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Agenda Packet CC - 08/17/2015 - City Council Meeting 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, August 17, 2015 Regular Council Meeting Agenda 6:00 PM INVOCATION - Senior Pastor Rev. Dr. Brent Ward, Birmingham United Methodist 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. 15-217) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 17, 2015 Page 2 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the August 3, 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-218) (Sudie Gordon, City Clerk) 2. Approval of the Financial Statements for the Period Ending July, 2015. (Agenda Item No. 15-219) (Stacey Inglis, Assistant City Manager) 3. Approval of the First Amendment to that Professional Services Agreement Between the City of Milton, Georgia and Town Planning & Design, LLC to Develop a Conservation Subdivsion Ordinance. (Agenda Item No. 15-220) (Kathleen Field, Community Development Director) 4. Approval of a Right of Way Mowing and Maintenance Agreement By and Between the Georgia Department of Transportation and City of Milton for Project PI 0007313 SR 372 Crabapple Road/Birmingham Highway Intersection Improvements. (Agenda Item No. 15-221) (Carter Lucas, Assistant City Manager) 5. Approval of the Acquisition of 0.009 AC of Right of Way and 0.057 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $42,100. (Agenda Item No. 15-222) (Carter Lucas, Assistant City Manager) 6. Approval of the Acquisition of 0.471 AC of Right of Way and 0.307 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $402,300. (Agenda Item No. 15-223) (Carter Lucas, Assistant City Manager) 7. Approval of the Acquisition of 0.007 AC of Right of Way and 0.085 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $37,000. (Agenda Item No. 15-224) (Carter Lucas, Assistant City Manager) 8. Approval of the Acquisition of 0.024 AC of Right of Way and 0.097 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $63,700. (Agenda Item No. 15-225) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 17, 2015 Page 3 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9. Approval of the Acquisition of 0.797 AC of Right of Way and 0.477 AC of Construction Easement at 12608 Crabapple Road from Itaska Walk, LLC for a Combined Purchase Price of $420,000. (Agenda Item No. 15-226) (Carter Lucas, Assistant City Manager) 10. Approval of the Acquisition of 0.041 AC of Construction Easement at Crabapple Road from Itaska Walk, LLC for a Combined Purchase Price of $21,900. (Agenda Item No. 15-227) (Carter Lucas, Assistant City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING 1. 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. 15-228) (Stacey Inglis, Assistant City Manager) 9) ZONING AGENDA 1. Consideration of RZ15-11 – To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. (Agenda Item No. 15-154) (First Presentation at June 1, 2015 City Council Meeting) (Deferred at June 15, 2015 Regular City Council Meeting) (Discussed at June 8, 2015 and August 10, 2015 Council Work Sessions) (Kathleen Field, Community Development Director) 2. Consideration of RZ15-16 – To Amend Private Swimming Pool Standards for Detached Dwellings. [Sec. 64-1069(b)]. (Agenda Item No. 15-214) (First Presentation at August 3, 2015 City Council Meeting) (Discussed at August10, 2015 City Council Work Session) (Kathleen Field, Community Development Director) 3. Consideration of RZ15-17 – To Create a Definition for “Barrier” in Definitions. (Sec. 64-1). (Agenda Item No. 15-215) (First Presentation at August 3, 2015 City Council Meeting) (Discussed at August10, 2015 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING AUGUST 17, 2015 Page 4 of 4 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS (None) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Information Technology 4. Innovation & Engagement 5. Human Resources 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 15-229) The minutes were provided electronically HOME OF ' ESTARWSHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending July, 2015. MEETING DATE: Monday, August 17, 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 V NO CITY ATTORNEY REVIEW REQUIRED: () YES KNO APPROVAL BY CITY ATTORNEY O APPROVED O NOT APPROVED PLACED ON AGENDA FOR: REMARKS 0 51-Iis 1,�IM7 �!4k !s ny ®your G'een - ; c««,,d PHONE: 678.242.25001 FAX: 678.242.2499 info@6tyofmiltonga.us i www.cityofmiltonga.us Community 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 August 10, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Financial Statements for Period 10 – July 2015 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 4.56% over what is anticipated for the tenth period of the fiscal year. Total expenditures to-date are $22,732,959 and are 4.72% 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 $12,583,673, capital expenditures-to-date total $4,054,194. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending July 2015 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,992,500 4,193 - 4,193 468,710 402,123 66,586 Motor Vehicle Tax 995,000 66,312 82,917 (16,605) 724,438 746,250 (21,812) Intangible Tax 175,000 29,802 14,583 15,219 163,273 131,250 32,023 Real Estate Transfer Tax 75,000 11,151 6,250 4,901 67,640 56,250 11,390 Franchise Fees 1,850,000 188,925 188,925 - 1,278,802 1,246,250 32,552 Local Option Sales Tax 8,000,000 720,195 666,667 53,528 6,289,839 6,000,000 289,839 Alcohol Beverage Excise Tax 295,000 27,238 24,583 2,655 219,911 221,250 (1,339) Business & Occupation Tax 660,000 6,272 6,600 (328) 643,169 640,200 2,969 Insurance Premium Tax 1,680,000 - - - - - - Financial Institution Tax 39,673 - - - 39,673 39,673 - Penalties & Interest 34,600 1,635 762 874 34,115 28,363 5,752 Alcohol Beverage Licenses 147,400 - - - 147,400 147,400 - Other Non-Business Permits/Licenses 18,900 1,225 1,050 175 22,514 16,633 5,881 Zoning & Land Disturbance Permits 222,100 16,440 18,050 (1,610) 175,828 186,000 (10,172) Building Permits 470,000 35,671 39,167 (3,496) 396,585 391,667 4,918 Intergovernmental Revenue - - - - - - - Other Charges for Service 485,400 50,408 25,200 25,208 447,934 429,267 18,667 Municipal Court Fines 551,000 53,165 45,917 7,248 470,037 459,167 10,870 Interest Earnings 22,500 70 1,875 (1,805) 23,736 18,750 4,986 Contributions & Donations - - - - 2,589 - 2,589 Other Revenue 46,660 2,940 2,799 140 88,537 41,062 47,476 Other Financing Sources 36,000 9,044 - 9,044 42,221 32,667 9,554 Total Revenues 24,796,733 1,224,685 1,125,345 99,341 11,746,951 11,234,221 512,730 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 172,810 9,370 10,186 (817) 123,788 135,635 (11,847) City Clerk 192,358 13,412 14,918 (1,506) 133,027 156,782 (23,755) City Manager 675,067 45,860 49,934 (4,074) 494,611 543,976 (49,365) General Administration 39,414 1,093 1,678 (585) 36,649 36,059 590 Finance 431,244 24,661 27,885 (3,224) 316,242 343,332 (27,090) Legal 230,000 36,746 38,333 (1,587) 166,289 172,500 (6,211) Information Technology 788,178 41,297 49,120 (7,822) 618,123 651,833 (33,711) Human Resources 323,149 18,094 21,334 (3,240) 207,638 249,436 (41,799) Risk Management 251,855 45,194 45,194 - 176,650 176,650 - General Government Buildings 386,485 31,269 31,686 (417) 321,293 322,071 (778) Public Information & Marketing 358,730 19,064 21,724 (2,660) 271,405 303,387 (31,982) Municipal Court 301,471 21,287 22,942 (1,655) 213,871 246,093 (32,222) Police 3,967,560 249,447 288,864 (39,417) 2,933,975 3,169,839 (235,864) Fire 5,566,535 357,985 423,488 (65,503) 4,378,081 4,554,723 (176,643) Public Works 1,762,863 135,073 94,482 40,591 1,408,849 1,564,638 (155,788) Parks & Recreation 950,945 43,841 39,680 4,161 720,263 830,156 (109,893) Community Development 978,451 41,341 75,365 (34,024) 607,231 798,054 (190,824) Economic Development 79,941 9,355 9,193 162 40,707 39,746 961 Debt Service - Capital Lease Payment 179,117 - - - 179,117 179,117 - Operating Transfers to Other Funds 11,262,182 938,515 938,515 - 9,385,152 9,385,152 - Operating Reserve 177,068 - - - - - - Total expenditures 29,075,423 2,082,903 2,204,520 (121,618)22,732,959 23,859,178 (1,126,219) Net Income/(Loss)(4,278,690)(858,217)(10,986,008) Fund Balance - Beginning 10,798,747 10,798,747 Fund Balance - Ending 6,520,057 (187,261) 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$ -$ 400$ (100)$ Artisan Farmer's Market Vendor -$ (110)$ 140$ 140$ Interest Revenues - - 15 15 Crabapple Fest Sponsor 8,500 - 1,000 (7,500) Earth Day Sponsor 3,500 - 2,000 (1,500) 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 - - 1,068 1,068 T-shirt Sales - - - - Mayor's Run Reg. Fees 450 - 675 225 Roundup Food Sales - - - - Total revenues 78,750$ (110)$ 6,298$ (72,452)$ EXPENDITURES Current: Special Events 123,825$ 1,586$ 59,200$ 64,625$ Total Expenditures 123,825$ 1,586$ 59,200$ 64,625$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 40,000$ -$ 40,000$ -$ Total other financing sources and uses 40,000$ -$ 40,000$ -$ Net change in fund balances (5,075)$ (12,902)$ Fund balances - beginning 43,287 43,287 Fund balances - ending 38,212$ 30,385$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 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 - - 54,220 54,220 Interest Revenues/State Funds - - 20 20 Interest Revenues/Federal Funds - - 46 46 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ -$ 54,285$ 54,285$ EXPENDITURES Current: Police 33,000$ 207$ 16,186$ 16,814$ Total Expenditures 33,000$ 207$ 16,186$ 16,814$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (33,000)$ 38,100$ Fund balances - beginning 163,191 163,191 Fund balances - ending 130,191$ 201,291$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2015 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 129,358$ 625,141$ (174,859)$ Interest Revenue 175 - 223 48 Total revenues 800,175$ 129,358$ 625,363$ (174,812)$ EXPENDITURES Current: Public Safety 821,000$ 216,790$ 509,440$ 311,560$ Total Expenditures 821,000$ 216,790$ 509,440$ 311,560$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Transfers out to Capital Projects Fund 400,000$ 33,333$ 333,333$ (66,667)$ Total other financing sources and uses 400,000$ 33,333$ 333,333$ (66,667)$ Net change in fund balances (420,825)$ (217,410)$ Fund balances - beginning 479,271 479,271 Fund balances - ending 58,446$ 261,860$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 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$ 6,344$ 51,805$ (8,195)$ Total revenues 60,000$ 6,344$ 51,805$ (8,195)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 6,344$ 11,805$ (8,195)$ Transfers out to Special Events Fund 40,000 - 40,000 - Total other financing sources and uses 60,000$ 6,344$ 51,805$ (8,195)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2015 6 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 70,000$ 70,000$ 8,622$ 57,326$ (12,674)$ Sidewalk Replacement Account - - - 44,726 44,726 Crabapple Paving Fee - - - - - Traffic Calming - - - 1,329 1,329 Tree Recompense - - 138,000 138,000 138,000 Landfill Host Fees 90,000 90,000 57,266 115,440 25,440 HYA Fees - - - - Interest Revenue 1,700 1,700 - 371 (1,329) Penalties and Interest/Other - - 283 283 283 Realized Gain or Loss on Investments - - - - - Donation Revenue/Parks & Recration - 100,000 - 100,000 - Insurance Proceeds - - 10,225 10,225 Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Miscellaneous Revenue - - 4,921 4,921 Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 161,700 261,700 204,171$ 472,622$ 210,922$ EXPENDITURES Capital Outlay City Council 300,000$ 585,227$ 3,000$ 369,458$ 215,769$ General Admin 50,000 23,176 - 19,414 3,762 Finance - - - 12,354 (12,354) IT - - - - - Police 2,003,226 2,003,226 51,821 1,696,144 307,082 Fire 1,853,287 1,853,287 4,480 196,697 1,656,590 Public Works 6,628,260 6,639,260 9,231 614,950 6,024,310 Parks & Recreation 1,115,233 1,284,057 28,107 1,115,600 168,457 Community Development 195,440 195,440 4,074 29,578 165,862 Total Capital Outlay 12,145,446$ 12,583,673$ 100,713$ 4,054,194$ 8,529,479$ Excess of revenues over expenditures (11,983,746) (12,321,973) 103,458 (3,581,573) (8,318,557) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,065,206$ 4,403,433$ 366,953$ 3,669,528$ (733,906)$ Transfers in from E-911 Fund 400,000$ 400,000$ 33,333$ 333,333$ (66,667)$ Unallocated - - -$ -$ -$ Lease Proceeds - - -$ -$ - Proceeds of Sale of Assets - - -$ -$ - Budgeted Fund Balance - - - - - Total other financing sources and uses 4,465,206 4,803,433 400,286 4,002,861 (800,572) Net change in fund balances (7,518,540) (7,518,540) 421,288 Fund balances - beginning 7,875,774 7,875,774 7,875,774 Fund balances - ending 357,234$ 357,234$ 8,297,062$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 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 (146,732) LMIG Funds 200,000 - 278,684 78,684 GDOT HPP Funds 5,514,052 - 622,373 (4,891,679) MARTA Grant 177,355 - 102,705 (74,650) SR 9 @ Bethany Bend Grant 17,726 - 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 6,616,818$ -$ 1,076,929$ (5,539,889)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ Public Safety - - Public Works 9,396,085$ 615,543$ 3,038,804$ 6,357,281$ Community Development 4,900 - - 4,900 Total Capital Outlay 9,400,985$ 615,543$ 3,038,804$ 6,362,181$ Excess of revenues over expenditures (2,784,167) (615,543) (1,961,875) 822,292 OTHER FINANCING SOURCES (USES) Transfers in to General Fund 600,180$ 50,015$ 500,150$ 100,030$ Budgeted Fund Balance - - - - Total other financing sources and uses 600,180$ 50,015$ 500,150$ 100,030$ Net change in fund balances (2,183,987) (1,461,725) Fund balances - beginning 50,032 50,032 Fund balances - ending (2,133,955)$ (1,411,693)$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 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 100,000 100,000 100,000 - Total revenues 100,000$ 100,000$ 100,091$ 91$ EXPENDITURES Capital Outlay General Government Buildings 7,412,301$ 1,200$ 196,711$ 7,215,590$ Parks & Recreation 9,131,258 515,734 5,192,148 3,939,110 Bond Principal 535,000 - - 535,000 Bond Interest 300,000 - 669 299,331 Total Capital Outlay 17,378,559$ 516,934$ 5,389,528$ 11,989,031$ Excess of revenues over expenditures (17,278,559) (416,934) (5,289,437) 11,989,122 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 6,258,569$ 521,547$ 5,215,474$ (1,043,095)$ Revenue Bond Proceeds 9,600,000 - - 9,600,000 Total other financing sources and uses 15,858,569$ 521,547$ 5,215,474$ 8,556,905$ Net change in fund balances (1,419,990) (73,963) Fund balances - beginning 1,419,989 1,419,989 Fund balances - ending (1)$ 1,346,027$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended July 31, 2015 9 MJ HOME OF ' MILTON, ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the First Amendment to that Professional Services Agreement Between the City of Milton, Georgia and Town Planning & Design, LLC. to Develop a Conservation Subdivision Ordinance. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages ifnecessary) See attached memorandum APPROVAL BY CITY MANAGER: ) APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED.- YES APPROVAL BY CITY ATTORNEY P APPROVED PLACED ON AGENDA FOR. 0 S 11 i S REMARKS O NOT APPROVED () NO () NO PHONE: 678.242.25001 FAX: 678.242.2499 Green0 ► �xii3 �� � c infoftityofmittonga.us I www.cityofmiltonga.us ��'�� n�.�FE. Community k h,C, 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on August 10, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the First Amendment to that Professional Services Agreement Between the City of Milton, Georgia and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance. ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The Amendment to the Professional Services Agreement between the City of Milton and Town Planning & Design LLC to Develop a Conservation Subdivision Ordinance is required to allow additional work to be done to complete the task of developing a conservation subdivision ordinance. The work includes the editing of the existing draft ordinance; and presentations/discussions at the August 20th council work session and additional meetings. The work required for this is considered “wrap up work”, which would be most simply and cheaply accomplished by the existing consultants. The contract amount is set as not to exceed $4,050.00 and will expire on September 30, 2015. Funding and Fiscal Impact: $4,050.00 Alternatives: None. Legal Review: Ken Jarrard – Jarrard & Davis Concurrent Review: Chris Lagerbloom Attachment(s): Contracts and attachments HOME OF'THEBEST QUALITY OF LIFE IN GEORGIA' M1 LTON*' ESTABLISHED 2006 FIRST AMENDMENT TO THAT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND TOWN PLANNING & DESIGN LLC WHEREAS, on December 1, 2014, the City of Milton, Georgia (City) and Town Planning & Design, LLC (Consultant) entered into a professional services agreement wherein the Consultant would provide professional services to the City related to the drafting of a conservation subdivision ordinance (Agreement); WHEREAS, a true and correct copy of the Agreement is attached hereto as Exhibit A; WHEREAS, the funds appropriated pursuant to the Agreement have been expended, but all work related to the conservation ordinance is not yet completed; WHEREAS, there is a need for the Consultant to provide approximately two months of additional work toward completion of the conservation subdivision ordinance, to include attendance at additional City Council meetings and redrafts of the proposed ordinance (Wrap Up Work); WHEREAS, the maximum amount to be expended for the Wrap Up Work will be $4,050 (maximum amount); WHEREAS, the consultant has provided a proposal for the Wrap Up \Work, which is attached hereto as Exhibit B; WHEREAS, there is no viable means of competitively procuring any other consultant or professional that could provide the Wrap Up Work for the maximum amount; WHEREAS, there is no viable means of retaining a new consultant or professional or otherwise bringing a new individual or entity up to speed on the progress of the conservation subdivision ordinance without expending significantly more than the maximum amount, thereby negatively impacting the taxpayers of Milton and unnecessarily escalating the cost of the Wrap Up Work; WHEREAS, in light of these legitimate considerations, the City Manager has executed a sole source certification, that is attached hereto as Exhibit C. NOW THEREFORE, in light of the representations above, which are agreed by the parties to be material to this amendment, and for other good and valuable consideration exchanged the receipt and sufficiency of which is acknowledged by the signatures below, the parties do hereby agree to the following: 1. That the Agreement is hereby ratified and reaffirmed, subject to the following amendment; a. The Scope of Work shall be as set forth in Exhibit B attached hereto; b. The amended Agreement shall terminate on September 30, 2015; and, 䴀礀 䌀漀洀洀椀猀猀椀漀渀 䔀砀瀀椀爀攀猀㨀 倀甀戀氀椀挀 ` '�aCity of Milton AP� PROFF,SSIONAL SERVICES AGREF,MF.NT Conservation Subdivision Ordinance This Agreement made and entered into this 1st day of December, in the year 2014, by and between 'rho City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 1070, Milton CA 30004 and Town laming & Design LLC ("Consultant") having its principle place of business at 1786 Uderbrook Rd. NE Atlanta, GA 30345. WHEREAS, the City of Milton will require certain professional services beginning on December I, 2014; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW 'THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensation described therein. No payments will be made for unauthorized work. Invoices should be submitted to Honor Motes, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City's certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of $17,250 (the "Contract Price") without prior written approval from the City. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established EXHIBIT 2LJ without disregarding sound principles of Consultant's industry, Consultant will give written notice thereof immediately to the City. 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Consultant shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Consultant shall defend, indemnify, and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as "City Parties") from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses, and liability of any kind whatsoever, including but not limited to, attorney's fees and costs of defense (hereinafter "Liabilities"), which may be the result of willful, negligent, or tortious conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Part ies, by any employee of the Consultant, any subcontractor, anyone directly or indirectly employed by the Consultant or subcontractor, or anyone for whose acts the Consultant or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Consultant or any subcontractor under workers' or workmen's compensation acts, disability benefit acts, or other 2 employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive expiration or termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. Notwithstanding the foregoing, the indemnification obligation of the Consultant under this section 3.0 shall not extend to any claims that may be asserted against the City because of its consideration or adoption of an ordinance drafted by Consultant. 4.0 Insurance Consultant shall maintain in effect during the term of this Agreement insurance coverages, at a minimum, as shown on Exhibit "I3," attached hereto and incorporated herein by reference. Consultant shall be responsible for insuring all vehicles operating on behalf of Consultant and for the provision of health insurance coverage for all individuals acting on behalf of Consultant. 5.0 Term; Termination The term of this Agreement shall be from Monday December 1, 2014 and shall terminate absolutely and without further obligation on the part of the City upon Consultant's completion of services described herein, but no later than December 31, 2014, provided that this Agreement, absent written notice of non -renewal provided by the City to Consultant at least thirty (30) days prior to December 31, 2014, shall automatically renew on January I, 2015 to December 31, 2015. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 6.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 7.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 8.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 9.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 10.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia 1 I.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 12.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on tiny representation, promise, nor inducement not contained herein. 13.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 14.0 Sovereign Immunity Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. 15.0 Notices All other notices, writings or correspondence as required by This Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY shall be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THF, CONSULTANT shall be sent to: Donald J. Broussard Town Planning & Design LLC 1786 Alderbrook Rd. NE Atlanta, GA 30345 16.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation tinder the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. 17.0 Employment of Unauthorized Aliens Prohibited (1) F, -Verify Afficlavit It is the policy oC the City of Milton Thal unauthm•ized aliens shall not be employed to perform work on City contracts involving the physical performance of services. 'therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Conlraclor shall provide evidence on City -provided forms, attached hereto as Exhibit "C" and Exhibit "D" (affidavits regarding compliance with tho E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-1041), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E - Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the GVerify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the Stale Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contra ctor hereby verifies that it has, prior to executing this Agreement, executed a notarised affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Ride 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 1340-91 and Rule 300-10-142 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "U', which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91] 500 or more employees. 100 or more employees. Fewer than 1 00 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractors) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of Stale and federal law, and shall be construed to be in conformity with those laws. 18.0 Nondiscrimination In accordance with Title VI of the Civil Rights Act, as amended, 42 [I.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 18.0 in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: /Z —/�/el City Attorney SIGNED, SEALED, AND DELIVERED in the presence of: U �'r y Wit so Notary Public 3�0 [NOTARY SEAL] My Commission Expires: /.ZGIY TOWN PLANNING &DESIGN LLC. Signature: WWAA090 ff II I Printcd Name: V0'. 4 15V,)!55clrA Member/Manager CITY OF MIL'CON: By: SIGNED, SEALED, AND DELIVERED in the presence of'. W ibiess Notary Public [NOTARY SEAL] My Commission Gxpires: Exhibit "A" Scope of Work I. Deliverables I Tasks 1. Draft City of Milton Conservation Subdivision Ordinance. 2. Draft standard design drawings for roads and green space of the Conservation Subdivision, 3. Provide PowerPoint slide presentation for public meetings demonstrating the Conservation Subdivision recommendations. 4. Make revisions to draft ordinance based on input from public, Planning Commission and City Council. 5. Attend Meetings (2) with city and county officials regarding the street and waste treatment standards that will allow and support the development of conservation subdivisions in Milton. 6. Revise PowerPoint slide presentation as needed. Subtotal $6, 450 II. Public Process: Public Information Meeting (informal) Community Zoning Information Meeting Planning Commission work session Planning Commission Regular Meeting City Council Work Session City Council (consideration for adoption) Subtotal $10, @00 TOTAL Not to Exceed $17,250 Wednesday, December 10, 2014 Tuesday, January 13, 2015 Wednesday, January 28, 2015 Wednesday, February 25, 2015 Monday, March 9, 2015 Monday, March 16, 2015 Provisions 1, Record keeping at all public meetings will be by the City of Milton 2. Reproduction of handouts for all meetings will be the responsibility of the Community Development Department or shall be reimbursable at cost plus 10% if produced by Town Planning &Design. 3. Town Planning & Design LLC will bill monthly hours at a rate of $150 per hour for each professional planner for time expended. Time expended for meetings other than those listed above shall be billable at that same rate. 4. Completion of the assignment is anticipated by March 31, 2015, IO EXHIL31T•8n ACDRD. INSURANCE BINDER OEOUCTBIE 0 AMWIIt PROPERLY CAUSESOFLOSS BASIC 1:1 BROAD ❑ SPEC 11112114 4 THIS BINDER 18 A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCERP GENERAL Eat. g'"28.1820 RETRO DATE FOR CRAMS MADE: COMPANY BINDER No • 3388316305 HEMET) PToprosslYM Mounleln InwranCa GGgP 857338848 BB&T Insurance Services, Inc. PERSONAL a ADV INIURY DATE EFFETM TIMEDATt""'T lime X µ X TZGI AM 414 Gelllmore Dalry Road PRODUCTS-COMPOPAGO I 11112114 12:01 12112/14 I Suite F COMBINED SINGLE LMAIT $ PM NOON Greensboro, NC 27409 f THIS BINDER IS ISSUED TO EXTEND COVERAGE IN TIE ABOVE NAMEDCOMPANY $ MEDICAL PAYMENTS I COOS f SUB CODE: $500,000 PER E%PIRING POLICYI: A ERW 1207300 X I AIL VEHICLES SCHEWLEDVEHICLES V#11411000 V#441000 V#24/000 V#1. 250 V#4. 250 V#2. 250 DESCRIPTION OF OPERATION&VEHICLENPROPERTY(IndWing Lo Uon) Veh#1: 2003 SATUR VUE INSURED Donald J Broussard, Elizabeth S O Broussard 50ZCZ83813S811431 GA LIABILITY ANYAUTO 1780 AlLlorbrook Rd NE AUTOONLY-EAACCIOEHT Veh#2: 2003 JEEP LIBERTY Atlanta, GA 30345 1J4GK48K33W541903 GA EACH ACCIDENT f f See Special Conditions Below) COVERAGES LIMITS TYPE OF INSURANCE cow NAME RAGEhORNS OEOUCTBIE CgXH% AMWIIt PROPERLY CAUSESOFLOSS BASIC 1:1 BROAD ❑ SPEC LOAN I ATLANTA, GA 30345 AE iP s)J[ Ej��1j11 E GENERAL LIABILITY COMMERCIAL GENERAL LIABAITY CPREMISES CINLKMADE OCCUR RETRO DATE FOR CRAMS MADE: EACH OCCURRENCE _ fTO f HEMET) MFD ERP M ons I PERSONAL a ADV INIURY f GENERAL AGGREGATE i PRODUCTS-COMPOPAGO I AUTOMOBILE LABILITY ANYAUTO X ALLOWNEOAUTOS $CHEWLEOAUTOS HIREDAUTOS WHiOWNEDAUTOS Underinsured Mot, 01: 500,000 Rental Raimbursement-40 See Spec. Conditions/Other Coverages COMBINED SINGLE LMAIT $ sGCILY DLuHY(Po P. ) f BODILY INAW(PY a m) W) f PROPERTYDAMAGE $ MEDICAL PAYMENTS I PERSONAL INJURY PROT f UNINSURED MOTORIST $500,000 s AUTOPHYSICAL DAMAGE DEDUCTIBLE X causlon: 1000 X OTHERTw CCK. X I AIL VEHICLES SCHEWLEDVEHICLES V#11411000 V#441000 V#24/000 V#1. 250 V#4. 250 V#2. 250 X ACTUALCASHVALUE S STATEOAMOUIT_ _ OTHER GARAGE LIABILITY ANYAUTO AUTOONLY-EAACCIOEHT I OTHER THAN "TO ONLY. EACH ACCIDENT f f AGGREGATE UCEBSLIABR." VM8RELUFORM OTHER TIM UMRRELIA FORM RETRO DATE FOR CRAMS MADE: FACROCCURRENCE AGGREGATE _ _ SELF-INSUREORETENTION i f WORKER'S COMPENSATION EMPLOYEES LMBILITY WC STANTORY LIMITS EL-EACHACCIDENTAND _ f EL.DISEASE-EAEMPLOYEE 4 E I. DISEASE- POLICY LLAT oEWn 1ON�'• Continued From Additional Interests Section" SPECIAL DONALD J BROUSSARDLESETWATOT COVERAGES See attached Spec Conditions/Other Cove pace.) $ S Es s r PRE M a ELIZABETH O BROU5SARD 1788 ALDERBROOK RD NE ACORD 75 (2001/01)1 0l 3 #510908 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE RCPE 0 ACORD CORPORATION 1993 MORTGAGEE Loss PAVFE X AWITIONAL INSURED LOAN I ATLANTA, GA 30345 AE iP s)J[ Ej��1j11 E CONDITIONS This Company binds the kinds) of Insurance stipulated on the reverse s(de. The Insurance is subject to the terms, conditions and limitations of the policy(les) In current use by the Company. Rules and Rates In use by the Company. This binder may be cancelled by the Insured by surrender of Ihis binder or by written notice to the Company slating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder Is cancelled when replaced by a policy. If this binder Is not replaced by a policy, the Company Is entitled to charge a premium for the binder according to the Rules and Rates In use by the Company. Applicable In Callfornla When Ihis form is used to provide insurance in the amount of ono million dollars ($1,000,000) a more, the line of the form is changed from 'insurance Binder" to "Cover Note'. Applicable In Delaware The morlgagee or Obligee of any mortgage or other Insirumanl given for the purpose of creating a Ilan on real properly shall accept as evidence of Insurance a written binder Issued by an authorized insurer or Its agent if the binder Includes or Is accompanled by: the name and address of the borrower: the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the tens of the binder unless the lender and the Insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of Insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable In Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a b(nder Is required unless the durallon of lha binder exceeds 80 days. For auto Insurance, the Insurer must give 5 days prlor notice, unless the binder Is replaced by a policy or another binder in the same company. to the pally presenting the Applicable In Nevada Any person who refuses to accept a binder which provides coverage ACORD 7 5 120 01/011 2 of of loss Than $1,000,000.00 when praol is required: (A) Shall be fined not more Ihan 3500.00, and (B) is Ilable to the pally presenting the binder as proof oI Insurance for actual damages sustained therefrom. ACORD 7 5 120 01/011 2 of SPECIAL CONDITIONS/OTHER COVERAGES (Cont. from page 1) ** Continued from Description of Operations/Vehicles/Property Section ** Veh#3: 1998 VOLKS PASSAT WVWMA63B4WE433430 GA Veh#4: 2004 VOLVO XC90 YV1CY59H541087724 GA Loc#1: 1786 ALDERBROOK RD NE, ATLANTA, GA 30345 ** Continued from Automobile Liability Section ** Coverage: Uninsured Motorist Liability Endt Limit: 500,000 Ded: $500 Vehicles: 1 Options: AO EXHIDIT "C" STATF. OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this afrdavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10.91, stating aRirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13.10-91(b). Contactor hereby attests that its feJcal work authorization user identification number mrd date of authorization are as follows: Fedeal Work Autimrization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Eroploycr I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on , _ _, 201 _ in (city), (state). Signature of Authorized Otlicer or Agem Printed Nmne and Title of Authorized OlTicer or Agent SUDSCRIDED AND SWORN [3EfORB ME ON THIS 1'HE DAY OF 1201, NOTARY PUBLIC (NOTARY SF,AL� My Commission Gxpires: EXHIBIT "D" STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affinnalivaly that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Town Planning & Design, LLC on behalf of the City of Millon has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13.10.91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub - subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub -subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorisation areas follows: Federal Work Audtoriz:ttion User Identification Number Qatc of Authorization Name of Subcontractor of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true nd correct. Executed on _ _, _, 201_ in _(city), (state). Signature df Authorized Officer or Agent Printed Name and Title of Authorized OBicer or Agent SUBSCRIBED ANQ SWORN BEFORE MF. ON THIS THE DAY OF ,201 _. NOTARY PUBLIC [NOTARY SEAL) My Commission Expires: 12 n -tCyregawn A I Town Planning & Design Atlanta, Alderbta,CArook5 NE Atlanta, GA 30345 404550- T 404-634-7759 tjvonplanAtlantlantaQaol.com U : r & D,)I v Is Date: July 27, 2015 To: Kathleen Field, Director of Community Development Subject: Proposal for Additional Professional Services Thanks for the opportunity to submit a proposal for additional work with the City of Milton. This will enable us to make revisions to the conservation subdivision ordi- nance requested by City Council and to attend their meetings and provide advice over the coming two months. Scope of Work A) Attend a minimum of three (3) Council meetings on four possible dates: • Thursday August 20, 2015 —Special Called Work Session • Wednesday Sept. % 2015 — Meeting • Monday Sept. 14, 2015 —Work Session • Monday September 21, 2015 — Meeting B) Re -draft proposed ordinance (dated July 9, 2015) based on input and direc- tion from City Council. C) Hourly rates will remain $150 per professional planner as in the previous en- gagement. D) Total amount of the engagement shall not exceed $4,050. All other current provisions shall remain in effect. Kathy, please let me know if I can modify this proposal to better fit the needs of the City of Milton. Thanks for your continuing commitment to our professional rela- tionship with your city. Respectfully, Donald J. Broussard, City Planner Town Planning &Design LLC EXHIBIT C CERTIFICATION OF SOLE SOURCE As the duly appointed purchasing agent for the City of Milton, I hereby certify and affirm that: 1. The Consultant has provided the City over seven months of dedicated professional services and therefore the Consultant now possesses a range of knowledge and understanding of the unique conservation subdivision ordinance challenges facing the City that would be impossible for another consultant to replicate without the City expending considerable additional (and duplicative) funds to retain - thereby effectively starting the City's conservation subdivision ordinance process over from the beginning; 2. Such an exercise would be financially wasteful; 3. Moreover, even if another vendor was retained, that new vendor would invariably have a different vision of a conservation subdivision ordinance thereby effectively ensuring that the ordinance drafting process would begin anew and the work already commissioned would be of reduced value or significantly marginalized; 3. The Consultant is now vested with (1) a unique skill set, (2) a specialized understanding of the pertinent issues facing the City, and a (3) level of engagement with requisite community stakeholders and staff that could not be duplicated by another provider; 4. Given that the additional work to be performed implicates a maximum expenditure of less than $5,000, the Milton purchasing policies are much more relaxed on the protocols for retaining competitive quotes, and, it is my belief as the purchasing agent for the City that no new responsible vendor would even quote a fee for the wrap up work that would even closely approximate the small amount the Consultant has quoted. 5. Therefore, it is my opinion that a sole source is appropriate, justified, and authorized by the City's purchasing policies. So affirmed this day of August, 2015. Cluis Lagerbloom City Manager C HOME OF ' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO; City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of a Right of Way Mowing and Maintenance Agreement By and Between the Georgia Department of Transportation and City of Milton for Project PI 0007313 SR 372 Crabapple Road/Birmingham Highway Intersection Improvements. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: y APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: I YES () NO CITY ATTORNEY REVIEW REQUIRED: 0 YES O NO APPROVAL BY CITY ATTORNEY �APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 6 $ o f 5 REMARKS 11 © 10 Your _ PHONE: 678.242.25001 FAX: 678.242.2499 G]II•een *crrtstnd* Community '�Ity0 ' info@cityofmiltonga.us I www.cityofmilfonga.us "� 1 Ethics _ 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 Page 1 of 2 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of a Right of Way Mowing and Maintenance Agreement By and Between the Georgia Department of Transportation and City of Milton for Project PI 0007313 SR 372 Crabapple Road/Birmingham Highway Intersection Improvements. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The intersections of SR 372 Crabapple Road/Birmingham Highway at McFarlin Lane and Crabapple Chase Drive will be improved by installing roundabouts. This is a Georgia Department of Transportation (GDOT) project that is funded by 80% Federal funds and 20% Local funds. As part of the final plans, GDOT requires a right of way mowing and maintenance agreement to be signed by the local government. In the concept phase of the project, the City provided a letter of support for the roundabouts including maintenance of landscaping. The City and their consultants have designed the project and acquired right of way for the project. GDOT will let the project for construction. The work plan addresses the following items related to maintenance in the center island of the roundabouts: - Watering - Pruning - Plant Replacement - Weeding - Mowing and Trimming of Grass - Mulching - Litter Funding and Fiscal Impact: N/A Alternatives: N/A Page 2 of 2 Legal Review: Paul Higbee – Jarrard & Davis, LLP (August 5, 2015) Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Mowing and Maintenance Agreement Rev: March 21, 2013 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND CITY OF MILTON THIS AGREEMENT made and entered into this _____ day of _____________, 20____ by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as “DEPARTMENT” or “LICENSOR”, and the CITY OF MILTON hereinafter referred to as “LICENSEE”. WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMENT’S right of way, hereinafter called the “PROJECT”, and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT’S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XI – MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit ‘A’ – Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department-approved construction PROJECT. Exhibit ‘A’ is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit ‘A’. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement between LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein. ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall not exceed fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V CONTRACT DISPUTES This Agreement shall be deemed to have been executed in __Fulton__County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI INSURANCE Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage for anyone that will be working on the right of way: (a) Workmen’s Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT’S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision, provided the LICENSEE has been given at least three (3) days prior notice that such inspection and supervision has become necessary, except in the instance where the DEPARTMENT reasonably deems there to be a public safety hazard or an immediate harm to the roadway facilities or other DEPARTMENT property. The rate of reimbursement for the DEPARTMENT’S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall, to the extent, if any, allowed by law, save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT’S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time by the provision of at least thirty (30) days prior written notice of such termination to the DEPARTMENT. In the event of such termination, LICENSEE shall have no further obligations with respect to the PROJECT after the date of termination, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT. B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non-standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non- standard and decorative elements that are no longer to be maintained by the LICENSEE. E. No reimbursal is required for termination of agreements for Mowing Only. The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items “A”, “B”, “C”, and “D” above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full. D. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the parties agree that, during performance of this Agreement, the parties, for themselves, their assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the parties agree to comply with all applicable implementing regulations and shall include the provisions of this Section in every contract for services contemplated under this Agreement. E. E-Verify. It is the policy of all parties that unauthorized aliens shall not be employed to perform work on their respective contracts involving the physical performance of services. Therefore, the parties shall not enter into a contract for the physical performance of services within the State of Georgia unless the other party shall provide evidence that the party providing such services shall have or has within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E -Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the contract to ensure that no unauthorized aliens will be employed. All parties hereby verify that each has, prior to executing this Agreement, executed a notarized affidavit, in the form attached as Exhibit “B.” In the event any party employs or contracts with any contractors or subcontractors in connection with the activities contemplated by this Agreement, each party agrees to secure from such contractor or subcontractor(s) attestation of their compliance with O.C.G.A. § 13 -10-91 and Rule 300-10-1-.02. ARTICLE XI MAINTENANCE WORK PLAN For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (MUTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic. Watering Provide adequate water to maintain healthy plant material Water in a manner that it does not endanger pedestrian or vehicular traffic Water according to the state or local government restrictions Pruning Remove dead or diseased planted vegetation. Prune trees, shrubs and ground covers to maintain the health of the plants and to maintain in the intended design character of the plant (no stump pruning or lollipop/ball shapes) Prune trees, shrubs, and ground covers as needed to remove damage by storm or accident events and to prevent safety hazards. Prune to maintain open sight distances, clear zone areas and traffic sign visibility. Provide clearance for pedestrian and vehicular traffic mobility. Prune according to American National Standards Institute, latest edition, A300 Part 1 pruning standards Plant Replacement Replacement of dead or diseased vegetation of planted material within the project limits is the responsibility of the LICENSEE Replacement plant material must be according to Policy 6755-9 – Policy for Landscaping and Enhancements on GDOT Right of Way and GDOT Specification Section 702. Weeding Maintain right of way free of weeds, exotic and invasive pest plants, undesired vegetation and other noxious weeds All Pesticide/Herbicide use shall be under the direct supervision of someone with the appropriate Commercial Category 27 (right of way use) license. When pesticides/herbicides are being applied the person applying shall have in their possession all labeling associated with the pesticide/herbicide and their license/certification. Post warning signs for pesticide/herbicide use as required by state code. Mowing and trimming of grass Maintain a neat appearance and clear sight lines for pedestrian and vehicular traffic. Mulching Replace mulch in plant beds as needed to maintain an attractive, fresh look at a 2-3” depth Maintain mulch so that it will not spread or wash on to pedestrian paths or traveled lanes Litter Completely remove all litter and debris and other objectionable material on site. Do not deposit or blow litter, debris and vegetation into gutters or drainage structures. Make disposal in accordance with local and state laws. Remove all graffiti within project limits NOTE: All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lane/walkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION ______________________________________ Commissioner or designee ATTEST: ______________________________________ Angela Whitworth, Treasurer LICENSEE: _______________________________________ (Title) Sworn to before me this _______day of _________________, 20____. ________________________________________ NOTARY PUBLIC My commission expires _____________, ______. EXHIBIT ‘A’ (Attach the Application and Permit for Special Encroachment with approved drawings or the final working drawings for a Department-approved construction) EXHIBIT “B” STATE OF GEORGIA CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the entity which is engaged in the physical performance of se rvices with Georgia Department of Transportation (government) has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned will continue to use the federal work authorization program throughout the contract period and the undersigned will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit with the i nformation required by O.C.G.A. § 13-10-91(b). The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Government Entity _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: 11 1 HOME OF ' - 1v I, Li i IN ESTAM-ISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.009 AC of Right of Way and 0.057 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $42,100. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K APPROVED O NOT APPROVED -4 - ATTORNEY APPROVAL REQUIRED: YES ONO -G�� ATTORNEY REVIEW REQUIRED. YES ONO APPROVAL BY &T -y` ATTORNEY kAPPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS _ *** PHONE: 678.242.2500 FAX: 678.242.2499 „Green~` v *Cerrified* Top fou tV]LDLIFF Communit i "' Of info@cityofmilfonga.us I www.cifyofmilfonga.us y 13000 Deerfield Parkway, Suite 107 1 Millon GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.009 AC of Right of Way and 0.057 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $42,100. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.009 AC of right of way and 0.057 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 24 AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel:24 Tax Parcel ID#: 22 400111350449 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to of Millon an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1098 of the _2ndJ District, _2nd _ Section of _Fulton County, Georgia, and being more particularly described on Exhibit "A" attached reto and made a part hereof by reference. *4Z,tp0 For the sum of $ t3 ;k9t tft the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A", The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed, .009 Acres of Right of Way Linear I -eel of Li iess ��" 057 Acres of eiardan etion and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now In possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option wlli ripen these presents into a contract to sell and bury without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, and4ha fay h,., d�PrGinryed�viltwa rapt�llite-te said�rapeHy, bye®aePaf=eave�ar s afdwarr. rfry-ag$tnstar�y etair�ts-aadder�arrd I-13ersow,,whom8oeivac 7) Special Provisions, if any, are listed on Exhibit "B", which is attacheer to and incorporated herein by reference. Witness my hand and seal this day of A� Signed, Sealed and Delivered in the presence of: Witne Notary Public Property Owners Address: %I77 ,.. l 3a o Telephone1Cantact Number. 7d - ,p3 - 1644 (Seal) Approved -City of Milton Note: The above amount includes a Cost to Cure for Landscaping and Irrigation. HOME OF ' MILTON% ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.471 AC of Right of Way and 0.307 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $402,300. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. XAPPROVED GiT— ATTORNEY APPROVAL REQUIRED: (KYES CITY ATTORNEY REVIEW REQUIRED: �) YES APPROVAL BY-GPTY ATTORNEY APPROVED PLACED ON AGENDA FOR.- REMARKS OR.REMARKS © .* Ynu(M PHONE: 678.242.25001 FAX: 678.242.2499 infoftityofmiltonga.us j www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 () NOT APPROVED () NO () NO () NOT APPROVED Green-. ti. -I Community *Cerci#led* TapiW Ethics �,a1 M To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.471 AC of Right of Way and 0.307 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $402,300. __________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.471 AC of right of way and 0.307 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 22 AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 22 Tax Parcel IDf1: 22-400111027 GEORGIA, FULTON COUNTY For and In consideration of the sum of One Dollar ($1,00), receipt whereof being acknowledged, the undersigned grants to C ity of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through thattract or parcel of land located in Land Lots 9098 and 1135 of the _2nd_ District, 2nd Section of_Fulton County, Georgia, and being more particularly described on Exhibit 'XVached hereto and made a part hereof by reference_ '140t i 3 so (49 For the sum of $ 365,81 "&. the undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: J10 140"0,L&,4- AMOS 4.6 deuvCb. 1) This option shall be irrevocable for a period of 90 days from this date. 8� 1 rw er-7NO.. etr-f'ht 2) The consideration recited is full payment for the rights convoyed. 0.471 Acres of Right of Way Linear F t of Limit d Access 0.307 Acres of :a seF onstruction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Millon at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address slated below. The exercise of said option will ripen these presents Into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, errd-tlaai�tf�eiersigr�ec-willv�arranFtiHearseid�PraFrort�, , _ __tea 1-4.. -JS .nf�lLYsfa A1•IA�Uf FYf@RAVR6. — .. 7) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto a in o orated herein by reference. Witness my hand and seal this _. j day of \ O Signed, Sealed and Delivered in the presence of: Witness Notary Public Property Owners Address: 4-1-4r L 4-r,-,'& -P,,, TelephonelContact Number: Approved -City of Milton HOME OF ' r?' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.007 AC of Right of Way and 0.085 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $37,000. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (} NOT APPROVED --94-T-Y ATTORNEY APPROVAL REQUIRED: YES { } NO C� ATTORNEY REVIEW REQUIRED: K) YES (} NO APPROVAL BY QT�K TTORNEY KAPPROVED n (eO T APPROVED PLACED ON AGENDA FOR: 0,$1 1 1 � REMARKS ©youQ ®*** PHONE: 678.242.25001 FAX; 678.242.2499 Green ;certifcd Iop100 WILTILIFFCommunity EthiGa info4cifyofmiltonga.us I www.cifyofmiltonga.us ,,ate 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004"�' To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.007 AC of Right of Way and 0.085 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $37,000. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.007 AC of right of way and 0.085 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 22A AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel: 22A Tax Parcel IDII: 22 400111135 028 GEORGIA, FULTON COUNTY For and in consideration of the sum of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to CiN of Milton an irrevocable option to acquire the following dosoribed real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1098 & 1135 of the _2nd_ District, _2"d_ Section of —Fulton_ Coun(y, Georgia, and being more particularly described on Exhibit "A" attache erelo and made a part hereof by reference. 1$37,aae For the sum of $-1", 00.9x3, t e undersigned agrees to execute and deliver to City of Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". The following conditions are imposed upon the grant of this option: 1) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full paymenf for the rights conveyed. ..007 Acres of Right of Way Linear P -et ofim'tAccess .085 Acres of ra'ae truction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Milton at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specifically waived by City of Milton and by notice, in writing, Of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing, 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said properly, in fee simple, enebthei-ttaeKsrrdesaigned-wall-warrt�title-laid-propey .fdy�6nefchi.6UU.�4ia�ts�af-w&riiRFYtjt�cig� I�f'277yy�lairR9 77R�ftelfiFHFl�iS�ef-Bit-j�Br�A�S�lli�lnmsnavP69 7) Special Provisions, if any, are listed on Exhibit "B", which is attached hereto and incorporated herein by reference. The above offer amount Includes a Cost to Cure for landscaping Witness my hand and seal this 0 day of M4 "t '7'( Signed, Sealed and Delivered In the presence of: Witness Notary Public Property Owners Address: Z 5- S /ajGo.. 4 /,?o Telephone/Contact Number: '776 t5ea�1 Approved -City of Milton HOME OF ` ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.024 AC of Right of Way and 0.097 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $63,700. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: V\ APPROVED (} NOT APPROVED GI FV ATTORNEY APPROVAL REQUIRED: YES () NO Gf-'r'ATTORNEY REVIEW REQUIRED: K) YES ()NO APPROVAL BY CfrY TTORNEY KAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: e $ t t S REMARKS © -* Youl Green'�a *ce�tr�* Top�a� PHONE: 678.242.25001 FAX: 678.242,2499 info@cityofmiltongmus I www.cillyofmiltongams ++m� Community i s�,;t, r� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.024 AC of Right of Way and 0.097 AC of Construction Easement at McFarlin Lane from JW Homes, LLC for a Combined Purchase Price of $63,700. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.024 AC of right of way and 0.097 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 12 AGREEMENT TO PURCHASE REAL ESTATE Project: CSHPP-0007-00(313) Parcel:l2 Tax Parcel ID#: 22 4001 1 1350381 GEORGIA, FULTON COUNTY For and in consideration of the sunt of One Dollar ($1.00), receipt whereof being acknowledged, the undersigned grants to C LtY of Milton an irrevocable option to acquire the following described real estate: Right of Way and/or Easement rights through that tract or parcel of land located in Land Lot 1097, 1098, and 1135 of the _2nd_ District, _2"d _ Section of _Fulton County, Georgia, and being more particularly desced on Exhibit "A" attached hereto and made a part hereof by reference. riEa .3'?tv8- For the sum of $"53the un ersigned agrees to execute and deliver to Clt o,_ ff Milton fee simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A", The following conditions are imposed upon the grant of this option: t) This option shall be irrevocable for a period of 90 days from this date. 2) The consideration recited is full payment for the rights conveyed. .024 Acres of Bight of Way Linear W,Laf Limitedess 097 Acres of RsuaQta o ction and Maintenance Easement Acres of Temporary Construction Easement 3) All Temporary Easements will terminate upon completion and acceptance of the same by the Department of Transportation. 4) The undersigned shall obtain all quit claim deeds or releases from any tenant now in possession and any other parties having a claim or interest in the property described above. 5) Said option may be exercised by City of Millon at any time during the period stated, but only following notification and receipt of waiver from any and all lien holders of record unless specificaily waived by City of Milton and by notice, in writing, of the election to exercise said option, delivered to the undersigned person at the address stated below. The exercise of said option will ripen these presents into a contract to sell and buy without the necessity of any further instrument in writing. 6) The undersigned covenants that, upon the exercise of this option by City of Milton, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convoy, and cause the be conveyed unto the City of Milton unencumbered, marketable title to said property, in fee simple, �radaGi#��dars►gl>��'+��~ -dJi .. 7) Special Provisions, if any, are listed on Exhibit "13', whircchh is attached hereto and prp rated herein by reference. Witness my hand and seal this _ ! -4Jay of Signed, Sealed and Delivered in the presence of: Witness Public Property Owners Address: TelephonelCon tact dumber: (Seal) Approved -City of Milton Note: The above amount includes a Cost to Cure for Landscaping and Irrigation. HOME OF M.1 s N ESTABLISIIED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.797 AC of Right of Way and 0.477 AC of Construction Easement at 12608 Crabapple Road from Itaska Walk, LLC for a Combined Purchase Price of $420,000. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. x APPROVED (} NOT APPROVED -e1� ATTORNEY APPROVAL REQUIRED: YES ONO eff-rATTORNEY REVIEW REQUIRED. YES () NO APPROVAL BY GfT'f-ATTORNEY V APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS © J# YauJM 0 .u. * * * Greene ; ce«fied , PHONE: 678.242.2500 FAX: 678.242.2499 �.,�},,,� info@cityofmilfonga.us I www.cifyofmiltongo.us +�� Community ;�ehicsi 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 �'"' �'e`� To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.797 AC of Right of Way and 0.477 AC of Construction Easement at 12608 Crabapple Road from Itaska Walk, LLC for a Combined Purchase Price of $420,000. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.797 AC of right of way and 0.477 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 6 AGREEMENT TO PURCHASE REAL ESTATE Project: CBHPP-0007.00(313) Parcel:6 Tax Parcel IDA: 22 4000113803!4 GEORGIA, FULIO COUNTY For and In conaideralIon of the sum of One f]alfar ($1.00), receipt whereof be Ing acknowledged, the underaigned grants to 9& of Milton an Irrevocable op11an to acqulre the following des orbed reel estate: might of Way andlar Easement rights through that tract or parcel of land located In Lend Lot 1138 of the 2nd "$1doL,,,0_,_, Seetlan of, FultaTL____ County, 0sargte, and being more partlaularly described on l xhiblt "A, attached hereto and made a a areal by reference. $4120,000,00the �� ForltTasisrn of �-949�p4,11� the vndera nod agnaee to eKBcul9 and deliver to lily of MiEtan fee simple title and sgeament9 to the tends owned by €he undersigned as reflected on the sitachad Exhibit ,A . . . . . . . . . . . . . . . . . I . . . . . . . . . . I .......... The following condlllons are Imposed upon the grant of thia option - 1 ) ption: 1i This option shall be irrevocable for a period of 90 days from lhls dale. If the Optlon has not heen exerclsecl prior to such alma, the Option will tarminnts. 2) The condderallon recited Is full payment for the rights conveyed. .797 _ !!ores of Right cf Way Lfnear Feet of Llroited Acoese �A s of Permanent Constructlon and Maintenance Easement ,477 Acres of Temporary Construction Easement S) Alf Temporary Easamente vvf[I terminate upon completion and acceptance of the same by the Department of Tiansporlatlon. 4) The underelgned shall obtain ail quit rlatm deeds or releases from any tenant now in possession and any other pante$ having a ctWm or Interest In tha property described above. 6) Sold option may be exercised by City of Milton at any time during the period stated, but only following nol lrrootl on and recelpt of waiver from any end all lien holders of recard unless specifically waived by City of Millon and by notloo, In writing, of the eleotlon to axerclse sold option, delivered to the undersigned person at the address staled below. The Bxerc€ee of sold option Wil ripen these presents into a contract to sell and buy wllhcuI the necessity of any further Instrument In writing. 6) The undersigned covenants that, upon the exercise of this optlon by City of Milton, and upon the payment of the agreed upon purchase price as heroin provided, the undersigned wird convey, and cause the be conveyed unto the pity of Milton unencumbered, marketable We to cold property, in fee simple, and that the undersigned will warrant title to said property, by general covenants of warranly, agalnet any cialme and demands of all persons whomsoever, 71 Spacial Provisions, if any, are hated on Exhibit "B", which is attached hereto and Incorporated heroln by reference. Witness my hand and sea] (his day of L&`/ UI Signed, Sea a Delivered In the prose of: , f I Witness 1 (Seal) Notary F)Lblle Approved- lly Wl� Properly Owners Address: I G{ o V rtu2}Ir_ 9oAO , S.)rT-6 -zoo Telephone/Contact Number: &7V — Z. `7 7 v MOM NtfTARYPIII W !tl=M1" [ MWA m x s 1 a No Text fib i #�� � ; { 14191111 - a a111 � list o-"chF "ffiYbpr�3P gp'f�RBa?x! ;_AY$�+piseLxa�iR#" snsaeav�uyE�Es ?eu��Agp7a Al' �A�ITmp;gC aYgC�bgk ya pRGaeekq � r RA-q'�„ _ k4� 8� . . s Qict a as p 3�. cl 8 y917;X�X k_lB�Sryl1 _- gg pppp $ p yy �i E r i E: i n 11151, KipAyA; g�� 6 M1 Rias#ea4 a ata �Ei s: 01 $ L R kMAi` `rkn#�k z : "�Qear�a�xa_s a oM1a=ap"na4a$IR. B L i t C L L r g t t t C EXHIBIT "A2" PROJECT NO. CSHPP-0007-00(313) Fulton Courtly P. I. NO.: 0007313 PARCEL NO.: 6 DATE OF RrW PLANS: May 23, 2014 REVISION DATE: November 14, 2014 Page 1 of 4 REQUIRED RIGHT OF WAY All that tract or parcel of land lying and toeing in Land Lot 1136 of the 2"d Lane! District, 2"d Section of Fulton County. Georgia, being more particularly describers as follows: Beginning at a point 30.31 feet left of and opposite Station 202+58.55 on the construction centerline of SR 372 (Crabapple RD I Mayfield RD) on Georgia Highway Project No. CSHPP- 0007-00 (313); running thence N 0057'55.9'E a distance of 23.99 feet to a point 54.08 feet left of and opposite station 202+61.83 on said construction centerline laid out for SR 372 (CRABAPPLE RD) 1 MAYFIELD RD; thence northeasterly 127.25 feet along the are of a curve (said carve having a radius of 120.50 feet and a chord distance of 121.42 feet on a bearing of N 42°0(Y36.1" E) to the point 32.51 feet left of and opposite station 104+24.45 on said construction centerline laid out for CRABAPPLE CHASE DRISRANYAN TRLIMCFARLIN LN; thence northeasterly 307.47 feet along the arc of a curve (said curve having a radius of 290.00 feet and a chord distance of 293.27 feet on a bearing of N 42"07'56.5" E) to the point 32.32 feet left of and opposite station 106+97.74 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence N 72030'22.6" E a distance of 52.02 feet to a point 32.58 feet Ieft of and opposite station 107+49.76 on said construcWn centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 0`55'06.5" W a distance of 52.78 feet to a point 17.58 feet right of and opposite station 107+33.34 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S W5W46.3" W a distance of 19.39 feet to a point 36.00 feet right of and opposite station 107+27.29 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 72647`42.0" W a distance of 55.43 feet to a point 34.77 feet right of and opposite station 106+68.09 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence southwesterly 168.25 feet along the arc of a curve (said curve having a radius of 174.00 feet and a chord distance of 151.77 feet on a bearing of S 45.05'36.6" W) to the point 33.44 feet right of and opposite station 104+76.08 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence southwesterly 145.88 feet along the arc of a curve (said curve having a radius of 71.00 feet and a chord distance of 121,54 feet on a bearing of S 41°28'05.2" E) to the point 43.93 feet left of and opposite station 205+07.39 on said construction centerline laid out for SIR 372 (CRARAPPLE RD) I MAYFIELD RD; thence N 79°4018.4" E a distance of 84.83 Feat to a point 40.00 feet left of and opposite station 245+83.48 on said construction centerline laid out for SR 372 (CRABAPPLE RD)1 MAYFIELD RD; thence S 0059'38.7" W a distance of 4.84 feet to a point 35.32 feet left of and opposite station 205-x92,22 on said construction centerline laid out for SR 372 (CRABAPPLE RD)1 MAYFIELD RD; thence a distance of 329.97 feet back to the point of beginning. 8aid tract Contains 0.797 acres more or less and Is shown colored yellow on the attached plat. EXH18iT "A2" PROJECT NO.' CSHPP-0007-00(313) Fulton County P. I. NO.: 0007313 PARCEL NO.: 6 DATE OF RNV PLANS: May 23, 2014 REVISION DATE: November 14, 2014 Page 2 of h TEMPORARY EASEMENT -Tract 1 TEMPORARY CONSTRUCTION EASEMENT FOR SLOPES Also granted Is the right to construct any required slopes within the easement area as outlined below. All that tract or parcel of land lying and being in Land Lot 1136 of the 2.°d Land District, 2"d Section of Fulton County, Georgia, being more particularly described as follows: Beginning at a point 54.08 feet left of and opposite Station 202+61,83 on the construction centerline of SR 372 (Crabapple RD 1 Mayfield R❑) on Georgia Highway Project No. CSHPP- D007-DO (313); running thence N 0°57'55.8" E a distance of 47.36 feet to a paint 101.00 feet left of and opposite station 202+68.49 an said construction centerline laid out for SR 372 (CRABAPPLE RD) I MAYFIELD RD; thence N 51'45'05.9" E a distance of 22.68 feet to a point 91.00 feet left of and opposite station 943+95.00 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRL.IMCFARLIN LN; thence N 29000'01.7" E a distance of 130.45 feet to a paint 59.52 feet left of and opposite station 1044-93.04 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence northeasterly 203.06 feet along the arc of a curve (said curve having a radius of 275.00 feet and a chord distance of 198.47 feet on a bearing of N 50'0913.2" F) to the point 43.23 feet left of and opposite station 106+50.29 on said Construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence N 70°09'54.7" E a distance of 99.49 feet to a point 45.OD feet left of and opposite station 147+53.83 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence 5 0°55'18.5" W a distance of 13.07 feet to a point 32.58 feet left of and opposite station 107-+49,76 on said construodon centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 72°30'22.6" W a distance of 52.02 feet to a point 32,32 feet left of and opposite station 106+97.74 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN: thence southwesterly 307.47 feet along the arc of a curve (said curve having a radius of 290.00 feet and a chord distance of 293.27 feet on a bearing of S 42°075&5" W) to the point 32,51 feet left of and apposite station 104+24.45 on said construction centerline laid out for CRABAPPLE CHASE DR/BRANYAN TRLIMCFARLIN LN; thence a distance of 12.7.25 feet back to the point of beginning. Said tract contains 0.280 acres more or less and is shown colored orange on the attached plat. EXHIBIT "A2" PROJECT NO., CSHPP-0007-00(313) Fulton County P. J. NO.: 0007313 PARCEL NO,: 6 DATE OF RIVd PLANS: May 23, 2014 REVISION DATE: November 14, 2014 Page 3 of 4 TEMPORARY EASEMENT - Tract 2 TEMPORARY CONSTRUCTION EASEMENT FOR SLOPES Also granted is the right to construct any required slopes within the easement area as outlined below. Alf that tract or parcel of land lying and being in Land Lot 1136 of the 2'd Land District, 2"" Section of Fulton County, Georgia, being more particularly described as follows' Beginning at a point 40.00 feel left of and opposite Station 205+93.48 on the construction centerline of SR 372 (Crabapple RD 1 Mayfield RD) on Georgia Highway Project No. CSHPP- 0007-00 (313); running thence S 79°40'18.4" VV a distance of 84.83 feet to a point 43,93 feet left of and opposite station 205+07.39 on said construction centerline laid out for SR 372 (CRABAPPLE RD)1 MAYFIELD RD; thence southwesterly 145.88 feet along the arc of a curve (said curve having a radius of 71.00 feet and a chard distance of 121.54 feet on a bearing of N 41'28'05.2" W) to the point 33.44 feet right of and opposite station 104+76.08 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence northeasterly 168.25 feet along the are of a curve (said curve having a radius of 174.00 feet and a chord distance of 161.77 feet on a bearing of N 45°05'36.5" E) to the point 34.77 feet right of and opposite station 106+68.39 on said construction centeriine laid out for CRABAPPLE CHASE DRISRANYAN TRLIMCFARLIN LN; thence N 72°47'42.0" E a distance of 17.43 feet to a point 35.92 feet right of and opposite station 106+88.00 inn said construction centeriine laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 18'46'31.2" E a distance of 13.03 feet to a point 48.95 feet right of and opposite station 106+88.00 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 70°35'26.0" VII a distance of 54.62 feet to a point 39.50 feet right of and opposite station 106+10.00 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence S 40°12'29.2° W a distance of 50.04 feet to a point 45,00 feet right of and opposite station 105+50.00 on said construction centerline laid out for CRA13APPLE CHASE DRIBRANYAN TRLIMCFARLIN LN; thence southwesterly 164.94 feet along the arc of a curve (said curve having a radius of 64.12 feet and a chord distance of 123.08 feet on a bearing of S 21°5021.0" E) to the point 65.94 feet left of and opposite station 205+19.75 on said construction centerline laid out for SR 372 (CRABAPPLE RD)1 MAYFIELD RD, thence N 81°43'14.2" E a distance of 77.43 feet to a point 59.34 feet left of and opposite station 205+98.75 on said construction centerline laid out for SR 372 (CRABAPPLE RD) 1 MAYFIELD RD; thence S 0°59'42.1" W a distance of 20.02 feet back to the point of beginning. Said tract contains 0.169 acres more or less and Is shown colored orange on the attached plat. EXHISIT "A2,° PROJECT NO.; C SHPP-0007-00(31 3) Fulton County P. I. NO.: 0007393 PARCEL NO.: 6 DATE OF RIW PLANS: May 23, 2014 REVISION DATE: November 14, 2014 Page 4 of 4 TEMPORARY EASEMENT — Tract 3 TEMPORARY CONSTRUCTION EASEMENT FOR SLOPES Also granted is the right to construct any required slopes within the easement area as outlined below. All that tract or parcel of land lying and being in Land Lot 1136 of the 2"d Land District, 2"d Section of Fulton County, Georgia, being more particularly described as follows: Beginning at a point 39.25 feet right of and opposite Station 106+88.D0 on the construction centerline of SR 372 (Crabapple RD I MayfWd RD) on Georgia Highway Project No. CSHPP- 0007-00 X313); running thence N 72'47'42.0" E a distance of 38.30 feet to a point 36.00 feet right of and opposite station 107+27.29 on said construction centerline laid out For CRABAPPLE CHASE DRIBRANYAN TRLIMCFARL}N LN; thence S 0'59'46.3` W a distance of 41.05 feet to a point 75.00 feet right of and opposite station 107+14.46 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRLIMCFARLtN LN; thence S 73035'57.0" W a distance of 24A2 feet to a point 74,59 feet right of and opposite station 106+88.00 on said construction centerline laid out for CRABAPPLE CHASE DRIBRANYAN TRUMCFARLIN LN; thence N 18040'39.2" W a distance of 38.67 fest back to the point of beginning. Said tract contains 0.028 acres more or less and is shown colored orange on the attached plat. ixlribit " B" Special Provisions CS14PP=0007-00(313) PI 0007313 Fulton Parcel 6 1. Permaiieiat E enjen1.The..pet'miient'ememetxt ►,vial be converted to a tempnraiy easement (See herr} #7::for ezplanatian):. 2: Term orar.. d'onkractloii`Lasdmeat.- The Tem!)mmy Construction Easement shall be upo l: tire;real.proper ,y lti:Farb�l.6 identified by the shade d are therein, apprnxirrtatel}+.: X77 a :fix3ii ii "M attached (tie "Easement Property") The Te ripor��: Cabstiatctis it"L�a. i t' l}X xpire:upciiy'tha fiest of the folio to occur 1. coml3l 60 rail' nal acceptance%s� - iepioj ct by the Georgia Department of Transportaft-li- :Crl3C T}1 ty=of wIiiKan, or {2}_eighteen months from the date the GDOT cobstOM06 liegia s:o srtli ect lzrogtSLy; During the period in-wWoh the temporary constriletioar easement. exies';.SeUe'r sbOl. retain the right to.construct and travel upon the EpseemeAt Pxoper:ty`ppon;wvi Pafi6R a th Pur.chaser and GDOT. The Temporary Construct on Easetziept=will.aulotaatioally-expire on December 31, 2018. if construction. has not been couxpleted by l.�=rnbr':31 }:2019, and it is necessary for tlSe GDOT Cont actor' t :utilize +t�e�r enfi_ !fie :..or-portians of the temporary easement area, Gzfantor 7 i successor'-VII t gree to go, jtgza extension of the temporary easernent to GDOTin exchatage tfr:�t�nt:pea�st�,uare foot of the Ease�merit Property paid to Grantor 4Add On curt�erii n a t:: tes.: ;All. c will be. for the related work of said project. RS r7 .. h4u h P 'c The Purrahase Pres for the Required Right of Way, which: s 'd�sctibe in: Zxlilijt 1%V atta.chgd, a<nd the Temporary Construction Easement shall be FOUR HUNDRED `l `Wp_NTY'T1j4'CTSAND AND N01100 DOLLARS ($420,000:0.0).: 4. Sellzr 0bliga ; Seilt±i. shall obtain all quit claim deeds or releases fro.rh ;stay tenant t pwih:;posaossice o the Property and any other parties having a claim or: inter .t in the I'i'opO I)AW'to Clow: 5: Cl, osier. The:{Closing-4411.be held. wjon 90 days of approved Agreement.:'(by GDOT), pxovi[Ied::,,w,,, can deliver. cletir titre: The closing will .be condtwted by CiCy Att�rnery. The Clr�s ng.. na3i }ie=ondstctod%via courier delivery or other -agreed upon reniote process. 6. Deliveries At losin ,'Gn the -Closing Date, the Closing shall. occur as follavys, subject to satisfactiorn of all of the: terms and conditions of this Agreement, and with all of Pur6hasees deliveries to -lie made. Concurrently with Seller's clellveries: Tit Seller shall convey to.Purchaser Marketable Title to the:PropOly in fee simple by limited warranty deed, duly executed., witnessed and notarized."dInaecordabJe form (together with therequiredV_: 7pies of ithe. Oema:gia'transfer tax declaration. therefor-). Possessio":: Sellershall deliver possession :of the property to PuichasdL iiuiiie liatelya=;C-psing Purchase Price,. Purchaser shall pay to Seller the Purchase Price fob the. – iTgperty in the nisiiner provide�l.Paragraph .3 of this Agieeinent. 7; tt Y,r is tri. Re�no�ed Dirt :Seller shah. be eiit d6d to any dirt to he removed fi dhi l�40 the -Required. Right. of W y.. ad.. he :Easement<P�.�opeety at no cast to Seller for the purpose>oi' iaaiantiq , tl3e.4ie.a£"Seiteeg%Mma"1ing PiOperty. :slier -has lil lit a putts art �valis ar�t"}. altothe City of Milton. AppSell elebai ,WcoistrudLet£pi 0007313. (Site plan is -attached –Exhibit "Cs; plans: to` ii .dev�r�p rii t prior to beginning of construction of Pi 00f7737.3: Sell willgrade the,pxoposed r°adway as shown on the attached site -plan. The sitY�gi d6'isf: th p �bposed. �i.WWay -WE .match the elevation needed for the proposed pa�atect PX. Q001*3I3. Seller mill: also grade shoulders which will eliminate the reguiixement fot iixucll: bf a prgpvsed mope ca struction as shown on the regpIred raadw.ay 0S- sections. (See. Athe[ii' cess seed ons – Exhibit "BThis will be a cash: saving: to 'OD:OT1.City afUiii auling the construction process. All of the proposed :worl�. will -bb%.spproved;by the:. r of Nitor►.in cooidination with P�0007313 activities in otft • $, a ionafioil of`E ''Orli shall pay all. costs incui7ed i ;restorinp.the Easeme,it Pzaperty tb::a..;raasdi ably fUshed and safe condition. Additionally; #v ice sbAl,. to fhe extent; if any, allowed by law, indemnify, defend and hold Seller har"ess from any and. all- claims .atising. from .activities taking place on the Easement Property du'c xig:the TeATA ofthe;tenripoauy canstrucfion easement. :..ReseiVatian af.Aceess. Seller shall retain the right of ingress and egress ovor;...ac1 and under t{ie-Papiy t9'.1's retnainii�g adjacent property for the puipose of veliicuiai and r th6TVpp. ae ess; ::i gess: and egress to and from said.. properly. The ingress And egxess includes entrance acid: driveways. at various ;properties and.access w the irsteisectio�n :?Dads ai stets;. Via' will coordinate with GDDT1City of Milton contractor in regakft tJ0%,C cress to make sure there are no contliets. 10. Laird Distu •bane Pearl t, Cijy of Witon consents to .a Land Disturbance Permit application for Sellers .devel4pxnent,:prior to the start of GDOT construction Project PI 0007313. City of Milton atxd Sellex agree, to execute all necessary documents to Obtain said permit. (This:pernlit .is.required lay City of Milton prion to development b4nning on the site by Seller). City of miltou will, work to ensure the GDQT contractor coordinates witli Seller on. elevations and grading that may be underway prior to the start. o€- construction on PI 04073.13. tote: The :design engineer contact for parcels: �=ar :1 'WA1: be "Steve Rowe bf AEC at phone number 678-990-2384. 1:1 D ons of Uiwfin Bio sas.. P'uxchaser agrees to demolish one two -stogy IiouSa With t gas service; FuI& septic. -tank .at no expense to Seller (".140use 0"), Piac�ttser `���It3Cx1.,. alar agrees to �lexi'ioliSl : oue.'anestcry :frame Douse at no expense to Seller ("Housr- 02"). VA Hass:#2 s.rriitsiiChg'giied•CIV; However the heating sotu0e is inside.tlte.f'egt?ied Row. Since .ljptrso �> Iras no' :�onti•ibutory value acid the hea#ing soul -do, rias .to be rerrioved and.14 c0hhected tak e>bouse, City of Milton hag:agreed to rerrrove House #k2: House#.1 and -House #2 are-s� QW11::oil E hji it "D" entitled "Iproperty Management Plan' attached hereto, S.elle€ agrees to : grant access and any necessary demolition easeinents :to Purchaser ss needed to cat y out.dernolition. 1'r,� t5eeiirion :. " a$ 'well -.take. protective measures and work with GD.OT. to :#fie ave riaeasti td. rote -et the.two healthy specimen trees identified in EKE ibIO--!=as 3" t d ag�";O* xesspecjjveiy.. Both trees are tagged in Exhibit "D" aid =Tkleer �' 7 tl :;e t `4 s do not. suNive, the parties agree that neither .fZa V :will Epee :. for .Elre lost trees. Purchaser. and Seller aelciinw.ledge that db& will remove 'Sr separate specimen trees in order to car7rplete the road p17aject. Additionally, . More specimen :gees will, be:rein 'fed due: -to declining health. City of Milton agr-ees that. the removal of these.9 trees .will not require tree recompense to l� paid .by either party or Ony Other affiliated:party. ���� .._Taal F� e:Errefian e; Drees to cooperaI.te with Seller in the event that Seller is tQ t vamp em a `i lte3kind e7CGhane' under Section 1033 of the Internaf.. Revenue de al �9SS tas aMei�rS�d�?..�rbAd6d drat such exchange shall be accornplfshed Without :any �dditi'oiaal;cost, expeiS��C�iliky�or delay to Pd�l��.-` i ���' � . -�`�� �. 1�. s n ts. City of iC ziioh;.shall past :tire foilowing. costs arid: expenses: the recording and filing fees (ether- than :tradssfea. In with respect to the conveyance. iieed) for all recordable instruments executed and' delivered by Seller at the Closing pursuant to the ternrs of this Agreement; an y: title:exatmina on fees or charges:incnrred by Prrrelzaser;: the costs of tho survey, if any (as outlined in the.iiicidental Payments letter); tite transfer tax duo with respect to.the conveyance deed.hy. which the.Property is conveyed'to.Pi�r�Eaaser�;: -anti expenses. of Purehaser'.s attorneys; and any other costs and expenses;tuafly Woo �ly-Farch.a.. of.... se ce.- el a t1 e. gsence. of this Agreement. i�rerrr it¢: Laid T..h AgreM-eft shall be construed, interpreted and` enforced in accordance witfr the laws is GOorg a:. 17. Modi cation. This Agreement shall not be modified or amended in any respect except b + a writtendOMAunIent executed by or on behalf of each of tine parties to this gr$ementx carr ept: �is:exgressly provided in this Agreement. Atfaei�ttrents; Exhbi['�C` _ SS[e Plans.. EXf jbjV ]D" -.PilDperfy Mauagerneiit.Plan �xliilslt' " ,,Cross Secd0ns N HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Approval of the Acquisition of 0.041 AC of Construction Easement at Crabapple Road from itaska Walk, LLC for a Combined Purchase Price of $21,900. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED {) NOT APPROVED -Ef '?'� TTORNEY APPROVAL REQUIRED: K) YES () NO —C777 A TTORNEY REVIEW REQUIRED: �j YES O NO APPROVAL BY-ef Y�ATTORNEY VAPPROVED O NOT APPROVED PLACED ON AGENDA FOR: b81�r�� REMARKS © YOUEM PHONE: 678.242.2500 ! fAX: 678.242.2499 Green` ;ryr. roQaou info@cityofmiltonga.us I www.cityofmiltonga.uswpm 11AILIFE Community 1'`a"� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 T To: Honorable Mayor and City Council Members From: Sara Leaders, PE – Transportation Engineer Date: Submitted on August 6, 2015 for the August 17, 2015 Regular Council Meeting Agenda Item: Approval of the Acquisition of 0.041 AC of Construction Easement at Crabapple Road from Itaska Walk, LLC for a Combined Purchase Price of $21,900. ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: To provide for SR 372 (Crabapple Rd/Birmingham Hwy) intersection improvements the acquisition of 0.041 AC of construction easement are required. Funding and Fiscal Impact: Funding for this project is available in the Mayfield @ Mid Broadwell capital grant fund account and 80% of the purchase price is reimbursable. Alternatives: N/A Legal Review: N/A Concurrent Review: Chris Lagerbloom - City Manager Attachment(s): Purchase Agreement Parcel 18 AGREEMENY TO PURCF9ASE REAL ESTATE PfoJeU: CSHPP-0007-00(313) Paroal: 10 Tex Parcel ID.. 22.4000.1135-1553 GEORGIA, FULTON COUNTY For and In conelderalion of the sum of Ona Dollar (51.00), recelplwhereof being acknowledged, the underalgned grants to CUy of Milton an Irrevocable option to acquire the following described real estate: Right of Way antl/ar Easement rights Ihraugh Ihel tract or parcel of land located in Lend Lot 1195 0l the _2nd_ n�p) District, _2nd_ Section of _Fulton County, Georgia, and being more particularly described on �( Exhibit "A" attached hereto and made a part hereof by reference. $21,900.00 For the sum of S447090=. the underalgned agrees to execute and deliver to City of Millon fae simple title and easements to the lands owned by the undersigned as reflected on the attached Exhibit "A". . . . . . . . . . . . . .. . . . . . ............ ........ .. The following conditions are Imposed upon the grant of this opllon: 1) This option shall be irrevocable for a period of 90 days from (his date. If the Option has not been exercised prior to such time, the Option will terminate, 2) The consideration recited is full payment for the rights conveyed. _Acres of Right of Way Linear Feet of Limited Access 0:041 Acres of Permanent Construction and Maintenance Easement 11.041 Acres of Temporary Construction Easement 3) All Temporary Easements will terminale upon completion and acceptance of the same by the Department of Transportation. A) The undersigned shall obtain all quit Balm deeds or releases from any tenant now In possession and any other parties having a claim or Interest In the properly described above. 5) Said option may be exercised by City of Millon at any time during the period stated, but only following notification and receipt of waiver from any and all Ilan holders of record unless specifically waived by City of Millen and by notice, in writing, of the election to exercise sold option, delivered to the undersignod person at the address stated below. The exercise of sold option will ripen these presents Into a contract to sell and buy without the necessity of any further Instrument In writing. 6) The undersigned covenants that, upon the exercise of this option by City of Millon, and upon the payment of the agreed upon purchase price as herein provided, the undersigned will convey, and cause the be conveyed unto the City of Million unencumbered, marketable title to said property, In fee simple, and that the undersigned will warrant title to said property, by general covenants of warranty, against any claims and demands of all persons whomsoever. 7) Special Provisions, If any, are listed on Exhibit "B", which is attached hereto and Incorporated herein by reference. Witness my hand and seal this 2 day of Signed,Seated and Delivered In the pr�annca 61: 7 Witne , (Seat) Nota Public Approved-Cityoi illon I Proparty Owners Address: I, 0 Su,rE IOU � .J Gn uGo4 Telophone/Contaot Number: dIl1EANN HAN9 NOTAAVPUSIIC NLTON COUHfY, GEORGIA AIYODMMISSIONE)IPIAF 16MEMSEA10.2018 n jam tug it WFIL :: �1 £� gg j+1� j•t' t•u II �C �i l.7li p j:•�dm Q \ r 7 e r.qy •1�� ; a'•. i' i a• w�; M -fig til:• ivav ftf i9 �mftft y H PHm gg Mug "„ NEWj $' fix, O-�x4'� y p9 $ 9 V 5 ti loft t lIDK 3K w•!W Ylt 3Y111f]lYll uY No Text n n P911 1P sill, - Hill I ''�! ����a � °�a� � � : a Ig 11P HIP e..fCy�nNrlh�p"WNN#FA#dgq%x�pN`N `•dk :�r ..�h Nd AYGar�;pl az..kW#'aRWWW_ a W.pN.. p a gCA�aA a"98tlyi'RaeSatlAa a�A M.C60BRR � �_? $y 'q9��'#YRan4G 9�sPa�gUaAsss`'9# Ba eO^ kA b8aM �� x Rpad dgaa !t n dpN?9 � � N°aqG 3na e � %a• �a e x�aynyp Yya;Agh �$��E nYa,n L sdnyY�A,drx a ain�r@ i} a ass a@ a asa as ga ®Q Ag •a; gg H s 3 dap fagg gg �� a Lr & 6 3i.3 u g gaFpu § 8 3. ';u#=saa#pu 3fig• " aWN#d?su�aaNdNcpW.:q;�apa?a�azxn $$:� �pH%HAAs 88C i9I '�6NL aY^:g�y; YipBaCtage�9pY:a:,.�.!"eBIVg:. 1Rh890gd a, 4 �a � @a8 i`gq`!e � ; • n8 a°� =yB9ap4ga a •�� ..Pain W^.r. .N. 'a'•9 . , i(o_ ! cceee c;cac c ggg¢¢g HR u' g! @e_R@@ 3�'''• � eR__, §s� I _:. ..uxad GaWAdi,ai r #dd.4#: s�N_a_aola#;axh5a na_>a:aa:a �9LAi "�s�iye_sa:asa:gaNR:aan ap?�€ s6 � �C' :oI as ? •�e`1 da"'9g746�5I i�iaa4z'{''3c`$d'e a��� �N% 'Na .aq'a�r 4 y•�} Sq ay.x7dl tlgaa 5li aa@e g �i1! „payNanagtl.aeuM1pn,}a:g.'a^Y apY 'M,i 11 4lot I as f( aaa i aaaa a� ' I i r EXHIBIT "A2" PROJECT NO.: CSHPP-0007-00 (313) Fulton County P. I. NO.: 0007313 PARCEL NO.: 18 DATE OF RAN PLANS: August 28, 2013 REVISION DATE: October 01, 2014 Page 1 of 1 Temporary Easement Granted is the right to construct any required slopes within the easement area as outlined below. All that tract or parcel of land lying and being in Land Lot 1135 of the 2nd Land District of Fulton County, Georgia, being more particularly described as follows: Beginning at a point 35.32 feet left of and opposite Station 205+g2.22 on the construction centerline of SR 372 (CRABAPPLE RD) /MAYFIELD RD on Georgia Highway Project No, CSHPP-0007-00 (313) ; running thence N 0°59'41.5" E a distance of 24.86 feet to a point 59.34 feet left of and opposite station 205+98,75 on said construction centerline laid out for SR 372 (CRABAPPLE RD) / MAYFIELD RD; thence N 81°16'20.5" E a distance of 149.47 feet to a point 41.36 feet left of and opposite station 207+50.00 on said construction centerline laid out for SR 372 (CRABAPPLE RD) / MAYFIELD RD; thence S 72°40'38.5" W a distance of 85.51 feet to a point 39.87 feet left of and opposite station 206+63.18 on said construction centerline laid out for SR 372 (CRABAPPLE RD) / MAYFIELD RD; thence S 71°38'50.9" W a distance of 70.11 feet back to the point of beginning. Said tract containing 0.041 acres more or less as shown colored orange on the attached plat. Exhibit "B" Special Provisions CSHPP-0007-00(313) PI 0007313 Fulton Parcel 18 Permanent Easement. The permanent easement will be converted to a temporary easement (See Item #7 for explanation). 2. Temporary Constructien Easement The Temporary Construction Easement shall be upon the real property in Parcel 18 identified by the shaded are therein, approximately .041 acres, as depicted in Exhibit "A" attached (the "Easement Property"). The Temporary Construction Easement will expire upon the first of the following to occur (1) completion and final acceptance of the project by the Georgia Department of Transportation (GDOT)/City of Milton.; or (2) eighteen months from the date the GDOT construction begins on subject Property. During the period in which the temporary construction easement exists, Seller shall retain the right to construct and travel upon the Easement Property upon coordination with Purchaser and GDOT. The Temporary Construction Easement will automatically expire on December 31, 2018. If construction has not been completed by December 31, 2018, and it is necessary for the GDOT Contractor to utilize the temporary easement area, or portions of the temporary easement area, Grantor or its successor will agree to grant an extension of the temporary easement to GDOT in exchange for rent per square foot of the Easement Property paid to Grantor je�4med on current market rates. All work will be for the related work of said project. 3. Purchase Price. The Purchase Price For the Temporary Construction Easement, which is described in Exhibit "A2" attached, shall be TWENTY ONE THOUSAND NINE HUNDRED AND N0/100 DOLLARS ($21,900.00). 4. Seller Obligations. Seller shall obtain all quit claim deeds or releases from any tenant now in possession of the Property and any other parties having a claim or interest in the Property prior to Closing. 5. Closing. The Closing shall be held within 90 days of approved Agre ement (by GDOT), provided owner can deliver clear title. The closing will be conducted by City Atta•ney. The Closing may be conducted via courier delivery or other agreed upon remote process. 6. Deliveries At Closing. On the Closing Date, the Closing shall occur as follows, subject to satisfaction of all of the terms and conditions of this Agreement, and with all of Purchaser's deliveries to be made concurrently with Seller's deliveries: (a) Title. Seller shall convey to Purchaser Marketable Title to the Property in fee simple by limited warranty deed, duly executed, witnessed and notarized and in recordable form (together with the required copies of the Georgia transfer tax declaration therefor). (b) Possession, Seller, shaltddliver possession of the Property to Puteliasgr unrnecirately after, Closing: 4(c) Pnrchiiis6 Price. Praclrasor shall pay to Seller. the Purchase .Ace. for tire. Proper(yyin the>manner provided Paragraph 3 of this Agreement. 7. Rights to Removed Dirt, Seller=sliall be entitled: to any dirt to be removed from the Easement Property at:no cost to'Seller for fhepurpose of balancing the site of Seller's remaining property. NOTEIrSollerhas submitted:: pians to the City of Milton, Approval is anticipated prior toeoai5ttuctlonletting"of PI:0007313, (Site plan is Attached — Exhibit "01 Seller has platts tq Uegin.cpi?_sirucfidri pl'ior to beginning of construction of PI 0007311 Seller will: grade Elie proposed i'oatiway as sliowir on the attachacl'steplan. The subgrade of the proposed roadway v, l]l:inafeh the elevation needed for the proposed Project PI 000.7313. Sellet,will also grade shoulders which will eliminate the requuetnentfor much of the proposed slope: constriictioh: as shown on the required roadwaycross sections, (See attached cross sections -Exhibit "D" ). This will be a cost saving to GDOT/City of Milton duriatgithe.Constructiota pfocess. All of the proposed work will be approved by the City ofMiltan in coordination wltb:Pl 0007313 activities hi order Chat there wd1 be ner conflicts 8, ltestmatioii of Easement Peoperty Pmareltin9er hall pay all costs incurred in.restoriag U e hasemeirt'Property,Iq; n xeasounbly fnirshod and safe condition. Additionally ,.•) "Clittscrt shall, to,tle extent ,•fany, allowed by law, indemnify, defend and hold Seller harmless from arty, €sad alt.cl dnS. arising from activities taking place on the Easer�`ont Prope r}' tlut'ing'the'^Term of the temporaryconstruction easement, 9;, R'oseryalion of Access. Seller-sball. retain the right of ingress and egress over, across and. vidder, the. Property to Seher's remaining adjacent property for the purpose of vehicular ,and, pedestrian access mgioos tend egress to and from said. property. The ingress and egress includes entrauco ltd exit via driveways at various properties and access to the intersection road3 and streets. Seller will coordinate with GDOT/City of Milton contractor in regards to coorclirttiting hecess:to mn$g sure there Are no conflicts, 10 Land DishubaiTce. Permit. City of Milton consents to. a Land Disturbance Permit: Application. for Sellers development prior to the start of GDOT construction project Pi 00'07313, to abth City of.lnXiltOil and Seller agree to execute all necessary docum$nts iil' said permit. (This peri litds requited by City of Milton prior to development bgR.umlun g a rtlne site by`S'eller).FCity'of Milton will work to ensure the GDOT contract6l,,"coordinates. wA Sa11gt on £levaftons artd',gracJiag that may be underway prior to the scarf of construction on PI0007313. Ngte: The ilesign engineer contact for parcelsi6 and 18 will be Steve Rowe of ALC at phone .mnnber 678-990380, 11_::Tax Free'Exchange;. 1'+kr:2l�sr'?agrees "to cooperate with Seller in the event that Seller eleots Co;:c=oinptete a `uike-t€iud exchange" under Section I033 of the Internal Revenue +Code of 1'986 -(as tifuended) provided tbait such exchange shall be accompllshed'without arty additional cost, ,expense, tiabilityordelay to•Ruroliaecar>. 'Vv�v V 2 1I Closing Costs. City of Milton shall pay the following costs and expenses: the recording and filing fees (other than transfer tax with respect to the conveyance deed) for all recordable instruments executed and delivered by Seller at the Closing pursuant to the terms of this Agreement; any title examination fees or charges incurred by Purchaser; the costs of the survey, if tiny (as outlined in the Incidental Payments Letter); the transfer tax due with respect to the conveyance deed by which the Property is conveyed to Purchaser; the fees and expenses of Purchaser's attorneys; and any other costs and expenses actually incurred by Purchaser. 13. Time of Essence. Time is of the essence of this Agreement. 14. Governing Law. This Agreement shall be construed, interpreted and enforced in accordance with the laws of Georgia. I5. Modification. This Agreement shall not be modified or amended in any respect except by a written instrument executed by or on behalf of each of the parties to this Agreement, except as expressly provided in this Agreement. Attachments; Exhibit "C" — Site Plans Exhibit "D" — Cross Sections No Text 0 C x LU ,■■■ IIIII Aoli�■f�■" ■.�""■, �_ �������■■■�� IIIII ■ I�■■■■■■■""■■■■■■■moi - _ I 001■..■■■t®®■■®■® �� � _ I■ ■■ 10111 li ■■■...� M■■.■.■ ■.■■■■®■■■■■■■! Iii,„ ■■:■®■■■■■■■.■ IN ■■. ■ IN .■■ ■.■ ■... IN .■■i■■■i■'1�■ ■■ IN.■C.--■... HOME OF ` FSTAIiLISIIFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 13, 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, August 17, 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. O YES )�NO CITY A TTORNEY REVIEW REQUIRED.- () YES *NO APPROVAL BY CITY ATTORNEY APPROVED O NOT APPROVED PLACED ON AGENDA FOR OS 1&55 S 4y j,r REMARK �� Wr� h )1,5' © YouE _ PHONE: 678.242.25001 FAX, 678.2422499 .reen`y; * t.Go, Urvd I www.cifyofmilfanga.us mmunty Esti,, iop �0o 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 """- 'e`` To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on July 29, 2015 for the August 17, 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 in order to obtain an Ancillary Wine Tasting permit the business is requesting to amend current licenses from Wine and Malt Beverages to Wine. 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 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 Steven Krokoff, Chief of Police Kathleen Field, Director of Community Development Attachment(s): None. HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-11 -- To Create the Arnold Mill Form Based Code, Chapter 64 of the City Code, Article XXI. MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. kPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: V YES () NO CITY ATTORNEY REVIEW REQUIRED: (KYES O NO APPROVAL BY CITY ATTORNEY V APPROVED () NOT APPROVED PLACED ON AGENDA FOR: d S 17 ►S REMARKS �4�A7 1.1 P,J Frv,-h -774 woeI(...5' exx i o f ) /s P u r -.t- e cl Ar /tri ve-n r-7 C /3 L# Key w/ LL a" 7-A,,3 A� CG�AtJC. ©v Y©u PHONE: 678.242.25001 FAX: 678.242.2499 info@cifyofmiltonga.us I www.cityofmilfonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 =„G reen i Ler[ifictii * Top t0u u u.nurt Community hi ® Ers 0 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted August 12, 2015 for the August 17, 2015 Regular Meeting (June 1, 2015 First Presentation) Re: Consideration of RZ15-11 – Chapter 64 of the City Code, Article XXI - To create the Arnold Mill Form Based Code Department Recommendation: The Community Development Department recommends approval of the proposed text amendment as discussed below. Executive Summary: The Mayor and City Council voted unanimously to adopt the Arnold Mill Visioning Plan, an amendment to the 2030 Comprehensive Plan on July 7, 2014. The 2030 Comprehensive Plan identified the Arnold Mill Road as an area of limited development with mostly rural residential and agricultural uses. However, the community feedback identified it as an area that could potentially accommodate the development of limited non-residential uses at some point in the future. The 2030 Comprehensive Plan stated that Arnold Mill should avoid strip commercial development and should be clustered in sections along the roadway and emphasis should be placed on preserving open space, rural viewsheds, and protecting environmentally sensitive features. Further, the Plan stated that Transfer of Development Rights should be aggressively pursued following the adoption of a master plan before any commercial nodes are considered or allowed to develop so as to ensure the protection of the more rural areas in Milton. The Arnold Mill Visioning Plan was the basis in which the proposed Form Based Code (FBC) was created. The Arnold Mill FBC follows the same general template as the Crabapple and Deerfield Form Based Code, but has been tailored for the specific needs of the Arnold Mill Corridor. There are three primary transect zones, T2, T3, and T4. There is also a T4-open that permits additional uses than the T4 transect zone. Within the corridor, there are two primary activity nodes; the intersection of Arnold Mill and Cox Roads and the Arnold Mill Road and Chadwick Farm Blvd. The remainder of the Visioning area is T2 which is minimum one acre lots with the same development standards as the AG-1 zoning district without the ability to receive TDRs (although they can be sending sites for TDRs). 2 In the Arnold Mill Form Based Code, the T3 transect zone contemplates 2 units per acre by right and up to 5 units via TDRs. The T4 transect zone contemplates 3 units per acre by right and up to 6 units via TDRs. These densities have been increased by 1 unit per acre by right since the initial draft of the Form Based Code based on discussions with property owners primarily within the Cox Road activity node. Staff notes that at the May 27, 2015 Planning Commission Meeting, by a vote of 4 to 3, it was recommended that the densities for T3 and T4 transect zones are increased to be equal with the Crabapple Form Based Code which allows for 3 units per acre by right and up to 6 units per acre via TDRs in T3 and 5 units per acre by right and 9 units per acre via TDRs in T4. At the City Council’s June 15, 2015 meeting, they requested that this item be deferred to the August 17, 2015 meeting to allow Staff to hold additional workshops for area residents and property owners. Three additional meetings were held in which Staff and the consultant explained the proposed changes to the Arnold Mill Form Based Code and to allow the public to give input on the approved changes by the Planning Commission. 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 (April, 2015) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-11 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 Arnold Mill is an important corridor for both high-quality development and preserved open space resources in the City of Milton as established in the Arnold Mill Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That concentrating development into two nodes that are separated from one another by open space will both preserve the area’s rural character and allow growth in appropriate locations. b.c. That within Arnold Mill, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c.d. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d.e. That a range of housing options should be provided to accommodate different needs in the community. e.f. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f.g. That development patterns should enable children to walk or bicycle to school. g.h. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Arnold Mill. h.i. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i.j. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j.k. That community design should reinforce safe environments, but not at the expense of accessibility. k.l. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l.m. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. m.n. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n.o. That the preservation and renewal of historic buildings should be facilitated. o.p. That the harmonious and orderly growth of Arnold Mill 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 3 1.2.4. The provisions of This Code are intended to replace the previous requirements set forth in Chapter 64 of the Code of the City of Milton, unless otherwise indicated in This Code. 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in This Code shall apply to all property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Arnold Mill 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 Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5 of This Code. 1.3.4 The standards for Transect Zone T4 shall also apply to zone T4-Open except as specifically indicated. 1.3.5 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; ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 prim ary 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 by Transect Zone in 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 approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 5 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/G reenway 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 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 6 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. 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 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 7 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. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to This Code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.4. 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 Arnold Mill 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 Arnold Mill 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 Arnold Mill Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Arnold Mill 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 Arnold Mill 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 Arnold Mill 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 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 shall be granted by Variance. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 Arnold Mill Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Arnold Mill 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 Arnold Mill 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, 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 Arnold Mill 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 Arnold Mill 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 Arnold Mill 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 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones only as specified in Table 3 and Table 10 section c. c. Retrofit of existing Thoroughfares i. Retrofit of existing Thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Retrofit may also include the addition of a Slip Road. ii. 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 iii. Where retrofit occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton, 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 only be granted where the Public Frontage includes existing sidewalks of sufficient width and condition to provide pedestrian safety. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 12 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 140/Arnold Mill Road street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.5.2 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 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 State Route 140/Arnold Mill Road, notwithstanding contrary requirements of specific Transect Zones or Special Districts, and except as otherwise required by the Georgia Department of Transportation. a. The Public Frontage shall include a Sidewalk with a minimum width of 8 feet b. In zone T3 and T4 the Public Frontage shall include a Planter having a minimum width of 8 feet. c. In zone T2 and Special Districts the Public Frontage shall include a Planter having a minimum width of 12 feet. d. 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. 3.6 CIVIC ZONES 3.6.1 General a. Civic Zones are designated on the Arnold Mill 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 4 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 a Thoroughfare, except as otherwise stated below: i. A Playground or Pocket Park shall have a minimum of 25% of its perimeter Enfroning one of 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 13 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 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. g. Sites identified as suitable for Civic Spaces on the Arnold Mill 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 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 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 Arnold Mill 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 15 c. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. 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 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 exc ept as otherwise approved by Warrant. f. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. g. 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. h. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. i. 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. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4 a. 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. i.ii. The maximum individual building façade length along Arnold Mill Road shall be 80 linear feet. ii.iii. A group of two or more buildings that share at least one common wall will be considered as one building. b. The Private Frontage of buildings shall conform to Table 7 and Table 10. c. 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. d. Building heights shall conform to Table 5. e. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a firs t 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 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 16 extending beyond 33% of the floor area shall be counted as an additional Story. f. 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. g. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. h. Building height limits do not apply to attics or above-ground portions of basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. i. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. j. 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. 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T4-Open 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 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. Sites of more than 4 acres in size where T4-Open Functions or Uses are allowed on any portion of the site are subject to the following additional requirements: e. The combined floor area of no individual Function may exceed 75% of the total floor area on the site, except as set forth below for Civic, Other: Civil Support, or Other: Education Functions.In addition to the accessory uses identified in Table 10, a structure or parcel may also be used for uses customarily i. ii. The combined floor area of Civic, Other: Civil Support, or Other: Education Functions may constitute up to 100% of the total floor area on the site. e. Relief from the requirement of Section 4.6.1(d) shall be only allowed by use permit. 4.6.2 Specific to zone T2 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zones T3, T4 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.4 Specific to portions of zones T3, T4 within 200 250 feet of the centerline of State Route 140/Arnold Mill Road a. The Function and Use provisions of T4-Open shall apply. b. Functions and Uses allowed in T4-Open, except accessory parking, that are otherwise prohibited in T3 or ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 17 T4 must be completely within 200250 feet of the centerline of State Route 140/Arnold Mill Road. c. Accessory parking serving a T4-Open Function or Use is not restricted to within 200 250 feet of the centerline of State Route 140/Arnold Mill Road. d. The maximum Density of the T4-Open Function or Use shall be based on the Gross Site Area of the entire Transect Zone, including the portions 250 feet or greater from the centerline of State Route 140/Arnold Mill Road. Building units allotted to the portion of the site within 250 feet from the centerline of State Route 140/Arnold Mill Road, will be subtracted when calculating density available for the remainder of the site. 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: 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 18 4.8 STORMWATER MANAGEMENT FACILITIES 4.8.1 All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). 4.8.2 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 a. In addition to the requirements of Section 4.9.1, all single-family residential use groups established in Section 64-140 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. 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 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 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 19 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 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. Other hardscapes shall be decorative gravel, brick, or crush stone edged with steel, brick, native rocks, or granite. d. Stamped concrete is prohibited. e. Plant materials should be native or historic species. Perennials, herbs, fragrant shrubs, boxwood, and native trees are encouraged. f. Stone walls and picket fences should be incorporated into landscape plans and with a mix of materials and designs. 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 T2 a. The additional provisions of Section 64-1141(a) of the Code of the City of Milton shall apply. 4.11.4 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. 4.11.45 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. 4.11.56 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) ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 20 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 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. Fixtures 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, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 21 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. 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 4.175.1 The provisions of Section 64-2325 of the Code of the City of Milton shall apply in This District. 4.16 ARCHITECTURAL STANDARDS 4.186.1 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 shall be based on building forms historically found in the City of Milton and nearby areas and designed in one of the following styles as defined in Article 7 Architectural Styles of This Code: a. Vernacular b. Queen Anne 4.16.3 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, 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, ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 22 and welfare. 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 insulation finishing system (EIFS), plastic, aluminum exterior railing systems, vinyl-coated products, and bright brass finished fixtures or hardware are prohibited on any building exterior or detail. 4.16.7 Buildings shall be composed of a single gable or hip primary building mass, with a potential for a subordinate secondary building mass and/or separate carriage house mass. The Queen Anne “L” shaped house is also permitted. Forms should reflect the importance of function, meaning that the primary building primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. 4.16.8 Exterior Walls a. No more than three different exterior materials may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. b. Exterior materials of the primary building mass shall be limited to brick, natural stone, or clapboard. c. Exterior materials of secondary building masses shall be limited to brick, natural stone, or clapboard, board and batten, or wood shingles. d. Stove pipes of adequate size are allowed. e. 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. f. Flat panel materials with applied batons are not allowed. g. Foundations shall be finished with brick or stone. 4.16.9 Roofs a. Roofs shapes shall be gabled with a slope of between 6:12 and 10:12. This does not include porches, which may utilize other shapes and slopes. b. Roof materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, or asphalt shingles. c. Gutters shall be half-round with round downspouts finished in unpainted galvanized metal or colored to resemble galvanized metal. d. Chimneys and stove pipes of adequate size are allowed. 4.16.10 Windows and Doors a. Windows and doors shall be of vertical proportions, including jambs and individual glass panes. b. Glass panes in windows and doors within a single building should be of similar portion and generally in accordance with the Golden Mean, with the following exceptions: i. Front door sidelights, and ii. Greek revival fret transoms. c. Windows shall be of similar sizes and generally not ganged. d. Grill between glass, reflective glazing, and pop-in grills are prohibited. e. Windows shall be True Divided Lite or Simulated Divided Lite. f. Transom windows are prohibited except over doors. g. Shutters shall be authentic, fully operable, and capable of closing over the window sash. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 23 h. Doors shall have a roof cover. 4.16.11 Chimneys a. Stacks shall be faced in brick or stone. b. Chimneys should be centered on gables. 4.16.12 Porches and balconies a. Placement i. Porches and balconies shall be provided along elevations Enfronting Thoroughfares, passages, or Civic Spaces. ii. Corner lots shall have side porches or be designed with recesses and projections as to discourage a single plane or wall. ii. Porches may also be used in the rear yard and should be subordinate to the building form or located within the primary building mass. b. Technical and aesthetic requirements i. Porches shall be a minimum of eight feet in depth. ii. Columns shall match building style. iii. Classical columns shall be architecturally correct. iv. Railings shall be simple pickets or fretwork centered on rails. c. Materials i. Porch floors shall be wooden, brick, or stone, and shall rest on masonry piers finished in brick or stone. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Areas between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.16.13 Trim a. Trim shall match the building style, be of local historic character, and comply with the architectural period theme of the building and development it is located within. B. Clapboard structures building may only utilize authentic, flat casings (full 2x4), restoration sills, full “2x” corner boards, cornice assembly of “5/4” and “2x” members, authentic sash windows with True or Simulated Divided Lites, Chamfered solid wood posts, and thick lap siding (Artisan series Hardie or equivalent). ARNOLD MILL FORM-BASED CODE – DRAFT V5 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, Greens 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:Parks, Greens, Squares 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 primarily of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed; commercial uses are allowed in limited locations. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. 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. 24 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 e.T3 T4 f.T4 g.T3 T4 (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 25 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton I I I I I I I I I I I I I I I I URBAN TRANSECT ZONE T2 T3 T2 T3 T4 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 12-24 feet Raised Curb 12-18 feet16-24 feet T3 ST-DR-AV 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. Continuous Swale 10-30 feet Regular Sidewalk Regular 10-30 feet Alternating 5-20 feet 5-20 feet 8 feet - 16 feet Continuous Swale Clustered Clustered 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered RURAL I 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. Continuous Planter Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a Walkway. The hard surface dedicated exclusively to pedestrian activity. T4 HW & RD Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. RD & ST Open Swale Raised Curb 12-18 feet ST-DR-AV-BV 4-8 feet 8 feet - 12 feet Continuous Planter Single 4-8 feet Sidewalk 26 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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 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 Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies: New Thoroughfares shall comply with this table, which incoporates the Public Frontages of Table 2A and Table 2B. 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 Pavement Width 27 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ARNOLD MILL FORM-BASED CODE – DRAFT V5 ST-60-361 Street Street T3, T4 T3, T4 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 3: 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 28 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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-Open T4-Open 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 Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 29 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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-Open T4-Open 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 3: 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 30 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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 T3, T4 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 Right-of-Way Width Pavement Width Movement Design Speed Pedestrian Crossing Time Traffic Lanes Equestrian Trail Bicycle Lane Bicycle Route Thoroughfare Type Transect Zone Assignment Drive Street Road Rear Alley Rear Lane Multi-Use Trail Transportation THOROUGHFARE TYPES Highway Boulevard Avenue Commercial Street TABLE 3: Thoroughfare Assemblies (continued) ST-57-20-BL Thoroughfare Type Right-of-Way Width Pavement Width 31 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton TABLE 4: Civic Space a.T2 T3 T4 b.T3 T4 c.T3 d. e.T2 T3 T4 f. 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 be 5 acres. Every Square 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. 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. 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. 32 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton T2 T3 T4 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. T4-0pen 33 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton a.T2 T3 T4 b.T4 c.T4Rearyard: 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. 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. 34 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton LOT ►◄ R.O.W.LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 T4 b. T2 T3 T4 c.T4 d.T4 e.T4 T6 f.T4 g.T4Gallery: 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. 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. 35 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton T4 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 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 T3 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. T4-OpenWithin 200 feet of the centerline of State Route 140/Arnold Mill Road the Function regulations of T4-Open apply. Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. 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 building area available for Office use is unlimited on the first floor and available to upper stories by Warrant. 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. 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 36 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton R: ALLOWED BY RIGHT W: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT a. RESIDENTIAL1 T2 T32 T42 T4-O3 f. OTHER: AGRICULTURE T2 T32 T42 T4-O3 Apartment U U Grain Storage R Live/Work Unit R R R Livestock Pen W Row House R R Greenhouse R W Duplex House R R Stable R W Courtyard House R R Sideyard House R R Cottage R R R Kennel with Outside Pens U U House R R R R Pet Grooming R Accessory Unit R R R R f. OTHER: AUTOMOTIVE b. LODGING Gasoline Station4 W Motel, Hotel R Service Station Bed & Breakfast Inn U U R R Automotive Garage, Repair Garage R School Dormitory R R c. OFFICE Office R Car Wash5 R Radio and Television Station R Drive-Through Facility6 U Live/Work Unit R R R Roadside Stand R R R d. RETAIL f. OTHER: CIVIL SUPPORT Open-Market Structure R R R R Fire Station R R R R General Retail R R Police Station R R Pawn Shop Cemetery U U U General Service R R Funeral Home R Restaurant R R Hospital Kiosk R R Medical Office, Clinic R Drive-Through Facility6 U Push Cart W Liquor Selling Establishment W Self Service Laundromat R f. OTHER: EDUCATION Bank/Financial Institution R Bail Bondsmen Check Cashing Establishment College U U U U Adult Entertainment High School U U U U Fortune Telling Establishment Trade School U U U U R R R R Elementary School U U U U Childcare Center7 U U U U R R R R f. OTHER: INDUSTRIAL e. CIVIC Heavy Industrial Facility Bus Shelter R R R R Light Industrial Facility Convention Center Manufacturing Conference Center W Catering R Fountain or Public Art R R R R Library R R Theater R Research Laboratory Indoor Commercial Amusement R Water Supply Facility Outdoor Commercial Amusement W Sewer and Waste Facility Movie Theater R Electric Substation W W W W Museum R Telecommunications Assembly Hall, Indoor Auditorium R Cremation Facility Gymnasium R Warehouse Outdoor Auditorium W R R R Landscaping, Lawn Service R Parking Structure R Produce Storage Passenger Terminal Recycling Center Playground R R R R Mini-Storage Sports Stadium 3. T4-Open Surface Parking Lot W W 4. See Sec. 4.14 for additional requirements. Place of Worship U U U U 5. Includes both principal and accssory car washes. 1. This table notwithstanding, all senior housing shall comply with Sec. 64-1834(a).6. Drive-through facilities are considered accessory to a Retail or Automotive Function. 7. See Sec. 64-1809 for additional requirements. W Assisted Living, Convalescent Home, Personal Care Home, Nursing Home, Hospice Veterinary Clinic/Hospital, Kennel (with inside pens) R Laundry and Dry Cleaning Distribution Center See Sec. 54 of the Code of the City of Milton 2. Within 250 ft of the centerline of State Route 140/Arnold Mill Road, the Function and Use regulations of T4-Open apply. School of Business, Dance, Music or Similar TABLE 9: Specific Function and Use. This table expands the categories of Table 8 to delegate specific Functions and uses within Transect Zones. W Automobile and Light Truck Sales/Leasing Massage Parlor, Pool Hall, Escort and Dating Services, Tattoo and Body Piercing Establishment 37 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN 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 i. Common Lawn 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. TABLE 10: Code Summary FUNCTIONprohibited use limited use4 limited use4 restricted use limited use4 limited use4 restricted use limited use4 limited use4 3 stories max.3 stories max.2 stories max. 3 stories max.3 stories max.3 stories max. 1 min. BUILDING FUNCTION (See Table 8 and Table 9) restricted use limited use4 limited use4 BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMnot permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted permitted PRIVATE FRONTAGES (See Table 7)BUILDING PLACEMENTnot permitted permitted permitted not permitted permitted permitted permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min.12 ft. min.3 ft. min. 25 ft. min. 3 ft. SETBACKS - OUTBUILDING (See Table 11) not applicable not applicable 25 ft. min.5 or 10 ft. min.2 0 ft. min. 60 ft. min.15 ft. min.10 ft. min. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max.70% max. permitted permitted permitted LOT OCCUPATION 100 ft min 70 ft. min.18 ft. min. not permitted not permitted not permitted not permitted permitted not permitted permitted permitted permitted CIVIC SPACES (See Table 4) not permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted permitted not permitted permitted required, or Lane not permitted permitted permitted permitted permitted permitted not permitted not permitted permitted permitted permitted permitted required, or Alley not permitted permitted permitted not permitted not permitted not permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max.2,400 ft. max. THOROUGHFARES (See Table 2 and Table 3) TDR not permitted 5 units / ac. 6 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac.2 units / ac.3 units / ac. 20 ft. min. + bldg. setback permitted 50 ft. min.3 ft. min. not applicable 40 ft. min.12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 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 4. Different Building Function requirements apply in T4-Open and in portions of zones T3 and T4 within 250 feet of the centerline of State Route 140/Arnold Mill Road permitted permitted not permitted not permitted 8 ft. min. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 38 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 City of Milton TABLE 11A: Code Graphics - T3 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. 70 ft. min. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 ft. min. 12 ft. min. 5 or 10 ft. min.*** 12 ft. min.** not applicable 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 ***Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Rearyard 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 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 Retail Residential Lodging SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. 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 (g.2) Front Setback Secondary Within T4-Open and within 250 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. 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. Gallery SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) (h.1) Front Setback Principal Stoop Shopfront & Awning PARKING PLACEMENT (h.2) Side Setback (h.3) Rear Setback Common Yard "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 ** 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. 39 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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. 70% max. i. permitted permitted permitted 1. g. 10 ft. min. 8 ft. min. 0 ft. min. 3 ft. min.** n/a h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. permitted 1. permitted permitted permitted permitted 2. permitted permitted Refer to Summary Table 10 *Within T4-Open and within 250 ft of the centerline of State Route 140/Arnold Mill Road, different Function and Use regulations apply. "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 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) ** 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 Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding attics and 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 (g.1) Front Setback Principal (g.2) Front Setback Secondary (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). 40 August 11, 2015 ARNOLD MILL FORM-BASED CODE – DRAFT V5 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 41 August 11, 2015 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 42 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. 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) 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 43 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 XXI 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. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. District, This: property located within the boundaries identified in the Arnold Mill Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 44 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. 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). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 45 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 10 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. 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 46 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. 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). ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 47 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. 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 48 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 parki ng on such a Thoroughfare. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 49 ARTICLE 7. ARCHITECTURAL STYLES 7.1.1 This Section provides an overview of the seven two 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 trad ition, its form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. 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 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 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 50 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. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. 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 are inspired by Queen Anne are complex and rich, displaying earth tones that contrast to one another. 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. ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 51 ARNOLD MILL ROAD FORM-BASED CODE – DRAFT V5 City of Milton August 11, 2015 52 Arnold Will Regulating Plan -DRAFT V5 ARNOLD MILL FORM -BASED CODE August 11, 2015 Prepared by TSW This map produced using data provided by the City of Milton, Fulton County, the Atlanta Regional Commission, field work by lbnnell-Spangler-Walsh &Associates, and other public sources. Data are not guaranteed. HO IBEST QUALITY OF LIE IN GE LTON'ESTABLISH ED 2006 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-11 AN ORDINANCE TO CREATE ARTICLE_XX1, ARNOLD MILL 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 June 17th, 2015 6:00 p.m. as follows: SECTION 1. That the creation of Article XXI, Arnold Mill 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 17th day of August, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-16 — To Amend Private Swimming Pool Standards for Detached Dwellings. [Sec. 64-1069(b)]. MEETING DATE: Monday, August 17, 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. (KYES O NO CITY ATTORNEY REVIEW REQUIRED: K YES () NO APPROVAL BY CITY ATTORNEY APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS A --Q U (.1 r— ^" O 0+ F I v +J V e rub _ PHONE: 678.242.25001 FAX: 678.242.2499 info@cityofmiltonga.us I www.cityofmiltongo.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 O r f= r+tc t ,.) ce �-G1ireen9 WILDLIFE Community 7-0 *Cerrifiei � fop IUU ciry of WE Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 28, 2015, for the August 17, 2015 Regular Meeting, August 3, 2015 for First Presentation (Work Session, August 10, 2015). Re: Consideration of RZ15-16 – Chapter 64-1609(b), Swimming Pool, Private to Amend Standards for Private Swimming Pools. Consideration of RZ15-17 – To create a definition for “barrier” in definitions (Sec. 64-1) Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: In text amendment RZ15-16, a maximum distance from the waters’ edge has been proposed from 150 feet to 20 feet and updating references to various building codes. Secondly, a definition has been provided in text amendment RZ15-17 in an effort to provide clarity with regards to “Pool Barriers”. These additions/changes will allow the zoning ordinance to function in concert with the intent of the applicable adopted Building Codes. At its July 22, 2015 Planning Commission Meeting, the Planning Commission recommended by a vote of 4 to 2 to only amend Sec. 64-1609(b) for the proposed date changes to the various building codes. The Commission did not approve Staff’s proposed change of Sec. 64-1609(b)1.b. from 150 feet to 20 feet. It was their opinion that it would not provide the necessary flexibility for property owners to develop their back yards as they desired. The Building Official has recommended after further research that the required 150 foot distance from the water’s edge should remain and not adopt the proposed 20 foot distance. At the August 10, 2015 City Council Work Session, the Council agreed with this proposal to keep the 150 feet and to adopt the updated Building Code citations. 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. Page 2 of 2 Legal Review: Paul Frickey, Jarrard and Davis – July 2015 Concurrent Review: Vince Hines, Building Official Attachment(s): Proposed text amendments and ordinances for RZ15-16 and RZ15-17. Text Amendment prepared for the City of Mayor and City Council Meeting on August 17, 2015. RZ15-16 8/11/2015 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 2012 International Residential Code, Section AG105 or the 2009 2012 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured 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 pool 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. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-16 AN ORDINANCE TO AMEND SECTION 64-1609(b), SWIMMING POOL, PRIVATE TO AMEND STANDARDS FOR PRIVATE SWIMMING POOLS, DETACHED DWELLINGS, 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 August 17, 2015 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1609 (b) 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 17th day of August, 2015 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) HOME OF' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: August 6, 2015 FROM: City Manager AGENDA ITEM: Consideration of RZ15-17 —To Create a Definition for "Barrier" in Definitions. (Sec. 64-1). MEETING DATE: Monday, August 17, 2015 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: WAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: IBJ YES O NO CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO APPROVAL BY CITY ATTORNEY APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS Q 1 rq F F (L1I_'`a V Cs '! c _Fo fit% I T74O R-AVU . © Your ta _: = PHONE: 678.242.2500 FAX: 678.242.2499 Green`Gelct�d * Top lOU CLE),ni info@cityofmiltonga.us I www.cityofmiltonga.us WI COmmunity i E,hi 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 Page 1 of 2 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted July 28, 2015, for the August 17, 2015 Regular Meeting, August 3, 2015 for First Presentation (Work Session, August 10, 2015). Re: Consideration of RZ15-16 – Chapter 64-1609(b), Swimming Pool, Private to Amend Standards for Private Swimming Pools. Consideration of RZ15-17 – To create a definition for “barrier” in definitions (Sec. 64-1) Department Recommendation: The Community Development Department recommends approval of the text amendment as discussed below. Executive Summary: In text amendment RZ15-16, a maximum distance from the waters’ edge has been proposed from 150 feet to 20 feet and updating references to various building codes. Secondly, a definition has been provided in text amendment RZ15-17 in an effort to provide clarity with regards to “Pool Barriers”. These additions/changes will allow the zoning ordinance to function in concert with the intent of the applicable adopted Building Codes. At its July 22, 2015 Planning Commission Meeting, the Planning Commission recommended by a vote of 4 to 2 to only amend Sec. 64-1609(b) for the proposed date changes to the various building codes. The Commission did not approve Staff’s proposed change of Sec. 64-1609(b)1.b. from 150 feet to 20 feet. It was their opinion that it would not provide the necessary flexibility for property owners to develop their back yards as they desired. Since the Planning Commission meeting, the Building Official recommends that the new definition is withdrawn and not adopted. 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 – July 2015 Page 2 of 2 Concurrent Review: Vince Hines, Building Official Attachment(s): Proposed text amendments and ordinances for RZ15-16 and RZ15-17. Text Amendment prepared for the City of Milton Mayor and City Council Meeting on August 17, 2015. RZ15-17 8/11/2015 Sec. 64-1 Definitions Barrier means a fence, dwelling wall, or non-dwelling wall, or any combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-17 AN ORDINANCE TO SECTION 64-1, DEFINITIONS. TO CREATE A DEFINITION FOR “BARRIER” 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 August 17, 2015 6:00 p.m. as follows: SECTION 1. That the creation of the definition for “barrier” in 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 17th day of August, 2015. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk