce the 75 foot buffer and 10 foot improvement setback A concurrent variance has been requested to reduce the 75 foot wide and ten- foot improvement setback to a 20 foot landscape buffer for property lines labeled as “B” on the revised site plan. Staff notes that lots 47 and 48 encroach into the proposed 20 foot landscape strip and if this concurrent variance is approved must comply with the proposed 20 foot landscape strip. The applicant has not demonstrated compliance with the following considerations when evaluating a variance: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. It is Staff’s opinion that the applicant can develop the property with townhomes with fewer units and not require the requested concurrent variance cited above. Therefore, Staff recommends DENIAL of VC14-04, Part 4. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 15 of 26 RZ14-15/VC14-04 Pursuant to Sec 64-1095 (h), alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and/or alleys at the rear of each building lot. The revised site plan is not in compliance with this requirement for lots 51 through 59. The applicant has requested the following concurrent variance: VC14-04, Part 5, Sec. 64-1095(h) -Allow alleys with only one row of townhomes The applicant has not demonstrated compliance with the following considerations when evaluating a variance: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance; (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant; (3) Relief, if granted would not cause a substantial detriment to the pub lic good and surrounding properties; and (4) That the public safety, health and welfare are secured, and that substantial justice is done. It is Staff’s opinion that the applicant can develop the property with townhomes with fewer units or redesign the site plan and not require the requested concurrent variance cited above. Therefore, Staff recommends DENIAL of VC14- 04, Part 5. Fencing Pursuant to 64-1092 (i) the Overlay requires a black four board black equestrian fence, not exceeding 55 inches in height along Bethany Bend. ENVIRONMENTAL SITE ANALYSIS Staff notes that the applicant has incorrectly identified the Comprehensive Plan’s recommended density for the subject site utilizing the 2025 Focus Fulton Comprehensive Plan that the City had adopted at its incorporation. At that time, the recommendation was for residential, 5-8 units per acre. Since that time, the City adopted the 2030 Comprehensive Plan and designated the subject site as residential, 3-5 units per acre. In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does contain wetlands, Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 16 of 26 RZ14-15/VC14-04 floodplains, streams but does not contain steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey and arborist’s report in a separate document. ARBORIST COMMENTS Tree Density Units removed = 408.4 Replacement tree density unit per tree = 0.7 Replacement trees - 583 trees x $500.00 per tree = $291,500.00 CITY OF MILTON FIRE MARSHAL Any road that provides access to a building needs to be at least 24 feet face-to- face, including all alley ways. The proposed development eliminates the current emergency access to Hidden Forest. An alternative access needs to be demonstrated to access Hidden Forest. PUBLIC WORKS 1. Pedestrian facilities on Bethany Bend not shown in accordance with City Code of Ordinances 2. Minimum driveway spacing is 300 ft. 3. Entrance configuration to be coordinated with DRI 2355. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 17 of 26 RZ14-15/VC14-04 COST TO SERVE ANALYSIS PUBLIC INVOLVEMENT On October 28, 2014 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were five members of the community in attendance. The community asked the applicant some general information questions about the project. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 18 of 26 RZ14-15/VC14-04 PUBLIC PARTICIPATION REPORT The applicant submitted the required Public Participation Report on February 18, 2015. A copy of the report is included at the end of the Staff Report. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – November 4. 2014 Comments: Seems like the density is too high. Suggest no more than 6 units to the acre. Can’t fathom all the development that is going in that corridor, with only a round-about. McGinnis Ferry really needs to be a four lane road. We have to be responsible. 77 homes, 17 of them are in the buffer (setback). Why? It seems to be a function of the orientation of the homes. If you turn them the other way, they would be out of the setback. Setbacks serve a purpose. Along Bethany Bend, all other townhomes have a visual buffer. Yours do not. These are right up on top of the road. Facing Bethany Bend is an important step. How does this incorporate with what Forsyth is incorporating across the street? Would like to see the bigger picture. How do the two projects tie in together? Concerned with the properties neighboring the proposed development, and the proposed houses in the setback. These houses should be moved out of the setback. Figure out a plan to honor the setbacks. Create a landscape screen. Try to get away from the t-form of the roads. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed development of 76 townhomes at a density of 7.47 units per acre is unsuitable based on the adjacent and nearby developments. Specifically, The Hidden Forest Subdivision is developed with single family homes to the west of the site (townhomes are located further to the west) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 19 of 26 RZ14-15/VC14-04 at a density of 4.99 units per acre zoned TR (Townhouse Residential). In addition Windcrest Park further to the north is developed with townhomes at a density of 6.76 units per acre zoned TR (Townhouse Residential). Furthermore, Spring Valley townhomes are developed at 7.86 units per acre but both Windcrest Park and Spring Valley townhomes were approved under Fulton County when their 2025 Focus Fulton Comprehensive Plan recommended 5-8 units per acre. The City of Milton approved their 2030 Comprehensive Plan recommending High Density Residential at 3 to 5 units per acre in 2011 based on the city’s vision for the area and to minimize continued development above 5 units per acre. Therefore, it is Staff’s opinion that the proposed townhouse development at 7.47 is unsuitable in view of the adjacent and nearby properties. Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area Northwest 1 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. Northwest 2 Z97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. West 3 Z02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Southeast 4 Z96-124 A (Medium Density Apartment) Conditional The Preserve at Deerfield 12 units/acre 3 stories South 5 Z03-152 O-I (Office-Institutional) Conditional Red Apple Montessori School School in existing structure East (Forsyth County) 6 MPD (Master Plan Development) Deerfield Township 114,800 sq.ft. – retail 35,200 sq.ft. – office 300 units – CCRC 92,000 sq.ft. – self storage 283 single family units 800 multi-family units Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 20 of 26 RZ14-15/VC14-04 Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 21 of 26 RZ14-15/VC14-04 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will adversely affect the existing use of the single family residences within Hidden Forrest if the required buffers and setbacks are not developed as well as the proposed density of 7.47 units per acre on the subject site. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? A portion of the subject site may have a reasonable use as currently zoned TR (Townhouse Residential) and a Use Permit for Senior Housing approved for 19.84 units per acre pursuant to RZ08-08 and U08-04. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does anticipate an impact on transportation facilities which will increase due to a large mixed use development in Forsyth County on Strickland Road. The proposed site plan indicates a roundabout that will be constructed by the developer in Forsyth County. The elementary and middle schools show impact. The proposed development is estimated to add 8 to 13 for Cogburn Woods Elementary; 0 to 14 for Hopewell Middle School; and 5 to 16 for Cambridge High School. Cambridge High School’s enrollment is below the building’s capacity by 112 students. Hopewell Middle’s enrollment exceeds the building’s capacity by 168 students. Cogburn Woods Elementary’s enrollment exceeds the building’s capacity by 75 students. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: – 2030 City of Milton Comprehensive Plan recommends High Density Residential developed at 3 to 5 units per acre. Proposed use/density: 76 Townhomes at 7.47 units per acre* The Milton City Council adopted the Comprehensive Plan on June, 2011. The proposed development of townhomes at a density of 7.47 units per acre is inconsistent with the proposed 3 to 5 units per acre and therefore is Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 22 of 26 RZ14-15/VC14-04 inappropriate for the proposed site. In addition the proposed development is inconsistent with the following plan policies: We will accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City. 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. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? A portion of the subject site is currently approved for a Use Permit to develop senior housing at a density of 19.84 units per acre. Even at the time of the approval in 2008, the 2025 Focus Fulton Plan that was adopted by the City at its incorporation recommended 5 to 8 units per acre. Staff notes that the Use Permit allows the senior housing to be approved up to 20 units per acre not withstanding what the comprehensive plan recommends. Staff does not consider this a reason to support the higher density of the proposed development. In addition, the number and type of concurrent variances requested demonstrates that the proposed 76 townhomes is inappropriate for the subject site. Therefore, Staff recommends that the proposed request to rezone from TR (Townhouse Residential) and AG-1 (Agricultural) be DENIED. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. CONCLUSION The proposed development is inconsistent with the 2030 City of Milton Comprehensive Plan’s suggestion of High Density Residential developed at 3 to 5 units per acre and the proposed site plan does meet the standards of the TR (Townhouse Residential) district and State Route 9 Overlay District. Therefore, Staff recommends DENIAL of RZ14-15 to rezone from TR (Townhouse Residential) and AG-1 (Agricultural) to TR (Townhouse Residential) to develop 77 townhomes. In Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 23 of 26 RZ14-15/VC14-04 addition, Staff recommends DENIAL of VC14-04, Parts 2-5 and WITHDRAWAL of VC14-04, Parts 1 and 2. If the Mayor and City Council recommends approval, Staff provides the following Recommended Conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 24 of 26 RZ14-15/VC14-04 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Townhouse dwellings and accessory uses and structures. b) No more than 76 townhouse dwelling units at a maximum density of 7.47 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 19, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) For those units that are front loaded, minimum setback from the garage door to the back of the sidewalk shall be 20 feet. b) Reduce the perimeter rear setbacks as shown on the revised site plan referenced in Condition 2.a. (VC14-04, Part 2) Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 25 of 26 RZ14-15/VC14-04 c) Reduce the landscape strip along Bethany Bend as depicted on the revised site plan referenced in Condition 2.a. (VC14-04, Part 3). d) Reduce the 75 foot buffer and 10 foot improvement setback as depicted on the revised site plan referenced in Condition 2.a. (VC14-04, Part 4). e) Allow alleys with only one row of townhomes. (VC14-04, Part 5) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way ii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) SB Right Turn Lane on Bethany Bend at new right in – right out access drive, 2) Extend right turn lane from proposed right in – right out drive to tie into separated left and right lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Access locations and infrastructure improvements are based on coordination with DRI 2355 and if Prepared by the Community Development Department for the Mayor and City Council Meeting on April 13, 2015 (First Presentation) *Based on a revised site plan submitted on February 19, 2015. 4/7/2015 Page 26 of 26 RZ14-15/VC14-04 there are any deviations from the installation of roadway improvements as conditions to GRTA Notice of Decision, the owner may be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Community Development and Public Works Departments. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five- board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b) Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. ORDINANCE NO._______ PETITION NO. RZ14-15/VC14-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) AND TR (TOWNHOUSE RESIDNTIAL) TO TR (TOWNHOUSE RESIDENTIAL) FOR 76 TOWNHOMES ON 10.17 ACRES LOCATED AT 3501 BETHANY BEND BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 27 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located 3501 Bethany Bend consisting of a total of approximately 10.17 acres as described in the attached legal description, be rezoned to the TR (Townhouse Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 971 and 972 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 13 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 27th day of April, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse Residential) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Townhouse dwellings and accessory uses and structures. b) No more than 76 townhouse dwelling units at a maximum density of 7.47 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 19, 2015. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) For those units that are front loaded, minimum setback from the garage door to the back of the sidewalk shall be 20 feet. b) Reduce the perimeter rear setbacks as shown on the revised site plan referenced in Condition 2.a. (VC14-04, Part 2) c) Reduce the landscape strip along Bethany Bend as depicted on the revised site plan referenced in Condition 2.a. (VC14-04, Part 3). d) Reduce the 75 foot buffer and 10 foot improvement setback as depicted on the revised site plan referenced in Condition 2.a. (VC14-04, Part 4). e) Allow alleys with only one row of townhomes. (VC14-04, Part 5) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way ii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lane on Bethany Bend at new right in – right out access drive, 2. Extend right turn lane from proposed right in – right out drive to tie into separated left and right lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Access locations and infrastructure improvements are based on coordination with DRI 2355 and if there are any deviations from the installation of roadway improvements as conditions to GRTA Notice of Decision, the owner may be required to conduct a traffic study to determine if the development warrants any additional improvements at no cost to the city. If improvements are determined to be warranted, owner shall install those at no cost to the city. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Community Development and Public Works Departments. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b) Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. REVISED SITE PLAN SUBMITTED ON FEBRUARY 19, 2015 A HOME OF' IVB. I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of U15-011U15-02NC15-01 — Hopewell Road, 10.142 Acres on the East Side of Hopewell Road with Frontage of Approximately 1,130 Feet Within the 2nd District, 2nd Section, Land Lot 692, by GA Cumberland Association of Seventh Day Adventist — To develop a 37,500 square foot church (64-1804) within four buildings with a maximum number of 600 seats and a 13,000 square foot private school (64-1831) for Pre -k through 8th grade with a maximum of 90 students. A concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 25 foot undisturbed buffer and 10 foot improvement setback along the east and north property lines as shown on the site plan (64-1143(a)(3)b.). MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES k NO CITY ATTORNEY REVIEW REQUIRED: (} YES XNO APPROVAL BY CITY ATTORNEY O APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: 0L/2, -1/S- REMARKS 14)ol r740,0 ©. You - - -- PHONE: 678.242.25001 FAX: 678.242.2499 Gr- e''e n 0' ,���r,�«r t infoC�cityofmil#onga.us I www.ci#yo#miltonga.us Community ® � � 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004"� '�E April 8,201S City of Milton 13000 Deerfield Parkway Ste. 107 Milton, GA 30004 To Whom It May Concern, Re: U15-01IU15-02NC 15-01 RECEIVE APR 0 9 2015 BY: � Alpharetta Adventist Church All Nations Church Rusty Williams. Pastor 167$] 778-1778 pastors-tistywillialns(iogmail.cam wv�w.alpharettasda cam www allnationssc a org Due to recent developments, and our consistent desire for our ministry to have a favorable impact on the surrounding community, the Seventh -day Adventist Church is withdrawing it's request for a Use Permit at 14475 Hopewell Road, Milton, GA 30004. Our mission is to share the Good News of the Corning of Jesus Christ (thus the "Adventist" part of our name), and that we need to be ready to meet Him by completely submitting our lives to Him. In order to put a church and school on this particular piece of property it would violate a wider principle that Jesus spoke of, and that is to "love thy neighbor." We cannot see a way forward to do both, therefore we humbly withdraw our request. Thank you for your time and energy in this matter, Rusty Williams Pastor Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 1 of 18 PETITION NUMBERS U15-01/U15-02/VC15-01 ADDRESS Hopewell Road DISTRICT, LAND LOT 2/2, 692 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMITS Church (Sec 64-1804) and Private School (Sec. 64- 1831) ACRES 10.142 EXISTING USE Equestrian farm and accessory buildings PROPOSED USES Church and Private School OWNER Mary Catherine Sneed ADDRESS 1075 Lake Windward Overlook Alpharetta, GA 30005 APPLICANT GA Cumberland Association of Seventh Day Adventist ADDRESS 255 Conference Road NE Calhoun, GA 30701 REPRESENTATIVE Rusty Williams ADDRESS 3945 Spalding Bluff Drive Norcross, GA 30092 To develop a 37,500 square foot church (64-1804) within four buildings with a maximum number of 490 seats and a 13,000 square foot private school (64-1831) for Pre-k through 8th grade with a maximum of 60 students. A concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 25 foot undisturbed buffer and 10 foot improvement setback along the east property line and to a 50 foot undisturbed buffer and 10 foot improvement setback along a portion of the north property line as shown on the site plan (64-1143(a)(3)b.).* Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 2 of 18 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – MARCH 25, 2015 U15-01 - APPROVAL CONDITIONAL U15-02 – APPRVAL CONDITIONAL VC15-01 – DENIAL Staff notes that the applicant agreed at the Planning Commission Meeting to conform to the required buffer as it relates to the requested concurrent variance VC15-01. PLANNING COMMISSION RECOMMENDATION – MARCH 25, 2015 U15-01 – DENIAL (7-0) U15-02 – DENIAL (7-0) VC15-01 – DENIAL – (7-0) The Planning Commission made the following statements to support their recommendation of Denial for the proposed church and school: 1) Too many unknown factors for the future such as future users of the site if the current applicant leaves the property. 2) Believes that there is too much development on the ten acres. 3) Concerned with the number of community members in opposition and the proposal not sensitive to the community. 4) The proposed uses do not add to the tax base and is not consistent with the 2030 Future Land Use Plan and Rural Viewshed. 5) The proposed uses are quasi- commercial in nature and not appropriate on this site. SUMMARY OF COMMENTS FROM THE COMMUITY AT THE PUBLIC HEARING 1) Too much traffic on Hopewell Road and bad sight distance from the newly located proposed entrance near Seven Gables Farm. 2) Needs to be on a larger parcel and uphold the rural values of the City. 3) Presented a petition of 104 signatures in opposition to the project. 4) Do not need additional schools or churches in the area. 5) The uses do not provide tax revenue for the City. 6) The proposed uses do not preserve the rural character and not consistent with the 2030 Future Land Use Plan. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 3 of 18 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 4 of 18 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 5 of 18 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 6 of 18 SITE PLAN SUBMITTED – JANUARY 30, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 7 of 18 REVISED SITE PLAN SUBMITTED – MARCH 17, 2015 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 8 of 18 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 9 of 18 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 10 of 18 SUBJECT SITE: The subject site is zoned AG-1 (Agricultural) and developed with an equestrian farm with accessory structures on 10.142 acres. SITE PLAN ANALYSIS Based on the applicant’s revised site plan and revised letter of intent submitted to the Community Development Department on March 17, 2015, Staff offers the following considerations: Church (Section 64-1804) Required Standard Meets the Standard (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R- 2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, TR, NUP, A, A-L, and AG-1. Yes, zoned AG-1 (b) Standards. 1. All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG-1 district used for single-family dwellings. Yes No 2. No parking shall be located within the minimum front yard setback. Yes 3. Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. Yes, concurrently requesting Use Permit for Private School 4. The minimum buffers and landscape strips required for the O -I zoning district as specified in article III of this zoning ordinance shall be required. (Staff notes that Sec. 64-1143(a.)3, Rural Milton Overlay District requires a larger undisturbed buffer, and per the Zoning Ordinance shall supersede this requirement.) No, See VC15-01 discussed under the Rural Milton Overlay Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 11 of 18 Private School (Section 64-1831) Required Standard Meets the Standard (a) Required districts. All. Yes (b) Standards. 1. Minimum lot area shall be one acre. Yes If 2. If located within a form based code overlay, adjacent to a single- family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. (Staff notes that Sec. 64-1143(a.)3, Rural Milton Overlay District requires a larger undisturbed buffer, and per the Zoning Ordinance shall supersede this requirement.) No, See VC15-01 discussed under the Rural Milton Overlay 3. Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG-1 district used for single-family dwellings. Yes 4. Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. Yes 5. Day care facilities in association with the school do not require a separate use permit. (Applicant is not requesting a day care facility) Yes 6. Parking areas shall not be located within 50 feet of any residential district or AG-1 district used for single-family dwellings. Yes 7. Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. Yes 8. Permitted curb cut access shall not be from a local street. Yes 9. In accordance with section 64-2131, submit a noise study report as required. (not required for this location) Not Applicable Discussion of Use Permit Standards The applicant meets the standard for both the church and private school with the exception of the un-disturbed buffer which will be discussed below in the Rural Milton Overlay requirements. Rural Milton Overlay District The proposed site plan meets the requirements of the Rural Milton Overlay District as required pursuant to Sec. 64-1143 except for the following requested concurrent variance. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 12 of 18 VC15-01 – 64-1143(a)(3)b. The applicant is requesting a concurrent variance to reduce the 75 foot undisturbed buffer and 10 foot improvement setback to a 25 foot undisturbed buffer and 10 foot improvement setback along the east property line and to a 50 foot undisturbed buffer and 10 foot improvement setback along a portion of the north property line as shown on the revised site plan received on March 17, 2015. Although the applicant has a letter indicating support from the Seven Gables Farm to the east, to reduce the undisturbed buffers, it is Staff’s opinion that the applicant has not demonstrated that the concurrent variance is not self- imposed. Furthermore, it is Staff’s opinion that when phase 2 of the church is developed, it will be necessary to provide the undisturbed buffer to reduce the light and noise coming from the activities on the site. Therefore, Staff recommends DENIAL of VC15-01. City Arborist This site is fairly densely vegetated with a good mix of oak trees and pine trees. Ninety percent (90%) of the southern undisturbed buffer and one hundred percent (100%) of the Rural View Shed is sufficient to meet the buffering and view shed requirement. The approximate 500 ft. of the rear and approximate 230 ft. of the side/rear buffer does not meet the buffer requirements. The site will exceed the tree density unit requirement. There are three specimen trees: two 30” pine trees which are shown to be removed in the first phase and a 36” oak tree in the southeast corner. The plan shall be designed so as not to remove or encroach into the oak tree. No state waters were observed on this site. Fire Marshal All buildings will need to provide sprinkler systems and a remote Fire Department Connection (FDC). Hydrant locations will also be evaluated based on the final site plan. Transportation 1. Frontage improvements not shown on site plan 2. Site plan shows gravel drive on north/east end of property and access across from Foxhollow Run (Greystone Farms subdivision). Need to confirm entrance location, sight distance, etc. 3. Traffic Study Information is included at the end of the report. These numbers are based on the original 600 seat church and 90 student school. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 13 of 18 Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed as required by the Zoning Ordinance. On the site, there are no wetlands, floodplain, streams, steep slopes or archeological/historical sites. There is no endangered vegetation or wildlife on the site. The applicant has submitted the appropriate tree survey and shall comply with the City of Milton Tree Ordinance. Public Involvement Community Zoning Information Meeting On February 24, 2015 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were 23 members of the community in attendance at the meeting. The following issues were brought up at the meeting: Concerned that the rural viewshed would be impacted negatively. Did not like the entrance to the church right across from Greystone Farms subdivision. Did not like the long range plan for a maximum of 600 seat sanctuary and 90 student school. Too much traffic if developed as shown. The development’s impact on neighbors to the south regarding stormwater runoff and possible flooding of Hopewell Road. The buildings were too close to Hopewell Road. Potential to rent to other churches on other days of the week. City of Milton Design Review Board Meeting Courtesy Review – March 3, 2015 The following comments were made at the meeting: Maintain the rural viewshed in its natural state. Pertaining to the noise level, we recommend no external pa (public address) systems. Lighting shall be per the night sky ordinance. Perhaps further restrict the lighting based on time. For the protection of the people on the south property line, increase buffer, by width or density, to screen parking. Rework the parking lot in phase 1 to move it back from the 75 foot buffer, providing minimal impact for the Garrisons and McMasters. Parking should be screened to reduce the amount of light and cars that the adjacent properties see. Move that future administration building in order to place parking there. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 14 of 18 Move the dumpster closer to the road, so that the smell does not travel downwind, and the noise of the truck will cause as little disturbance as possible. Public Participation Plan and Report The applicant submitted the Public Participation Report on March 13, 2015. The public participation meeting was held on March 12, 2015 at 7:00 p.m. at the Kroger Community Room on Highway 9 and Windward Parkway. There were 16 people in attendance including 9 community residents and 7 members of the church. The summary of the meeting and other attachments are included at the end of this report. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: 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 permits for a church and private school are permitted in the AG-1 (Agricultural) district which is an acceptable zoning district for the AEE land use category. In addition, the following Plan Policy is consistent with the proposed uses: 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. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is located on the southeast side of Hopewell Road. The Seven Gables Farm, zoned AG-1 (Agricultural) is located to the east. Sunnybrook Farms Subdivision is located to the south zoned AG-1 (Agricultural) and developed with large estate lots. Greystone Farms Subdivision is located to the northwest zoned CUP (Community Unit Plan) approved for minimum one acre lots. In addition there are scattered Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 15 of 18 single family residences along the northwest side of Hopewell zoned AG-1 (Agricultural). It is Staff’s opinion that the proposed church and private school is compatible with adjacent and nearby properties if approved with the Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of U15-01 and U15-02. 2. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variance is approved. 3. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use’s effect on the traffic flow, vehicular and pedestrian, along adjoining streets should be mitigated with the recommended location of the entrance on the eastern portion of the site, conditions relating to traffic, the limited days that the property is utilized and the proposed size of the church and private school. 4. The location and number of off-street parking spaces; The required number of parking spaces is one space per 3.5 seats. Based on phase 1, which is proposed for 249 seats, a total of 72 spaces are required. There are 75 spaces required of which three are handicapped. For phase 2, a total of 490 seats are proposed which requires 140 parking spaces of which eight should be handicapped. There are a total of 104 spaces provided in phase 2 for a total of 179 spaces. The private school requires two parking spaces per classroom. There will be four classrooms which require a total of eight parking spaces. Since the school will be operating when the church is not, the existing spaces can be utilized. The proposed number of parking spaces exceeds the required number by 39 spaces. Staff recommends that the site plan be revised to reflect the needed number of spaces and or construct the outlying parking spaces with alternative pervious materials. 5. The amount and location of open space: The proposed site provides adequate open space on the site if approved with the recommended conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 16 of 18 6. Protective screening: The Rural Milton Overlay requires a larger buffer than the Use Permits for the church and private school. Therefore, a 75 foot undisturbed buffer and 10 foot improvement setback adjacent to all interior property lines are required. The applicant has requested a concurrent variance to reduce a portion of these undisturbed buffers, but Staff recommends Denial based on the fact that there is not a hardship that is not self- imposed and that due to the potential intensity of the site and its effect on adjacent properties in the future, the entire 75 foot undisturbed buffer is needed to ameliorate the church and school activities from the adjacent properties. 7. Hours and manner of operation: Church: Saturdays 9:00 am – 1:00 pm Wednesday 7:30 pm – 9:00 pm Various unscheduled evening meetings Sunday Rental 9:00 am – 1:00 pm School: Monday –Friday 8:00 am – 3:30 pm It is Staff’s opinion that the above mentioned hours of operation are reasonable for the proposed uses. 8. 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. 9. Ingress and egress to the property. Although the site plan indicates an entrance in front of Greystone Farms Subdivision, Staff recommends that it be relocated to the eastern portion of the site approximately where the existing gravel driveway is located. This will allow further preservation of the 60 foot rural viewshed along Hopewell Road. CONCLUSION If approved with the Recommended Conditions, the proposed church and private school are consistent with the City of Milton 2030 Future Land Use Plan and Policies. Therefore, Staff recommends U15-01 and U15-02 be APPROVED CONDITIONAL. Additionally, Staff recommends VC15-01 be DENIED. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 17 of 18 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Church (Sec. 64-1804) and a Private School (Sec. 64-1831) 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) A 37,500 square foot church and recreation building within three buildings with a maximum number of 490 seats. (U15-01) b) A 13,000 square foot private school for Pre-k through 8th grade with a maximum of 60 students. (U15-02) b) The hours of operation shall be the following: i. Church: Saturdays 9:00 am – 1:00 pm Wednesday 7:30 pm – 9:00 pm Various unscheduled evening meetings Sunday Rental 9:00 am – 1:00 pm ii. School: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 17, 2015. 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. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 13, 2015). *Based on the Revised Letter of Intent and Revised Site Plan received on March 17, 2015 4/23/2015 U15-01/U15-01/VC15-01 Page 18 of 18 3) To the owner’s agreement to the following site development considerations: a) All parking spaces in excess of 140 parking spaces shall be constructed of pervious, all weather materials as approved by the Public Works Director. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. ii. Provide bicycle and pedestrian improvements along entire property frontage of Hopewell Road according to Chapter 48 Streets, Sidewalks and Other Publ ic Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. 1. Back of the sidewalk shall be no more than one foot inside the proposed right of way iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. NB Right Turn Lane on Hopewell Rd at New Site Driveway 2. SB Left Turn Lane on Hopewell Rd at New Site Driveway 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. Site Access Configuration The following access configuration was utilized when modeling the site driveway intersections. Site Driveway #1 (full access across from Foxhollow Run) • The proposed site driveway will consist of one entering and two exiting lanes. • The intersection will continue to be unsignalized with STOP signs on the eastbound and westbound approaches. • A dedicated left turn bay will be constructed for entering traffic based on the City of Milton standards. • A deceleration lane will be constructed for entering traffic based on the City of Milton standards. • The westbound approach will have a shared left / through and a right turn lane for exiting traffic. Site Driveway #2 (Right -out only driveway) • This driveway is planned as a right -out only driveway for Phase 2 of the development. After construction of Phase 1, the driveway will remain as a gravel access point that will remain gated. Left Turn Lane Analyses - City of Milton Standards City of Milton standards require the installation of a left turn lane at no cost to the City when either the average daily traffic (ADT) or left turning volumes shown in the following table are met. U- - w • w w w Two Lanes on Main Road, Speed Limit > 40 mph City of Milton Threshold Hopewell Road @ Site Driveway Prase 1 (2016) Phase 2 (2021) Main Roadway ADT (veh/day) 4,000 > 4,000 > 4,000 Left Turn Traffic (% Total Entering) - 50% 50% Daily Left Turn Volume (veh/Saturday) 200 38 92 Peak Hour Left Turn Volume (veh/hr) 20 0 weekday (38 Saturday) 23 weekday (92 Saturday) Left Turn Lane Storage Requirement * 115' storage 100' taper 135' storage 100' taper vZpci iva U1 r ucuwdy,Peeu 111111[ an❑ peal( nour ierr turning voiume Based on the number of projected peak hour left turns the site driveway will meet the City of Milton requirements for construction of a left turn lane on Hopewell Road for traffic entering the proposed site for both phase 1 (2016) and phase 2 (2021) of the development. The ADT on the main road also warrants installation of a left turn lane on Hopewell Road for both phases of the development's construction. Note that survey and construction drawings would be needed to verify the feasibility and extent of additional right-of-way required for construction of a left turn lane. A&R Engineering Inc. 15 Right Turn Lane Analyses - City of Milton Standards Right turn deceleration lanes must be constructed at no cost to the City if either the average daily traffic (ADT) or right turning volumes shown in the following table are met. Two Lanes on Main Road, Speed Limit > 40 mph City of Milton Threshold Hopewell Road @ Site Driveway Phase 1(2016) Phase 2 (2021) Main Roadway ADT (veh/day) 4,000 > 4,000 > 4,000 Right Turn Traffic (% Total Entering) - 50% 50% Daily Right Turn Volume (veh/Saturday) 75 38 92 Peak Hour Right Turn Volume (veh/hr) 3 7 0 weekday (38 Saturday) 23 weekday (92 Saturday) Right Turn Lane Storage Requirement * 175' storage 100' taper 175' storage 100' taper ucµrnus Uri raauway speea urn i Based on the number of projected peak hour right turns the site driveway will meet the City of Milton requirements for construction of a right turn deceleration lane on Hopewell Road for traffic entering the proposed site for both phase 1 (2016) and phase 2 (2021) of the development. In addition, the daily right turning volume for phase 2 (2021) will also meet the requirement for installation of a deceleration lane. The ADT on the main road also warrants installation of a deceleration lane on Hopewell Road for both phases of the development's construction. Note that survey and construction drawings would be needed to verify the feasibility and extent of additional right-of-way required for construction of a deceleration turn lane. Sight Distance Hopewell Road is a two-lane roadway with a posted speed limit of 45 mph. AASHTO requires 500 feet of sight distance for left turns from the minor road (Case 131) and 430 feet of sight distance for right turns (Case B2). AASHTO defines sight distance as measured between a driver's eye (3.5 ft above the roadway surface and 10 ft from the edge of the traveled way) and an object to be seen (3.5 ft above the surface of the intersecting road). Future Traffic Operations - Phase 1 (2016) The "Build" or development conditions include the estimated background traffic from the "No -Build" conditions plus the added traffic from the proposed development. In order to evaluate future 2016 traffic operations in this area, the additional traffic volumes from the site (Figure 5) for phase 1 were added to base 2016 traffic volumes (Figure 6) to calculate the future 2016 traffic volumes after the construction of phase 1 of the development. These total future 2016 traffic volumes (Figure 7) were used to evaluate the "Build" 2016 condition, which includes the projected site traffic from phase 1. The A&R Engineering Inc. 16 Robvn Macdonald From: Rusty Williamscpastorrustywilliatytstugniail.com> Sent: Friday, March 13, 2015 5:15 PM To: Robyn Macdonald! Subject= Church Public Participation Plan Report Form E Attachments: Public Participation Attendance Sheet.pdf, Public Participation Letter Hopewell Rd_ March 12.pdf; Master plan(1).pcif; Re Ed Grzedinski's Public Participation Comments 031215.pdf: Rhonda and Frank Garson Comments 031215.pdf; Public Participation Attendance Sheet.pdf; Bogino Support Letter Signed.pdf; PUBLIC PARTICPATION PLAN REPORT 031215.docx PUBLIC PARTICIPATION PLAN RF -PORT FORM E Seventh -day Adventist Church #16-1804 March 12, 2015 The following parties were notified of the requested use permit: Property owners within quarter mile, HOAs, were notified by attached letter. Also, through previous City of Milton meetings, 5 Personal visits, 4 phone calls, and I email were made to discuss issues and plans for development. 2. The following meetings were held regarding this Petition: One Public Participation Meeting on March 12, 2015 at 7pm at the Kroger Community Room, 12870 State Hwy 9, Alpharetta, GA 30004. There were 16 people that were present including 9 community residents, and 7 members of the Seventh -day Adventist Church_ Attendance Sheet Attached. Those not listed on Attendance Sheet, Pastor Rusty Williams, Rick Mosley (Building Committee Chair), & Chris Holland (Realtor). 3 & 4 The Following Issues and concerns were expressed: 1. Rhonda & Prank Garson (contiguous neighbors) have submitted a letter (attached) I We are open to moving the dumpster enclosure to another location, but at this point do not know where that is. We shared that are planning to use a couple of residential cans at this point, which will be sufficient as we do not at this time warrant a dumpster enclosure. We will revisit a dumpster enclosure at a future building permit process as needed. 2. Regarding the parking lot being moved, this did not come up in the meeting. But to address the letter, please see that attached plan that shows the increased need fur rmure Sturm water retention. The area actually, has removed the entire administration building, so there would be no room for parking in this area. I called and spore with Rhonda to clarify, and she understands and is "a1] for a bigger detention pond." So, this c.oncem I believe has been resolved. �. We are going to look into additional screening, as Mrs. Garson has suggested in the meeting. We have made an agreement to work this out individually, and she is even willing to supply the extra trees and help with the planting. We have expressed the intention of being good neighbors and helping her clean up the trees that have fallen doven on the fence that separates us. 4. Previously Mrs. Garson's letter was longer and contained water runoff issues. I personally met with Rhonda & Drank Garsonand shared lite following: We are l'ollu%ving City ui'Miltun Curie. Civil Drawings Show how this will not effect contiguous neighbors or Hopewell Road. City of Milton will reviewcivil drawings. After walking the property and viewing the civil drnwimt�s, she was satisfied that this was no long&r an issiEe and removed it from attached letter. 2. Mr. Edward Grzedinski listed a number of items, too many to discuss without his letter. I entailed him requesting his letter Oil March 13. 2015 and copied Robert Macdonald on this email request. It is our desire to address as rttany of these concerns as is reasonable and prudent. I previowd sat down with. Mr. Grzedinski and agreed to lower the number of scats in the final phase sanctuar} to 490. and lower the number of students to a cap of 60 students providing our board agreed. Our church board building committee has agree d to lower to these numbers of 490 & 60. and we committed to do so in last niuht's meeting. Also, we are open to his request at looking to move the entrance to the top of the hill after the traffic study is completed, and provided the Citv of Milton traffic team prove that this is the safest entrance as a number of our church and community members feel. However, it is clear that not all of our members and even community agree with this. 'Therefore, we made it veru clear in the meeting that we are open to talking about this, but that this is a City of Milton decision, and it is a safety issue that we need to listen to experts on this pending the completion of the traffic study_ 1 did visit with Mr. Ronald Bogino and he is open to the driveway at the top of the hill. 3. Alter visiting with Mr. Ronald Bogino, we agreed to his verbal request to have our variance changed to reflect 50' feet undisturbed buffer for the North 230' feet of Variance Reduction Request. Leaving the remaining 230' on the East at 25'. See attached letter of support from Mr. Bogino and attached site plan map of change. 4. Traffic cuntioues to remain a concern that is cxpressed, and we have responded to that by lowering the numbers of seats in Master Plan Sanctuary to 490 and Students to 60 in the school. In addition we stated that Worship Hours on Saturdays is when traffic is light, and on Wednesday is after the rush at 7:30 pm. School traffic is largely reverse commute and largely will only effect community neighbors who begin to leave for work at $:00 am. We noted that the Traffic Study is not completed at this point. Some community members noted that they had seen the traffic bumps, so we should know something shortly. 5. Ina previous emai I it was noted that they thought that the trees would be cut along the undisturbed buffer along Hopewell Road. This was due to the white measuring tape that the civil engineer used and lett on the trees. 1 informed them that not trees would be cut along Hopewell Road in the undisturbed buffer except for making an entrance to the property, and any site distance safety issues. And trees cut will have to be run by the City of Milton arhnrist. We had the white tape taken Clown prior to the public participation meeting. 6. In an effort to maintain the view shed listed in the City of Milton Comprehensive Use Plan, and as a safety measure to keep smaller children on our property, we asked the community present if there was any objection to moving the section of our equestrian fence that is inside the Ell' set back and would have to be taken down due to construction, to the edge of the 40' undisturbed buffer. When asked for a show of hands. there were no objections to this from any participant in the meeting. Attachments: Updated Master Plan Site Plan Attendance Sheet Garson's Comments ;mail Requesting Ed Grzedinski's comments Bogino's Variance Support letter Public Participation Invitation Lettcr Pavtnr Rircty Williams j AV--4C(LCS.5 i L.> .iwe,�O�d t� t 10 t 1 , el -I cl-r €;,ase:fi U 15-0 i (U 1 b U2NC 15-01 Use Permit Application # 16-11304 Tax Forel 0#22 490006920216 We are the property owners located at 2270 Saddlesp6ngs Dr., Milton. CoA 30004. %, e directly abut the above mentioned property; on the t:outhern border. for 578.65'. Below are the changes! modifications we would like to see, so that our property value, view, and enjoyment of our home. is not negatively impacted by this proposed deveiopment. Move the "concrete dumpster pad" (F) on the site plan, closer to Hopewell roast. As it is proposed now. it will be directly visibly from the entire back of our house. We arc also concerned about noise when the dumpster would be emptied. if it were moved closer to Hopowiall. preferably near the existing entrance to the property, it wi-ii;ld be easier arrows for emptying the dumpster, and would not be visible from our property and the fvtclVRaster's property, which also abuts on the south side. 2, We would like to see some of the phase one parking moved to the site of the Future Adm. building, located directly above the Storm Water detention pond. t his would make the View from our back yard better, preserve more trees, and place more of the parking nearer the initial sanctuary. 3. Evergreen screening of the parking lots and new structures is very important. We want as many of the healthy existing trees saved, but more evergreen screening will be needed outside of the 75'transitional buffer. The buffer is mainly very tali otd growth pines. with suine hardwoods, but most are so tali as to provide little visual screening, especially in the winter months. Lower evergreens planted around the parking areas will be very helpful fcr noise and visual buffers, as well as night lighting diffusion. These are our matin concerns, and we wanted to bring them to the attention of the City of Milton and to the Church. We have opoken with pastor Rusty Williams, of the Church, about these conCerns, and he seems to be ar nable to making the above changes. Rhonda G. Garson and Frank Carson 2270 Saddiesprings Car. Milton, GA 30004 tr0 b64-5233 I)ate: fcbruary =4, a()1 Ri=,. Use PennitApplication" 16-1804 Tax Parcel Ili #:22 49000692OZ16 Dear Nelghbors_ The purpose of this letter is to invite surrounding property owners and other intcrestcd parties to a public parti6patiott meeting- This meelina is regarding a netiv potential p€eject that has beet) , bmirMd to the City of Milton I'launing and Development Department by the SevelIII t -da% Advcntist Church who has 10+1- [teras ort Hopewell }toad, Milton, GA 30004 under contract to purchase. Tile proposed project is located ort Hopewell Road. West of the traffic circle_ oil the South side of Hopewell Rcmd. adjacent to Seven Gables Pant) and she sttbdit inion located on Saddle Springs Drive. The Public participation rncetin« will be held on Thursday, March 12, 201S frog[ 7-8 p,m_ at the y5'in ward k_t g r ltcated at 12870 State H%Nv 9, Alpharetta.. GA 30004, There is a public meeting room inside the Kroger. When you enter the store. please take the steps closest to re,istcr 91 s up to the railing, and the glass room is ou the Telt. This meeting is not the public hearing. Our intent is to initiate discussion and solicit fceatl-ack from tltc public : that arl. real ur per.eived 'issues can Inc* resv4se early in the design process. We are not requesting any changes to the current zoning_ "l'he current zoning, A(i-1, does allow for the building of a church with a Use Permit. Our request is to obtain a Use Pcr:nit for 10-1- acres in order to build a church at this location. The proposal includes a 250 seat phase I sanctuary with approximately 10,000 sq. ft craftsman style church bUildiltg with about 75 parking sprtces. Our intention is that this bUilding he aesthetically pleasing, acA)rditrg to City of Milton building code and in Irarntony with the surrounding community. There is only l request for a variance on a set back for st short section in the [sack of the property, and the adjacent ov,ner Ills shown support far this request. I look, forward to meeting with you to discuss this proposal. if you cannot make the tnerting, or you have questions or concerns. please feel free tr:.r contact me by phone or cmai I. �iraccrely-, Pastor Ru)'. Willimns 678-7713-1778 pastorrwAw ill iam5 it gtrrail-c : �:; Re4 W. Lul U LIL U)i N i 7-5 ui a iM tL N, W. Lul U LIL U)i N i 7-5 March 3, 2015 To: The Cite of Milton 1, Ronald Bogino. live; at 14495 Hopewell Rd. and border the property located Ott 14475 Hopewcll load. I support the Cevenih-day AdvenTiSt Church request for variance by reducing the 7v' Buffer to 50' for 230 ft bordering, my property, and 1 support reducing the 75' buffer to 25' for the other 230 ft lsordering my property as outlined in the site plan. r l � SS�n^ i Date Gn7aiE - Rc: Ed Grzedinski's Public ParticiNtt"n Comment 031215 III 1psahr3aiI'golr,lc.cullihnail/ulS ik=a62-00ee8c0&view• l)tc-sc--u-- Rusty Williams <pastorrustywil!lams@gmail.con-t> Re: Ed Grzedinski's Public Participation Comments 031215 1 message Rusty Williams <pasiorrustywilliams@gmail.com> Fri. Mar 13, 2015 at 4:38 PM To: edwardgrz@mac.com Cc: Robyn Macdonald Robyn.Macdonald@cityofmiltonga.�js> Hi Ed, Thank for coming and sharing your comments and concerns last night at our public participation meeting. You had a letter that you read to the participants of the meeting. I did not get a copy of that last night. It you wish for me to send that in to Robyn MacDonald as part of our report, I would he glad to do so if t had a copy. Or you may simply hit reply all, and she will get a copy with me. Again, thank you for coming to the meeting. Hope you have a great day, Pastor Rusty Williams 678-778-1773 I .,1 . ,.'ni ;_ lu I'M My name is Edward Grzedzinski and I live on Foxhollow Run in Milton. I object to the location for the proposed project and would like to highlight several reasons. First. churches don't pay taxes while making full use of city and county services. There is some amount of cityicounty tax currently being paid on the property that will disappear. Furthermore, if you assume the construction of four $2mm+ homes on the property, the taxpaying owners of those homes would generate as much as $80k per year in city and county tax revenue. Ultimately, lost tax opportunity for a growing city needs to be made up somehow, and that means the taxpaying citizens and business in the community. There is also the matter of substantially increased traffic on an already dangerous blind curve section of Hopewell Road. Ultimately we can anticipate as many as 175 cars on Saturday and Sunday mornings, as well as Wednesday evenings. The church would also be allowed to hold special events whenever it chooses, potentially the frequency from 3 times a week to more. And the proposed 60 seat school with no bus service will generate a procession of cars dropping off and picking up their children five days a week. Having lived in north Fulton County for over 30 years I believe the progression of this situation is fairly predictable. First there will be an accident or two. That will prompt the residents to require a Milton police officer to direct traffic on the busiest days. That will eventually evolve into a 4 way stop which, as we've seen over and over, will result in substantial back ups during peak traffic hours. There is also a significant negative impact on the environment_ Approval of this project will introduce noise, light, visual, environmental and incremental traffic pollution in a rural/equestrian/residential area. There will be incremental load on the septic field that will only increase over time as the church ultimately expands to a 490-seat sanctuary and 60-seat school. And if tood service is provided at the school, the septic requirements will increase very substantially, even more so if real plates and cutlery are used. My next objection pertains to how this project fits (or doesn't fit) with the City of Milton's 2030 Comprehensive Plan. I acknowledge that a church and school is permissible under AG -1 zoning, but the location appears to he incongruent with the goals of the Comprehensive Plan, which carries a primary objective to preserve rural Milton. The plan actually identifies Hopewell Road as a scenic area with expanded viewshed to maintain the rural/equestrian beauty of this part of the city. Another observation with respect to the Comprehensive Plan is that we currently have 8 schools and/or churches on Cogburn Road between Highway 9 and Hopewell Road, and two additional churches just around the corner on Francis Road. We are a city of approximately 32,000 residents and the area these schools and churches occupy remains somewhat rural and, therefore, sparsely populated. Do our city leaders and planners believe we need yet another church and school in this area? Pastor Williams has indicated that most of the members of the church do not live in Milton. Indeed, even Pastor Williams doesn't live in Milton. So I am concerned that our city leadership and planners are contemplating approval of a project that will generate no tax revenue, disrupt the community and eliminate potential future tax revenue, pollute the environment with noise, traffic, disruption of the rural viewshed, 24 hour illuminations and the expenditure of city resources for an entity that is nearly void of any taxpaying Milton residents. It simply makes no sense for the citizens of Milton in general, and for the surrounding residents in particular. My next concern is around the destruction of property value. consulted with 2 real estate professionals and 2 appraisers. After describing the situation I asked each a simple question. Would this project; in their professional opinion, have a negative impact on the adjacent properties in Sunnybrook? The answer was unanimous that it would have a significant negative impact on the value of those homes. Orae even suggested that buyers in the $Jn-im plus range won't even consider making an offer on property adjacent to a commercial facility. They also said that churches are more objectionable than schools because school schedules are more predictable, as churches tend to have lots of special events. In an effort to better understand the desires of a cross section of the parties with a stake in this situation, I met with other residents of Greystone and Sunnybrook, reached out to the City of Milton staff with clarifying questions and, finally, have had several conversations with Pastor Williams, both in person and on the telephone. In fact, Pastor Williams and I even prayed together in search of guidance to the right path. My meetings with the Pastor prompted me to do some soul searching of my own to determine, whether I was doing the right thing by continuing in my opposition to the proposed project. l tried hard to release my opposition and walk away from the matter. But, as I recently told Pastor Williams, l simply cannot do that with a clear conscience. It is important to note that l have no issue with the Pastor or his congregation. In fact, I hope they find a more suitable location in Milton to build their church and school. To that end, I've given the Pastor four property listings that appear to be in far better locations and at prices equal to or less than the per acre price the church is contemplating. The real issue here is between the taxpayers and the city leadership and planners. Unfortunately for the church, many of us have had enough of the city council approving virtually every commercial project they review with what appears to be disregard for the 2030 City of Milton Comprehensive Plan. Maybe this is the watershed event we need to get their attention. Then again, since our council and mayor includes a number of developers, maybe this is the watershed event the voters of Milton need to realize that if the unchecked development of Milton continues, it is time for a change in city leadership_ PUBLIC PARTICIPATION PLAN REPORT FORM E Seventh -day Adventist Church #16-1804 March 12, 2015 1. The following parties were notified of the requested use permit: Property owners within quarter mile, HOAs, were notified by attached letter. Also, through previous City of Milton meetings, 5 personal visits, 4 phone calls, and 1 email were made to discuss issues and plans for development. 2. The following meetings were held regarding this petition: one Public Participation Meeting on March 12, 2015 at 7pm at the Kroger Community Room, 12970 State Hwy 9, Alpharetta, GA 30004. There were 16 people that were present including 9 community residents, and 7 members of the Seventh -day Adventist Church_ Attendance Sheet Attached. Those not listed on Attendance Sheet, Pastor Rusty VViiliams, Rick Mosley (Building Committee Chair), & Chris Holland (Realtor). 3 & 4 The Following Issues and concerns were expressed: 1_ Rhonda & Frank Garson (contiguous neighbors) have submitted a letter (attached). 1. We are open to moving the dumpster enclosure to another location, but at this point do not know where that is. We shared that are planning to use a couple of residential cans at this point, which will be sufficient as we do not at this time warrant a dumpster enclosure. We will revisit a dumpster enclosure at a future building permit process as needed. 2. Regarding the parking lot being moved, this did not come up in the meeting. But to address the letter, please see that attached plan that shows the increased need for more storm water retention. The area actually has removed the entire administration building, so there would he no room for parking in this area. I called and spoke with Rhonda to clarify, and she understands and is "all for a bigger detention pond." 5o, this conrprn I believe has been resolved. 3. We are going to look into additional screening as Mrs. Garson has suggested in the meeting. We have made an agreement to work this out individually, and she is even willing to supply the extra trees and help with the planting. We have expressed the intention of being good neighbors and helping her clean up the trees that have fallen down on the fence that separates us. 4. Previously Mrs. Garson's letter was longer and contained water runoff issues_ I personally met with Rhonda & Frank Garson, and shared the following: We are following City of Milton Code. Civil Drawings show how this will not effect contiguous neighbors or Hopewell Road. City of Milton will review civil drawings. After walking the property and viewing the civil drawings, she was satisfied that this was no longer an issue and removed it from attached letter. 2. Mr. Edward Grzedinski listed a number of items, too many to discuss without his letter. I emailed him requesting his letter on March 13, 2015 and copied Robyn Macdonald on this email request. It is our desire to address as many of these concerns as is reasonable and prudent. I previously sat down with Mr. Grzedinski and agreed to lower the number of seats in the final phase sanctuary to 490, and lower the number of students to a cap of 60 students providing our board agreed. Our church board & building committee has agreed to lower to these numbers of 490 & 60, and we committed to do so in last night's meeting. Also, we are open to his request at looking to move the entrance to the top of the hill after the traffic study is completed, and provided tIle city ref Milton traffic team prove that this is the safest entrance as a number of our church and community members feel. However, it is clear that not all of our members and even community agree with this. Therefore, we made it very clear in the meeting that we are open to talking about this, but that this is a City of Milton decision, and it is a safety issue that we need to listen to experts vrr this pending the completion of the traffic study. 1 did visit with Mr. Ronald Bogino and he is open to the driveway at the top of the hill. 3. After visiting with Mr. Ronald Bogino, we agreed to his verbal request to have our variance changed to reflect 5o' feet undisturbed buffer for the North 230' feet of Variance Reduction Request- Leaving the remaining 230' on the East at 25'- See attached letter of support from Mr, Bogino and attached site plan map of change. 4. Traffic continues to remain a concern that is expressed, and we have responded to that by lowering the numbers of seats in Master Plan Sanctuary to 490 and Students to 60 in the school. In addition we stated that Worship Hours on Saturdays is when traffic is light, and on Werinpsday is after the rush at 7:30 pm- School traffic is largely reverse commute and largely will only effect community neighbors who begin to leave for work at 8:00 am. We noted that the Traffic Study is not completed at this point. Some community members noted that they had seen the traffic bumps, so we should know something shortly. 5. In a previous email it was noted that they thought that the trees would be cut along the undisturbed butter along Hopewell Road. This was due to the white measuring tape that the civil engineer used and left on the trees. I informed them that not trees would be cut along Hopewell Road in the undisturbed buffer except for making an entrance to the property, and any site distance safety issues. And trees cut will have to be run by the City of Milton arborist. We had the white tape taken down prior to the public participation meeting. 6. In an effort to maintain the. view shed listed in the City of Milton Comprehensive Use Plan, and as a safety measure to keep smaller children on our property, we asked the community present if there was any objection to moving the section of our equestrian fe nce that is inside the 60' set back and would have to be taken down due to construction, to the edge sof the 40' undisturbed buffer. When asked for a show of hands, there were no objections to this from any participant in the meeting. Attachments: Updated Master Plan Site Plan Attendance Sheet Garson's Comments Email Requesting Ed Grzedinski s comments Bogino's Variance Support letter Public Participation Invitation Letter Pastor Rusty Williams 578-778-1778 ORDINANCE NO._______ PETITION NO. U15-01, U15-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE USE PERMITS FOR A CHURCH (SEC. 64-1804) AND A PRIVATE SCHOOL (SEC. 64-1831) ON 10.142 ACRES LOCATED ON THE EAST SIDE OF HOPEWELL ROAD WITH FRONTAGE OF APPROXIMATELY 1,130 FEET. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 27 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on Hopewell Road consisting of a total of approximately 10.142 acres as described in the attached legal description, be approved for Use Permits for a Church and a School with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 692 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the church and the school listed in the attached conditions of approval, be approved under the provisions Sec. 64-1804 and Sec. 64-1831 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 27th day of April, 2015. Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for a Church (Sec. 64-1804) and a Private School (Sec. 64-1831) 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) A 37,500 square foot church and recreation building within three buildings with a maximum number of 490 seats. (U15-01) b) A 13,000 square foot private school for Pre-k through 8th grade with a maximum of 60 students. (U15-02) b) The hours of operation shall be the following: i. Church: Saturdays 9:00 am – 1:00 pm Wednesday 7:30 pm – 9:00 pm Various unscheduled evening meetings Sunday Rental 9:00 am – 1:00 pm ii. School: Monday –Friday 8:00 am – 3:30 pm 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 17, 2015. 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 firs t Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) All parking spaces in excess of 140 parking spaces shall be constructed of pervious, all weather materials as approved by the Public Works Director. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Access to the site shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. ii. Provide bicycle and pedestrian improvements along entire property frontage of Hopewell Road according to Chapter 48 Streets, Sidewalks and Other Public Places and Chapter 50 Subdivisions of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, ditch drainage, etc…) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department. 1. Back of the sidewalk shall be no more than one foot inside the proposed right of way iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. NB Right Turn Lane on Hopewell Rd at New Site Driveway 2. SB Left Turn Lane on Hopewell Rd at New Site Driveway 5) To the owner’s agreement to abide by the following: a. A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of l and disturbance application. REVISED SITE PLAN SUBMITTED ON MARCH 17, 2015 HOME OF'! -]E Br IT N ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-01 — To Adopt the Corrected City of Milton Zoning Map as indicated on the Geographical Information System (GIS) including all Zoning Actions Prior to January 1, 2015 as Shown on "Current Zoning Map Dated January 2015". MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION-, (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: VAPPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES O NOT APPROVED KNO k NO APPROVAL BY CITY ATTORNEY ()APPROVE () NO T APPRO VED PLACED ON AGENDA FOR: o,, f Z -7 I,S REMARKS © YOU(M PHONE: 678.242.25001 FAX: 678.242.2499 Green op ; ,e«ted ; Qp»U infoftityotmiltonga.us I www.cityofmiltonga.us +�'u® Community i try 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 1, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation. Re: Consideration of RZ15-01 – To Adopt the Corrected City of Milton Zoning Map as Indicated on the Geographical Information System (GIS) including all Zoning Actions Prior to January 1, 2015 as Shown on “Current Zoning Map Dated January 2015”. Department Recommendation: The Community Development Department recommends approval of the Corrected Zoning Map as discussed below. Executive Summary: It is prudent and necessary to adopt zoning maps by reference. In addition, to effectively adopt the Zoning Map by reference the document must be sufficiently identified, be made a public record, be accessible to members of the public affected by it, and the adopting ordinance must give notice of accessibility. It is the Community Development Department’s responsibility to maintain both the zoning ordinance and zoning maps (Sec 64-392) of the Zoning Ordinance) for the City of Milton. In addition, at the beginning of each calendar year, Staff will check that all zonings from the prior year are correctly reflected on the map. By certifying the zoning map, any potential litigation as it pertains to the zoning map, should not have any basis. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this Zoning Map. Legal Review: None 2 Concurrent Review: None Attachment(s): “Current Zoning Map Dated January 2015” and Ordinance for RZ15-01 STATE OF GEORGIA ORDINANCE# COUNTY OF FULTON RZ15-01 AN ORDINANCE TO ADOPT THE CORRECTED CITY OF MILTON CURRENT ZONING MAP DATED JANUARY 2015 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 27, 2015 at 6 p.m. as follows: SECTION 1. The City of Milton, Georgia is hereby divided into zones or districts consistent with those zones or districts as shown on the “Current Zoning Map of the City of Milton,” dated January 2015. Together with all explanatory matter thereon, is hereby adopted by reference as a part of the City of Milton Zoning Ordinance; SECTION 2. This is to certify that the zoning map referred to in the City of Milton Zoning Ordinance, Section 64-392, and is amended through January 1, 2015; SECTION 3. This Ordinance is effective April 27, 2015 and; SECTION 4. That this Ordinance shall become effective upon its adoption. ORDAINED this the 27th day of April, 2015. _____________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) Page is too large to OCR. ME HOME OF ' ESTABLISHED 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-02 — Chapter 64, Article XX, Deerfield Form Based Code, to Amend the Standards and Increase the Geographical Area to Include Areas Within the Highway 9 North Visioning Study. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: YAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. YES (} NO CITY ATTORNEY REVIEW REQUIRED: YES {) NO APPROVAL BY CITY ATTORNEY v APPROVED PLACED ON AGENDA FOR: OT 2--II S REMARKS () NOT APPROVED © Youin= *** PHONE: 678.242.2500 1 FAX: 678.242.2499 Green 3' «<+� °P'° Clcq info@cityofmiltonga.us I www.cityofmiltonga.us ��'lLhL1FF Community F him 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 22, 2015 for the April 27, 2015 Regular Meeting (April 13, 2015 First Presentation) Re: Consideration of RZ15-02 – Deerfield Form Based Code and RZ15-03 – Crabapple 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. The following items are addressed in both the Deerfield and Crabapple Form Based Codes. Block Size and Connectivity Requirements – Discourage dead-end streets and limit their length to 150 feet. Clarify maximum block size requirements where stub streets are provided. Section 2.2.7 Deerfield Section 3.1.2 Crabapple Thoroughfare (i.e. street) Types - Current codes provide too much flexibility, developers just want to build the minimum required. Revisions will define approved street types, incorporate on-street parking for guests (0.3 space per unit which may be off street). Various Sections for both Deerfield and Crabapple Public Frontages (i.e. sidewalks) – Current codes require upgrades with development. Revisions will allow staff to waive this requirement if existing facilities are adequate, but slightly different from the code requirements. Section 3.4.1 Deerfield Section 3.5.1 Crabappple 2 Civic Spaces (i.e. parks and open spaces) – Expanded Civic Spaces to include Pocket Parks. Established a minimum width of 60 feet that is essential for the smaller civic space. Does not apply to parks greater than 8 acres in size. Section 3.5.2 Deerfield Section 3.6.2 Crabapple Common Mail Facilities – Created requirement for common mail facilities to comply with USPS requirements. Section 3.6 Deerfield Section 3.7 Crabapple Functions and Uses – Updated codes to incorporate standard City of Milton terms and regulations. Current code uses SmartCode terms. Table 9 for both Deerfield and Crabapple The following items were added for just the Crabapple Form Based Code. Function and Uses (Table 9) - Two new uses have been created in the Crabapple FBC for “Loft Apartment” and “Neighborhood Apartment” which are permitted by right in T4 Open and T5 and by Use Permit for T4. The reason for this addition is to encourage vertical mixed use by allowing apartments located in a building where the first story is used for non-residential functions, residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving Residential Functions for “Loft Apartment” and to encourage overall mixed use by allowing up to 30 units in standalone buildings for “Neighborhood Apartment”. Stormwater Facilities – Incorporated stormwater requirements developed for the Deerfield Code that states that facilities must be improved for aesthetic appeal or placed out of view. (Section 4.8) The following items were added for just the Deerfield Form Based Code. State Route 9 Visioning Study – Study extended from Bethany Bend to the Forsyth County Line along SR 9. New Zone – T4-Permissive - Has the same form as T4. It allows more commercial uses than T4 but fewer than T4-Open permits. It reflects the specific use restrictions from the vision study. Five Acre Road Zone - The Plan developed a highly detailed and specific vision for the Five Acres Road parcels. The area has additional commercial use restrictions, maximum commercial density, and specific landscape requirements. These items are scattered throughout the code to be consistent with the detailed plan for the Five Acre Road parcels. Radio and television station use standards – This use is proposed to be allowed with a Use Permit in T4-Open, T5, and T6 but we have also incorporated development standards for the use. (Section 4.15) 3 Large Format Retailers (Big Box Retailers) - Incorporates only the applicable city- wide standards that already exist pursuant to Sec. 64-98. It allows the form based code to prevail if there are conflicts. (Section 4.16) The following items were discussed by the Planning Commission at their March 25, 2015 meeting regarding both the Deerfield and Crabapple Form Based Codes. Within the codes, they are highlighted in yellow. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and street is extended. Section 2.2.8 Deerfield Section 3.1.2 Crabapple (Staff supports this amendment.) Incorporate the Milton Trail Plan and provide on or off street bicycle facilities not specified in the regulating plans may be provided. When on street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be increased. Sections 3.3.1 and 3.3.3 Deerfield Sections 3.4.1 and 3.4.2 Crabapple (Staff does not support the second part of the amendment based on the fact that newly developed subdivision streets would be increased in width unnecessarily. In addition, the both Form Based Codes and the Milton Trail Plan provide future bicycle/multi-purpose trails.) The requirements of the City of Alpharetta along Windward Parkway will not apply. Furthermore, the City of Milton may wave these requirements for any portion in the City of Milton when unified and safe pedestrian facilities are provided. Section 3.4.1.c.v. Deerfield (Staff does support this amendment.) Required visitor parking may either be provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. Section 4.9.2.b. Deerfield Section 4.9.2.b. Crabapple (Staff does support these amendments.) The following item was discussed in detail at the April 20, 2015 Council Work Session. Radio and television station use standards – This use is proposed to be allowed with a Use Permit in T4-Open, T5, and T6 but we have also incorporated development standards for the use. (Section 4.15) The Mayor and City Council asked Staff to provide alternative wording regarding the screening of the accessory telecommunications structures related to radio and television 4 stations. Their opinion was that the proposed wording was not feasible, especially if the structure was very tall in height. Staff proposes the following Section 4.15.3: “Accessory telecommunications structures must be screened from view along any public or private street or residential use by a 100% opaque wall of solid appearance or a visually continuous opaque evergreen hedge. The type, size and location of vegetation shall be approved by the City Arborist. The type, size and location of wall shall be approved by the Community Development Director.” 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 - Jarrard & Davis (February, 2015) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ15-02 and RZ15-03 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS 2.3 LANDSCAPE BUFFERS ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 GENERAL REQUIREMENTS 3.3 THOROUGHFARES - VEHICULAR LANES 3.4 THOROUGHFARES - BICYCLE FACILITIES 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.6 CIVIC ZONES 3.7 COMMON MAIL FACILITIES ARTICLE 4. LOT AND BUILDING PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE-THROUGH STANDARDS 4.14 GASOLINE STATION STANDARDS 4.15 RADIO AND TELEVISION STATION STANDARDS 4.16 LARGE-SCALE RETAIL STANDARDS 4.17 SIGN STANDARDS 4.18 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2 MODIFCATION TO NON- CONFORMING PROPERTIES TABLE 3A PUBLIC FRONTAGES - GENERAL TABLE 3B PUBLIC FRONTAGES – SPECIFIC EXISTING THROUGHFARES TABLE 3C PUBLIC FRONTAGES – SPECIFIC EXISTING THOROUGHFARES TABLE 3D PUBLIC FRONTAGES – SPECIFIC NEW THOROUGHFARES TABLE 4 THOROUGHFARE ASSEMBLIES TABLE 5 CIVIC SPACE TABLE 6 BUILDING FORM - HEIGHT TABLE 7 BUILDING PLACEMENT TABLE 8 PRIVATE FRONTAGES TABLE 9A BUILDING FUNCTION TABLE 9B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 10 SPECIFIC FUNCTION & USE TABLE 11 CODE SUMMARY TABLE 12A CODE GRAPHICS - T3 TABLE 12B CODE GRAPHICS - T4 TABLE 12C CODE GRAPHICS - T5 TABLE 12D CODE GRAPHICS – T6 TABLE 13 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 2 ARTICLE 1. GENERAL 1.1 INTENT The intent and purpose of This Code is to enable and support the implementation of the following policies: a. That the Deerfield/Highway 9 area is the focal point for high-quality, mixed-use development in the City of Milton as established in the Highway 9/Georgia 400 Master Plan Livable Centers Initiative, the Highway 9 North Vision Plan, 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. 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 Deerfield/Highway 9 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 Code. Those terms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of This Code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of This Code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Tabl e 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 Deleted: th Deleted: code Deleted: area Deleted: t Deleted: code Deleted: this code Deleted: t Deleted: code Deleted: this code Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 3 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 Code shall apply to all property located within the boundaries identified in the Deerfield/Highway 9 Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Deerfield/ Highway 9 Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia. 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 and T4-Permissive 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 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. 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; Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: this Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: Approval, if Deleted: t Deleted: code Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 4 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. 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 Applicability a. The requirements of this Section 1.6 apply to all areas except the Five Acre Road Density Zone. b. In the Five Acre Road Zone, density may not exceed 10,000 square feet of floor area per acre of Gross Site Area, regardless of Transect Zone or Special District. 1.6.2 Density shall be expressed in building units per acre as specified by Transect Zone in Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. 1.6.9 Senior housing units approved by use permit in accordance with Section 64 -1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. Deleted: All areas of a site shall be considered cumulatively the Gross Site Area. ¶ Deleted: for Deleted: each Deleted: by Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 5 1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 11 section a subject to the provisions of Section 1.7, except that use of TDR is not permitted in the Maximum Two Story Height Zone, as prohibited in Section 1.7.6. 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 TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be parcels that are a minimum of 2 acres in size and zoned T2 within This District or a minimum of 2 acres in size and located outside This District but within the subarea of parcels fronting Bethany Bend from Hopewell Road east to the Forsyth County Line, and parcels fronting Cogburn Road from Devonshire Farms Way south to Bethany Bend. With the exception of the parcels described in the preceding sentence, all other Open Space TDR Sending Sites shall be a minimum of 5 acres in size and zoned AG-1 outside This District. All Open Space TDR Sending Sites shall contain natural or agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall the approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within This District and the provisions of the AG-1 zoning district for parcels outside This District. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title Deleted: in Formatted: Don't keep lines together DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 6 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 residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within This District or the provisions of the AG-1 zoning district for parcels outside This District 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. 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 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. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 7 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 within the Maximum Two Story Height Zone 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 any 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. 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. Deleted: t Deleted: code Deleted: designated within his istrict Deleted: code Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 8 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the Deerfield/Highway 9 Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces c. Thoroughfare network, existing and planned d. A differentiation of existing Thoroughfares as A-Grid and B-Grid. Buildings along the A-Grid shall be held to the highest standard of This Code in support of pedestrian activity. Buildings along the B-Grid may be more readily considered for Warrants allowing automobile-oriented standards. e. Special Districts f. A zone where the maximum height of buildings shall be the lesser of two stories or 30 feet, regardless of Transect Zone or Special District, as indicated by the Maximum Two-Story Building Height Zone. g. A zone where the maximum height of buildings shall be 12 stories regardless of Transect Zone or Special District, as indicated by the Maximum Twelve-Story Building Height Zone. h. A zone within the Maximum Two-Story Building Height Zone where the base building density, parking access, and permitted Functions are further restricted regardless of Transect Zone or Special District, as indicated in the Five Acre Road 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. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in 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 automobile-oriented standards. Newly-created B-Grid Thoroughfares are only allowed in Zone T5, Zone T6, and Civic Zones. The Frontages assig ned 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. Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 9 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 Article 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 connections to adjacent sites shown in the Deerfield/Highway 9 Regulating Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. 2.2.5 Each Infill Regulating Plan for a site greater than 8 acres in area shall dedicate at least 10% of its total area to Civic Space. 2.2.6 Civic Space shall be designed as generally described in Table 5 and as allowed in the Transect Zones in accordance with Table 11 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. 2.2.7 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks as follows: a. When both Blocks and the Thoroughfares that circumscribe them are completely within the Infill Regulating Plan, Blocks shall not exceed the perimeter size prescribed in Table 11 section b. b. In all other situations not identified in Section 2.2.7(a) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 11 section b. c. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 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 and other dead-end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. 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. Deleted: t Deleted: code Deleted: ¶ Deleted: <#>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.¶ Deleted: <#>2.2.8 Deleted: <#>t Deleted: <#>code Formatted: Highlight Deleted: ¶ DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 10 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Deerfield/Highway 9 Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Deerfield/Highway 9 Regulating Plan are 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 with a maximum length of 150 feet shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead-end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. b. Civic Spaces not shown in the Deerfield/Highway 9 Regulating Plan are permitted. c. Sites of more than 4 acres shall be designed to define Blocks as follow: i. When both Blocks and the Thoroughfares that circumscribe them are completely within the site, Blocks shall not exceed the perimeter size prescribed in Table 11 section b. Blocks with a perimeter size exceeding 1,000 feet shall provide at least one 8 foot wide cross Block Passage. ii. In all other situations not identified in Section 3.1.2 (c)(i) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 11 section b. iii. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 3.2 GENERAL REQUIREMENTS 3.2.1 Thoroughfares are intended for use by vehicular, bicycle, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of vehicular lanes and Public Frontages. Bicycle facilities, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.2.2 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 shall taper to meet those of the existing Thoroughfare. 3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic Space, the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton shall still apply. 3.2.4 Standards for new Thoroughfares shall be as follow: a. In zones T2, T3, T4, T5, T6, new Thoroughfares shall conform to Table 4. b. In Special Districts, new Thoroughfares shall conform to Table 4 or the requirements of the Subdivision Ordinance. c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.2.5 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. 3.2.6 Rear Alleys and Rear Lanes shall be provided where required by Table 11 section c. 3.2.7 Rear Alleys shall be paved for their width. Deleted: ¶ Deleted: may Deleted: be Deleted: t Deleted: code Deleted: s Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: may Deleted: be provided. Formatted: Space After: 9 pt Formatted: Font: Bold, All caps Deleted: <#>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.¶ Deleted: <#>1 Deleted: <#>3 Deleted: 1 Deleted: 4 Deleted: 's Deleted: vehicular lane and parking assemblies and Public Frontages Deleted: 1 Deleted: 5 Deleted: , except that 20% of the lots within each Transect Zone may Enfront a Passage Deleted: 1 Deleted: 6 Deleted: within Deleted: determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. Deleted: 1 Deleted: 7 Deleted: 1 Deleted: 8 Deleted: 1 Deleted: 9 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 11 3.2.8 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and shall have no raised Curb. 3.3 THOROUGHFARES - VEHICULAR LANES 3.3.1 New Thoroughfares shall include vehicular lanes for parked and moving vehicles, and may include Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 4, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3.2 Where on-street parking is permitted in Table 4, the pavement width may be reduced at intersections by the addition of sidewalk bulbouts within the parking lane, but the overall right-of-way and Public Frontage shall remain unchanged. 3.4 THOROUGHFARES - BICYCLE FACILITIES 3.4.1 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 and the Milton Trail Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. When the Deerfield/Highway 9 Regulating Plan and the Milton Trail Plan both identify a facility in the same location, the director of public works shall determine which is required. 3.4.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Deerfield/Highway 9 Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4.3 Additional on- or off-street bicycle facilities not specified in the Deerfield/Highway 9 Regulating Plan may be provided. When on-street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be correspondingly increased, subject to approval of the director of public works. 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.5.1 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 3A, Table 3B, and Table 3D and allocated within Transect Zones, where applicable, only as specified in Table 4 and Table 11 section c. c. Retrofit of existing Thoroughfares i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage as specified in Table 3B by adding or widening Sidewalks, adding trees, adding public lighting, adding a required Landscape Strip, and adding any required Greenways, unless otherwise not required along Five Acre Road or approved by Warrant. Retrofit may also include the addition of a Slip Road.. 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. 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 3C. Deleted: 1 Deleted: 10 Deleted: 2 Deleted: 2 Deleted: may Deleted: in a variety of widths Deleted: 3 Deleted: A Formatted: Space After: 9 pt Formatted: Space After: 9 pt Deleted: 4 Deleted: 4 Deleted: Thoroughfare utilizing one of the Thoroughfares identified as suitable for a Slip Road in Table 3B.Where DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 12 iii. A Warrant to these retrofit requirements may be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety iv. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton, as mutually agreed upon by the applicant and the City of Milton. Where an easement is provided, the Frontage Line will not be congruent with the right-of-way. v. Where compliance would otherwise require Public Frontage improvements to be made in the City of Alpharetta, these requirements shall not apply. Furthermore, the City of Milton community development director, after consulting with the director of public works, may wave these requirements for any portion in the City of Milton when unified and safe pedestrian facilities are provided. 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. 3.5.1 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.5.2 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. 3.5.3 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. 3.5.4 Specific to zones 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. 3.5.5 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. Formatted: Keep lines together Deleted: the Deleted: latter occurs DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 13 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. 3.5.6 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 in the Landscape Strip. 3.5.7 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 in the Planter and the Landscape Strip. 3.5.8 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. 3.5.9 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 in the Planter and the Landscape Strip. d. Old Morris Road: October Glory Red Maples shall be planted in the Planter and the Landscape Strip. e. Cogburn Road and Bethany Bend: No species requirements exist. 3.5.10 Specific to Five Acre Road. a. The requirements of specific Transect Zones and Special Districts notwithstanding, no Sidewalk is required in the Public Frontage. DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 14 b. The Public Frontage shall include a Landscape Strip with a minimum width of 20 feet that extends from the right-of-way line into the property. Street trees shall be planted 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. c. Street trees shall be a minimum of 5 inch caliper at the time of planting. d. In addition to the street trees, the Landscape Strip shall be planted in accordance with the Landscape Buffer requirements of Section 2.3.3. Said plantings shall include sufficient evergreen species to prevent properties fronting State Route 9 from being seen from Five Acre Road year-round. One subdivision sign for the Five Acre Road Neighborhood may be located in the Landscape Strip. 3.6 CIVIC ZONES 3.6.1 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 3.6.2(a) or 3.6.2(b) as Civic Building Sites or Civic Spaces. 3.6.2 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. 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. 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 as otherwise stated below: i. A Playground or Pocket Park shall have a minimum of 25% of its perimeter Enfroning one or more Thoroughfares. ii. A Park shall have a minimum of 100 feet of its perimeter Enfronting one Thoroughfare. e. Each Civic Space shall be at least 60 feet in width and length, except for Parks. f. The following areas shall not count towards satisfying Civic Space requirements: i. Greenways, except where they pass through a Civic Space meeting the requirements of Table 5; ii. Undisturbed natural vegetative buffers along stream as required by Section 20-426 of the Code of the City of Milton; and iii. Retention and detention areas used for permanent or occasional water storage. 3.6.3 Civic Spaces shall provide pedestrian access to adjacent Thoroughfares and sites as follows: a. One or more access points shall be provided every 200 feet of Civic Space perimeter along a Thoroughfare, and provided that no single Thoroughfare shall have less than one access point. b. One or more access points shall be provided every 600 feet of Civic Space perimeter along an adjacent site. Relief from this requirement may be granted by Warrant where the adjacent site cannot accommodate said access. c. For the purposes of this section an access point may include a walkway, Multi-Use trail, or other paved or unpaved surface suitable for walking. 3.6.4 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. Deleted: 5 Deleted: 5 Deleted: 5 Deleted: 5 Deleted: 5 Deleted: Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. Deleted: Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 5. Deleted: for Deleted: and Deleted: 5 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 15 b. Trash receptacles: Victor Stanley D-35 in black. c. Pedestrian street light: Philips Lumec Domus Series. 3.7 COMMON MAIL FACILITIES 3.7.1. Common mail facilities for delivery of US mail shall be made in every new development that includes a residential use, subject to approval by the US Postal Service. 3.7.2. Common mail facilities shall be covered, shall include a trash receptacle, and shall include two dedicated parking spaces. Deleted: 6 Deleted: 6 Deleted: 6 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 16 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of 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 iii. Special Requirements, if any iv. Architecture 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 changes result in greater conformance with the specifications of This Code (as illustrated in Table 2). 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Deerfield/Highway 9 Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 8. The first Story shall be confined to Retail or Office use through the depth of the Second Layer. Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: this Deleted: code Deleted: this Deleted: code Deleted: this Deleted: code Deleted: this Deleted: code Deleted: this Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 17 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. c. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 8) be coordinated as a single, coherent landscape and paving design. d. A cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5, T6 a. Newly platted lots shall be dimensioned according to Table 11 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 7 and Table 11 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 11 and Table 13 subject to the following: i. Front Setbacks shall be measured from the Frontage Line. ii. Side and Rear Setbacks shall be measured from the Lot Line. iii. The requirements of Table 11 and Table 13 notwithstanding, all of a portion of any required Landscape Strip may be counted towards meeting a minimum Front Setback by Warrant. iv. As otherwise approved by Warrant. d. The requirements of Table 11 and Table 13 notwithstanding, along State Route 9 certain buildings may be placed subject to the following requirements: i. Buildings between 10,000 and 50,000 square feet may be located a maximum distance of 100 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. ii. Buildings 50,000 square feet or greater may be located a maximum distance of 300 feet from the right-of-way along State Route 9 with no intervening Thoroughfare. e. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 13 except as set forth in Section 4.4.1 (d) for certain sized buildings along State Route 9 or as otherwise approved by Warrant. f. Lot coverage by building shall not exceed that recorded in Table 11 section e except as otherwise approved by Warrant. g. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 11 section f. These requirements shall not apply to buildings subject to Section 4.4.1 (d) or as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 11. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 11 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. Deleted: <#>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.¶ DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 18 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 feet, or 25 feet at ground level, shall be counted as two Stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. e. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. f. In a Parking Structure each above-ground level counts as a single Story regardless of its relationship to habitable Stories. g. Building height limits do not apply to attics, above-ground portions of basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. h. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. i. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer's depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer's depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer's depth. 4.5.4 Specific to zone T4 Permissive a. A walkway with a minimum width of 6 feet shall connect all building entrances to the public Sidewalk. 4.5.5. Specific to zones T5, T6 Deleted: or Deleted: raised DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 19 a. Except where prohibited, Awnings 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. Structures and parcels in each Transect Zone shall conform to the Functions on Table 9A, Table 10 and Table 11. b. Specific uses identified in Table 10 shall apply regardless of whether the use is a permitted use or accessory use. A structure or parcel may contain more than one permitted or accessory use. c. In addition to the accessory uses identified in Table 10, a structure or parcel may also be used for uses customarily incidental to any permitted use. d. Home Occupation shall be permitted as an accessory use 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. e. Notwithstanding the provisions of this section to the contrary, the following are Functions and uses prohibited in the Five Acre Road Zone, regardless of Transect Zone or Special District: i. Motel, Hotel; ii. Veterinary Clinic/Hospital, Kennel (with inside or outside pens); iii. All Automotive Functions identified in Table 10; iv. Hospital; v. Convalescent Home, Personal Care Home, Nursing Home, Hospice; and vi. All Education Functions identified in Table 10. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 9A. 4.6.3 Specific to zones T4, T5, but not T4-Open or T4-Permissive 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 and T4-Permissive 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 Deleted: , Arcades, Deleted: Buildings Deleted: Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 10. DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 20 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. 4.6.7 Specific to the Fire Acre Road Zone. a. Restaurants with outdoor dining or outdoor music shall locate such seating or music directly adjacent to the Landscape Strip along State Route 9 in order to minimize impacts on adjacent houses. b. When outdoor dining is provided it shall not exceed 10% of the total number of seats provided in the restaurant, including both dine-in table and bar seats. 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. See Section 4.71(d) for additional restrictions in the Five Acre Road Zone. 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 area of the fence and any openings within it. Fencing shall be in keeping with the equestrian and rural character of Milton. Unpainted or unstained pressure treated wood is prohibited. c. Specific to zones T2, T3, T4 except the First layer along State Route 9 or Windward Parkway. i. Where permitted within the First Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. ii. Opaque fences are prohibited in the First Layer. iii. In all other locations fences and walls shall not exceed 6 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas or loading docks. d. Specific to zones T5, T6 except the First Layer along State Route 9 or Windward Parkway. DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 21 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. e. Specific to the Five Acre Road Zone. i. Chainlink Fencing is prohibited. ii. Perimeter fencing must be in keeping with the equestrian character of Milton. 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 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 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 c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.5 Detention/retention ponds shall have a minimum 10 foot wide landscape area planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. When required, fencing material around detention/retention ponds shall meet the fencing requirements of Section 4.7.1(c) or as approved by Warrant. 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the Code of the City of Milton). 4.8.2 Above-ground facilities shall be improved for aesthetic appeal through the use of green infrastructure or low impact development approaches, or shall be located in the least conspicuous area of the site as engineering standards will allow. Formatted Deleted: <#>¶ Deleted: Code Deleted: Facilities that are located a Deleted: DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 22 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. 4.8.5. Above-ground facilities are prohibited in the Five Acre Road Zone. All facilities must be completely underground. 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 Required visitor parking in zones T2, T3, T4, T5, T6 a. In addition to the requirements of Section 4.9.1, all single-family residential use groups described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per dwelling unit. b. Required visitor parking may be either provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. 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 in accordance with Section. 64-1411. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.9.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9.5 Sites which exceed 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. 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. e. Rear Alleys, Rear Lanes, and rear driveways must be shared between adjacent sites in the Five Acre Road Zone. f. No Rear Alley, Rear Lane, or driveway may be accessed from or connected to Five Acre Road, except for driveways serving detached single-family uses. 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. Formatted: Highlight Deleted: D Deleted: D DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 23 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, unless a greater width is approved by Warrant to comply with the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton. 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 Sections 4.10.2 and 4.10.3. 4.11.3 Specific to zone T3 a. A minimum of two trees approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.11.4 Specific to zone T4 a. A minimum of one tree approved by the City Arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.11.5 Specific to zone T5, T6 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.11.6 The following non-native invasive species shall not be planted anywhere in This District: a. Ailanthus altissima (tree-of-heaven). b. Albizia julibrissin (mimosa). 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). Deleted: D Deleted: Section DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 24 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). 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 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 25 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 i. Minimum level footcandles: 0.2 ii. Average level footcandles: 1.5 iii. Maximum level footcandles: 10.0 d. Walkways and Thoroughfares i. Minimum level footcandles: 0.2 ii. Average level footcandles: 2.0 iii. Maximum level footcandles: 10.0 e. Landscapes and decorative i. Minimum level footcandles: 0.0 ii. Average level footcandles: 0.5 iii. Maximum level footcandles: 5.0 4.12.2 Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture or equivalent. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts or equivalent. Canopy lighting shall be 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 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 26 decorative skirts or aprons. 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 shall be from the interior of a lot or from a Rear Alley to avoid disrupting pedestrian traffic unless otherwise approved by Warrant for lots whose size, shape, or topography render this requirement unfeasible. If a separate driveway is approved by Warrant, its width shall be in accordance with Section 4.10.5(b). 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 design of the Principal Building. 4.14.3 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.14.4 Lighting shall be shielded to direct light and glare onto the lot where the gas/fueling station is located. 4.14.5 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. 4.15 RADIO AND TELEVISION STATION STANDARDS 4.15.1 Accessory telecommunications structures shall comply with the requirements of Chapter 54 of the Code of the City of Milton. 4.15.2 Accessory telecommunication structures shall be located to the side or rear of a conforming Principal Building. 4.15.3 Accessory telecommunications structures must be screened from view along any public or private street or Deleted: Deleted: should Deleted: mid- Deleted: block Deleted: . Deleted: D Deleted: necessary Deleted: be no more than 24 feet wide. DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 27 residential use by a 100% opaque wall of solid appearance or a visually continuous opaque evergreen hedge. Such wall shall be equal or taller than the accessory structure it screens and such hedge shall have a minimum of 5 feet high at planting and can be expected to be as tall or taller than the accessory structure within two years of planting. 4.16 LARGE-SCALE RETAIL STANDARDS 4.16.1 The provisions of Sections 64-98 through 64-102 of the Code of the City of Milton shall apply in This District. 4.16.2 In the event of conflicts between a requirement of This Code and those of Section 64-100 - Site Design Guidelines and Requirements, the requirement of This Code shall take precedence and apply unless otherwise approved by Warrant by the community development director. 4.17 SIGN STANDARDS 4.17.1 The provisions of Section 64-2324 of the Code of the City of Milton shall apply in This District. 4.18 ARCHITECTURAL STANDARDS 4.18.1 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. 4.18.2 Architectural treatment shall continue on all sides of a building except as specifically noted otherwise. 4.18.3 General to all buildings—Facade composition. a. The Principal Entrance of a building shall be articulated and expressed in greater architectural detail than other buildings entrances. 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. 4.18.4 Specific to Commercial, Mixed-Use, and Apartment buildings—Façade composition. a. Buildings in the Five Acre Road Zone shall comply with Sections 4.18.8 and 4.18.9. b. Facades shall incorporate windows and doors as follows: i. Windows and doors shall be provided for at least 15% 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 unless approved by Warrant. 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 minimum 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 Deleted: minimum 8 feet high Deleted: that is Deleted: 8 feet high Deleted: . Deleted: 5 Deleted: areas regulated by this code Deleted: 2 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 28 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 c. Changes in storefront systems, Private Frontages, varying setbacks, or similar means intended to convey the impression of separate buildings. iii. Building stories shall not appear as single horizontal window bands separated by non-glass spandrels of equal or greater height than the windows. c. Additional Enfronting Facade requirements i. Enfronting Facades shall be articulated and designed to create additional visual interest by varying architectural details, building materials, the roof line, and building offsets. ii. First Story Facades of all buildings shall incorporate columns, awnings, porches, stoops, windows, doors, or other architectural elements as established by Private Frontage in Table 8. iii. Facades shall provide visual divisions between the first and second stories through architectural means such as courses, awnings, or a change in primary façade materials or colors. iv. Facades above the first Story shall incorporate windows, arches, balconies, or other architectural details. v. 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. vi. A two-part façade shall consist of: a Base zone (first Story). b. Shaft zone (all other stories). vii. A three-part façade shall consist of: a. Base zone (first Stories). b. Shaft zone (middle Stories). c. Cap zone (upper Stories or cornice). 4.18.5 Specific to Commercial, Mixed-Use, and Apartment buildings—Facade materials. a. Buildings in the Five Acre Road Zone shall comply with Sections 4.18.8 and 4.18.9. a. No more than three different materials, textures, colors, or combinations thereof may be used on a single building, unless a greater number is approved by the community development director by Warrant after consultation with the City Architect. b. Materials may be combined only horizontally, with the heavier below the lighter. c. Vinyl or aluminum siding, exposed standard concrete masonry unit (CMU) block, corrugated steel, prefabricated metal, exposed plywood, and exposed pressboard are prohibited. d. Accessory Structures shall be consistent with the Principal Building in material, texture, and color. e. Enfronting first Story windows and door glass shall be clear or tinted. Tinted glass shall have a transmittance factor of 50% or greater and shall have a visible light reflectance factor of ten or less. f. All window frames shall be recessed a minimum of 2 inches from the exterior Facade. g. 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 stucco, brick, manufactured stone, or natural stone to contrast with façade materials, exposed cement surfaces may Deleted: <#>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.¶ Deleted: <#>arcades, Deleted: Additional Non-Enfronting Facade requirements.¶ 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.¶ Facades above the first of all buildings shall incorporate windows, arches balconies, or other architectural details.¶ Deleted: . This requirement shall no include materials used on windows, doors, 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).. The number of materials and textures used Deleted: on a single building shall be approved by Deleted: synthetic stone, Deleted: <#>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.¶ 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.¶ Deleted: cement, DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 29 be approved by Warrant. 4.18.6 Specific to Commercial, Mixed-Use, and Apartment buildings—colors. Permitted colors for exterior walls, building components, accent and decorative elements shall be as follows, except in the Five Acre Road Zone. 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 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 4.18.7 Specific to Commercial, Mixed-Use, and Apartment buildings—roofs. a. Buildings in the Five Acre Road Zone shall comply with Sections 4.18.8 and 4.18.9. b. Specific to zones T2, T3, T4 i. Flat roofs shall be screened from the view of public and private streets by a parapet or by a cornice which overhangs the façade bellow between 12 and 18 inches. 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, Deleted: 6 Deleted: 6 Deleted: 6 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 30 galvanized metal, 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. c. General to all zones i. All rooftop appurtenances shall be painted to be compatible with the building architecture. ii 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. iii. Roofing material and color shall be compatible with building and surroundings. 4.18.8 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. b. No 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. 4.18.9 Specific to Single-Family Houses a. Single-family houses shall comply with the standards set forth below or those set forth in Sections 4.18.4 through 4.18.7 for Commercial, Mixed-Use, and Apartments buildings, at the developer’s discretion. 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. c. Materials i. The number of exterior materials, exterior colors, or any combination thereof that may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details shall be approved by the City Architect. 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 prohibited. v. 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 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. vi. 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. Deleted: Specific to zones T5, T6 Deleted: Any appurtenances that must be roof-mounted shall be located and screened so they are not visible from any point at ground level. Where possible, the appurtenances shall be grouped and enclosed by screens that are designed to be compatible with the building architecture. The screens shall be set back from the roof edge at a distance of no less than their height.¶ Deleted: where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking. Deleted: more than three Deleted: located in Zone T5 or T6 Deleted: may Deleted: 6 Deleted: 6 Deleted: where a façade is not visible from a public Thoroughfare, Civic Space, or Open Parking Deleted: No more than three different Deleted: <#>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.¶ DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 31 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. iii. All chimney stacks shall have their bases on the ground. 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. v. All porches must be a minimum depth of 8 feet. 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. Deleted: ould DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Dooryards, Forecourts, Shopfronts, and Galleries Typical Building Height:1- to 4-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping T-6 URBAN CORE General Character:Medium to high-Density Mixed Use buildings, entertainment, Civic and cultural uses. Attached buildings forming a continuous street wall; trees within the public right-of-way; highest pedestrian and transit activity Building Placement:Shallow Setbacks or none; buildings oriented toward the street, defining a street wall Frontage Types:Stoops, Dooryards, Forecourts, Shopfronts, and Galleries Typical Building Height:4-plus Story with a few shorter buildings Type of Civic Space:Parks, Plazas and Squares; median landscaping T-6 Urban Core Zone consists of the highest density and height, with the greatest variety of uses. It may have larger Blocks; streets have steady street tree planting and buildings are set close to wide sidewalks. Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 31 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton T5 T6 T6 T5 T6 Keep existing building and drive-thru and add Liner Buildings in front of building to engage the Thoroughfare, or Replace building T5 T6 T5 T6 Keep gas station building and pumps and build a new building at the intersection, or Eliminate the gas station building, but keep the pumps and increase them, while building a new building at the intersection T5 T6 T5 T6 Keep existing building and add Liner Buildings in front of it to engage the Thoroughfare Convert frontal parking into Forecourt and add on-street parking to existing the Thoroughfare T5 T6 T5 T6 Infill the frontal parking with new Liner Buildings and streets terminating on the existing building; retain current building use or convert to new use Infill the frontal parking with new Liner Buildings and streets terminating on the existing building; reconfigure existing buildings for new use T4 T5 T6 T4 T5 T6 Infill the frontal parking lot with senior housing; add on-street parking to existing Thoroughfare Create a street and Civic Space with Liner Buildings terminating on the existing religious building; add on-street parking to the existing ThoroughfareBIG BOX OR OFFICE BUILDINGRELIGIOUS BUILDINGDRIVE-THRUNON-CONFORMING PROPERTY STRIP CENTERTABLE 2: Modification to Non-Conforming Properties. This table provides descriptions of changes to non-conforming properties that result in conformance with the specifications of this code. Other changes to decrease the degree of non-conformity are also possible. CONFORMING MODIFICATION GAS STATIONPOSSIBLE TECHNIQUES 32 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 T6 d.T3 T4 T5 T6 e.T3 T4 T5 T6 f.T5 T6 g.T3 T4 T5 T6 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) For Commercial Street: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 3A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 3B and Table 4. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms. 33 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton Existing Thoroughfare a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width Landscape Strip Width Min. 6 feet None TABLE 3B: Public Frontages - Specific Existing Thoroughfares. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, Sidewalks, Planters, and Landscape Strips - relative to specific existing Thoroughfares, regardless of the Transect Zone or Special District in which they are located. Sidewalk Min. 6 feet Regular Single Continuous Planter Min. 38 feet WINDWARD PKY Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. Variable OTHER EXISTING THOROUGHFARES (EXCEPT FIVE ACRE ROAD OR AS APPROVED BY WARRANT) Min. 12 feet Raised Curb Variable TABLE 3C: Public Frontages - Slip Road Retrofit. Existing Thoroughfares may be retrofitted into a Boulevard through the addition of one Slip Road along one or both sides. Where this occurs the Frontage Line shall be along the Slip Road not the existing Thoroughfare STATE ROUTE 9 (OVER 35 MPH) 2 feet - 12 feet Opportunistic Sidewalk Regular Single Regular Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Min. 8 feetMin. 8 feet Sidewalk Min. 6 feet Sidewalk DEERFIELD PKWY, MORRIS RD, MCGINNIS FERRY RD, OLD MORRIS RD, WEBB RD, BETHANY BEND, COGBURN RD Min. 28 feet Raised Curb VariableVariable STATE ROUTE 9 Min. 32 feet Raised Curb Curb. The detailing of the edge of the vehicular pavement incorporating drainage. Raised Curb Min. 30 feet Variable (35 MPH OR LESS) Min. 8 feet 4 feet Raised Curb Continuous Planter Regular Sidewalk 20 feet 20 feet 20 feet 20 feet Alternating Continuous Planter 2 feet - 12 feet Alternating Continuous Planter 10 feet Single Continuous Planter 34 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V8 City of Milton TRANSECT ZONE T3 T3 T3 T4 T5 T6 T5 T6 T6 T6 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width Sidewalk Sidewalk Raised Curb 5-20 feet Single Continuous Planter Tree Well 4 feet - 6 feet TABLE 3D: Public Frontages - Specific New Thoroughfares. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 CS-DR-AV-BV T5T2 5-20 feet 8 feet - 12 feet Path Opportunistic 8 feet - 16 feet Continuous Swale Clustered Clustered Clustered 8 feet - 16 feet Clustered Alternating Continuous Planter 8 feet - 12 feet Single Single 4 feet - 6 feet Sidewalk 4-8 feet4-8 feet 10-30 feet Regular Sidewalk Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a 12-30 feet Continuous Planter 18-24 feet ST-DR-AV-BVHW & RD CS-DR-AV-BV 16-24 feet 12-18 feet Continuous Swale 4-8 feet Open Swale Raised Curb Raised Curb 12-20 feet Regular Regular Curb. The detailing of the edge of the vehicular pavement incorporating drainage. T4 12-24 feet Raised Curb 12-18 feet 5-20 feet T2 T3 ST-DR-AVRD & ST 5-20 feet Open Swale 10-30 feet 35 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS RL-24-12 RA-24-24 Rear Lane Rear Alley T2, T3, T4 T3, T4, T5 24 feet 24 feet 12 feet 24 feet Yield Movement Slow Movement 10 MPH 10 MPH 3.5 second 7 seconds n/a n/a None None Taper Taper None None None None Inverted crown Inverted crown None None Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Pavement Width TABLE 4: Thoroughfare Assemblies: New Thoroughfares shall comply with this table. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Variations may only be approved by the public works director if the public health, safety, and welfare demand. ST-57-20-BL Thoroughfare Type Right-of-Way Width 36 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-28 1 ST-60-36 1 Street Street T3, T4, T5, T6 T3, T4, T5, T6 50 feet 60 feet 28 feet 36 feet Slow Movement Free Movement 25 MPH 25 MPH 8 seconds 10.3 seconds 2 lanes 2 lanes One side @ 8 feet unmarked, bulbouts permitted Both sides @ 8 feet unmarked 15 feet 10 feet 5 foot Sidewalk on both sides 5 foot Sidewalk on both sides 6 foot continuous Planter on both sides 7 foot continuous Planter on both sides Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 4: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 37 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-50-221 CS-50-281 Commercial Street Commercial Street T4-O, T5, T6 T4-O, T5, T6 50 feet 50 feet 22 feet 28 feet Slow Movement Slow Movement 20 MPH 25 MPH 6.2 seconds 8 seconds 1 lane 2 lanes One side @ 8 feet marked One side @ 8 feet marked 15 feet 15 feet 18/10 foot Sidewalk 11 foot Sidewalk on both sides 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Pavement Width TABLE 4: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width 38 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-60-361 CS-100-641 Commercial Street Commercial Street T4-0, T5, T6 T4-0, T5, T6 60 feet 100 feet 36 feet 64 feet Free Movement Slow Movement 25 MPH 25 MPH 10.3 seconds 8.5 seconds at corners 2 lanes 2 lanes Both sides @ 8 feet marked Both sides angled @ 17 feet marked 10 feet 15 feet 12 foot Sidewalk 18 foot Sidewalk 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. TABLE 4: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 39 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS AVE-75-401 AVE-90-561 Avenue Avenue T3, T4, T5, T6 T3, T4, T5, T6 75 feet 90 feet 40 feet 56 feet Slow Movement Slow Movement 25 MPH 25 MPH 5.7 seconds - 5.7 seconds 5.7 seconds - 5.7 seconds at corners 2 lanes 4 lanes Both sides @ 8 feet marked Both sides @ 8 feet marked 15 feet 15 feet 6 foot Sidewalk 6 foot Sidewalk 7 foot continuous planter 7 foot continuous planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Pavement Width TABLE 4: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width 40 April 8, 2015 City of Milton TABLE 5: Civic Space a.T2 T3 T4 T5 T6 b.T3 T4 T5 T6 c.T4 T5 T6 d.T5 T6 e.T2 T3 T4 T5 f.T6 Playground:An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum area, except that every Playground shall be at least 60 feet in width and length. Pocket Park:An Open Space available for passive recreation and relaxation. Pocket Parks shall include seating, trees, and other landscaping. Pocket Parks shall be interspersed within Residential areas. There shall be no minimum or maximum area, except that every Pocket Park shall be at least 60 feet in width and length. DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres.Every Park and portions thereof shall be at be at least 60 feet in width and length. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres.Every Green and portions thereof shall be at be at least 60 feet in width and length. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be5acres.Every Square and portions thereof shall be at be at least 60 feet in width and length. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres.Every Plaza and portions thereof shall be at be at least 60 feet in width and length. 41 Aprill 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton T2 T3 T4-P1 T43 T4-O4 T5 T6 T6 T6 T6 1. T4-Permissive 2. Max. height without ground floor Civic or Commercial Function / Max. height with ground floor Civic or Commercial Function. 3. T4 does not include T4-Permissive or T4-Open TABLE 6: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone, except where said zone lies within the Maximum Two-Story Building Height Zone or within the Maximum Twelve-Story Building Height Zone as established on the Deerfield/Highway 9 Regulating Plan. Recess Lines shall occur on higher buildings in Zone T6 as shown. The illustrative T6 configurations below show buildings built less than the maximum permitted height. 42 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton a.T2 T3 T4 T5 T6 b.T4 T5 T6 c.T4 T5 T6 d.T5 T6 Rearyard: A building that occupies the full Frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: A building that occupies the boundaries of its lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. TABLE 7: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: A building that occupies the center of its lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: A building that occupies one side of the lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 43 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 T6 d.T4 T5 T6 e.T4 T5 T6 f.T4 T5 T6 g.T5 T6 TABLE 8: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. Buildings subject to Section 4.4.1(d) shall may substituted Open Parking for the Thoroughfare. SECTION PLAN Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb, except where prevented by a required Landscape Strip. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. 44 Apirl 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton T3 T6 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 9B: Building Unit Function Exchange Rate. This table shows the rate that Building Units shall be exchanged for Functions. This table does not apply in the Five Acre Road Zone, where no exchange is permitted. See Table 10 See Table 10 See Table 10See Table 10 See Table 10 See Table 10 See Table 10 Limited Retail:The building area available for Retail use is limited to the first Story of buildings having two or more Stories. The specific use shall be further limited to a maximum floor area of 15,000 square feet per business establishment. See Table 10 Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Prohibited Retail:Retail is not permitted. Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building. Open Office:The amount of Office Functions on each lot is unlimited except by form-based standards elsewhere in this Code. Open Office:The amount of Office Functions on each lot is unlimited except by form-based standards elsewhere in this Code. TABLE 9A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 10. Restricted Residential: The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimited within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. In T4-Permissive and T4-Open the T5 Function regulations apply, except as indicated T5-Limited Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. 45 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T3 T4 T4-P9 T4-O2 T53 T6 f. OTHER: AGRICULTURE T2 T3 T4 T4-P9 T4-O2 T53 T6 Apartment UUUU Grain Storage R Live/Work Unit RR R RRR Livestock Pen W Rowhouse R R UUU Greenhouse RW Duplex R R RRR Stable RW Courtyard House R R RRR Sideyard House RR R RRR Cottage RR R R House RRR R R Pet Grooming8 RRR Accessory Unit RRR R RRRf. OTHER: AUTOMOTIVE b. LODGING Gasoline Station4 RRR Motel, Hotel RRR Automotive Specialty Shop RRR Bed & Breakfast Inn UUR RRR Service Station S.R.O. Hostel U U R R R Automotive Garage, Repair Garage c. OFFICE Office Building R RRR Radio and Television Station UUU Car Wash5 WWW Live/Work Unit RR R RRR Truck Maintenance d. RETAIL Drive-Through Facility6 RRR Open-Market Structure RRR R RRR Roadside Stand R R R R R General Retail Building R R RRR Billboard Pawn Shop WW Shopping Center R R R General Service RRRRR Shopping Mall R R R Artist Studio UUUUUf. OTHER: CIVIL SUPPORT Restaurant R R RRR Fire Station RRR R RRR Freestanding Fast Food Restaurant RRRR Police Station R R RRR Kiosk R R RRR Cemetery UUU Drive-Through Facility6 R10 RRR Funeral Home RRR Push Cart WWW Hospital RR Liquor Selling Establishment WWW Medical Office, Clinic R RRR Self Service Laundromat WWW Laundry and Dry Cleaning Shop RRR Bank/Financial Institution R11 RRR Bail Bondsmen f. OTHER: EDUCATION Check Cashing Establishment WWW Adult Entertainment Fortune Telling Establishment College UUU U UUU High School UUU U UUU Trade School UUU U UUU Elementary School UUU U UUU e. CIVIC Childcare Center7 U U U U RRR Bus Shelter R RR R RRRf. OTHER: INDUSTRIAL Convention Center R Heavy Industrial Facility Conference Center WWR Light Industrial Facility Exhibition Center R Manufacturing Fountain or Public Art RRR R RRR Catering RRR Library R R RRR Live Theater RRR Indoor Commercial Amusement RRR Research Laboratory WW Outdoor Commercial Amusement WWW Water Supply Facility WWW W WWW Museum RRR Sewer and Waste Facility Assembly Hall, Indoor Auditorium RRR Electric Substation WWW W WWW Gymnasium RRR Telecommunications Outdoor Auditorium WRR R RRR Cremation Facility Parking Structure RRR Warehouse Passenger Terminal R Landscaping, Lawn Service RRR Playground R R R R R R R Produce Storage Sports Stadium Recycling Center Surface Parking Lot W W WWW Mini-Storage RRR Place of Worship UUU R RRR6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Section 64-1809 for additional requirements. 2. T4-Open 8. No overnight stay allowed. 3. Includes T5-Limited subject to Table 9 9. T4-Permissive. See Section 4.6.1(e) for additional restrictions in the Five Acre Road Zone. 4. See Section 4.14 for additional requirements.10. Only allowed in the Five Acre Road Zone and when accessory to a bank/financial instiution. School of Business, Dance, Music or Similar WW Laundry and Dry Cleaning Distribution Center W W WWWVeterinary Clinic/Hospital, Kennel (with inside pens) TABLE 10: Specific Function and Use. This table expands the categories of Table 9 to delegate specific Functions and uses within Transect Zones. Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). See Section 54 of the Code of the City of Milton Automobile and Light Truck Sales/Leasing Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice R RRR W 46 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 11: Code Summary T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE T6 URBAN CORE a. BASE BUILDING DENSITY (See Section 1.6) By Right By TDR TDR not permitted b BLOCK SIZE Block Perimeter c. THOROUGHFARES (See Table 3 and Table 4) HW permitted permitted not permitted not permitted not permitted BV not permitted permitted permitted permitted permitted AV not permitted permitted permitted permitted permitted CS not permitted not permitted not permitted permitted permitted DR not permitted permitted permitted permitted permitted ST not permitted permitted permitted permitted permitted RD permitted permitted not permitted not permitted not permitted Rear Lane permitted permitted required, or Alley not permitted not permitted Rear Alley not permitted permitted requir Path permitted permitted permitted not permitted not permitted Passage not permitted permitted permitted permitted permitted Multi-Use Trail permitted permitted permitted permitted permitted Equestrian Trail permitted permitted permitted permitted permitted Bicycle Lane permitted permitted permitted permitted permitted Bicycle Route permitted permitted permitted permitted permitted d. CIVIC SPACES (See Table 5) Park permitted permitted Green not permitted permitted permitted permitted Square not permitted not permitted permitted permitted Plaza not permitted not permitted not permitted permitted Playground, Pocket Park permitted permitted permitted permitted e. LOT OCCUPATION Lot Width Lot Coverage f. SETBACKS - PRINCIPAL BUILDING (See Table 12) (f.1) Front Setback Principal5 (f.2) Front Setback Secondary5 (f.3) Side Setback (f.4) Rear Setback Frontage Buildout5 not applicable g. SETBACKS - OUTBUILDING (See Table 12) Front Setback Side Setback Rear Setback h. BUILDING PLACEMENT (See Table 7) Edgeyard permitted permitted permitted permitted permitted Sideyard not permitted not permitted permitted permitted permitted Rearyard not permitted not permitted permitted permitted permitted Courtyard not permitted not permitted not permitted permitted permitted i.PRIVATE FRONTAGES (See Table 8)5 Common Yard permitted permitted not permitted not permitted not permitted Porch & Fence permitted permitted permitted not permitted not permitted Terrace, Dooryard not permitted not permitted permitted permitted permitted Forecourt not permitted not permitted permitted permitted permitted Stoop not permitted not permitted permitted permitted permitted Shopfront not permitted not permitted permitted permitted permitted Gallery not permitted not permitted not permitted permitted permitted j. BUILDING FORM-HEIGHT (See Table 6) Principal Building Outbuilding k. BUILDING FUNCTION (See Table 9 and Table 10) Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4,7 open use 5. See Section 4.4.1(d) for alternate requirements for certain sized buildings along 6. Within T4-Open the building height limits of T-5 apply 7. See Section 4.6.1 for additional restrictions in T4-Permissive. 4. Within T4-Permissive, T4-Open, and T5-Limited different Building Function requirements apply BUILDING PLACEMENT18 ft. min no max. 18 ft. min no max. 80% max. 2 ft. min. 15 ft. max. 3,000 ft. max. 2,400 ft. max. permitted permitted 3,200 ft. max. 18 ft. min 96 ft. max. permitted 70% max. 80% max. 50% min. 0 ft. min. 40 ft. max. from rear prop 3 ft. min. 0 ft. min. 2 ft. min. 15 ft. max. 20 ft. min. + bldg. setback 3 ft. or 6 ft. min.3 3 ft. min. 50% min.30% min. 2 ft. min. 15 ft. max. 12 ft. min. open use 0 ft. min. 3 ft. max. 3 ft. min. 50% min. 20 ft. min. + bldg. setback restricted use restricted use limited use7 25 ft. min. 25 ft. min. 50 ft. min. 2 stories max. 2 stories max. 2 stories max. 2 stories max. 3 stories max. 3 stories max.BUILDING FORMFUNCTIONopen use open use open use4 open use open use restricted use restricted use limited use4,7 prohibited use restricted use limited use4,7 open use 2 stories max. 1 unit / ac. 3 unit / ac. 6 unit / ac. 5 unit / ac.7 9 unit / ac.7 50 ft. min. 12 ft. min. 5 or 10 ft. min.2 10 ft. min. 30 ft. max. 8 ft. min. 20 ft. max. 3 ft. min. 100 ft min 20% max 70 ft. min 120 ft. max. 60% max. 60 ft. min. 40 ft. min. 15 or 20 ft. min.2 no maximum 12 units / ac. 36 units / ac. 3 stories max.6 4 stories max. 9 units / ac. 14 units / ac. 3 ft. 0 ft. or 3 ft. min.3 16 stories max. 0 ft. min. 20 ft. min. + bldg. setback 40 ft. max. from rear prop 2 ft. min. 15 ft. max. 0 ft. min. 3 ft. max. permitted permitted permitted permitted 3,200 ft. max. required required 47 April 8, 2015 3DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 12A: Code Graphics - T3 1. 2. Stories may not exceed 14 feet in height from finished floor to finished ceiling. 3. (See Table 1) restricted use restricted use restricted use 1. prohibited use 3 stories max.2. 2 stories max. 70 ft. min. 120 ft. max. 60% max. permitted not permitted not permitted 1. not permitted 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted Refer to Summary Table 11 3. * or 15 feet from center line of alley Common Yard Porch & Fence PRIVATE FRONTAGES (See Table 8) ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery Terrace or Lightwell Forecourt Stoop Shopfront & Awning "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 13 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. PARKING PLACEMENT Front Setback Principal (h.1 at right) Front Setback Principal (g.1 at right) Front Setback Secondary (h.2 at right) Side Setback (h.3 at right) SETBACKS - OUTBUILDING (See Table 11 section g) Side Setback (g.3 at right) Rear Setback (g.4 at right) Frontage Buildout Front Setback Secondary (g.2 at right) SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Office Retail Principal Building Outbuilding Lot Width Lot Coverage Rearyard Courtyard Sideyard The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Edgeyard BUILDING FORM (See Table 9) LOT OCCUPATION (See Table 11 section e) BUILDING PLACEMENT (See Table 7) Residential Lodging BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above ground portions of basements. Height shall be measured to the eave or roof deck. BUILDING FUNCTION (See Table 9 & Table 10) SETBACKS - PRINCIPAL BLDG. 48 Aprill 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 12B: Code Graphics - T4 1. 2. 3. (See Table 1) limited use* limited use* limited use*1. limited use* 3 stories max.2. 2 stories max. 18 ft. min., 96 ft. max. 70% max. permitted permitted permitted 1. not permitted 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. not permitted 1. permitted permitted permitted permitted 2. permitted not permitted Refer to Summary Table 11 BUILDING FUNCTION (See Table 9 & Table 10) Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13 section d). Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Common Yard Porch & Fence The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. Residential Lodging The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Office BUILDING FORM (See Table 6) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. SETBACKS - PRINCIPAL BLDG. Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). PARKING PLACEMENT Side Setback (g.3 at right) Rear Setback (g.4 at right) Frontage Buildout Side Setback (h.3 at right) SETBACKS - OUTBUILDING (See Table 11 section g) PRIVATE FRONTAGES (See Table 8) Terrace or Lightwell Forecourt Stoop Shopfront & Awning LOT OCCUPATION (See Table 11 section e) Front Setback Principal (g.1 at right) Front Setback Secondary (g.2 at right) Retail Sideyard Rearyard Courtyard "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. Lot Width Lot Coverage Edgeyard Front Setback Principal (h.1 at right) Front Setback Secondary (h.2 at right) BUILDING PLACEMENT (See Table 7) SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) ** or 15 feet from center line of alley *Within T4-Open different Building Function requirements apply 3.Trash containers shall be stored within the third Layer. 49 Apirl 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 12C: Code Graphics - T5 1. 2. 3. (See Table 1) open use open use open use 1. open use* 4 stories max.2. 2 stories max. 18 ft. min., no max. 80% max. permitted permitted permitted 1. permitted 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.** 50% min. at setback 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 11 *Within T5 Limited different Building Function requirements apply **or 15 feet from center line of alley Rear Setback (g.4 at right) Frontage Buildout Front Setback Principal (h.1 at right) Front Setback Secondary (h.2 at right) SETBACKS - OUTBUILDING (See Table 11section g) PRIVATE FRONTAGES (See Table 8) Side Setback (h.3 at right) Porch & Fence Terrace or Lightwell 3. Common Yard Trash containers shall be stored within the third Layer. Gallery Forecourt Stoop Shopfront & Awning Sideyard Lot Coverage "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Courtyard SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13 section d). PARKING PLACEMENT Side Setback (g.3 at right) SETBACKS - OUTBUILDING Front Setback Secondary (g.2 at right) Rearyard Front Setback Principal (g.1 at right) Facades shall be built along the Principal Frontage to the minimum specified width in the table. Residential Lodging Edgeyard BUILDING FORM (See Table 6) LOT OCCUPATION (See Table 11 section e) BUILDING PLACEMENT (See Table 7) Lot Width Office SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. Retail Principal Building Outbuilding BUILDING FUNCTION (See Table 9 & Table 10) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. 50 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 12D: Code Graphics - T6 1. 2. 3. (See Table 1)4. open use open use open use 1. open use 8 stories max., 2 min.2. 2 story max. 18 ft. min., no max. 80% max. permitted permitted permitted 1. permitted 2 ft. min., 15 ft. max. 2 ft. min., 15 ft. max. 0 ft. min. 3 ft. min.* 50% min. at setback 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted 3. Refer to Summary Table 11 Frontage Buildout Front Setback Principal (h.1 at right) Front Setback Secondary (h.2 at right) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck. Stepbacks shall be as shown on Table 6. Lodging Office Retail SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Frontage or Lot lines as shown. BUILDING FUNCTION (See Table 9 & Table 10) Residential Courtyard Facades shall be built along the Principal Frontage to the minimum specified width in the table. Lot Width Edgeyard BUILDING FORM (See Table 6) LOT OCCUPATION (See Table 14f) BUILDING PLACEMENT (See Table 7) The Elevations of the Outbuilding shall be distanced from the Frontage or Lot lines as shown. Principal Building Outbuilding Lot Coverage Sideyard Rearyard SETBACKS - OUTBUILDING Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 13d). PARKING PLACEMENT Covered parking shall be provided within the third Layer as shown in the diagram (see Table 13d). SETBACKS - PRINCIPAL BUILDING (See Table 11 section f) Front Setback Principal (g.1 at right) Front Setback Secondary (g.2 at right) Side Setback (g.3 at right) Forecourt Stoop Shopfront & Awning Gallery Common Yard Rear Setback (g.4 at right) *or 15 feet from center line of alley "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) Side Setback (h.3 at right) SETBACKS - OUTBUILDING (See Table 11 section g) Porch & Fence Terrace or Lightwell 51 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V4 City of Milton TABLE 13: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 52 April 8, 2015 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 54 ARTICLE 6. DEFINITION OF TERMS 6.1 DEFINITIONS 6.1.1 This 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 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 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 that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, 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. 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 13. 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 on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the Code and is permitted and processed administratively, without public hearing. 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) Formatted Deleted: this Deleted: code Deleted: I Deleted: this Deleted: code Deleted: this Deleted: code Deleted: 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.¶ Deleted: 2 Deleted: code Deleted: this Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 55 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 Site: 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 landscapi ng 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 Spaces. Code, This: 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. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whether a principal or accessory use. 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. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own 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. Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 4A, Table 4B, and Table 4D. Density: the number of buildings units within a standard measure of land area. Design Speed: 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, This: 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. Deleted: this Deleted: code Deleted: s Deleted: code Deleted: type. A Deleted: , Deleted: a regular Deleted: 8 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 56 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. Five Acre Road Zone: an area shown on the Deerfield/Highway 9 Regulating Plan with specific requirements that were identified in the Highway 9 North Vision Plan. 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. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 13. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 9A and Table 10. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 8. General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, automotive specialty shops, adult bookstores, pawnshops, liquor selling establishments or other uses specifically set forth in Table 10. General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 10. 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. Deleted: that may or not be congruent with the Lot Line DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 57 Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2 and T-3). Home Occupation: a non-Retail Commercial enterprise. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 9A. House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. Landscape Strip: the element of the Public Frontage between the Sidewalk (or right-of-way where no Sidewalk is required along Five Acre Road) 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. Maximum Two-Story Height Zone: an area shown on the Deerfield/Highway 9 Regulating Plan where the maximum building height is limited to two stories, regardless of Transect Zone. Maximum Twelve-Story Building Height Zone: an area shown on the Deerfield/Highway 9 Regulating Plan where the maximum building height is limited to twelve stories, regardless of Transect Zone. 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 10 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 9A and Table 10. . Deleted: type, usually Deleted: (Syn: single.) Deleted: 12 DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 58 Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. 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 either two or more levels of above-ground parking or one or more levels of below-ground parking. Passage (PS): a pedestrian connector, open or roofed, that is open to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which usually accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 13. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: on corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 8 and Table 13. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A, Table 4B, and Table 4D. Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. 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. Deleted: this Deleted: code Deleted: this code Deleted: one Deleted: Stories Deleted: above grade Deleted: (Syn: garage) Deleted: rear parking areas to Frontages DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 59 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 single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 13. Setback: the area of a Lot measured from the Frontage Line or, in the absence of Frontage Line, the Lot line, to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 11 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 8. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 7. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Special Requirements: provisions of Section 4.3 of This Code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 5. Stepback: a building Setback of at least 10 feet that occurs at a prescribed number of Stories above the ground. See Table 6. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Deleted: D Deleted: this Deleted: code Deleted: of the same type Deleted: and Deleted: this code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 60 Story: a habitable level within a building, excluding an Attic or above-ground portions of a 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 permanently reducing development potential of 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 the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by This Code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table 13. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to This Code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of This Code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of This Code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Deleted: raised Deleted: th Deleted: code Deleted: this code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code Deleted: t Deleted: code DEERFIELD FORM-BASED CODE – PROPOSED UPDATES V5 City of Milton April 14, 2015 61 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. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-02 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 April 27, 2015 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'- M ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-04 — Chapter 64, Article VII, Division 5, State Route 9 Overlay District, to Amend the State Route 9 Overlay District Map. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: {Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 0 APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS 04? -11S () NOT APPROVED VNO { NO () NOT APPROVED ® # Yau(n y.. 0Gireen R,E,ed PHONE: 678.242.2500 j FAX: 678.242.2499 Certified info@cityofmiltonga.us j www.cityotmiltonga.us Community Ech;u 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 1, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation. Re: Consideration of RZ15-04 – Text Amendment to Chapter 64, Article VII, Division 5, State Route 9 Overlay District, to amend the State Route 9 Overlay District Map. Department Recommendation: The Community Development Department recommends approval of the amended State Route 9 Overlay District Map as discussed below. Executive Summary: The purpose of this map change is to make the SR 9 Overlay District Map to be consistent after the expanded Deerfield Form Based Code is expanded north of Bethany Bend. Concurrently, the Overlay Map will then reflect that portion of the Overlay that converts over to the Deerfield Form Based Code. Funding and Fiscal Impact: None anticipated. Alternatives: There are no alternatives to approving this District Overlay Map. Legal Review: None. Concurrent Review: None. Attachment(s): “State Route 9 Overlay District Map” and Ordinance for RZ15-04 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON RZ15-04 AN ORDINANCE TO AMEND THE STATE ROUTE 9 OVERLAY DISTRICT MAP (CHAPTER 64, ARTICLE VII, DIVISION 5) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 27, 2015 at 6 p.m. as follows: SECTION 1. This Ordinance now hereby amends the physical boundaries of the State Route 9 Overlay Map to reflect the deletion of certain parcels on State Route 9, north of Bethany Bend to the Forsyth County line, which now will be incorporated into the Deerfield Form Based Code Regulating Plan (Chapter 64, Article XX) SECTION 2. This Ordinance and associated map is effective April 27, 2015 and; SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 27th day of April, 2015. _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk BBeetthhaannyyBB nn dd Webb RdWebb Rd Webb RdWebb Rd CCooggbbuurrnnRRddFF rr aa nn cc ii ss RR dd D S tD S tA StA StF StF StEE iigghhtteeeenntthhTTuulliippPPllaanntt a a tt ii oo nn RRddMMoorrrriiss RRdd Tidwell RdTidwell Rd IInndduuss ttrr iiaa llDD rr JJaammeess RRddCCllaarrkkDDrrMMccffaarrllaannddRR dd GG rr aa ss ss llaanndd PPkkwwyy FFeerrnnbbaannkkCCttTTiiddwweellllDDrrFFeer r nnbbaannkkDDrrTTiiddwwee ll ll CC ii rr MMa a rr tt ii nnDDr r NNPPaa rrkkLLnnHHiigghhwwaayy99H ig h w a y 9 H ig h w a y 9 Strickland RdStrickland RdGGrraannddJJcctt J StJ St AAllddeerrmmaann DDrrCChhaaddbboouurrnneeTTrrllI StI StHHuunnttiinnggtt oo nn CCiirrTTrraayywwiicckk CChhssTTrraayywwiicckk CChhss WW ee nn ddlleebbuurryyCCtt£¤19 £¤19 £¤19 £¤19 ST400 ST9 Copper SandyCreek C a mp C r e e k A l p h a r e t t aAlpharetta ForsythFultonBethwellCommunityCenter TTwwiinnrroossee PPllCCuummmmiinnggHHwwyyB B ee tt hh aa nn yy BB ee nn dd OOaa kk ss iiddeeCCiirrCCooggbbuurr nnRR dd BBeetthh aa nnyyCChhuurrcchhRRdd CC rr ee ee kk CCll uubbDDrrCCoommmmoonnww ee aalltthh CCiirrBBeetthhaannyyGGrreeeennCCttDDeevvoonnsshhiirreeFFaarrmmssWWaayy CCooggbbuurrnnLL nnSSuunnff ii sshhBBnnddWWeennnniinnggttoonn TTrrccee OOaa kk ss ttoonnee GGll nnD D eeeerrTTrrll SS oo nn aa ttaa LLnn TThhee HH ee rr m m iittaaggeeDD rrWWoollffWWiilllloowwCCllss eeMMaajjeessttiiccCCvvM M oo r r nniinnggMMoouunnttaaiinnWWaa yyGGrreeeennvviieewwTTeerr FFiivv ee AAccr r eeRRddHHooppeewwe e ll ll RR dd MMaa rr rr yy wwoo ooddDDrrYYoorr kk CC vvCCeeddaarr FFaarrmmss CCtt NN..FF iiee ll dd ss PP aa ss ss Cogburn RdCogburn RdCCooggbbuurrnnRRddTTiimmbbeerrPPttRReeggiioonnTTrrcceeFFllaammiinnggooRRdd FFooxxhhoollllooww RRuunnBBaarrbbeerr rr y y DDrr WWoo oo ddBBrraanncchh DDrrBBeetthhaannyyOOaakkssPPtteeHHooppeewweellll PP llaannttaattiioonnDDrrSS ee rr eennaaddee CCtt AArrcchhggaa tt eeCC ttSSaadd ddllee sspprriinnggssDD r r SS aa dd dd lleesspprriinnggssDDrrWW ee yyccrrooffttCCiirrAAuuttuummnnCCllsseeBBee ll ll eettee rr rreeDDrrG G ll ee nn cc rr ee e e kkWWaayyCClluu bb CCiirr MMiillttoonn PPll MMoorrrriissRRddMM cc GG ii nn nn iiss FFeerrrryyRRdd BBeetthhaannyy BBeenndd Webb RdWebb Rd HH ooppeeww eellllRRddBB ee tt hh aa nn yy BB ee nn dd HH oo pp ee ww eellll RRddHHooppeewweellllRRddDD ee ee rrff ii e e ll ddPPkkwwyyFFrraanncciissRRddDD ee e e rrffiieellddPPkkwwy y Created/Altered: 3/9/2015 G:\TaxCommunityDev\ZoningCase\RZ15-04_StateRoute9OverlayDistrict_ap_v1.mxd RZ15-04State Route 9Overlay District MapCity of Milton March 2015 ´0 0.5 10.25 Miles State Route 9 Overlay DistrictFreeway/HighwayRampMajor Arterial/CollectorMinor Arterial/Local RiversWaterbodiesCity LimitsCounties §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 i► HOME OF ' ��>i QUALITY OF LIFE IN GEORGIA' LTON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-03 — Chapter 64, Article XIX, Crabapple Form Based Code, to Amend and Add Standards Within the Code. MEETING DATE: Monday, April 27, 2015 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: K) YES () NO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITY ATTORNEY �APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: q) ,,,�, vi t S REMARKS ©' 4 PPT- youn *** PHONE: 678.242.2500 FAX: 678.242.2499 G�� '� *Ci[y ut er°;ot C infofcityofmiltonga.us I www.cityofmiltonga.us �� u_nure community z t ; 13000 Deerfield Parkway, Suite 107 1 Wton GA 30004 'a To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 22, 2015 for the April 27, 2015 Regular Meeting (April 13, 2015 First Presentation) Re: Consideration of RZ15-02 – Deerfield Form Based Code and RZ15-03 – Crabapple 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. The following items are addressed in both the Deerfield and Crabapple Form Based Codes. Block Size and Connectivity Requirements – Discourage dead-end streets and limit their length to 150 feet. Clarify maximum block size requirements where stub streets are provided. Section 2.2.7 Deerfield Section 3.1.2 Crabapple Thoroughfare (i.e. street) Types - Current codes provide too much flexibility, developers just want to build the minimum required. Revisions will define approved street types, incorporate on-street parking for guests (0.3 space per unit which may be off street). Various Sections for both Deerfield and Crabapple Public Frontages (i.e. sidewalks) – Current codes require upgrades with development. Revisions will allow staff to waive this requirement if existing facilities are adequate, but slightly different from the code requirements. Section 3.4.1 Deerfield Section 3.5.1 Crabappple 2 Civic Spaces (i.e. parks and open spaces) – Expanded Civic Spaces to include Pocket Parks. Established a minimum width of 60 feet that is essential for the smaller civic space. Does not apply to parks greater than 8 acres in size. Section 3.5.2 Deerfield Section 3.6.2 Crabapple Common Mail Facilities – Created requirement for common mail facilities to comply with USPS requirements. Section 3.6 Deerfield Section 3.7 Crabapple Functions and Uses – Updated codes to incorporate standard City of Milton terms and regulations. Current code uses SmartCode terms. Table 9 for both Deerfield and Crabapple The following items were added for just the Crabapple Form Based Code. Function and Uses (Table 9) - Two new uses have been created in the Crabapple FBC for “Loft Apartment” and “Neighborhood Apartment” which are permitted by right in T4 Open and T5 and by Use Permit for T4. The reason for this addition is to encourage vertical mixed use by allowing apartments located in a building where the first story is used for non-residential functions, residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving Residential Functions for “Loft Apartment” and to encourage overall mixed use by allowing up to 30 units in standalone buildings for “Neighborhood Apartment”. Stormwater Facilities – Incorporated stormwater requirements developed for the Deerfield Code that states that facilities must be improved for aesthetic appeal or placed out of view. (Section 4.8) The following items were added for just the Deerfield Form Based Code. State Route 9 Visioning Study – Study extended from Bethany Bend to the Forsyth County Line along SR 9. New Zone – T4-Permissive - Has the same form as T4. It allows more commercial uses than T4 but fewer than T4-Open permits. It reflects the specific use restrictions from the vision study. Five Acre Road Zone - The Plan developed a highly detailed and specific vision for the Five Acres Road parcels. The area has additional commercial use restrictions, maximum commercial density, and specific landscape requirements. These items are scattered throughout the code to be consistent with the detailed plan for the Five Acre Road parcels. Radio and television station use standards – This use is proposed to be allowed with a Use Permit in T4-Open, T5, and T6 but we have also incorporated development standards for the use. (Section 4.15) 3 Large Format Retailers (Big Box Retailers) - Incorporates only the applicable city- wide standards that already exist pursuant to Sec. 64-98. It allows the form based code to prevail if there are conflicts. (Section 4.16) The following items were discussed by the Planning Commission at their March 25, 2015 meeting regarding both the Deerfield and Crabapple Form Based Codes. Within the codes, they are highlighted in yellow. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and street is extended. Section 2.2.8 Deerfield Section 3.1.2 Crabapple (Staff supports this amendment.) Incorporate the Milton Trail Plan and provide on or off street bicycle facilities not specified in the regulating plans may be provided. When on street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be increased. Sections 3.3.1 and 3.3.3 Deerfield Sections 3.4.1 and 3.4.2 Crabapple (Staff does not support the second part of the amendment based on the fact that newly developed subdivision streets would be increased in width unnecessarily. In addition, the both Form Based Codes and the Milton Trail Plan provide future bicycle/multi-purpose trails.) The requirements of the City of Alpharetta along Windward Parkway will not apply. Furthermore, the City of Milton may wave these requirements for any portion in the City of Milton when unified and safe pedestrian facilities are provided. Section 3.4.1.c.v. Deerfield (Staff does support this amendment.) Required visitor parking may either be provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. Section 4.9.2.b. Deerfield Section 4.9.2.b. Crabapple (Staff does support these amendments.) The following item was discussed in detail at the April 20, 2015 Council Work Session. Radio and television station use standards – This use is proposed to be allowed with a Use Permit in T4-Open, T5, and T6 but we have also incorporated development standards for the use. (Section 4.15) The Mayor and City Council asked Staff to provide alternative wording regarding the screening of the accessory telecommunications structures related to radio and television 4 stations. Their opinion was that the proposed wording was not feasible, especially if the structure was very tall in height. Staff proposes the following Section 4.15.3: “Accessory telecommunications structures must be screened from view along any public or private street or residential use by a 100% opaque wall of solid appearance or a visually continuous opaque evergreen hedge. The type, size and location of vegetation shall be approved by the City Arborist. The type, size and location of wall shall be approved by the Community Development Director.” 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 - Jarrard & Davis (February, 2015) Concurrent Review: Community Development Staff Attachment(s): Text Amendments and Ordinances for RZ15-02 and RZ15-03 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 CODE APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS 2.3 LANDSCAPE BUFFERS ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.2 GENERAL REQUIREMENTS 3.3 THOROUGHFARES - VEHICULAR LANES 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.6 CIVIC ZONES 3.7 COMMON MAIL FACILITIES ARTICLE 4. LOT AND BUILDING PLANS 4.1 ARTICLE APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 STORMWATER FACILITIES 4.9 OFF-STREET PARKING AND LOADING 4.10 PARKING LOCATION STANDARDS 4.11 LANDSCAPE STANDARDS 4.12 LIGHTING STANDARDS 4.13 DRIVE-THROUGH STANDARDS 4.14 GASOLINE STATION STADNARDS 4.15 SIGN STANDARDS 4.16 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A PUBLIC FRONTAGES - GENERAL TABLE 2B PUBLIC FRONTAGES - SPECIFIC TABLE 3 THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 11C CODE GRAPHICS - T5 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES Deleted: Deleted: TABLE 2A VEHICULAR LANE DIMENSIONS¶ TABLE 2B VEHICULAR LANE/PARKING ASSEMBLIES¶ CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 2 ARTICLE 1. GENERAL 1.1 INTENT The intent and purpose of This Code is to enable and support the implementation of the following policies: a. That 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 different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discourage d 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. 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 indicated in This Code. Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in This Code shall apply to all 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. The Crabapple Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia. 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, 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 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 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. 1.5 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; Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 4 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. 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 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.2 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. 1.6.3 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 1.6.2 is not exceeded. 1.6.4 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. 1.6.5 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 1.6.4. 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. Deleted: this code Deleted: All areas of a site shall be considered cumulatively the Gross Site Area.¶ 1.6.2 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 5 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. 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 TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive 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 agricultural features whose retention would implement Milton's goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City. Parcels in public ownership prior to the 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 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 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 of This District. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Deleted: Transferable Development Rights ( Deleted: ) Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 6 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 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. 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. Deleted: this district Deleted: this district CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 7 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of 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. Ho wever, 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 1.6.4. 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. Deleted: this code Deleted: this code Deleted: 5 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 8 ARTICLE 2. REGULATING PLANS 2.1 ARTICLE APPLICABILITY 2.1.1 The geographic locations of the following shall be as set forth in the 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 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 Crabapple 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. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in 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 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 2.2.3 The following elements shall not deviate from those established in the Crabapple Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the 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 generally 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 as follows: a. When both Blocks and the Thoroughfares that circumscribe them are completely within the Infill Regulating Plan, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. Deleted: this code Deleted: this code Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 9 b. In all other situations not identified in Section 2.2.5(a) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. c. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Where adjacent sites are nonconforming 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 and other dead end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within This 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. Deleted: 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 perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. Formatted: Highlight CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 10 ARTICLE 3. PUBLIC STANDARDS 3.1 ARTICLE APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the 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. 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 with a maximum length of 150 feet shall be provided to provide future connectivity at such time as the adjacent sites are developed or redeveloped. Culs-de-sac and other dead end streets are allowed only by Warrant to accommodate specific site conditions. Stub-out streets 150 feet in length or less shall terminate at a curb designed to be removed when the adjacent site is developed and the street is extended. b. Civic Spaces not shown in the Crabapple Regulating Plan are permitted. c. Sites of more than 4 acres shall be designed to define Blocks as follow: i. When both Blocks and the Thoroughfares that circumscribe them are completely within the site, Blocks shall not exceed the perimeter size prescribed in Table 10 section b. Blocks with a perimeter size exceeding 1,000 feet shall provide at least one 8 foot wide cross Block Passage. ii. In all other situations not identified in Section 3.1.2 (c)(i) above, Block perimeter shall not exceed an amount equal to one-half the perimeter size prescribed in Table 10 section b. iii. The perimeter for all Blocks shall be measured as the sum of lot Frontage Lines of the Block. 3.2 GENERAL REQUIREMENTS 3.2.1 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. 3.2.2 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 shall taper to meet those of the existing Thoroughfare. 3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic Space, the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton shall still apply. 3.2.4 Standards for new Thoroughfares shall be as follow: a. In zones T2, T3, T4, T5, new Thoroughfares shall conform to Table 3. b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the Subdivision Ordinance. c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.2.6 Rear Alleys shall be paved for their width. Deleted: provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Deleted: s Formatted: Highlight Deleted: may be provided Formatted: Indent: Left: 0.75", Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", Tab stops: Not at 0.5" Deleted: 's Deleted: vehicular lane and parking assemblies and Public Frontages Deleted: , except that 20% of the lots within each Transect Zone may Enfront a Passage Deleted: 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. Formatted: Indent: Left: 0.44", Hanging: 0.31" Deleted: . CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 11 3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. 3.3 THOROUGHFARES - VEHICULAR LANES 3.3.1 New thoroughfares shall include vehicular lanes in a variety of widths for parked and moving vehicles, and may include Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 3, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3.2 Where on-street parking is permitted in Table 3, the pavement width may be reduced at intersections by the addition of sidewalk bulbouts within the parking lane, but the overall right-of-way and Public Frontage shall remain unchanged. 3.4 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4.1 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 and the Milton Trail Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. When the Crabapple Regulating Plan and the Milton Trail Plan both identify a facility in the same location, the director of public works shall determine which is required. 3.4.2 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. 3.4.3 Additional on- or off-street bicycle facilities not specified in the Deerfield/Highway 9 Regulating Plan may be provided. When on-street facilities are provided within new Thoroughfares, the width of the thoroughfare in Table 4 shall be correspondingly increased, subject to approval of the director of public works. 3.5 THOROUGHFARES - PUBLIC FRONTAGES 3.5.1 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 2A and Table 2B 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. Retrofit may also include the addition of a Slip Road. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton, as mutually agreed upon by the applicant and the City of Milton. Where an easement is provided, the Frontage Line will not be congruent with the right- of-way. A Warrant to this retrofit requirement may be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety. 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. Deleted: may Deleted: 2A Deleted: t Deleted: this Deleted: the latter occurs CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 12 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. 3.5.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.5.3 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. 3.5.4 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. 3.5.5 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. 3.5.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Pub lic 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. 3.5.7 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. 3.6 CIVIC ZONES 3.6.1 General a. Civic Zones are designated on the Crabapple Regulating Plan, on an Infill Regulating Plan,, or on a site subject to Section 3.6.2(a) as Civic Building Sites or Civic Spaces. 3.6.2 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 b. Civic Spaces shall be designed as described in Table 4 and shall be accessible to the public during normal City of Milton park hours or longer each day. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting one or more Thoroughfare, except as otherwise stated below: i. A Playground or Pocket Park shall have a minimum of 25% of its perimeter Enfroning one or more Thoroughfares. ii. A Park shall have a minimum of 100 feet of its perimeter Enfronting one Thoroughfare. Deleted: 4 Deleted: as Civic Building Sites or Civic Spaces. Deleted: . Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. Deleted: . Deleted: a Deleted: for Playgrounds and Parks. Formatted: Outline numbered + Level: 2 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 0.25" + Indent at: 1", Tab stops: Not at 1" CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 13 d. Each Civic Space shall be at least 60 feet in width and length, except for Parks. e. The following areas shall not count towards satisfying Civic Space requirements: i. Greenways, except where they pass through a Civic Space meeting the requirements of Table 4; ii. Undisturbed natural vegetative buffers along stream as required by Section 20-426 of the Code of the City of Milton; and iii. Retention and detention areas used for permanent or occasional water storage. f. 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. 3.7 COMMON MAIL FACILITIES 3.7.1. Common mail facilities for delivery of US mail shall be made in every new development that includes a residential use, subject to approval by the US Postal Service. 3.7.2. Common mail facilities shall be covered, shall include a trash receptacle, and shall include two dedicated parking spaces. Deleted: be at Formatted: Outline numbered + Level: 2 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Tab after: 0.25" + Indent at: 1", Tab stops: Not at 1" Deleted: 5 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 14 ARTICLE 4. BUILDING SCALE PLANS 4.1 ARTICLE APPLICABILITY 4.1.1 Lots and buildings shall be subject to the requirements of 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 iii. Special Requirements, if any iv. Architecture 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 thereto that does not conform to the provisions of This Code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of This Code that shall apply. 4.2.2 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. Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 15 c. A Coordinated Frontage designation requires that the Public Frontage (Table 2a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. d. 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 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 volumes shall butt into the primary volume. The roof form of the primary volume shall clearly dominate. Secondary roof forms shall never dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Deleted: <#>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.¶ CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 16 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 Table 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, above-ground portions of 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 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 zone T5 a. Except where prohibited, Awnings 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. In the absence of a building Façade along any part of a Frontage Line, a Streetscreen shall be built co- planar with the Façade. 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 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. Deleted: A Deleted: or raised Formatted: Outline numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.25" + Indent at: 0.75" Deleted: , Arcades, Deleted: <#>Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. ¶ CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 17 f. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts are required on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries 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. Structures and parcels in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. b. Specific uses identified in Table 9 shall apply regardless of whether the use is a permitted use or accessory use. A structure or parcel may contain more than one permitted or accessory use. c. In addition to the accessory uses identified in Table 9, a structure or parcel may also be used for uses customarily incidental to any permitted use. 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, but not T4 or T4-Open 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, T4-Open, T5, but not T4-Restricted a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. b. When a building contains Loft Apartments, no more than 20 percent of its first Story floor area may consist of the combined floor area of residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function. c. The maximum number of Neighborhood Apartment dwelling units in a new development is 30. 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: a. Where permitted within the first Layer, fences, walls and hedges 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: Deleted: and Arcades Deleted: Buildings Deleted: Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. Deleted: 10 Deleted: 10 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 18 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 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the Code of the City of Milton). 4.8.2 Above-ground facilities shall be improved for aesthetic appeal through the use of green infrastructure or low impact development approaches, or 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 Required visitor parking in zones T2, T3, T4, T5 a. In addition to the requirements of Section 4.9.1, all single-family residential use groups described in Section 64-1410 shall provide a minimum of 0.3 visitor parking space per dwelling unit. b. Required visitor parking may either be provided off-street in a common parking lot anywhere on the site or on-street within 300 feet of the intended use, as measured along the direct improved pedestrian route from the door of the building to the parking space. 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 in accordance with Section 64-1411. 4.9.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. Formatted: Highlight Formatted: Highlight CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 19 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. 4.10 PARKING LOCATION STANDARDS 4.10.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.10.2 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. 4.10.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.10.5 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, unless a greater width is approved by Warrant to comply with the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton. 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. 4.11 LANDSCAPE STANDARDS 4.11.1 General to zones T2, T3, T4, T5 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. 4.11.2 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 Sections 4.10.2 and 4.10.3. 4.11.3 Specific to zone T3 a. A minimum of two trees approved by the city arborist shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. Deleted: D Deleted: (Table 2B.f) Deleted: D Deleted: Section CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 20 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 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) 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) CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 21 4.12 LIGHTING STANDARDS 4.12.1 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 degrees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.12.2 Public pedestrian lighting shall meet the following standards: a. Poles shall be the Georgia Power “Washington” type as approved by the community development director. b. Posts shall be the Georgia Power “Granville” type as approved by the community development director. 4.12.3 Shoe box and cobra style lights are prohibited. 4.12.4 Light housings and posts shall be a dark color/material and be nonreflective. 4.12.5. Sodium vapor, exterior neon, and colored lights are prohibited. 4.12.6 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.12.7 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.12.8 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. 4.12.9 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 Rear 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. 4.13 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 facility shall be from the interior of a lot or from a Rear Alley to avoid disrupting pedestrian traffic unless otherwise approved by Warrant for lots whose size, shape, or topography render this requirement unfeasible. If a separate driveway is approved by Warrant, its width shall be in accordance with Section 4.10.5(b). 4.13.4 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. 4.14 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. 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. 4.14.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. Deleted: Light posts shall not exceed a height of 15 feet from finished grade. Deleted: styles Deleted: be pole-top, bollard, or Shepard's Crook. Deleted: <#>¶ 4.12.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both.¶ Deleted: <#>.4 Deleted: .5 Deleted: .6 Deleted: 7 Deleted: 8 Deleted: 9 Deleted: 10 Deleted: a Deleted: e Deleted: Deleted: should Deleted: mid-block Deleted: D Deleted: necessary Deleted: no more than 24 feet wide CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 22 4.14.3. 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 4.12.9. 4.15 SIGN STANDARDS 4.15.1 The provisions of Section 64-2324 of the Code of the City of Milton shall apply in This District. 4.15.2 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. 4.16 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 architect. 4.16.2 All buildings, except single-family detached residential, shall be designed in one of the following styles as defined in Article 7 of This Code: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.16.3 Single-family residential buildings shall be designed in one of the styles set forth in Section 4.16.2 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 consider whether the building design, while not strictly in accordance with the style requirements, meets the intent set forth in Section 1.1 and will not adversely affect adjacent properties or the public health, safety, and welfare. 4.16.4 Buildings with a Shopfront or Gallery Private Frontage may utilize one of the styles identified in Section 4.16.2 wherein conformance is achieved through the use of stylistic architectural details. 4.16.5 Except within a designated historic district, compliance with Sections 4.16.2 and 4.16.3 shall be as determined by the community development director following comment from the city architect or city design review board, as applicable. 4.16.6 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; 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 Deleted: 5 Deleted: in areas regulated by this code Deleted: Architectural St Deleted: yles Deleted: determine that Deleted: , Deleted: , or Arcade CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 23 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. 4.16.7 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. ii. Gutters may be ogee 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. 4.16.8 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. 4.16.9 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. Formatted: Indent: Left: 0.75", Hanging: 0.25", Numbered + Level: 1 + Numbering Style: i, ii, iii, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.63" + Indent at: 0.63", Tab stops: Not at 0.63" CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 24 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. 4.16.10 Doors and windows that operate as sliders are prohibited along Frontages. 4.16.11 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 hardwood, 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. iii. Garage doors shall be wood, composite, or metal. Faux strap hinges, embellishments, standard paneled doors, and arched glass panels shall be prohibited. 4.16.12 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. 4.16.13 Crawl space vents shall match building style. 4.16.14 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. 4.16.15 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 piers 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 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 25 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. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.16.16 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. CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Dooryards, Forecourts, Shopfronts, and Galleries Typical Building Height:1- to 3-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 26 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 T5 e.T3 T4 T5 f.T5 g.T3 T4 T5 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) For Commercial Street: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 2A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 2B and Table 3. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 27 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton TRANSECT ZONE T2 T3 T2 T3 T4 T5 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 5-20 feet T3 ST-DR-AVRD & ST Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a 18-24 feet Path 4-8 feet Raised Curb 10-30 feet Sidewalk 12-20 feet 10-30 feet Open Swale 16-24 feet 12-18 feet 8 feet - 16 feet Continuous Swale Clustered Clustered 8 feet - 12 feet AlternatingClustered Continuous Swale Regular Single Single 4 feet - 6 feet Single ST-DR-AV-BV CS-DR-AV-BV OpportunisticRegular Regular Continuous Planter Tree Well 4 feet - 6 feet TABLE 2B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, Walkways and Planters - relative to specific Thoroughfare types within Transect Zones. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 8 feet - 16 feet Clustered Continuous Planter 12-30 feet Continuous Planter 8 feet - 12 feet CS-DR-AV-BV T5 Sidewalk Walkway. The hard surface dedicated exclusively to pedestrian activity. T4 12-24 feet HW & RD Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. Raised Curb 5-20 feet Sidewalk Sidewalk Raised Curb 5-20 feet5-20 feet 12-18 feet 4-8 feet 4-8 feet Raised Curb 28 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS RL-24-12 RA-24-24 Rear Lane Rear Alley T2, T3, T4 T3, T4, T5 24 feet 24 feet 12 feet 24 feet Yield Movement Slow Movement 10 MPH 10 MPH 3.5 second 7 seconds n/a n/a None None Taper Taper None None None None Inverted crown Inverted crown None None Pavement Width TABLE 3: Thoroughfare Assemblies: New Thoroughfares shall comply with this table. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Variations may only be approved by the public works director if the public health, safety, and welfare demand. ST-57-20-BL Thoroughfare Type Right-of-Way Width Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 29 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-281 ST-60-361 Street Street T3, T4, T5, T6 T3, T4, T5, T6 50 feet 60 feet 28 feet 36 feet Slow Movement Free Movement 25 MPH 25 MPH 8 seconds 10.3 seconds 2 lanes 2 lanes One side @ 8 feet unmarked, bulbouts permitted Both sides @ 8 feet unmarked 15 feet 10 feet 5 foot Sidewalk on both sides 5 foot Sidewalk on both sides 6 foot continuous Planter on both sides 7 foot continuous Planter on both sides Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Avenue Commercial Street Drive Street Road Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width 30 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-50-221 CS-50-281 Commercial Street Commercial Street T4-O, T5, T6 T4-O, T5, T6 50 feet 50 feet 22 feet 28 feet Slow Movement Slow Movement 20 MPH 25 MPH 6.2 seconds 8 seconds 1 lane 2 lanes One side @ 8 feet marked One side @ 8 feet marked 15 feet 15 feet 18/10 foot Sidewalk 11 foot Sidewalk on both sides 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Pavement Width TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 31 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS CS-60-361 CS-100-641 Commercial Street Commercial Street T4-0, T5, T6 T4-0, T5, T6 60 feet 100 feet 36 feet 64 feet Free Movement Slow Movement 25 MPH 25 MPH 10.3 seconds 8.5 seconds at corners 2 lanes 2 lanes Both sides @ 8 feet marked Both sides angled @ 17 feet marked 10 feet 15 feet 12 foot Sidewalk 18 foot Sidewalk 5 x 8 foot tree well 5 x 8 foot tree well Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Rear Alley Rear Lane Multi-Use Trail Equestrian Trail Bicycle Lane Avenue Commercial Street Drive Street Road Pavement Width Transportation THOROUGHFARE TYPES Highway Boulevard TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width 32 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS AVE-75-401 AVE-90-561 Avenue Avenue T3, T4, T5, T6 T3, T4, T5, T6 75 feet 90 feet 40 feet 56 feet Slow Movement Slow Movement 25 MPH 25 MPH 5.7 seconds - 5.7 seconds 5.7 seconds - 5.7 seconds at corners 2 lanes 4 lanes Both sides @ 8 feet marked Both sides @ 8 feet marked 15 feet 15 feet 6 foot Sidewalk 6 foot Sidewalk 7 foot continuous planter 7 foot continuous planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. 1. When on-street facilities are provided, the width of the thoroughfare shall be correspondingly increased, subject to approval of the director of public works. Pavement Width TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Parking Lanes Curb Radius Walkway Type Planter Type Curb type Landscape Type 33 March 12, 2015 CRABAPPLE FORM BASED CODE-PROPOSED UPDATES V3 City of Milton TABLE 4: Civic Space a.T2 T3 b.T3 T4 T5 c.T4 T5 d.T5 T6 e.T2 T3 T4 T5 f.Pocket Park:An Open Space available for passive recreation and relaxation. Pocket Parks shall include seating, trees, and other landscaping. Pocket Parks shall be interspersed within Residential areas. There shall be no minimum or maximum area, except that every Pocket Park shall be at least 60 feet in width and length. Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres.Every Park and portions thereof shall be at be at least 60 feet in width and length. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres.Every Green and portions thereof shall be at be at least 60 feet in width and length. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be5acres.Every Square and portions thereof shall be at be at least 60 feet in width and length. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres.Every Plaza and portions thereof shall be at be at least 60 feet in width and length. Playground:An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum area, except that every Playground shall be at least 60 feet in width and length. 34 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton T2 T3 T4 T5 T5 1. Max. height without ground floor Civic or Commercial Function / Max. height with ground floor Civic or Commercial Function. TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. 35 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton a.T2 T3 T4 T5 b.T4 T5 c.T4 T5 d.T5 Rearyard: A building that occupies the full Frontage, leaving the rear of the lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: A building that occupies the boundaries of its lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: A building that occupies the center of its lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: A building that occupies one side of the lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 36 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 d.T4 T5 e.T4 T5 T6 f.T4 T5 g.T5 TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. 37 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton T3 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Building Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are prohibited in T4-Restricted. Open Office:The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net office space. TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimied within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open the T5 Function regulations apply 38 March 30, 2015 Exhibit B CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 f. OTHER: AGRICULTURE T2 T3 T4-R2 T4 T4-O3 T5 Apartment UUU Grain Storage R Loft Apartment RRR Livestock Pen W Neighborhood Apartment RRR Greenhouse RW Live/Work Unit R RRR Stable RW Row House RRRR Duplex House RRRR Courtyard House RRRR Kennel with Outside Pens UU Sideyard House RRRRR Pet Grooming9 RR Cottage RRRR f. OTHER: AUTOMOTIVE House RRRRR Gasoline Station4 WW Accessory Unit RR RRR Automobile Service Station b. LODGING Truck Maintenance Motel, Hotel RR Automotive Garage, Repair Garage RR Bed & Breakfast Inn UU RRR S.R.O. Hostel U U R R School Dormitory RRR Car Wash5 RR c. OFFICE Drive-Through Facility6 UU Office Building RR Roadside Stand R RRR Radio and Television Station Billboard Live/Work Unit R RRR Shopping Center d. RETAIL Shopping Mall Open-Market Structure Building RR RRR f. OTHER: CIVIL SUPPORT General Retail Building RRR Fire Station RRRRRR Pawn Shop Police Station RRRR General Service RRR Cemetery UU U Artist Studio UUU Funeral Home RR Restaurant RRR Hospital Kiosk RRR Medical Office, Clinic RR Drive-Through Facility*7 UU Push Cart WW Liquor Selling Establishment WW Self Service Laundromat RRf. OTHER: EDUCATION Laundry and Dry Cleaning Shop RR Bank/Financial Institution RR Bail Bondsmen College UU UUU Check Cashing Establishment High School UU UUU Adult Entertainment Trade School UU UUU Fortune Telling Establishment Elementary School UU UUU Other - Childcare Center7 UU UUU f. OTHER: INDUSTRIAL Heavy Industrial Facility e. CIVIC Light Industrial Facility W Bus Shelter R RRRRR Manufacturing W Convention Center Catering RR Conference Center WW Exhibition Center Fountain or Public Art RRRRRR Research Laboratory Facility W Library RRR Water Supply Facility Live Theater UU Sewer and Waste Facility Indoor Commercial Amusement RR Electric Substation WWWWWW Outdoor Commercial Amusement WW Telecommunications Museum RR Cremation Facility Assembly Hall, Indoor Auditorium UU Warehouse Gymnasium RR Landscaping, Lawn Service RR Outdoor Auditorium WR RRR Produce Storage Parking Structure RR Recycling Center8 W Passenger Terminal Mini-Storage Playground RRRRRR Sports Stadium 4. See Section 4.14 for additional requirements. Surface Parking Lot WWW5. Includes both principal and accssory car washes. Place of Worship UUUUUU6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a).7. See Section 64-1809 for additional requirements. 2. T4-Restricted 8. Collection only 3. T4-Open 9. No overnight stay. See Sec. 54 of the Code of the City of Milton Laundry and Dry Cleaning Distribution Center R RR School of Business, Dance, Music or Similar Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice W WW Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment Veterinary Clinic/Hospital, Kennel (with inside pens) TABLE 9: Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. WW Automobile and Light Truck Sales/Leasing 39 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground, Pocket Park e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard Courtyard i. Common Yard Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 40 ft. max. from rear prop BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 3 units / ac. 5 units / ac. 9 units / ac. not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. 2,000 ft. max. 14 units / ac. TDR not permitted 6 units / ac. 9 units / ac. THOROUGHFARES (See Table 2 and Table 3) permitted permitted not permitted not permitted permitted permitted not permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted permittednot permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted permitted permitted required, or Alley not permittedpermitted permitted permitted not permitted permitted required, or Lane required permitted permitted permitted permitted permitted permitted by Warrant permitted permitted permitted permitted permitted by Warrant permitted permitted permitted permitted CIVIC SPACES (See Table 4) not permitted not permitted permittednot permitted not permitted permitted permittednot permitted not permitted permitted permitted permitted 80% max. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. permitted permitted permitted permitted LOT OCCUPATION 100 ft min 70 ft. min 120 ft. max. 18 ft. min 96 ft. max. 18 ft. min 180 ft. max. 3 ft. max. SETBACKS - OUTBUILDING (See Table 11) 2 ft. min. 15 ft. max. 25 ft. min.5 or 10 ft. min.2 0 ft. min. 0 ft. min. 24 ft. max. 60 ft. min.15 or 20 ft. min.2 10 ft. min. 30 ft. max. 50 ft. min. 3 ft. min. 50% min. 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 not applicable 30% min. 70% min. 3 ft. min. 0 ft. min. 8 ft. min. 20 ft. max. 2 ft. min. 15 ft. max. permitted PRIVATE FRONTAGES (See Table 7) not permitted permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. not permitted not permitted permitted not permitted permitted permitted permitted not permitted permitted permitted not permitted 3 stories max. 1 min. BUILDING FUNCTION (See Table 8 and Table 9) restricted use restricted use limited use4 BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMpermittednot permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted TABLE 10: Code Summary 4. Within T4-Restricted and T4-Open different Building Function requirements applyFUNCTIONopen use open use open use open use 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4 prohibited use restricted use limited use4 restricted use restricted use limited use4 3 stories max. 1 min. 3 stories max. 3 stories max. 2 stories max. 2 stories max. 3 stories max. 3 stories max. 40 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. restricted use restricted use restricted use 1. prohibited use k. 3 stories max.2. 2 stories max. f. 70 ft. min. 120 ft. max. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley Courtyard BUILDING PLACEMENT (See Table 6) Outbuilding Lot Width Lot Coverage BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. Office Residential Lodging SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) (h.1) Front Setback BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (g.1) Front Setback Principal Principal Building Edgeyard Sideyard Retail SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Rearyard Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. Stoop Shopfront & Awning PARKING PLACEMENT (h.2) Side Setback (h.3) Rear Setback Common Yard (g.2) Front Setback Secondary Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. Porch & Fence Terrace or Lightwell Forecourt ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery 41 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min., 96 ft. max. 70% max. i. permitted permitted permitted 1. not permitted g. 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. not permitted 1. permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 10 "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout *Within T4-Restricted and T4-Open different Building Function requirements apply Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard Courtyard (g.1) Front Setback Principal (g.2) Front Setback Secondary The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) (h.1) Front Setback (h.2) Side Setback (h.3) Rear Setback Common Yard Porch & Fence 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). 42 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton TABLE 11C: Code Graphics - T5 1. 2. 3. (See Table 1) l. open use open use open use 1. open use k. 3 stories max.2. 2 stories max. f. 18 ft. min., 180 ft. max. 80% max. i. not permitted permitted permitted 1. permitted g. 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.* 70% min. at setback h. (h.1) Front Setback 40 ft. max. from rear prop. (h.2) Side Setback 0 ft. min. or 2 ft. at corner (h.3) Rear Setback 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 10 * or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT 3.Trash containers shall be stored within the third Layer. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) Common Yard Porch & Fence Gallery Terrace or Lightwell Forecourt Stoop Shopfront & Awning Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). (g.4) Rear Setback Frontage Buildout SETBACKS - OUTBUILDING (See Table 10g) Lot Width (g.3) Side Setback The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. (g.1) Front Setback Principal BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) Courtyard Residential Lodging Edgeyard Sideyard Office Retail Principal Building Outbuilding Lot Coverage (g.2) Front Setback Secondary Rearyard SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING BUILDING FUNCTION (See Table 8 & Table 8) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and raised above-ground portions of basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 8. 43 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 44 March 30, 2015 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 45 ARTICLE 6. DEFINITION OF TERMS 6.1 DEFINITIONS 6.1.1 This 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 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 This Code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Structure: any building or structure permanently attached to the ground that is subordinate in both purpose and size to any Principal Building located on the same lot. Accessory structures include, but are not limited to, Outbuildings, Parking Structures, garages, gasoline station canopies, pumps, and car washes. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Apartment, Loft: an apartment located in a building where the first Story is used for non-Residential Functions or residential lobbies, leasing offices, fitness centers, or multi-purpose rooms serving the Residential Function. Apartment, Neighborhood: an apartment that is not Loft Apartment and is located in a development where the total combined number of apartment dwelling units does not exceed 30. 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 on all sides. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. 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. 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) Deleted: this code Deleted: this code Deleted: See Table 8A and Table 12. (Syn: ancillary unit) Deleted: ¶ 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. CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 46 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 Site: 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, This: 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 Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Conference Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of 800 or fewer people or have meeting and exhibition areas that total 12,000 square feet or less, regardless of whether a principal or accessory use. 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. Convention Center: a place of assembly that customarily charges for meeting or exhibition areas and such areas either contain Building Code occupancy limits of more than 800 people or have meeting and exhibition areas that total more than 12,000 square feet, regardless of whether a principal or accessory use. Cottage: an Edgeyard Building containing a single-family dwelling on its own 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 6. Courtyard House: a Courtyard Building containing a single-family dwelling on its own Lot, often shared with an Accessory Building in the back yard. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system.. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. District, This: 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. Deleted: this code Deleted: s Deleted: b Deleted: type. A Deleted: , on a regular Deleted: Deleted: 7 Deleted: type Deleted: See Table 3A and Table 3B Moved down [1]: 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. Deleted: See Table 2A. Moved (insertion) [1] CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 47 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 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 6. 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. 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.” 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 7. 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 2A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines 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 Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. General Retail: a business whose primary use is the sale of merchandise, food or beverages to consumers, specifically including, but not limited to, delicatessens, plant nursery, art galleries, printing shops, garden centers, retail store or shops, automotive specialty shops, repair shops not involving any manufacturing on the site, and millineries or similar trade shops whenever products are sold exclusively on the site where produced. General Retail does not include roadside vending, adult bookstores, pawnshops, liquor selling establishments or other uses specifically set forth in Table 9. General Service: a business whose primary use is to provide a service, specifically including, but not limited to, health clubs, spas, personal grooming and hygiene services, barbershops, beauty shops, laundry and dry cleaning shops (excluding laundromats), and photography studios. General Service does not include financial establishments, banks, check cashing establishments, or other uses specifically set forth in Table 9. 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. Deleted: 7 Deleted: 3 Deleted: millinery Deleted: retail, Deleted: 10 Deleted: : Specific Function and use Deleted: 10 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 48 Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard Building containing a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. Kiosk: a permanent or temporary freestanding structure with one or more open sides and no larger than 15 feet by 15 feet by 12 feet high from which General Retail merchandise, food, or beverages are offered for sale. 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 intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 9 and Table 10. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. . Open Market Structure: a permanent freestanding and unconditioned structure from which vendors, farmers, and artists may display and sell new merchandise, food or beverages. 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 12. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Deleted: building Deleted: type, Deleted: usually Deleted: (Syn: single.) Deleted: 10 Deleted: 2 Deleted: temporarily Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 49 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 either two or more levels of above-ground parking or one or more levels of below-ground parking. Passage (PS): a pedestrian connector, open or roofed, that is open to the public and passes between buildings or lots to provide shortcuts through long Blocks and connect two Thoroughfares. Passages are not Civic Spaces. 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 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 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. 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 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 2A and Table 2B. Push Cart: any wagon, cart, or similar wheeled container, not a vehicle as defined in the Vehicle Code of the State of Georgia, from which General Retail merchandise, food, or beverages are offered for sale. 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) 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. Deleted: this code Deleted: one Deleted: Stories Deleted: Deleted: basement Deleted: above grade Deleted: rear parking areas to Frontages. Deleted: 3 Deleted: 3 Deleted: D Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 50 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 single-family dwelling, is located in a row of at least three and not more than eight single-family dwellings, 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 Facade 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 Facade 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 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 4. 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 above-ground portions of a 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 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 permanently reducing development potential of 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. Deleted: Rowhouse: a single-family dwelling that shares a party wall with another of the same type, is located in a row of at least three and not more than eight dwellings of the same type, and and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Deleted: this code Deleted: Deleted: raised CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 51 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 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. 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. 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. Deleted: this code Deleted: this code Deleted: this code Deleted: this code Deleted: this code CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 52 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This Section provides an overview of the seven architectural styles and their colors set forth in Section 4.16.2. 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, never 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. Modest 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, its form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. 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 democracy. 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 Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Deleted: ’ CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 53 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, 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 Renaissance 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. Facades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usually 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.) Indigenous versions of the style usually translated into wooden-frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 54 forth being freely substituted for medieval ornament. 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 occur 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. Facades 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 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 55 raked mortar joints. 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. Facades 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 light 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. Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 56 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 57 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 58 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 59 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 60 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 61 CRABAPPLE FORM-BASED CODE – PROPOSED UPDATES V3 City of Milton March 30, 2015 62 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-03 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 April 27, 2015 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF' MILTON *t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-05 — Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: {APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: OYES { } NO CITY ATTORNEY REVIEW REQUIRED: X YES () NO APPROVAL BY CITY ATTORNEY APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: r„ 1., 1 lb REMARKS V'T © youc® li 11 M .. Green` PHONE: 678.242.2500 I FAX: 678.242.2499 �� Communityth;u info@cityofmiltonga.us I www.cltyofmiltonga.us � 13000 Deerfield Parkway, Suite 107 1 Miltor GA 30004 ,BCLY To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 1, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-05 – Chapter 64, Article XVII Development Standards, to Create Standards and Penalties for the Request of Demolition Permits within the City of Milton. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The proposed amendment was created based on the need to give more “teeth” to the demolition permit review by the Design Review Board (DRB). As the Zoning Ordinance currently exists, the only requirement is for all buildings that apply for a demolition permit shall be reviewed by the City of Milton Design Review Board. Unless a structure has been designated a “historic building” by the City of Milton Historic Preservation Commission, any building can be demolished. Currently there are only two structures that are deemed historic which are the Thomas Byrd, Sr. House, formerly known as the Hopewell House and the Chadwick General Store. Both the Planning Commission and the DRB asked Staff to create criteria in which the DRB can evaluate all proposed buildings applying for a demolition permit. The proposed criteria are similar to the criteria for evaluating demolition applications for historically designated structures. The proposed text amendment also includes the proposed penalties for the unlawful demolition of a building. The Planning Commission at its March 25, 2015 meeting recommended approval of the proposed standards and Penalties for the Request of Demolition Permits with the following additions: 1) Within Sec. 64-2425 (a.) include the addition of the “Georgia’s Natural, Archaeological and Historic Resources Geographic Information System” in the list of considerations to approve or deny a demolition permit. This is an inventory of existing historic resources within the City that was conducted in 1996; 2) the Planning Commission was also 2 concerned with the condition of a site after a structure is removed. Therefore, they recommended in Sec. 64-2426 (c.)(4) that where determined by the Design Review Board, landscaping shall be installed as approved by the City Arborist. These recommendations of the Planning Commission are highlighted in yellow in the ordinance. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendment or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – February 2015 Concurrent Review: City of Milton Design Review Board and Community Development Department Staff Attachment(s): Proposed text amendment for RZ15-05 and Ordinance for RZ15-05 RZ15-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation on April 13, 2015) 4/22/20154/21/2015 Page 1 Division 5 Demolition Permits Sec. 64-2423. Purpose In support and furtherance of its findings and determination that the historical, cultural, and aesthetic heritage of the City of Milton, Georgia is among its most valued and important assets and that the preservation of this heritage is essential to the promotion of the health, prosperity, and general welfare of the people: The Milton City Council herby declares it to be the purpose and intent of this article to establish criteria for approving demolition permits and provide for penalty provisions for the protection, perpetuation and use of buildings, having historical, cultural, archeological or aesthetic interest or value, in accordance with the provisions of the division. Sec. 64-2424. Applicability A demolition permit shall be submitted to the Community Development Department for the request of demolition for all buildings, structures, or objects and shall be reviewed by the City of Milton Design Review Board. Sec. 64-2425. Criteria for approving a demolition permit The City of Milton Design Review Board shall use the following criteria in deciding to approve or deny a demolition permit: a. Is the building or structure listed on the “Georgia’s Natural, Archaeological and Historic Resources Geographic Information System”? ab. Is there any historic, scenic, or architectural significance of the building, structure, site, or object? bc. Is there any significant importance of the building, structure, site, or object to the ambiance of the area? cd. Would it be difficult or impossible to reproduce such a building, structure, site, or object because of its design, texture, material, detail, or unique location? de. Whether the building, structure, site, or object is one of the last remaining examples of its kind in the neighborhood or the city. ef. Whether there are definite plans for use of the property if the proposed demolition is carried out, and what the effect of those plans on the character of the surrounding area would be. fg. Whether reasonable measures can be taken to save the building, structure, site, or object from collapse. gh. Whether the building, structure, site, or object is capable of earning reasonable economic return on its value. RZ15-05 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation on April 13, 2015) 4/22/20154/21/2015 Page 2 Sec. 64-2426. Penalty provisions A person, firm, corporation or other entity commits an offense if he/she/it violates this article. Each day the offense continues constitutes a separate offense. The following penalties, which are nonexclusive, and the exercise of one or more of which shall not preclude exercise of the others, shall be imposed on those persons or entities found to have violated this article: a. The same penalties as set forth in the zoning chapter of the city for all violations of requirements set forth in the said zoning chapter; or b. The penalties set forth in Sec. 1-5 of the Code of Ordinances of the city for nonzoning violations. c. Restrictions on future development: If a property is demolished or relocated without a certificate of appropriateness from the DRB (Design Review Board), or in the event the plans are changed for the property from which the resource was removed without approval of the changed plans by the DRB, then the following restrictions, in addition to any other penalties or remedies set forth in this article, shall be applicable to the site where the structure or property was formerly located: 1. No building or other permits will be issued for construction on the site, with the exception of a permit to restore such structure or property after obtaining a certificate of appropriateness, for a period of five years after the date of such demolition or removal. 2. No permits shall be issued by the city for any curb cuts on the site for a period of five years from and after the date of such demolition or removal. 3. No parking lot for vehicles shall be operated whether for remuneration or not on the site for a period of five years from and after the date of such demolition and removal. 4. The owner of the site shall maintain the site in a clean and orderly state and shall properly maintain all existing trees and landscaping on the site. If the Design Review Board determines that after the removal of the structure, new vegetation and/or landscaping is required, said landscape plan, including type and size of landscaping shall be approved by the City Arborist. When these restrictions become applicable to a particular site, the building official shall cause to be filed a verified notice thereof in the Real Property Records of Fulton County and such restrictions shall then be binding on future owners of the property. 4. Civil action. As an additional remedy in addition to the penalties stated above, the city attorney for the City of Milton or his or her designee shall have the power to take all necessary civil action to enforce the provisions hereof and to request appropriate legal or equitable remedies or relief. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-05 AN ORDINANCE TO AMEND ARTICLE XVII, DEVELOPMENT STANDARDS TO CREATE STANDARDS AND PENALTIES FOR REQUESTS OF DEMOLITON PERMITS WITHIN THE CITY OF MILTON IN 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Article XVII 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk a HOME OF' MILTON ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-06 — Chapter 64-1609, Swimming Pool, Private to Amend Standards for Neighborhood Swimming Pools. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: )� APPROVED CITY ATTORNEY APPROVAL REQUIRED: (VYES CITY ATTORNEY REVIEW REQUIRED: (KYES APPROVAL BY CITY ATTORNEY (/APPROVED PLACED ON AGENDA FOR: 642-it j REMARKS () NOT APPROVED () NO () NO () NOT APPROVED ® ]0 You( ,r PHONE: 678.242.2500 1 FAX: 678.242.2499 Green n��a Info@cityofm1Itonga.us I www.cityofm1ltonga.us +5 0�Ommunity $!fi nr�� Ethics 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 b-a`� To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted April 21, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-06 – Chapter 64-1609, Swimming Pool, Private to Amend Standards for Neighborhood Swimming Pools. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The proposed text amendment addresses a continuing trend of requests to the Board of Zoning Appeals (BZA) to reduce the location of pools, pool equipment, and decks from all adjoining interior property lines for neighborhood swimming pools. All of the requests for the reduction of 100 feet have been granted by the BZA. It is Staff’s opinion that when a development standard is consistently being requested to be changed, there is a need to amend the standard itself. Along with the proposed reduction of the setback from 100 feet to 35 feet, a 25 foot undisturbed buffer and 10 foot improvement setback, Staff is including a requirement that the neighborhood pools be located within the interior of the subdivision and not be visible from the exterior street where the subdivision is located. By requiring this standard, it will help insure that the rural view shed be preserved within the City of Milton. The Planning Commission at its March 25, 2015 meeting recommended that the proposed amendments not be approved and therefore remain the same. This was based on their opinion that the 100 foot setback should be preserved to protect the adjacent property owners from noise, light and general activity related to a neighborhood swimming pool. In addition, the Planning Commission believed that placing neighborhood swimming pools within the subdivision contributes to more crime and vandalism of the amenity area since it would not be visible to the general public. The Mayor and City Council at its April 20, 2015 Work Session recommended that the community pool areas be visible from internal subdivision streets and not necessarily place the 2 pool in the back of the subdivision. In addition, they agreed it was important to screen the pool from the exterior streets to preserve the rural viewshed. The proposed changes by the Council are highlighted in yellow. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – February 2015 Concurrent Review: None. Attachment(s): Proposed text amendment and ordinance for RZ15-06. RZ15-06 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation April 20, 2015) Yellow highlights recommended by Council 4/22/20154/21/2015 Page 1 Sec. 64-1609. - Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006 International Residential Code, Section AG105 or the 2009 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade meas ured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to po ol completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the pool. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Location of pools, pool equipment, and decks shall be located within the interior of the subdivision and shall not be visible from the exterior street where the subdivision is located but maybe visible from interior subdivision streets. b. Pools, pool equipment, and decks must be located at least 10050 feet from all adjoining interior property lines, and at least 10050 feet from all property lines which abut single- family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64 -237 Provide a minimum 25 foot undisturbed buffer and 10 foot improvement setback or as required by the City Arborist to provide adequate screening from adjacent properties excluding interior subdivision streets. d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-06 AN ORDINANCE TO AMEND SECTION 64-1609, SWIMMING POOL, PRIVATE TO AMEND STANDARDS FOR NEIGHBORHOOD SWIMMING POOLS IN 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1609 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-07 — Chapter 64, Article Vl, Division 2, AG -1 District to Amend the Permitted Uses to Include Equine Garment Fabrication. MEETING DATE: Monday, April 27, 2015 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 ONO CITY ATTORNEY REVIEW REQUIRED: { YES ONO APPROVAL BY CITYATTORNEY APPROVED PLACED ON AGENDA FOR: REMARKS ® You - PHONE: 678.242.25001 FAX: 678.242.2499 info@cftyofmiltonga.us I www.c1tyofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 TAP 1,1) iTOPROVE1 ' Green . -� *ccrur«d"` u a.n�crr Community 'A76' 00 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted March 27, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-07, RZ15-08, and RZ15-09 – Text Amendments related to “Equine Garment Fabrication”. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The following three text amendments are related based on the need to amend how an equine garment fabrication use is permitted in the Zoning Ordinance. Currently, there is an existing Use Permit that requires the public hearing process to be approved. Staff has been asked to provide an alternative way to allow such a use by “right” within the AG-1 (Agricultural) district. RZ15-07 – Text Amendment to Chapter 64, Article VI, Division 2, and AG-1 District to amend the permitted uses to include Equine Garment Fabrication and associated development standards. Staff has included equine garment fabrication within the approved uses in the AG-1 district and included a maximum size (2,000 square feet) for the building utilized for fabrication. RZ15-08 – Text Amendment to Section 64-1811, To delete the “Equine Garment Fabrication” Use Permit. If the proposed amendment to include this use in the AG-1 district by right, there is no further need for this Use Permit and therefore, Staff has proposed to delete Section 64-1811. Currently, there are no properties with this use permit approved within the City of Milton. RZ15-09 – Text Amendment to Section 64-1, Definitions. To create a definition for “Equine Garment Fabrication” Currently, there is not a definition for “equine garment fabrication”. Therefore, Staff has included a new definition. 2 The Planning Commission at its March 25, 2015 meeting unanimously recommended that all of the three proposed text amendments related to Equine Garment Fabrication be denied. It was the opinion of the Planning Commission that Equine Garment Fabrication remains as a Use Permit and not be permitted by right under the AG-1 (Agricultural) district. They expressed their concern that the proposed amendments would allow noxious uses such as tanneries and retail shops that sold unrelated items on the premises. The Planning Commission also stated that text amendments should not be initiated just for one or two situations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – February 2015 Concurrent Review: None Attachment(s): Proposed text amendments and ordinances for RZ15-07, RZ15-08, and RZ15-09. RZ15-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation, April 13, 2015) 4/21/2015 Page 1 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT FOOTNOTE(S): --- (3) --- Editor's note— Section 1 of Ord. No. 13-03-160, adopted March 18, 2013, amended div. 2 in its entirety to read as herein set out. Former div. 2, §§ 64-414—64-417 pertained to similar subject matter, and derived from Ord. No. 12-10-150, adopted Oct. 15, 2012. See the Code Comparative Table for a complete derivation. Sec. 64-414. - Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by admin istrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No. 13-03-160, § 1, 3-18-2013) Sec. 64-415. - Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. RZ15-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation, April 13, 2015) 4/21/2015 Page 2 b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property containing le ss than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (10) Equine Garment Fabrication: provided buildings do not exceed 2,000 square feet in size and outside storage shall comply with Sec. 64-49 (b)(3). (b) Accessory uses. A building or land may be used for uses custom arily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No. 13-03-160, § 1, 3-18-2013) Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. RZ15-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation, April 13, 2015) 4/21/2015 Page 3 (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (k) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 55 inches from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (l) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (m) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. (Ord. No. 13-03-160, § 1, 3-18-2013) Sec. 64-417. - Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: Article XVI. (Ord. No. 13-03-160, § 1, 3-18-2013) RZ15-07 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation, April 13, 2015) 4/21/2015 Page 4 Secs. 64-418—64-436. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-07 AN ORDINANCE TO AMEND ARTICLE VI, DIVISION 2, AG-1 DISTRICT TO AMEND THE PERMITTED USES TO INCLUDE EQUINE GARMENT FABRICATION IN 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Article VI, Division 2 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' MILI 11 ONIP ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-08 — Section 64- 1811, To Delete the "Equine Garment Fabrication" Use Permit. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES ONO CITY ATTORNEY REVIEW REQUIRED: YES () NO APPROVAL BY CITYATTORNEY KAPPROVED PLACED ON AGENDA FOR: -7 1 S REMARKS O NOT APPROVED PHONE: 678.242.2500 FAX: 678.242.2499 � � ���Green -� *Certified* info@cityofmiltonga.us J www.cityofrniltonga.us a -nom [OMMU ty ityo' ` 13000 Deerfield Parkway, Suite 107 i Milton GA 30004 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted March 27, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-07, RZ15-08, and RZ15-09 – Text Amendments related to “Equine Garment Fabrication”. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The following three text amendments are related based on the need to amend how an equine garment fabrication use is permitted in the Zoning Ordinance. Currently, there is an existing Use Permit that requires the public hearing process to be approved. Staff has been asked to provide an alternative way to allow such a use by “right” within the AG-1 (Agricultural) district. RZ15-07 – Text Amendment to Chapter 64, Article VI, Division 2, and AG-1 District to amend the permitted uses to include Equine Garment Fabrication and associated development standards. Staff has included equine garment fabrication within the approved uses in the AG-1 district and included a maximum size (2,000 square feet) for the building utilized for fabrication. RZ15-08 – Text Amendment to Section 64-1811, To delete the “Equine Garment Fabrication” Use Permit. If the proposed amendment to include this use in the AG-1 district by right, there is no further need for this Use Permit and therefore, Staff has proposed to delete Section 64-1811. Currently, there are no properties with this use permit approved within the City of Milton. RZ15-09 – Text Amendment to Section 64-1, Definitions. To create a definition for “Equine Garment Fabrication” Currently, there is not a definition for “equine garment fabrication”. Therefore, Staff has included a new definition. 2 The Planning Commission at its March 25, 2015 meeting unanimously recommended that all of the three proposed text amendments related to Equine Garment Fabrication be denied. It was the opinion of the Planning Commission that Equine Garment Fabrication remains as a Use Permit and not be permitted by right under the AG-1 (Agricultural) district. They expressed their concern that the proposed amendments would allow noxious uses such as tanneries and retail shops that sold unrelated items on the premises. The Planning Commission also stated that text amendments should not be initiated just for one or two situations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – February 2015 Concurrent Review: None Attachment(s): Proposed text amendments and ordinances for RZ15-07, RZ15-08, and RZ15-09. RZ15-08 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (April 13, 2015 – First Presentation) 4/21/2015 Page 1 Sec. 64-1811. - Equine garment fabrication. (a) Required districts. AG-1. (b) Standards. (1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. (2) All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building. (Ord. No. 14-06-209, § 1, 6-16-2014) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-08 AN ORDINANCE TO DELETE SECTION 64-1811, “EQUINE GARMENT FABRICATION” USE PERMIT IN 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the deletion of Section 64-1811 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' -MIL ? ION -lip ESTABLISH[ 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ'l5-09 — Section 64- 1, Definitions. To Create a Definition for "Equine Garment Fabrication". MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: AAPPROVED (} NOT APPROVED CITYA TTORNEY APPROVAL REQUIRED: K) YES (} NO CITY ATTORNEY REVIEW REQUIRED: K YES {) NO APPROVAL BY CITY ATTORNEY 0 APPROVED PLACED ON AGENDA FOR: 642-11-5 REMARKS Yaum PHONE: 678.242.2500 J FAX: 678.242.2499 infoftityofmlltonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Silte 107 1 Milton GA 30004 (} NO T APPRO VED an 'Green v Community cay of To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted March 27, 2015, for the April 27, 2015 Regular Meeting, April 13, 2015 for First Presentation (Work Session, April 20, 2015). Re: Consideration of RZ15-07, RZ15-08, and RZ15-09 – Text Amendments related to “Equine Garment Fabrication”. Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: The following three text amendments are related based on the need to amend how an equine garment fabrication use is permitted in the Zoning Ordinance. Currently, there is an existing Use Permit that requires the public hearing process to be approved. Staff has been asked to provide an alternative way to allow such a use by “right” within the AG-1 (Agricultural) district. RZ15-07 – Text Amendment to Chapter 64, Article VI, Division 2, and AG-1 District to amend the permitted uses to include Equine Garment Fabrication and associated development standards. Staff has included equine garment fabrication within the approved uses in the AG-1 district and included a maximum size (2,000 square feet) for the building utilized for fabrication. RZ15-08 – Text Amendment to Section 64-1811, To delete the “Equine Garment Fabrication” Use Permit. If the proposed amendment to include this use in the AG-1 district by right, there is no further need for this Use Permit and therefore, Staff has proposed to delete Section 64-1811. Currently, there are no properties with this use permit approved within the City of Milton. RZ15-09 – Text Amendment to Section 64-1, Definitions. To create a definition for “Equine Garment Fabrication” Currently, there is not a definition for “equine garment fabrication”. Therefore, Staff has included a new definition. 2 The Planning Commission at its March 25, 2015 meeting unanimously recommended that all of the three proposed text amendments related to Equine Garment Fabrication be denied. It was the opinion of the Planning Commission that Equine Garment Fabrication remains as a Use Permit and not be permitted by right under the AG-1 (Agricultural) district. They expressed their concern that the proposed amendments would allow noxious uses such as tanneries and retail shops that sold unrelated items on the premises. The Planning Commission also stated that text amendments should not be initiated just for one or two situations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may choose to amend the proposed text amendments or not to approve it in its entirety. Legal Review: Paul Frickey, Jarrard and Davis – February 2015 Concurrent Review: None Attachment(s): Proposed text amendments and ordinances for RZ15-07, RZ15-08, and RZ15-09. RZ15-09 – Text Amendment prepared for the City of Milton Mayor and City Council Meeting on April 27, 2015 (First Presentation – April 13, 2015) 4/21/2015 Page 1 Sec. 64-1. Equine garment fabrication means the fabrication, wholesale distribution, and retail sale of blankets, saddles, halters, and other similar garments utilized by the equine family of animals. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-09 AN ORDINANCE TO SECTION 64-1, DEFINITIONS. TO CREATE A DEFINITION FOR “EQUINE GARMENT FABRICATION” IN 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 April 27, 2015 6:00 p.m. as follows: SECTION 1. That the deletion of Section 64-1 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of the Milton City Code. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED CITYATTORNEY APPROVAL REQUIRED. n) YES ()NO CITY ATTORNEY REVIEW REQUIRED: v YES () NO APPROVAL BY CITY ATTORNEY {APPROVED } NOT APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS ` yours PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cit'yofmiltongo.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 «iz Community WERM *Certified C_Iry of �� Erhics� To: Honorable Mayor and City Council Members From: Jim Cregge, Director of Parks and Recreation Date: Submitted on April 6, 2015 for the April 13, 2015 and April 27, 2015 Regular Council Meetings Agenda Item: Consideration of an Ordinance to Amend Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code ____________________________________________________________________________ Department Recommendation: Staff is recommending the Adoption of the Amendment to Appendix A, Parks and Recreation Fees and Other Charges, Chapter 34, Section 24 of The Milton City Code Executive Summary: The City of Milton Parks and Recreation Department Fee Schedule was last reviewed one year ago. Since that time, the Broadwell Pavilion has come online as a city asset that the community wishes to rent. This revised schedule now includes the fee to rent the Broadwell Pavilion by residents and non-residents. Non-residents will be charged an additional 50% as is the practice with all other Parks and Recreation fees. The proposed rental fee for the Broadwell Pavilion was reviewed by the Parks and Recreation Advisory Board at the February meeting. The PRAB approved the proposed rental agreement but stipulated that there must be the ability for a renter to grill food. Funding and Fiscal Impact: The fees proposed to rent the Broadwell Pavilion will cover the costs of operating the facility for that rental period. Alternatives: If this fee schedule is not adopted, our alternative is to relay the council’s input and return to the PRAB to revise the fee structure. Page 2 of 2 Legal Review: Paul Frickey – Jarrard & Davis, April 1, 2015 Concurrent Review: Chris Lagerbloom Attachment(s): 1) Ordinance – Appendix A Chapter 34 Section 24 2) Chapter 34 - Table of Fees and Charges 2015 MILTON PARKS AND RECREATION FEE SCHEDULE Field Rental Rates* ** Bell Memorial Park 1 Field/2 hours $50 With Lights $75 1 Field/Day $175 With Lights $225 For Special Event/Day $500 Security Deposit $100 Facility Rental Rates* ** Bethwell Community Center Minimum rental 3-hour block $120 and $40/hour thereafter Daily $300 Refundable Security Deposit $50 Friendship Community Park Minimum rental 2-hour block $20 and $10/hour thereafter Broadwell Pavilion Minimum rental 4 hour block $100 and $25/hour thereafter Refundable Security Deposit $500 Refundable Grill Usage Deposit $100 Camp Joyful Soles Registration Fee per week $175 Non-refundable, Non-transferable Deposit per week $50 *Corporate rates for Milton businesses increase by 20%. **All rates for non-residents of Milton and businesses outside of Milton increase by 50%. Administrative Fee Approved Refunds/Cancellations $15 Independent Contractor Commissions (Paid to City of Milton) At the discretion of the Parks and Recreation Director based on services provided and fees charged, not to be less than 10% and not to be greater than 30% Employee Discount Employees may receive a discounted rate for the program offered by the City of Milton, Camp Joyful Soles. Employees would be allowed to pay half of the resident rate at the end of resident registration and before non-resident registration begins. STATE OF GEORGIA COUTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND APPENDIX A, PARKS AND RECREATION FEES AND OTHER CHARGES, CHAPTER 34, SECTION 24 OF THE MILTON CITY CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on April 27, 2015 at 6:00 p.m. does hereby ratify and approve the following Ordinance: SECTION 1. Pursuant to that authorization in Chapter 34, Section 24 of the Milton Code, Appendix A of the Milton Code is hereby amended to include a table of fees and charges that may be assessed and collected for access and use of City-owned or controlled parks, recreational fields and cultural amenities, with the schedule of said fees and charges as set forth in Exhibit A to this Ordinance. 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 27th day of April, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) 34-24 (a) (1)Field rental rates at Bell Memorial Park - Resident Rate$25.00 per hour34-24 (a) (2)Field rental rates at Bell Memorial Park - Resident Rate$37.50 per hour34-24 (a) (3)Field rental rates at Bell Memorial Park - Resident Rate$75.00 34-24 (a) (4)Field rental rates at Bell Memorial Park - Resident Rate$100.00 34-24 (a) (5)Field rental rates at Bell Memorial Park - Resident Rate$175.00 34-24 (a) (6)Field rental rates at Bell Memorial Park - Resident Rate$225.00 34-24 (a) (7)Field rental rates at Bell Memorial Park - Resident Rate$500.00 34-24 (b) (1)Facility rental rates at Bethwell Community Center - Resident Rate$120.00 and $40.00 per hour thereafter34-24 (b) (2)Facility rental rates at Bethwell Community Center - Resident Rate$50.00 34-24 (b) (3)Facility rental rates at Bethwell Community Center - Resident Rate$300.00 34-24 (c) Facility rental rates at Friendship Community Park Pavilion Only - $20.00 and $10.00 per hour thereafter34-24 (d) (1)Facility rental rates at Broadwell Pavilion - Resident Rate$100.00 and $25.00 per hour thereafter34-24 (d) (2)Facility rental rates at Broadwell Pavilion - Resident Rate$500.00 34-24 (d) (3)Facility rental rates at Broadwell Pavilion - Resident Rate$100.00 34-24 (e) (1) Camp Joyful Soles$175.00 34-24 (e) (2) Camp Joyful Soles$50.00 34-24 (f) Administrative Fee$15.00 34-24 (g) Employee Discount50% off of the Resident Rate34-24 (h) Corporate Rate20% increase over Resident Rate34-24 (i) Non-Resident Rate50% increase over Resident Rate34-24 (j) Independent Contractor CommissionsNo less than 10% and no more than 30%Chapter 34 -- Parks, Recreation and Cultural AffairsAt the discretion of the Parks ands Recreation Director based upon services provided and fees chargedOne Field for two hours without lightsOne Field for two hours with lightsRentals offered in a minimum of three hoursRentals offered in a minimum of two hoursRegistration Fee per weekField preparation - dragging and liningRefundable Security DepositRefundable Cleaning DepositRental for a DayCity of Milton employees may receive a discount on City of Milton directly offered programs (Does not apply to programs offered through Independent Contractors)Milton based businessesOne Field for a Day without lightsOne Field for a Day with lightsFor a Special Event for a DayNon-refundable, Non-transferable Deposit per weekRentals offered in a minimum of four hoursApplies to all individuals and businesses not based in MiltonApproved Refunds/CancellationsRefundable Security DepositRefundable personal grill usage deposit HOME OF' TON*k 1 IL IL �..d ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 22, 2015 FROM: City Manager AGENDA ITEM: Consideration of A Resolution Appointing A Member to the City of Milton Parks and Recreation Advisory Board for District 1/Post 1. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES CITY ATTORNEY REVIEW REQUIRED: O YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 6 4-z- -i I j REMARKS O NOT APPROVED 0 NO 4NO () NOT APPROVED ..,G ire e n�Ntt�;�� aa;o� PHONE: 678.242.2500 FAX: b78.2422499 bm- 7 info@cityofmilfonga.us I www.cityofmiltonga.us WILDLIFECommunity "r `'t UPW E�hics ,yf RAI 9 4& 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING A MEMBER TO THE CITY OF MILTON PARKS AND RECREATION ADVISORY BOARD FOR DISTRICT 1/POST 1. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on April 27, 2015 at 6:00 p.m. as follows: SECTION 1. That Van Kottis (District 1/Post 1) is hereby appointed for a term commencing April 27, 2015 and ending on December 31, 2017; and SECTION 2. That this Resolution shall become effective upon its adoption. RESOLVED this 27th day of April, 2015. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) UN HOME OF' ESTAII1 ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 21, 2015 FROM: City Manager AGENDA ITEM: Consideration of Proposal to Resolve Aspects of Litigation in T -Mobile v. City of Milton. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: iK APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 9 YES () NO CITY ATTORNEY REVIEW REQUIRED: V YES () NO APPROVAL BY CITY ATTORNEY (APPROVED OT PPROVED PLACED ON AGENDA FOR. p42 -7 is REMARKS 7TJr! i 7t-tv#Lt- -�QCC' ! P6..t (2O u N S Ir L .3 cr prc.: rrN rtr� r� ©.)o Your G fe' e n PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltonga.us0 Community `0 13000 Deerfield Porkwoy, Suite 107 1 Milton GA 30004 '" 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION T-MOBILE SOUTH LLC, ) ) Plaintiff, ) ) CIVIL ACTION FILE v. ) ) NO. 1:10-CV-1638-RWS CITY OF MILTON, GEORGIA, ) ) Defendant. ) STIPULATION OF DISMISSAL OF CERTAIN CLAIMS AND AGREED CONSENT ORDER AS TO OTHER CLAIMS COME NOW the parties who submit this Stipulation of Dismissal of Certain Claims and Agreed Consent Order as to Other Claims disposing of various claims in this action and requesting the Court’s entry of same. In support thereof, the parties recite the following: 1. Plaintiff owns and operates a wireless telecommunications network providing personal wireless services and advanced wireless services in the State of Georgia, including, but not limited to, the City of Milton, Georgia. 2. Plaintiff filed this action against Defendant. All of the claims result from Defendant’s actions related to three separate special use permit applications for three wireless telecommunications facilities to be located in Milton, Georgia. As 2 described in Plaintiff’s Verified Complaint, the special use permit applications are denominated the “Mountain Road” Application, the “Cogburn” Application, and the “New Providence” Application. In each instance Plaintiff sought a special use permit to erect a telecommunications tower and antenna array at each location. 3. After proceeding through Defendant’s administrative processes, the Applications were presented to Defendant’s Mayor and Council for a final disposition at separately-conducted public hearings held on April 26, 2010. The Mayor and Council denied the requests presented in the “Mountain Road” Application and “Cogburn” Application. The Mayor and Council approved the “New Providence” Application with conditions, including that the tower be of a stealth design and no more than 100 feet in height. 4. Plaintiff filed this lawsuit on May 27, 2010. Plaintiff alleges in its Verified Complaint that Defendant’s April 26, 2010 disposition on each of the special use permit applications violates various provisions of the federal Telecommunications Act of 1996 (the “Act”). Specifically, Plaintiff claims that the dispositions (a) were not in writing and supported by substantial evidence in a written record (Count I); (b) amounted to an effective prohibition on providing personal wireless services (Count II); and (c) amounted to unreasonable discrimination among providers of functionally equivalent services (Count III). In Count IV Plaintiff alleges 3 that Defendant’s then-existing telecommunications ordinance constitutes an unlawful barrier to entry. In addition to these specifically denominated counts in the Verified Complaint, Plaintiff also requests an award of reasonable attorneys’ fees and costs. Defendant denied liability as to all claims and relief sought. 5. In light of the time and expense devoted to this matter and in light of the passage of time having impacted the need or desirability of one or more of the towers as sought in the Applications, the parties have discussed resolving what they acknowledge is a bona fide dispute as to the claims. In pursuit thereof Plaintiff and Defendant have agreed to stipulate to dismissal of various claims, and Plaintiff and Defendant have agreed to resolve all claims related to the “New Providence” Application by issuance of a special use permit allowing a tower at the location presented in the Application. The parties so agree without any party admitting any liability to any other party or deficiency in any claim or argument pursued or to be pursued. 6. Specifically, the parties agree as follows: a. To dismissal of Plaintiff’s request in the Verified Complaint for an award of attorneys’ fees and expenses; b. To dismissal of all claims involving the “Mountain Road” Application; 4 c. To dismissal of Count III in connection with the “Cogburn” Application; and d. To resolve all claims as to the “New Providence” Application as follows: Defendant shall issue a special use permit for a 110-foot “monopine” wireless telecommunications facility to be located where proposed in the Application. The height of 110 feet is inclusive of any antenna array to be attached. The parties acknowledge that upon issuance of this special use permit, Plaintiff must submit the required fees, site plans, construction plans, and wind load certification to Defendant for its review for issuance of a building permit, the issuance of which shall be accomplished no later than 120 days after submitting all of the materials required for processing such a request. Defendant shall be permitted to require revisions to Plaintiff’s construction plans to ensure compliance with Defendant’s building codes. 7. With the signatures of counsel below, the parties stipulate to the matters described in Paragraphs 6.a, 6.b, and 6.c above and request entry of an order reflecting this and the resolution of the claims pertaining to the “New Providence” Application. 5 WHEREFORE, in light of the foregoing stipulations and agreement, IT IS HEREBY ORDERED as follows: 1. For the “New Providence” Application only, upon entry of this Order and in satisfaction of all claims asserted or which could be asserted in connection with that Application, Defendant shall issue a special use permit allowing construction of a 110-foot “monopine” wireless telecommunications facility to be located where proposed in Application. The height of 110 feet is inclusive of any antenna array to be attached. Upon issuance of this permit, Plaintiff must submit the required fees, site plans, construction plans, and wind load certification to Defendant for its review for issuance of a building permit which shall be issued no later than 120 days after submitting all the materials required for processing the request. Defendant shall be permitted to require revisions to Plaintiff’s construction plans to ensure compliance with Defendant’s building codes. 2. Plaintiff’s request in the Verified Complaint for an award of attorneys’ fees and expenses is dismissed. 3. All claims in the Verified Complaint involving the “Mountain Road” Application are dismissed. 4. Count III of the Verified Complaint is dismissed as to the “Cogburn” Application. 6 SO ORDERED this _____ day of _______________, 2015. Richard W. Story, Judge United States District Court Northern District of Georgia 7 ORDER PREPARED AND PRESENTED BY: /s/ Scott E. Taylor Scott E. Taylor Georgia Bar No. 785596 J. Tucker Barr Georgia Bar No. 140868 ARNALL GOLDEN GREGORY LLP 171 17th Street, NW, Suite 2100 Atlanta, Georgia 30363 Tel: 404-873-8500 Fax: 404-873-8501 Counsel for Plaintiff CONSENTED TO: /s/ Kelly Michael Hundley Kelly Michael Hundley Georgia Bar No. 378205 KELLY MICHAEL HUNDLEY, LLC Two Ravinia Drive, Suite 500 Atlanta, Georgia 30346 Tel: (770) 680-4391 Fax: (770) 825-9055 Counsel for Defendant UP HOME OF "HE BEST C '':^•.I 'TY OF Ll�-E IN GF "=W MILTON FSTABLISHED )006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: April 16, 2015 FROM: City Manager AGENDA ITEM: Consideration of a General Release and Settlement of Claims between the City of Milton, Georgia ("Milton"), and Thomas and Judy Barts, Marsha Boston, Fiona Lodge, Lee Davis, and Shewjen Davis ("Property owners"), pursuant to the City's payment of $10,000 to the Property owners in order to remediate an alleged runoff/sedimentation issue at 235, 245, 255, and 265 Thompson Springs Drive, Milton, Georgia, and for Milton and all of its officers, agents, and employees to otherwise receive a complete and final release related to same. MEETING DATE: Monday, April 27, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WPPROVED CITY ATTORNEY APPROVAL REQUIRED:(] YES CITY ATTORNEY REVIEW REQUIRED. YES APPROVAL BY CITY ATTORNEY V, APPROVED PLACED ON AGENDA FOR: 047--715 REMARKS O NOT APPROVED O NO () NO ©10 YOUM PHONE: 678.242.25001 FAX: 678.242.2499 Green V *Cerritied ; R'ILDLIFf Community c•�, „t infoftityofmilfonga.us I www.cifyofmiltonga.us Y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �E n 'a` GENERAL RELEASE AND SETTLEMENT OF CLAIMS Personally appeared the undersigned before an officer authorized by law to administer oaths, and upon being duly sworn, THOMAS BARTS and JUDY BARTS (collectively the "Barts"); MARSHA BOSTON ("Boston"); FIONA LODGE ("Lodge"); and LEE DAVIS and SHEWJEN DAVIS (collectively "Davis"); the Barts, Boston, Loge and Davis are hereinafter collectively referred to as the "Property Owners"), do hereby swear, affirm, state, warrant and represent and covenant to the following: The Property Owners, being of lawful age, for the sole consideration of the promises herein contained, including but not limited to payment to the Barts (as agents of the Property Owners hereby appointed by the Property Owners) in the amount of $10,000.00 (the "Settlement Payment"), receipt and sufficiency of which is hereby acknowledged by the Property Owners, do hereby release, remise and forever discharge THE CITY OF MILTON, GEORGIA ("City"), and its present and former agents, servants, successors, employees, elected officials, appointed officials, heirs, executors, predecessors, officers, partners, personal representatives, assigns, administrators, insurers and attorneys, and all other person, firms and corporations ("City Releasees"), of and from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and by reason of any and all known and unknown, foreseen and unforeseen bodily and personal injuries, damage to property, everything that was alleged or could have been alleged, and the consequences thereof, and which gave rise to any claims related to or arising out of those matters described in the letter dated January 8, 2015 from the Barts to Carter Lucas ("Barts' Letter"; a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference), liability for which the City Releasees expressly deny. Payment made by the City under this Release shall not be construed to and shall not limit or waive the sovereign, official or qualified immunity of the City Releasees. This Release is intended to and does completely bar and foreclose any and all claims that may now have or ever have been asserted against the City Releasees regarding the issues identified in the Barts' Letter. By way of clarification, and without narrowing the scope of the foregoing release, the parties further acknowledge that the releases contained herein extend solely to the October 14, 2014 event identified in the Barts' Letter and the consequences thereof, and said releases do not extend to future claims arising from any future activities of the City or the City Releasees which may cause damage to the subject pond or the property of the Property Owners. Moreover, while it is understood that the release set forth above is not for the purpose of releasing claims or causes of action for events, contingencies or conditions that may occur subsequent to the execution of this Agreement, the Property Owners do stipulate and affirm that as of the date of execution of this Agreement they have no undisclosed claims or causes of action pending against the City Releasees and that it is the express intention of the Property Owners that upon execution of this Agreement and receipt of the consideration anticipated hereunder, that all possible claims or causes of action that have accrued up to and through the date of the Agreement against the City Releasees, be they known or unknown, are fully compromised and resolved. As used in this Release, the term "Work" shall mean and include the activities, relating to that certain property at 235, 245, 255 and 265 Thompson Springs Drive, Milton, Georgia (the "Property") described in Exhibit "B," attached hereto and incorporated herein by reference, that shall be performed by a contractor retained by the Barts and with the Settlement Payment being applied toward the Work, with the allocation of any remaining portion of the Settlement Payment to be determined by the Property Owners by separate private agreement among themselves. The City shall have no responsibility for the Work, and the City shall have no liability to the Property Owners or obligation of indemnity to the Property Owners in the event that the Work fails to remedy the issues described in the Barts' Letter, it being the understanding of the City and the Property Owners that the City's payment of the Settlement Payment completely and finally absolves the City of any and all responsibility regarding the October 14, 2014 event and its consequences described in the Barts' Letter. The City makes no statement, warranty, or other representation as to the adequacy of the Work to remedy the issues described in the Barts' Letter, it being the understanding of the parties hereto that the Property Owners have made their own independent determination, in their sole discretion. as to the adequacy of the Work to remedy said issues, and it also being the understanding of the parties hereto that the Settlement Payment amount will likely exceed the actually cost of the Work and that these excess funds are being provided by the City as additional consideration for a release of all prior, current and future claims regarding the October 14, 2014 event and its consequences described in the Barts' Letter. All parties understand and expressly agree that the Settlement Payment is made solely for the purposes of settling disputed claims, and that: (i) the City does not concede or acknowledge, and the City expressly denies, that it has any duty outside of this settlement to make the Settlement Payment, (ii) the Settlement Payment shall not be admissible in evidence or used in the future in any way by the Property Owners or their attorney to establish that the City has any duty outside of this settlement regarding the issues described in the Barts' Letter, and (iii) the City expressly reserves and does not waive any and all enforcement and other authority granted to it under applicable laws, regulations, and permits with regard to the Property, it being the intent of this Release that the Property Owners shall ensure that the Work is performed in a good and workmanlike manner, and that after payment of the Settlement Payment the City shall have no further responsibility or liability regarding the issues described in the Barts' Letter and in no event shall any party to this Agreement or their counsel assert or contend in any proceedings that the Settlement Payment under this Agreement imparts such a legal duty. In order to settle this matter, the Property Owners do hereby release, remise and forever discharge the City Releasees of and from any and all costs, liabilities, claims, demands, rights, and causes of action of whatsoever kind and nature, arising from or related to the issues described in the Bart's Letter previously, now, or in the future. Said releases do not extend to, and expressly exclude, any claims that may arise as the result of future activities of the City or the City Releasees other than those described in the Barts' Letter. By way of further clarification, and as set forth previously, the Property Owners further acknowledge that, as of the date of execution of this Agreement by the last party to do so, there exist no undisclosed or accrued claims or causes of action against the City Releasees related to any subject matter, It is understood and agreed that this Release is made in compromise of doubtful and disputed claims by the Property Owners and that performance hereunder is not to be construed as an admission of the validity of such claims nor as an admission of liability on the part of the City, who individually and collectively deny all liability and intend merely to avoid litigation and to buy their peace. 2 The Parties to this Release agree that neither they nor their attorneys nor representatives shall reveal to anyone, other than as may be mutually agreed to in writing, or required by law, any of the terms of this Release (including the payment of the Settlement Payment), or any terms and conditions of this Release. The Property Owners have full authority to execute a binding release of the above - referenced claims, and have not assigned these claims to anyone else. There is no guardian, trustee, executor, administrator, or other person or entity with power to approve or disapprove settlement of the above -referenced claims. The Property Owners do not have any bankruptcy petition currently pending. The Property Owners understand that a false statement under oath pertaining to bankruptcy may result in denial of discharge from debts in bankruptcy, and federal criminal penalties of up to five years in prison, a $5,000.00 fine, or both. The Property Owners declare and represent that they are sui juris, that they have consulted with counsel or have had sufficient opportunity to do so, and that they have been advised of their rights and that the terms of this Release have been completely read and are fully understood and are voluntarily accepted for the purpose of making a full and final compromise, adjustment and settlement of any and all claims, disputed or otherwise. on account of the claims above-mentioned, and for the express purpose of precluding forever any further or additional claims arising out of the October 14, 2014 event and its consequences identified in the Barts' Letter and otherwise confirming that there are no accrued or pending, yet undisclosed claims against the City Releasees up to and including the date of execution of this Agreement by the last party to so execute. The Property Owners further declare and represent that no promise, inducement or agreement not herein expressed has been made to them, and that this Release contains the entire agreement between the parties hereto, and that the terms of this Release are contractual and are not mere recitals. [signatures on the following pages) 3 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 45?µ day of KA v-,-- !-�- , 2015. Subscribed and sworn to before me thisL'*day of , 2015. NOARY PUBLIC My Commission Expires: OMAS �BARTS JU B�RrS [signatures continue on next page] 4 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2015. �. MARSqA BOSTON Subscribed and sworn to before me this/* day of iU ( , 2015. -S Al�,7 NO Y PUBL PNSEy'• My Commission Expires: _ '% 0,5 b'T ,NA�• %• P" 9 GEORr APRIL GIA = - :�: �,2ois; 9 •'�.�AZEii0 "t�.�• [signatures continue on next page] 5 IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of ri ci,' , 2015. Subscribed and sworn to before me this day of , 2015. NOTARY PUBLIC My Commission Expires: <'6c "C 11m" T - FIONA LOGE [signatures continue on next page] n California Jurat Certificate A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of c'L,WWI�J Subscribed and sworn to (or affirmed) before me on this Z day of �ti�ArZU1r� 20 Vs , by ^ t\'\nv� and 1� proved to me on the basis of satisfactdry evidence to be the 1 _rkr'-L, ,r on(s),.who appeared before me. J WALTER CR00£ _ Commission # 2084757 Notary Public - California z z .:+ z '' Santa Clara County hly Comm. Expires Oct 31, 2018 OPTIONAL INFORMA DON _E: k�tfr 75 ijvi 1tiquit-eC t.} . .... ,. _ - i "titnent and mal paive use!11 CL')' r.l; -.., i, r',R[{ [j0,carYi6ri� Description of Attached Document The certificate is attached to a document titled/for the purpose of Method of Affiant Identification Proved to me on the basis of satisfactory evidence: Q form(s) of identification Q credible witness(es) Notarial event is detailed in notary journal on: containing + pages, and dated V�kl-14741-�v Page # Entry # Notary contact: Other [ Affiant(S)Thumbprint(s) Thumbprints) [] Describe:_ IN WITNESS WHEREOF, we have hereunto set our hands and seals this OL day of fl , 2015. ,Subscribed and sworn to before me thi day of , 2015. OTARY PUBLI My Commission Expires: MARIgEL. ABARCA Molr4Ry puBLiC Gwinnett Co"r<ty State of Georgia X015 IM's P'nrnM. Exeires Ma 2 aA..� -i a(��) . LEE DAVIS SHEWJE AVIS [signatures continue on next page] 7 IN WITNESS WHEREOF, we have hereunto set our hands and seals this � day of 2015. ir Attest: City Clerk City of Milton, Georgia Joe Lockwood, y r January 8, 2015 Mr. Carter Lucas City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, Georgia 30004 Dear Carter: Thomas & Judy Barts 255 Thompson Springs Drive Milton, Georgia 30004-6945 Home Phone: (770)475-8361 eMail: ludo.baits o)gmail,com Re: Pond at 245, 255, and 265 Thompson Springs Drive, Milton, Georgia This letter represents the interests of the owners of the pond referenced above. As you and your team know, our pond was severely impacted from runoff from the Park construction site upstream on or around October 14th, 2014. While we have had many water tests performed by the City of Milton, and as we understand it, some preventive work at the construction site, to date there has been no action taken to remedy the situation of our Pond. The homeowners contacted the City of Milton as soon as a couple of days after the colloidal clay situation occurred. After that Mr. and Mrs. Barts have been in contact with the City many times to review the findings and requesting resolution. The appearance of the lake and the quality of the owners' enjoyment of their property has been severely damaged for almost 3 months at this point. According to our research, the restoration will take approximately 6-8 weeks to "begin" seeing improvement and most likely another 6-8 weeks to see a level of appearance and technical quality approaching the lake's previous condition. If additional runoff occurs, then the resolution may take longer and will require continued treatment. While talking with and meeting with The City of Milton many times since October, the Barts also met with a Biologist, researched independently, and talked to the manufacturer of polymer products. During this time, the water was tested for multiple quality indicators, and ultimately tested for the appropriate polymer to resolve the lake colloid clay suspension. In addition, the Barts have provided information to the City of Milton on products that they can use in the stream and overflow and other products that can be used at the construction site for broadcast spread to prevent further runoff. A detailed report from our Biologist is attached which includes water analyses tests, impact to the pond, fish, other wildlife and plant life. There are three alternative solutions detailed. Our Biologist has worked on the lake for the past 15 years and is familiar with the visual appearance and technical health of the pond. From facts in the report, the homeowners and experts all feel that Alternative 3 is the only feasible solution. The homeowners have been proactive, invested many hours in finding and vetting solutions and are now presenting the final information to Milton for action. The owners of this pond all agree that work be contracted with Aquatic Environmental Services by the City and installation to begin no later than January 31, 2015. This is critical to the pond's appearance and the wildlife's health. After installation it will require 6-8 weeks to "start" showing improvement. This also marks the end of March which begins the fish spawning and growth periods. Without improvement to the pond within this period, further damage beyond the disgusting muddy appearance will occur. Mr. Carter Lucas City of Milton Page 2 The City has stated that they wish to delay any restoration work for approximately 3-4 months to allow the part of the park that is impacting us to reach a point of stability. The homeowners have already indicated to the City that this is unacceptable. The homeowners have been cooperative and patient in our attempts to work with the City of Milton. However, the timeline needs to be recognized as critical. Urgency and action need to be added to the plan for restoring the pond. Initial Occurrence: Discussions with City: Concurrent with independent experts and research by the homeowners Essential Milestone for Agreement on Solution: Lead time for installation: Initial time for first results: Expected return to original condition notwithstanding any additional colloidal clay runoff October 14, 2014 12 weeks (-October 16117, 2014 - current) January 9, 2015 -3 weeks (by January 31, 2015) --6-8 weeks (mid to end -March) --6-8 weeks (mid to end -May) Estimated Timeline 27-31 weeks This timeline does not include the time for completion of the park, landscaping, and all improvement and maintenance. Additional runoff will require replacement of the Pond Logs (and any preventive solutions the Park requires). The owners of the pond at 245, 255, and 265 Thompson Springs Drive appreciate your assistance with this very unfortunate situation. We support the park and growth of Milton. However, we and every homeowner want Milton's growth to respect our homes and property so we can grow and prosper with Milton. Sincerely, Tom & Judy Barts cc: Fiona Lodge Lee Davis January 8, 2015 Mr. Carter Lucas City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, Georgia 30004 Dear Carter: EXHIBIT` Thomas & Judy Barts 255 Thompson Springs Drive Milton, Georgia 30004-6945 Home Phone: (770)475-8361 eMail: iudy.barts(a�gmail.com Re: Pond at 245. 255, and 265 Thompson Springs Drive, Milton Georgia This letter represents the interests of the owners of the pond referenced above. As you and your team know, our pond was severely impacted from runoff from the Park construction site upstream on or around October 14th, 2014. While we have had many water tests performed by the City of Milton, and as we understand it, some preventive work at the construction site, to date there has been no action taken to remedy the situation of our Pond. The homeowners contacted the City of Milton as soon as a couple of days after the colloidal clay situation occurred. After that Mr. and Mrs. Barts have been in contact with the City many times to review the findings and requesting resolution. The appearance of the lake and the quality of the owners' enjoyment of their property has been severely damaged for almost 3 months at this point. According to our research, the restoration will take approximately 6-8 weeks to "begin" seeing improvement and most likely another 6-8 weeks to see a level of appearance and technical quality approaching the lake's previous condition. If additional runoff occurs, then the resolution may take longer and will require continued treatment. While talking with and meeting with The City of Milton many times since October, the Barts also met with a Biologist, researched independently, and talked to the manufacturer of polymer products. During this time, the water was tested for multiple quality indicators, and ultimately tested for the appropriate polymer to resolve the lake colloid clay suspension. In addition, the Barts have provided information to the City of Milton on products that they can use in the stream and overflow and other products that can be used at the construction site for broadcast spread to prevent further runoff. A detailed report from our Biologist is attached which includes water analyses tests, impact to the pond, fish, other wildlife and plant life. There are three alternative solutions detailed. Our Biologist has worked on the lake for the past 15 years and is familiar with the visual appearance and technical health of the pond. From facts in the report, the homeowners and experts all feel that Alternative 3 is the only feasible solution. The homeowners have been proactive, invested many hours in finding and vetting solutions and are now presenting the final information to Milton for action. The owners of this pond all agree that work be contracted with Aquatic Environmental Services by the City and installation to begin no later than January 31, 2015. This is critical to the pond's appearance and the wildlife's health. After installation it will require 6-8 weeks to "start" showing improvement. This also marks the end of March which begins the fish spawning and growth periods. Without improvement to the pond within this period, further damage beyond the disgusting muddy appearance will occur. Mr. Carter Lucas City of Milton Page 2 The City has stated that they wish to delay any restoration work for approximately 3-4 months to allow the part of the park that is impacting us to reach a point of stability. The homeowners have already indicated to the City that this is unacceptable. The homeowners have been cooperative and patient in our attempts to work with the City of Milton. However, the timeline needs to be recognized as critical. Ur enc and action need to be added to the plan for restoring the pond. Initial Occurrence: Discussions with City: Concurrent with independent experts and research by the homeowners Essential Milestone for Agreement on Solution: Lead time for installation: Initial time for first results: Expected return to original condition notwithstanding any additional colloidal clay runoff October 14, 2014 12 weeks (October 16117, 2014 — current) January 9, 2015 —3 weeks (by January 31, 2015) —6-8 weeks (mid to end -March) —6-8 weeks (mid to end -May) Estimated Timeline 27-31 weeks This timeline does not include the time for completion of the park, landscaping, and all improvement and maintenance. Additional runoff will require replacement of the Pond Logs (and any preventive solutions the Park requires). The owners of the pond at 245, 255, and 265 Thompson Springs Drive appreciate your assistance with this very unfortunate situation. We support the park and growth of Milton. However, we and every homeowner want Milton's growth to respect our homes and property so we can grow and prosper with Milton. Sincerely, Tom & Judy Barts cc: Fiona Lodge Lee Davis AgUL c rEnv ronmentalServices, - c. December 20, 2014 Tom & Judy Barts 255 Thompson Springs Dr Milton, GA 30004 (770) 475-8361 bartsweb@bellsouth.net Turbidity Control - 255 Thompson Springs Drive, Milton, Georgia The homeowners abutting the pond at 245, 255, and 265 Thompson Springs Drive contacted me concerning the turbidity of their pond. It is my understanding that the turbidity occurred on or around October 14th, 2014 and is due to runoff from a construction site upstream from the pond. This construction site is for the Bell Memorial Park expansion which has overflow pipes feeding the stream that feeds the homeowners' pond. There is a second pond in the neighborhood which is one house over from 255 and the second pond is clear and in expected condition. The homeowners informed me the second pond had cleared within a few days of the October rain. On December 2, 2014, 1 conducted a site visit to collect data for the pond shared by Tom/Judy Barts, Fiona Lodge, and Lee Davis. I have performed work on this pond for the past 15 years and I have never seen the pond even slightly turbid. We collected water quality information, as well as general information on sedimentation. The sample was submitted to Environmental Management Services. We performed the remainder of the water quality tests. It is my understanding that the homeowners notified the City of Milton around the 1st week of November. The City analyzed turbidity at that time as 252 and estimated that the original turbidity at the time of the rain was in the range of 300-400. They have performed subsequent tests with the turbidity dropping to 172 when the homeowners spoke with them during Thanksgiving week. This report includes the results of my water quality tests, explanations of the results and effects, and a cost analysis for three preferred methods to clear the pond. These tests were performed on December 2nd which is approximately seven (7) weeks after the initial turbidity occurred. Water Quality Results: Parameters Results Desired Range j:lNaterlemperature Dissolved Oxygen (mg/L; % Saturation) 7.8; 71 5-10; 60-120% Visibilitv (inches) 3.5 18-24 Turbidity (NTU) 110 <10 Aquatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aqui. En-vironmentalServices, A .c. The Turbidity results may vary slightly between instrumentation used by the City of Milton and this reading. Normal water quality and normal pH were found in this pond at the date of this testing. Most of the waters in Georgia are indicative of our poor soil which typically means low alkalinity, pH and hardness. Alkalinity was low, which is an indicator that the water has a limited ability to buffer sudden pH changes. Alkalinity is the buffering capacity of the water and helps buffer sudden pH changes in the water. The main reason we are concerned about the alkalinity is because higher alkalinity levels allow us to fertilize the lake, it makes the fertilizer more effective by making the phosphorus in the fertilizer readily available for phytoplankton growth. If you were to try and fertilize a lake with low alkalinity, the phosphorus would just bind up with metals in the soil at the bottom of the lake. The visibility was 3.5" and the turbidity was 110 NTU which indicates very dense suspended sediments throughout the water column. With the naked eye, an average person can begin to see turbidity levels starting around 5 NTU and greater. Lakes that are considered .relatively clear in the United States can have a turbidity up to 25 NTU. If water appears muddy, its turbidity has reached at least 100 NTU. The sample was set aside to see if the sediments would settle out of suspension on their own. The sediments did not settle out of suspension on their own which indicates that the high turbidity is caused by chemical means rather than mechanical means (i.e. livestock, bottom feeding fish, etc.). Suspended particles throughout the water column that result in an increase in the turbidity level can negatively affect a fishery. High turbidity will result in a decrease in the feeding efficiency of predatory fish that are sight feeders due to the limited visibility as a result of the turbidity. Suspended sediments can also limit the success of fish reproduction because the suspended sediments can smother the eggs preventing the eggs from receiving the oxygen that they need to mature. More importantly, high turbidity will result in limited phytoplankton production. Phytoplankton is a microscopic algae and is the base of the food chain in a lake and is what gives lakes a green color to the water. By having a strong phytoplankton bloom, you will then have a healthy zooplankton population (microscopic organisms that feed on phytoplankton) and aquatic insect population. All fish species (fresh and salt water) feed on zooplankton and aquatic insects shortly after they hatch. So by having a strong phytoplankton bloom you will have a strong food chain from the bottom to the top. A lake that is not fertilized can naturally support up to 100 pounds of fish per acre. A lake that is properly fertilized can support up to 300-400 pounds of fish per acre. A lake that is properly fertilized can produce more pounds offish because more newly hatched fish are able to survive (i.e. high recruitment) because they have a strong forage base. In order for phytoplankton to grow, it needs proper sunlight. When a lake has a large volume of suspended sediments (i.e. high turbidity); these suspended sediments will block or limit the amount of sunlight penetration through the water column which prevents any phytoplankton production. The chemistry of colloidal clay suspensions is not completely understood, primarily because fairly complex physical and chemical processes are involved. Clay particles are extremely small; some are even smaller than bacteria. The small size of these particles means that they have extremely high surface area relative to the volume of the particle. A clay particle can be envisioned as a flat plate covered with a negative electrical charge that attracts the positive ions in water. Positive ions that are immediately adjacent to the clay particle are said to be fiquatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Apt, c Envir®nmentalSen ices, - _ -c. "absorbed," while others that are farther away are less strongly attracted. In water, negatively charged clay particles are surrounded by clouds of positively charged ions. When these particles, surrounded by their ion clouds, come close to each other they are repulsed, much the same way similar poles of two magnets will repel each other. The cumulative effect of the repulsion of a huge number of small particles prevents their aggregation into larger, heavier particles that would settle more readily. Taken together then, the extremely small size of clay particle and their surface electrical charge explain how particles remain in suspension. Flocculation is a way controlling clay turbidity by adding substances to water that facilitate the formation of bridges between particles, allowing them to combine into groups of small particles called "flocs". Hydrolyzed metal compounds make excellent flocculants. The hydrolyzed metal compounds destabilize colloids by shrinking the layer of positively charged ions surrounding clay particles, which increases the attraction of one particle to another (coagulation). Hydrolyzed metals can also be absorbed onto the surfaces of clay particles and create bridges to other particles (flocculation). As these particles begin to settle, they ensnare other particles, become progressively heavier, and settle much more readily from suspension. In general, the effectiveness of coagulants increases with the charge of the metal ion. The aluminum (AI3+) in alum is a very effective coagulant because it carries a +3 charge. This +3 charge in alum is more effective than the calcium (Ca 2,) in gypsum (CaSO4) because the calcium in the gypsum only has a +2 charge. Alum, or aluminum sulfate, has been used to clarify muddy waters since the time of the Egyptians (2000 B.C.) and one of the most effective coagulants. Though alum is one of the most effective coagulants, in low -alkalinity waters is can reduce the pH levels to where it can be harmful to fish. Basically, alum can make the water more acidic. In order to prevent a fish kill during an alum application, hydrated lime can be applied along with the alum to maintain proper pH levels during the application. Another method for controlling suspended sediments is the use of Pond Logs. Applied Polymer System Pond Logs are a group of soil -specific tailored log -blocks that contain blends of water treatment components and polyacrylamide co -polymer for water clarification. They reduce and prevent fine particles and colloidal clays from suspension. There are several types of Pond Logs designed to treat most water and soil types. A water sample was tested outside of the others mentioned in this report in order to develop the correct Pond Log(s) for your application. Due to the unusual composite of particles found, Applied Polymer Systems recommended two types of polymer Pong Lags to address the issue. These are 808 and 805. Pond Logs are most efficient when used in conjunction with an aeration system because they require water movement to be effective. The Pond Logs are attached to the diffuser stations and as the column of bubbles rises up through the water column from the diffuser station, the Pond Log is slowly dissolved and dispersed throughout the water column. Sedimentation of the lake appears to be mostly in the upper stretches of the lake as you would expect. The sediment ranged from near zero in the upper and middle section of the lake to three feet in the creek channel. The mouth of the lake has an average of 1.9 feet of sediment accumulation. I know at this time you do not seek removal rather you just want the lake back to an environmentally productive and aesthetically pleasing body of water. 6quatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com ,4gUL c Environrnenta[ Services, .,:. To protect the lake from future colloidal suspension The City of Milton should have Floc Logs° placed in the stream upstream and/or near overflow pipes from the Park feeding into the stream. Installation should ensure water flow is through the bags. Periodically these will need to be changed to make sure proper amounts of polymer are present. The Floc Logs° recommended by APS were 706b and 703d. Pond and/or Floc Logs' last approximately 2-4 months and this should be part of the long-term maintenance of the Park to prevent further damage to the lake. In addition, if the construction/landscaping, or ongoing maintenance of the Park should cause further overflow and erosion, then broadcast type products such as Silt Stop° or other emulsion products should be applied as preventive applications by the City. A soil sample will need to be submitted to determine the exact product, amounts, and replacement regularity to determine what is needed for prevention at the park. The following table contains the cost and application rates for the three methods that can be implemented in order to reduce the turbidity and improve water clarity. In addition, the cost for the consultation, report preparation, and tests are listed on the next page: Description Quantity / Cost Application Rate Site Review, Testing, $540.00 Consultation, Report, and (This is a separate cost from any Recommendations of the solutions.) Alum = $1,000.00 Alternative • #1• Alum —1,020 lbs. Hydrated Lime = $450.00 Alum and Hydrated Lime Hydrated Lime —510 lbs. Tax = $87.00 (please note dangers to fish and vegetation) Application = $1,500.00 TOTAL = $3,037.00 Gypsum = $6,875.00 Alternative #2: Tax = $412.50 Gypsum 6,800 lbs. Application = $1,800.00 (Please note effectiveness section of Gypsum) TOTAL = $9,087.50 Aquatic Environmental Services, Inc- 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aqui. c Environinenta[ Services, .c. Description Quantity / Cost Application Rate Pond Logs 12 Logs per installation every 2-4 months. Recommended (3 logs ofeach type at each diffuser location: Three 808 logs X 2 diffuser stations = 6 logs • Alternative #3• Three 805 logs X 2 diffuser stations = 6 logs Total 12 logs per application Pond Logs = $1,800.00 Pond Logs in Conjunction (Reinstall of 12 Pond Logs as needed every 2-4 months. with Aeration System (Required replacement of Logs throughout Park construction,landscaping, and improvements. If (Installation and tax are not included on Log cost.) Pond Lo s 808 & 805 g runoffcontinues to cause colloid clay suspensions in the pond, then continued replacement and install of Pond Logs will be required.)* Aerator PondLyfe 2 System w/Cabinet, SafeStart $1,250.00 Compressor, Cooling Fan, Two XL1 Single Disk Airstations, Mounting Pads Bottomline Self Sinking Air $515.00 Supply Tubing 100, Estimated 400 Feet Large Replacement Filter $20.00 Tax $215.10 Install $400.00 Shipping $135.00 Total Alt #3 TOTAL ALT 3: $4,335.10* Please note that these alternatives and costs are for the pond only. The proposed costs for Alternative #3 does not include costs for Floc Logs' or Floc Logs° installation into the stream or near overflow pipes which are part of the Park property. Nor, does it include costs for a broadcast system at the construction site to prevent further erosion, etc. causing turbidity at the pond. Finally, this proposal is to remedy the clay colloidal situation that occurred on or about October 14, 2014 and does include any future events that have impact to the lake. Please contact us with any questions you may have. We look forward to serving youth Aquatic Environmental Services, Inc. t9quatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquc. c EnvironmentalSerrices, .,c. PondLyfe 2 System PondLyfe aerators benefit small pond owners who want the best available technology to restore their ponds to a cleaner, clearer and healthier condition naturally by raising oxygen levels, reducing muck, excess nutrients and suspended solids in the water column causing murky water. ➢ Decreased algae growth ➢ Elimination of foul odors ➢ Clearer water ➢ Reduced muck ➢ Healthy fish population ➢ Diminished midge fly swarms ➢ Higher oxygen at all depths ➢ Balanced ecosystems ➢ Powder Coated Aluminum Cabinet ➢ GFCI Safety Circuit ➢ ETL Safety Certification ➢ Independently Tested AirStations ➢ Self-cleaning membrane diffusers ➢ Single 5 Micron Filtration ➢ Restarts Under Pressure ➢ Super Quiet Operation Aquatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aqu, c En-rironmentafServices, _,c. Map Diagram - Aeration System Placement The location of the PondLyfe system could be on either shore where electricity is provided_ Aquatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com -Apt Environmenta(Services, _ TERMS AND CONDITIONS 1. Standards of Performance and Warranties: Company shall use the best means reasonably available to complete outlined scope of work. All products shall be used by Company in accordance with manufacturer instructions and specifications and in accordance with federal, state and local laws and regulations. 2. Contractor's Insurance: Company shall maintain insurance set forth below to protect it from claims which may arise out of or result from its operations under this Contract, specifically: (a) Workers' compensation insurance in amounts as required by law; and (b) Comprehensive General Liability Insurance: Bodily Injury and Property Damage Liability - $1,000,000. Copy of certificates of insurance shall be furnished upon request. 3. Independent Contractor: All services performed by Company, or any agents, employees or subcontractors of Company, shall be performed as an independent contractor. In no way shall Company, or any agents, employees or subcontractors of Company, be considered an employee of Owner. Company will have control or charge of and will be responsible for construction means, methods, techniques, sequences or procedures, and for safety precautions in connection with the services. 4. Compliance with Local Law: Company shall secure and pay for any permits and government fees, licenses, and inspections necessary for the proper performance of the Services contemplated herein. Company also shall give all notices and comply with all public laws, ordinances, codes and regulations bearing on the Services being provided. 5. Payment: Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Company may invoice Customer separately for partial shipments, and Seller may invoice Customerfor all of the Services described in a Statement of Work or any portion thereof. If legal action is brought to enforce the terms of this Contract, then the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, court costs, collection fees, and interest on any sums due (at the rate of 15% per month on any unpaid balances or sums), in addition to any amounts which may be due under the Contract. S. Termination: If Owner fails to make any of the payments required hereunder or fails to comply with any of the terms of this Contract, Owner shall be in default and Company, in its sole discretion, and without further liability on the part of the Company, upon 30 days written notice sent by certified mail, shall have the right to declare this Agreement "terminated" and immediately cease to provide any and all services to Owner. Owner shall be responsible for all fees incurred up to the date of termination. Lake owner/representative may terminate this contract for any reason upon 30 days written notice sent by certified mail. 6. General Provisions: This Contract represents the entire and integrated Contract among the parties and supersedes all prior negotiations, representations, or Contracts, either written or oral. This Contract may only be amended or supplemented by written Contract signed by both parties. Written notice shall be deemed to have been duly served if delivered in person to the individual or to an officer of the corporation for whom it was intended, or delivered at or sent by registered or certified mail to the last business address known to the entity who gives the notice. This Contract is binding on each party and its successors and assigns, but neither party hereto shall assign this Contract without the written consent of the other party. No action orfailure to act by any party shall constitute a waiver of any right or duty afforded any of them hereunder, nor shall it constitute an approval of or acquiescence in any breach hereunder, except as may be specifically agreed in writing. If legal action is brought to enforce the terms of this Contract, then the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, court costs, collection fees, and interest on any sums due (at the rate of 15% per month on any unpaid balances or sums), in addition to any amounts which may be due under the Contract. Time is of the essence in this Contract. This Contract shall be governed in accordance with the laws of the State of Georgia. Sincerely, . Greg. Grbnes, . President Aquatic Environmental Services, Inc. ACCEPTED ON BEHALF OF: Individual, Property or Organization Name Signature: Title: Date: Email Address: Aquatic Environmental Services, Inc - 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com EXHIBIT i Updated January 30, 2015 Mr. Carter Lucas City of Milton 13000 Deerfield Parkway, Suite 107-F Milton, Georgia 30004 Dear Carter: Thomas & Judy Barts 255 Thompson Springs Drive Milton, Georgia 30004-6945 Home Phone: (770)475-8361 eMail: iudy.barts(cD_gmail.com Re: Pond at 245, 255, and 265 Thompson Springs Drive, Milton, Georgia In our discussion on January 16, The City of Milton (The City) and Astra Group (Astra) responded to our research by stating they would take the following to the City Council: - cover the cost for consultation by a pond environmental biologist and water tests, - cover the cost of Aerator with two single disc Airstations and installation - cover the cost of 12 Pond Logs (6 for each diffuser) and one replacement of logs.* *We discussed the timeline for life of logs and opening of the Park and whether a third set of logs would be required. We also had additional discussions with Aquatic Environmental and with Applied Polymer Systems and additional pond water samples analyzed. It is important that the water be sampled close to the time of installation of the pond logs to ensure the correct polymers. The updated recommendation still includes the Aeration System and duplex Pond Logs (808 and 805). However, due to the longevity of the damage to the pond without clearance and due to the findings in retesting of the samples, a recommendation to add particle curtains to the pond was made. Particle curtains will capture the flocculated particulates, therefore clearing the water more effectively to reach the desired turbidity. The recommendation is to install a particle curtain(s) (PC) in the creek 100 feet upstream from the mouth of the pond and a second large length PC is installed at the mouth of the pond near the tributary entrance. Both of these are secured by ropes tied to shore and anchored down. In the lake surrounding each of the "bubble columns" from the aeration (where pond logs are secured so passing water can capture polymer) we will enclose a PC box. This will be 10x10 square of 4" PVC that has PC four feet in depth. This will allow passing water underneath to entrain in the bubble columns then when flowing outward should hit the PC. This entire box is secured in place with "T" posts sunk into the pond bottom. Once the curtain is full of sediment it would be replaced. Mr. Carter Lucas City of Milton Page 2 The homeowners' concern is our pond and the pond clearance is dependent upon the water coming into it. If the "feed" to the pond is compromised then the pond will continue to be damaged and will require additional restoration. Therefore, our requirement is for The City of Milton (The City) to repair the pond, but hope The City's plan includes addressing the cause and preventing further damage. The homeowners have been requesting action from The City since mid-October, but we learned on January 16th that the City had "just asked" their own engineers for recommendations. The homeowners spent the time since October researching the issue and possible solutions and not just complaining about the problem. However, the homeowners are not subscribing or prescribing how The City and Astra Group (Astra) resolve and prevent further damage to the Pond. We want to reiterate that our concern is for restoration of the pond appearance and health to wildlife and plant life associated with it and prevention of a reoccurrence. Time is of the essence due to the upcoming season of breeding and growth for the fish and the effect of the plant life coming into the Spring. After further consideration and the new information on pond restoration and longer-term cure, we believe a fairer success measurement is turbidity rather than specify a number of treatments to the pond. The goal should be a level of 35 or below for turbidity to be maintained for a minimum of 120 days post Park re -opening, including full operation, and final landscaping for the Park and Walking trail. Initial testing suggests the turbidity goal "might" be accomplished with a single set of Pond Logs along with the particle curtains. However, we restate that the goal is sustained turbidity and not an estimate for the solution. The turbidity can be performed bi-weekly by the City and reported accordingly to the homeowners in writing. The homeowners would have the right to independent analysis. In summary, we request the City to consider and review the following solution: Initial Cost 1. Cover the cost of consultation and testing ($540) 2. Cover the cost of the aeration system, 12 pond logs, installation, tax and shipping ($4,335.10) 3. Cover the cost of particle curtains and installation. ($750 including material and first time installation and final removal of all materials. Total Initial Cost: $5,625.10 As needed, Loq/Curtain Replacement Cost 4. Cover the cost of additional pond log and particle curtains installations ($2,108 per set of 12 logs installed) and replacement curtains ($350 total for labor and material) as needed to meet the turbidity goal of 35. As needed, Replacement Cost: $2,458.00 Mr. Carter Lucas City of Milton Page 2 5. After successful turbidity is reached and maintained, any remaining materials would need to be removed from the Pond (and/or creek) to return them to their "natural state." (included) 6. Work to be performed by Aquatic Environmental, Inc. who has trained biologists and/or their authorized and supervised subcontractors. We need to have experienced expertise addressing and resolving this problem. Our specification comes from concerns based on previous statements to use broadcast polymer (which would have turned our pond into a white oily disaster) and the fact that the current treatment to the creek "appears" to be 2 Floc Logs tied to a stick in the creek. There are no signs of warning or other posting with the Logs which should not be handled with bare hands. 7. The City and Astra make a recommendation for restoration, gain the Homeowners approval, and install the solution on or before March 15th. We recommend a joint meeting to set up the appropriate milestone dates to accomplish meeting the deadline for installation. Multiple delays in restoring the Pond have already been incurred from The City. We ask for this meeting to be on or before Friday, February 6th so final agreement can be reached without further delay in actions taken. Please let us move together toward restoring the pond. We have waited months while The City just tested the pond and suffered further delays from The City in The City's attempt to match the park opening time period and "hoping" Mother Nature would fix it. It is time to "get it done." Thank you and we look forward to your speedy reply. Sincerely, Tom & Judy Barts cc: Fiona Lodge Lee Davis Aquatic EnvironmentalServices, Inc. Updated January 30, 2015 Tom & Judy Barts 255 Thompson Springs Dr Milton, GA 30004 (770) 475-8361 bartsweb@bellsouth.net Turbidity Control - 255 Thompson Springs Drive, Milton, Georgia The homeowners abutting the pond at 245, 255, and 265 Thompson Springs Drive contacted me concerning the turbidity of their pond. It is my understanding that the turbidity occurred on or around October 14th, 2014 and is due to runoff from a construction site upstream from the pond. This construction site is for the Bell Memorial Park expansion which has overflow pipes feeding the stream that feeds the homeowners' pond. There is a second pond in the neighborhood which is one house over from 255 and the second pond is clear and in expected condition. The homeowners informed me the second pond had cleared within a few days of the October rain. On December 2, 2014, 1 conducted a site visit to collect data for the pond shared by Tom/Judy Barts, Fiona Lodge, and Lee Davis. I have performed work on this pond for the past 15 years and I have never seen the pond even slightly turbid. We collected water quality information, as well as general information on sedimentation. The sample was submitted to Environmental Management Services. We performed the remainder of the water quality tests. It is my understanding that the homeowners notified the City of Milton around the V week of November. The City analyzed turbidity at that time as 252 and estimated that the original turbidity at the time of the rain was in the range of 300-400. They have performed subsequent tests with the turbidity dropping to 172 when the homeowners spoke with them during Thanksgiving week. This report includes the results of my water quality tests, explanations of the results and effects, and a cost analysis for three preferred methods to clear the pond. These tests were performed on December 2nd which is approximately seven (7) weeks after the initial turbidity occurred. Water Quality Results: Parameters Results Desired Range Water ,)erature Dissolved Oxygen (mg/L; % Saturation) 7.8; 71 5-10; 60-120% Visibility (inches) 3.5 18-24 Turbidity (NTU) 110 <10 AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquatic Environmenta(Serrvices, Inc. The Turbidity results may vary slightly between instrumentation used by the City of Milton and this reading. Normal water quality and normal pH were found in this pond at the date of this testing. Most of the waters in Georgia are indicative of our poor soil which typically means low alkalinity, pH and hardness. Alkalinity was low, which is an indicator that the water has a limited ability to buffer sudden pH changes. Alkalinity is the buffering capacity of the water and helps buffer sudden pH changes in the water. The main reason we are concerned about the alkalinity is because higher alkalinity levels allow us to fertilize the lake, it makes the fertilizer more effective by making the phosphorus in the fertilizer readily available for phytoplankton growth. If you were to try and fertilize a lake with low alkalinity, the phosphorus would just bind up with metals in the soil at the bottom of the lake. The visibility was 3.5" and the turbidity was 110 NTU which indicates very dense suspended sediments throughout the water column. With the naked eye, an average person can begin to see turbidity levels starting around 5 NTU and greater. Lakes that are considered relatively clear in the United States can have a turbidity up to 25 NTU. If water appears muddy, its turbidity has reached at least 100 NTU. The sample was set aside to see if the sediments would settle out of suspension on their own. The sediments did not settle out of suspension on their own which indicates that the high turbidity is caused by chemical means rather than mechanical means (i.e. livestock, bottom feeding fish, etc.). Suspended particles throughout the water column that result in an increase in the turbidity level can negatively affect a fishery. High turbidity will result in a decrease in the feeding efficiency of predatory fish that are sight feeders due to the limited visibility as a result of the turbidity. Suspended sediments can also limit the success of fish reproduction because the suspended sediments can smother the eggs preventing the eggs from receiving the oxygen that they need to mature. More importantly, high turbidity will result in limited phytoplankton production. Phytoplankton is a microscopic algae and is the base of the food chain in a lake and is what gives lakes a green color to the water. By having a strong phytoplankton bloom, you will then have a healthy zooplankton population (microscopic organisms that feed on phytoplankton) and aquatic insect population. All fish species (fresh and salt water) feed on zooplankton and aquatic insects shortly after they hatch. So by having a strong phytoplankton bloom you will have a strong food chain from the bottom to the top. A lake that is not fertilized can naturally support up to 100 pounds of fish per acre. A lake that is properly fertilized can support up to 300-400 pounds of fish per acre. A lake that is properly fertilized can produce more pounds of fish because more newly hatched fish are able to survive (i.e. high recruitment) because they have a strong forage base. In order for phytoplankton to grow, it needs proper sunlight. When a lake has a large volume of suspended sediments (i.e. high turbidity); these suspended sediments will block or limit the amount of sunlight penetration through the water column which prevents any phytoplankton production. The chemistry of colloidal clay suspensions is not completely understood, primarily because fairly complex physical and chemical processes are involved. Clay particles are extremely small; some are even smaller than bacteria. The small size of these particles means that they have extremely high surface area relative to the volume of the particle. A clay particle can be envisioned as a flat plate covered with a negative electrical charge that attracts the positive ions in water. Positive ions that are immediately adjacent to the clay particle are said to be AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquatic EnvironmentalServices, Inc. "absorbed," while others that are farther away are less strongly attracted. In water, negatively charged clay particles are surrounded by clouds of positively charged ions. When these particles, surrounded by their ion clouds, come close to each other they are repulsed, much the same way similar poles of two magnets will repel each other. The cumulative effect of the repulsion of a huge number of small particles prevents their aggregation into larger, heavier particles that would settle more readily. Taken together then, the extremely small size of clay particle and their surface electrical charge explain how particles remain in suspension. Flocculation is a way controlling clay turbidity by adding substances to water that facilitate the formation of bridges between particles, allowing them to combine into groups of small particles called "flocs". Hydrolyzed metal compounds make excellent flocculants. The hydrolyzed metal compounds destabilize colloids by shrinking the layer of positively charged ions surrounding clay particles, which increases the attraction of one particle to another (coagulation). Hydrolyzed metals can also be absorbed onto the surfaces of clay particles and create bridges to other particles (flocculation). As these particles begin to settle, they ensnare other particles, become progressively heavier, and settle much more readily from suspension. In general, the effectiveness of coagulants increases with the charge of the metal ion. The aluminum (AI3+) in alum is a very effective coagulant because it carries a +3 charge. This +3 charge in alum is more effective than the calcium (Ca21)in gypsum (CaSO4) because the calcium in the gypsum only has a +2 charge. Alum, or aluminum sulfate, has been used to clarify muddy waters since the time of the Egyptians (2000 B.C.) and one of the most effective coagulants. Though alum is one of the most effective coagulants, in low -alkalinity waters is can reduce the pH levels to where it can be harmful to fish. Basically, alum can make the water more acidic. In order to prevent a fish kill during an alum application, hydrated lime can be applied along with the alum to maintain proper pH levels during the application. Another method for controlling suspended sediments is the use of Pond Logs. Applied Polymer System Pond Logs are a group of soil -specific tailored log -blocks that contain blends of water treatment components and polyacrylamide co -polymer for water clarification. They reduce and prevent fine particles and colloidal clays from suspension. There are several types of Pond Logs designed to treat most water and soil types. A water sample was tested outside of the others mentioned in this report in order to develop the correct Pond Log(s) for your application. Due to the unusual composite of particles found, Applied Polymer Systems recommended two types of polymer Pong Logs to address the issue. These are 808 and 805. Pond Logs are most efficient when used in conjunction with an aeration system because they require water movement to be effective. The Pond Logs are attached to the diffuser stations and as the column of bubbles rises up through the water column from the diffuser station, the Pond Log is slowly dissolved and dispersed throughout the water column. In addition, installation of particle curtain(s) (PC) in the creek 100 feet upstream from the mouth of the pond and a second large length PC is installed at the mouth of the pond near the tributary entrance will be necessary for collection of the flocculant. Both of these are secured by ropes tied to shore and anchored down. A AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquatic EnvironmentaCServices, Inc. PC box will be installed in the lake surrounding one of the aeration diffuser stations ("bubble columns"), where pond logs are secured and the moving water can capture the flocculated particles. This will be 10x10 square of 4 inch PVC that has PC four feet in depth. This will allow passing water underneath to entrain in the bubble column when flowing outward which should hit the PC. This entire box is secured in place with "T' posts sunk into the pond bottom. Once the curtains are full of sediment they would be replaced. Particle curtains are necessary due to the extremely fine particulate found in the water samples and will serve to clear the lake more effectively. Sedimentation of the lake appears to be mostly in the upper stretches of the lake as you would expect. The sediment ranged from near zero in the upper and middle section of the lake to three feet in the creek channel. The mouth of the lake has an average of 1.9 feet of sediment accumulation. I know at this time you do not seek removal rather you just want the lake back to an environmentally productive and aesthetically pleasing body of water. To protect the lake from future colloidal suspension The City of Milton should have Floc Logs° placed in the stream upstream and/or near overflow pipes from the Park feeding into the stream. Installation should ensure water flow is through the bags. Periodically these will need to be changed to make sure proper amounts of polymer are present. The Floc Logs° recommended by APS were 706b and 703d. Pond and/or Floc Logs® last approximately 2-4 months and this should be part of the long-term maintenance of the Park to prevent further damage to the lake. In addition, if the construction/landscaping, or ongoing maintenance of the Park should cause further overflow and erosion, then broadcast type products such as Silt Stop° or other emulsion products should be applied as preventive applications by the City. A soil sample will need to be submitted to determine the exact product, amounts, and replacement regularity to determine what is needed for prevention at the park. The following table contains the cost and application rates for the three methods that can be implemented in order to reduce the turbidity and improve water clarity. In addition, the cost for the consultation, report preparation, and tests are listed below: One -Time Cost (to be included with any alternative) $540.00 Site Review, Testing, Consultation, Report, and (This is a separate cost from any of the solutions.) Recommendations AQUATIC ENVIRONMENTAL SERVICES. INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com ./aquatic En vironmentaCServices, Inc. Description ;.'•Quantity / Cost Application Rate = _ Alum =$1,000.00 Alternative #1: Alum —1,020 lbs. Hydrated Lime = $450.00 Alum and Hydrated Lime Hydrated Lime — 510 lbs. Tax = $87.00 (please note dangers to fish and vegetation) Application = $1,500.00 ALT 1= $3,037.00 Gypsum = $6,875.00 Alternative #2: Tax = $412.50 Gypsum 6,800 lbs. Application = $1,800.00 (Please note effectiveness section of Gypsum) ALT 2 = $9,087.50 Pond Logs 12 Logs per installation every 2-4 months. Recommended (3 logs of each type at each diffuser location: Three 808 !o X 2 diffuser stations = 6 logs Alternative #3: Three 805 logs X 2 diffuser stations = 6 logs Total 12 logs per application Pond Logs = $1,800.00 Pond Logs (808 & 805) Particle Curtains (Reinstall of 12 Pond Logs as needed every 2A months*. and Particle Curtains in Particle Curtains (PC) installed 100 feet up stream, Re -Installation cost is $1800 for Pond Logs, $200 Install, and Tax of$108=$2108) at the mouth of the tributary, and 10'x10' boxes Particle Curtains = $750 Conjunction with 1 around diffuser stations (Includes material, first time installation, and final removal of all materials.) Aeration System (Replacement of Particle Curtains and Pond Logs (Replacement curtains would be $350 total for labor and material.) as needed to reach average turbidity of 35 per month until 120 days past all Park construction, landscaping, and improvements and Park is in full operation for a minimum of 120 days.)' Aerator PondLyfe 2 System w/Cabinet, SafeStart $1,250.00 Compressor, Cooling Fan, Two XL1 Single Disk Airstations, Mounting Pads Bottomline Self Sinking Air $515.00 Supply Tubing 100, Estimated 400 Feet Large Replacement Filter $20.00 Tax $215.10 Install $400.00 Shipping $135.00 Total Alternative #3 ALT 3: $5,085.10 Logs $2,108 (per set of 12 installed) Log/Curtain As Needed every 2-4 mos. Curtain $350 (labor &material) Replacements & turbidity goal Each Replacement: $2,458.00 AQUATIC ENVIRONMENTAL SERVICES. INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquatic Environmenta(Services, Inc. The proposed costs for Alternative #3 do not include costs for Floc Logs° or Floc Logs' installation into the stream or near overflow pipes which are part of the Park property. Nor, does it include costs for a broadcast system at the construction site to prevent further erosion, etc. causing turbidity at the pond. Finally, this proposal is to remedy the clay colloidal situation that occurred on or about October 14, 2014 and does include any other or future events that have impact to the lake. Please contact us with any questions you may have. We look forward to serving you!! Aquatic Environmental Services, Inc. AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com "i Aquatic EnvironmentalSer-vices, Inc. PondLyfe 2 System PondLyfe aerators benefit small pond owners who want the best available technology to restore their ponds to a cleaner, clearer and healthier condition naturally by raising oxygen levels, reducing muck, excess nutrients and suspended solids in the water column causing murky water. Decreased algae growth Elimination of foul odors Clearer water Reduced muck Healthy fish population Diminished midge fly swarms Higher oxygen at all depths Balanced ecosystems Powder Coated Aluminum Cabinet GFCI Safety Circuit ETL Safety Certification Independently Tested AirStations Self-cleaning membrane diffusers Single 5 Micron Filtration Restarts Under Pressure Super Quiet Operation AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com Aquatic Environ mentalServices, Inc. Map Diagram - Aeration System Placement PondLyfe 2 4 Leaciid Compressor Cabinet ® AirStation Bottom Line Tubing Opt anal Eglupment - ® Shoreline Valve Box 1" PVC Pipe Site and System specifications Surface Acres: 0.7 Perimeter Feet: 808 Lake Volume, Gal.. 1,100,816 Total Acre Feet: 3.4 Diffuser Disks: 2 CFM 1 Disk: 0.85 GPM 1 Disk: 9519 Daily Pumpage: 2,762,605 Turnovers/Day: 2.51 System PSI: 5.4 The location of the PondLyfe system could be on either shore where electricity is provided. AQUATIC ENVIRONMENTAL SERVICES, INC. 2050 Howell Bridge Rd. Ball Ground, GA 30107 Office: 770-735-3523 Fax: 770-737-5135 Email: info@lakework.com Website: www.lakework.com