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HomeMy WebLinkAboutAgenda Packet CC - 06/06/2016 - City Council Agenda Packet - 6-6-2016 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, June 6, 2016 Regular Council Meeting Agenda 6:00 PM INVOCATION - Pastor Jason Howard, Stonecreek 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. 16-121) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 6, 2016 Page 2 of 5 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 a Parks and Recreation Department Agreement for Outside Providers between the City of Milton and Agape Academy, LLC. (Agenda Item No. 16-122) (Jim Cregge, Parks and Recreation Director) 2. Approval of Addendum No. 1 to the Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. (Agenda Item No. 16-123) (Sara Leaders, Transportation Engineer) 6) REPORTS AND PRESENTATIONS 1. Proclamation Honoring Cambridge and Milton Students Who Chose to Serve Their Country in a Military Career. (Presented by Councilmember Bill Lusk) 2. Recognition of Perry Mason’s Service on the City of Milton’s Design Review Board. (Presented by Councilmember Matt Kunz) 3. Presentation by Trust for Public Land Regarding Greenspace Public Opinion Results. (Kathleen Johnson, Conservation Project Manager) 7) FIRST PRESENTATION 1. Consideration of RZ16-02/VC16-01 – To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(1)(b)]. (Agenda Item No. 16-086) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 6, 2016 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Consideration of RZ15-18 – To Amend the AG-1 (Agricultural) District, Chapter 64, Article VI, Division 2. (Agenda Item No. 16-124) (Kathleen Field, Community Development Director) 3. Consideration of RZ15-19 – To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI, Division 3. (Agenda Item No. 16-125) (Kathleen Field, Community Development Director) 4. Consideration of RZ15-20 – To Amend the R-2 (Single Family Residential) District, Chapter 64, Article VI, Division 4. (Agenda Item No. 16-126) (Kathleen Field, Community Development Director) 5. Consideration of RZ15-21 – To Amend the R-2A (Single Family Residential) District, Chapter 64, Article VI, Division 5. (Agenda Item No. 16-127) (Kathleen Field, Community Development Director) 6. Consideration of RZ15-23 – To Amend the CUP (Community Unit Plan) District, Chapter 64, Article VI, Division 23. (Agenda Item No. 16-128) (Kathleen Field, Community Development Director) 7. Consideration of RZ15-24 – To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141). (Agenda Item No. 16-129) (Kathleen Field, Community Development Director) 8. Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design. (Agenda Item No. 16-130) (Kathleen Field, Community Development Director) 9. Consideration of V16-003 – The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC to Reduce the Front Setback from 60 feet to 50 feet, Lot 21; 60 Feet to 45 Feet, Lot 3; 60 Feet to 40 Feet, Lots 4, 22, 23, 30; 60 Feet to 20 Feet, Lots 5, 6, 7, 8, 9, 19, 20 (Section 64-416.b) and to Allow A Height Increase from: 28 Feet to 33 Feet, Lots 5, 6, 7, 8, 9, 19 and 20. (Section 64.114.c.1). (Agenda Item No. 16-131) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 6, 2016 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 10. Consideration to of Changes to the City of Milton Code of Ordinances Chapter 48 Streets, Sidewalks and Other Public Places. (Agenda Item No. 16-132) (Carter Lucas, Assistant City Manager) 8) PUBLIC HEARING 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. (Agenda Item No. 16-115) (Discussed at May 9, 2016 City Council Work Session) (First Presentation at May 16, 2016 City Council Regular Meeting) (Ken Jarrard, Jarrard & Davis) 9) ZONING AGENDA (None) 10) UNFINISHED BUSINESS (None) 11) NEW BUSINESS 1. Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. (Agenda Item No. 16-115) (Discussed at May 9, 2016 City Council Work Session) (First Presentation at May 16, 2016 City Council Regular Meeting) (Public Hearing at June 6, 2016 City Council Regular Meeting) (Ken Jarrard, Jarrard & Davis) 2. Consideration to Adopt Criteria for Greenspace Bond. (Agenda Item No. 16-133) (Kathleen Johnson, Conservation Project Manager) 3. Consideration of a Transportation Special Purpose Local Option Sales Tax (TSPLOST) Project List. (Agenda Item No. 16-134) (Carter Lucas, Assistant City Manager) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 6, 2016 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 4. Consideration of Subdivision Plats: NAME OF DEVELOPMENT ACTION COMMENTS TOTAL ACRES DENSITY (1) Manorview II, LL 182, 183, 250, 251 Final Plat Revision, add water easement 42.82 .77 lots/acre (2) Manorview III, LL 182,183, 184 Final Plat Revision. add water easement 31.98 .81 lots/acre (3) Smith & Kennedy Construction, LL 379 Minor Subdivision Plat Create 2 Lots 2.036 .982 lots/acre (4) Parkview, LL 1169 Final Plat Create 13 Lots 2.835 4.586 lots/acre (5) Blue Valley III B, LL 196, 236, 237 Final Subdivision Plat Create 38 lots 55.3 .69 lots/acre (6) Three B Farms, LL 388 Minor Subdivision Plat Create 3 lots 8.863 .338 lots/acre (Agenda Item No. 16-135) (Kathleen Field, Community Development Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 16-136) .:1 HOME OF' HE BE ST QUALITY Of LIEO M T I LTON*k ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Managoo) AGENDA ITEM: Approval of a Parks and Recreation Department Facility Use Agreement between the City of Milton and Agape Academy for Tennis Camps. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: jII,-KPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (.?%ES (J NO CITY ATTORNEY REVIEW REQUIRED: (.,l4ES () NO APPROVAL BY CITY ATTORNEY: 4,P4PPROVED (J NOT APPROVED PLACED ON AGENDA FOR: O4j&j 10IG REMARKS: ©V YaeGM �,. +*+ PHONE: 678.242.25001 FAX: 678.242.2499 'GfCLIi *c��a* Com n niiv cud ' IntofoByoimiltonga.us l M'M .cltyofm n9a.us . ii 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - """" . °"°"" . c Page 1 of 2 To: Honorable Mayor and City Council Members From: Jim Cregge, Parks and Recreation Director Date: Submitted on May 26, 2016 for the June 6, 2016 Regular Council Meeting Agenda Item: Approval of a Parks and Recreation Department Agreement for Outside Providers between the City of Milton and Agape Academy, LLC ____________________________________________________________________________ Department Recommendation: Staff is recommending the Approval of a Parks and Recreation Agreement for Outside Providers between The City of Milton and Agape Academy, LLC. Executive Summary: This is a new program provider for the City of Milton and the first new program this year. Agape Academy LLC will provide tennis camps in the summer for children and teenagers starting in May. Agape Academy, LLC will also offer a tennis classes in the Fall. Funding and Fiscal Impact: The camps have two pricing tiers, $144.00 and $240.00. This contract offers a 30% commission on registration to the City. Alternatives: If this contract is not approved, we will have to locate another program provider. Legal Review: Elizabeth Whitworth – Jarrard & Davis, November 10, 2015 (Contract Template) Page 2 of 2 Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): 1) Parks and Recreation Department Agreement for Outside Providers between The City of Milton and Agape Academy, LLC CITY OF MILTON PARKS & RECREATION DEPARTMENT AGREEMENT FOR OUTSIDE PROVIDERS THIS IS AN AGREEMENT, made this day of 2016, between: THE CITY OF MILTON, a municipal corporation organized and operating under the laws of the State of Georgia, acting by and through its governing authority, the Milton Mayor and City Council, and with a business address of 13000 Deerfield Parkway, Suite 107 A, MILTON, Georgia 30004, hereinafter referred to as the "CITY." and AGAPE ACADEMY LLC hereinafter referred to as "PROVIDER". CITY and PROVIDER may hereinafter collectively be referred to as "the Parties". In consideration of the mutual obligations of the Parties and for good and valuable consideration, the adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: ARTICLE 1.0 PROVIDER's Services and Responsibilities 1.1 PROVIDER shall conduct services generally described as YOUTH & ADULT TENNIS LESSONS & CAMPS at the following locations: HOPEWELL MIDDLE SCHOOL & NORTHWESTERN MIDDLE SCHOOL. 1.2 The PROVIDER's services shall be performed during the days and hours described in Exhibit "A," attached hereto and incorporated herein by reference. 1.3 The PROVIDER and The Director of the Parks & Recreation Department (hereinafter referred to as the "Department") or his designee, will coordinate to schedule the program schedule, which schedule will be approved by Department Director, or his designee, at its sole discretion. PROVIDER agrees to submit a Program Request Form to the City's Recreation Program Manager (hereinafter "Manager") for each program being proposed eight (8) weeks prior to the beginning of each program session. 1.4 The fees charged to each participant will be as described in Exhibit "A" for residents of MILTON and ALPHARETTA, and a surcharge of 50% more will be charged to each participant who is not a resident of MILTON or ALPHARETTA. The entire balance of this surcharge for non-residents shall be paid to the CITY. 1.5 The PROVIDER warrants to CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under this Agreement. 1.6 The PROVIDER agrees that it shall be solely responsible for all costs and/or expenses associated with, or as a result of its operation under this Agreement. The PROVIDER stipulates and certifies that it is qualified to provide the programs it is hired to provide, maintains the education and required licenses or permits necessary to provide the programs, and shall continue to maintain such licenses or permits during the term of this Agreement. 1.7 This Agreement is considered a non-exclusive Agreement between the Parties. The CITY shall have the right to purchase the same kind of services to be provided by the PROVIDER from other sources during the term of this Agreement. The PROVIDER is not precluded from providing the same or similar services for other parties so long as such other engagements do not interfere with the PROVIDER'S provision of services to the CITY. 1.8 The DEPARTMENT must approve any promotional material, flyers, and posters advertising the programs prior to its release. The following content and topics shall specifically be prohibited: sexually explicit materials, profanity, child pornography, alcoholic beverages, tobacco products, adult movies, adult book/video stores, adult entertainment establishments, massage parlors, pawn shops, and tattoo parlors or shops. 1.9 The PROVIDER shall not promote any privately owned business in a CITY park/facility or solicit any participant in a CITY park/facility activity for any privately owned business. The PROVIDER may not use said facilities to conduct personal business, including but not limited to workshops, clinics, seminars, camps, private sessions, or any other activities that are outside the scope of service described in Exhibit "A". It is further understood that such improper/prohibited actions) may result in immediate termination of this Agreement and the forfeiture of all compensation due or authorized for payment to the PROVIDER. 1.10 The PROVIDER shall abide by the policies, procedures, rules and regulations of the DEPARTMENT, the CITY, and the FULTON COUNTY BOARD OF EDUCATION as promulgated from time to time. PROVIDER understands and agrees that the DEPARTMENT shall have first priority for use of CITY facilities, notwithstanding any other provisions of this Agreement. 1.11 All assistants, substitutes, and subcontractors utilized by the PROVIDER must have prior written approval of the DEPARTMENT. 1.12 PROVIDER shall provide necessary supervisory personnel to ensure that the participants of the programs obey all applicable policies, procedures, Rules and Regulations. 1.13 The DEPARTMENT or CITY may require that the PROVIDER not be permitted to utilize specific assistants, substitutes, or subcontractors of PROVIDER who have failed to follow any policies, procedures, rules or regulations applicable to the use of the facility. W 1.14 Although the CITY shall not control the PROVIDER's techniques, methods, procedures, or sequence of instruction, the PROVIDER will comply with the CITY's and DEPARTMENT'S policies, rules, regulations and procedures, as well as those of the FULTON COUNTY BOARD OF EDUCATION, and shall not interfere with their operation, nor harm or damage the equipment or facilities afforded to PROVIDER for his/her programs, nor otherwise disrupt the other on-site activities being offered at such public facilities. 1.15 The PROVIDER also acknowledges that he or she is primarily responsible for the conduct of the participants in all programs under the PROVIDER's charge. 1.16 If the PROVIDER will be providing services directly with minor children without parental supervision, the PROVIDER shall, prior to commencing services under this Agreement, comply with the CITY's policy regarding criminal background screening. The CITY will furnish the PROVIDER with a background release form (Exhibit "B"), which must be completed and executed by for all the provider's counselors, coaches, volunteers, subcontractors, employees or any other individuals that will come in contact with a child, and background checks will be completed at the PROVIDER's sole expense. A, Consent and Release Form to conduct a criminal background must be executed by any of PROVIDER's employees or any individual who will come in contact with a child at the CITY through PROVIDER or at PROVIDER's direction, such form authorizing the CITY to conduct a search of each such individual's criminal background. The result of such inquiry may be deemed acceptable by the CITY in its sole and complete discretion, and the CITY may reject any individual from participating in any program based upon such results. If the PROVIDER has recently had a background screening conducted b.y another agency, the CITY, at its sole discretion, may accept that background screening and waive the requirement of a new background screening. PROVIDER and its employees must also execute a Waiver and Release of Liability holding the CITY and FULTON COUNTY BOARD OF EDUCATION harmless. 1.17 The CITY shall require all participants in all programs to sign a Waiver and Release of Liability. 1.18 The PROVIDER shall only use the facilities identified by the CITY, and such use shall be limited to CITY designated activities. 1.19 The PROVIDER shall not sublet any CITY facilities to any entity. 3 ARTICLE 2.0 Equipment & Materials 2.1 All program materials and equipment needed or pertaining to the above stated programs will be provided by the PROVIDER at his/her own cost and expense. However, PROVIDER may require participants to obtain certain materials required in the programs by providing a list of such materials (with approximate costs) to the participants. If PROVIDER makes such materials available to participants, they must be sold at PROVIDER's cost. All equipment provided by the PROVIDER shall be used in strict accordance with equipment manufacturer's instructions and in accordance with all applicable laws. PROVIDER shall coordinate storage of goal posts with the principal of the school located at the facility, if applicable. 2.2 The sale of merchandise is restricted to those materials utilized in and for the programs. Fundraising activities conducted by the PROVIDER will not be permitted. The PROVIDER shall obtain the CITY's approval of any merchandise to be sold prior to its distribution or sale. 2.3 The CITY will provide no storage space to the PROVIDER, unless otherwise mutually agreed upon in a separate written agreement. 2.4 Any supplies or equipment left at the facility will be the responsibility of the PROVIDER. The CITY will not be responsible for any lost, stolen, or broken equipment or supplies. 2.5 The PROVIDER shall inspect the premises and equipment offered to hirn/her for his/her proposed activity, and if he or she finds anything wrong with the pmE mises or equipment before each program commences that cannot be corrected immediately by the DEPARTMENT, the program shall be cancelled and the matter reported to the DEPARTMENT for correction. If the PROVIDER elects to hold his/her programs in the facility provided, it will be presumed that the PROVIDER has inspected the premises and facilities and equipment provided for such programs and has accepted same as being safe and suitable for the use intended. ARTICLE 3.0 Program Size Minimums: 3.1 ACTIVE: Program sizes shall meet the minimum numbers of participants for each program as designated in Exhibit "A." 4 ARTICLE 4.0 Compensation and Method of Payment 4.1 In consideration of the City authorizing the PROVIDER to furnish the services described herein and to keep a portion of the revenues obtained from furnishing such services (as provided herein), the PROVIDER agrees to furnish the services pursuant to the terms of this Agreement, including but not limited to the releases and indemnities contained herein. Further, the CITY shall be entitled to a commission consisting of 30% of the registration fees paid by all program participants to the PROVIDER. In consideration for providing the services described herein, the PROVIDER shall be entitled to 7017o of such fees paid, exclusive of the 50% non-resident surcharge described in Section 1.4. The 50% non-resident surcharge is fully payable to the CITY and shall not be included in PROVIDER's gross income calculation. PROVIDER shall be entitled to retain all non - registration fees paid by participants to PROVIDER, i.e. PROVIDER membership fees and costs for uniforms and pictures to participants. 4.2 The PROVIDER agrees to provide the CITY with schedules of fees to be charged to participants in conformance with Exhibit "A" and to collect all fees from participants. The PROVIDER will submit a completed registration report, in the format designated by the CITY, to the CITY within two weeks of the close of registration for each program. The CITY will check for residency verification and then send the PROVIDER an invoice, 'including supporting documentation, for the total amount due to the CITY. Each payment by PROVIDER to City will include the registration commission and all non-resident surcharge fees. Payments will be made to the CITY within fourteen (14) business days of PR'OVIDER's receipt of each invoice. 4.3 It is the responsibility of the PROVIDER to pay all applicable local, state, and federal taxes associated with this Agreement, and to acquire and pay for all necessary permits, licenses, and insurance required for the execution of this Agreement. ARTICLE 5.0 Independent PROVIDER 5.1 This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the PROVIDER is an independent contractor under this Agreement and not a CITY employee for all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, The State Workers Compensation Act, and the State unemployment insurance law. The PROVIDER shall retain sole and absolute discretion in the judgment of the manner and means of carrying out PROVIDER's activities and responsibilities hereunder. The PROVIDER agrees that it is a separate and independent enterprise from the CITY, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work required hereunder. This Agreement shall not be construed as creating any joint employment relationship between the PROVIDER and the CITY and the CITY will not be liable for any obligation incurred by PROVIDER, including but not limited to unpaid minimum wages or overtime premiums. 5 5.2 PROVIDER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement without liability at its discretion, to deduct from the contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. ARTICLE 6.0 Insurance 6.1 City shall not have any insurance obligations related to this Agreement, and PROVIDER shall not provide any service until all insurance required under this paragraph has been obtained and approved by the CITY. 6.2 Certificates of Insurance. Certificates of Insurance reflecting evidence of the required insurance shall be filed with the CITY prior to the commencement of this Agreement. The Certificates of Insurance and endorsements for each policy are to be issued by a person authorized by that insurer to bind coverage on its behalf, unless alternate sufficient evidence of their validity and incorporation into the policy is provided. Further, the PROVIDER shall provide complete certified copies of current insurance policy(ies) and/or a certified letter from insurance company(ies) if requested by the City. These Certificates of Insurance provided shall contain a provision that coverages afforded under these policies will not be cancelled until at least forty-five days (45) prior written notice has been given to the CITY. Policies shall be issued by companies authorized to do business under the laws of the State of Georgia. Financial Ratings must be not less than "A -VI" in the latest edition of "Best Key Rating Guide", published by A.M. Best Guide. 6.3 Insurance shall be in force until the obligations required to be fulfilled under the terms of the Agreement are satisfied. In the event the insurance certificate provided indicated that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the PROVIDER shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed Certificate of Insurance as proof that equal and like coverage for the balance of the period of the Agreernent and extension thereunder is in effect. The PROVIDER shall not provide any service pursuant to this Agreement unless all required insurance remains in full force and effect. Z 6.4 Commercial General Liability insurance must be maintained for comprehensive coverage including for bodily injury and personal injury, sickness, disease and death, and property damage. Exposures to be covered are: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability: $1,000,000 Combined Single Limit - each occurrence $2,000,000 Combined Single Limit - general aggregate $1,000,000 Personal Injury $1,000,000 Products/Completed Operations Aggregate PROVIDER shall have its insurer name the City of MILTON as an additional insured on its General Liability policy. 6.5 Worker's Compensation insurance shall be maintained during the life of this Agreement to comply with the statutory limits for all employees, and in the case any work is sublet, the PROVIDER shall require the subcontractors) similarly provide Workers Compensation Insurance for all the latter's employees unless and until such employees are covered by the protection afforded by the PROVIDER. The PROVIDER and his subcontractors shall maintain during the life of this Agreement Employers Liability Insurance. The following limits must be maintained: A. Workers Compensation B. Employer's Liability Statutory $100,000 each accident $500,000 Disease -policy limit $100,000 Disease -each employee If PROVIDER or its subcontractor claims to be exempt from this requirement, PROVIDER shall provide CITY proof of such exemption; provided that CITY may reject such claim, and CITY's acceptance of such claim shall not affect this obligation should claim of exemption be determined inaccurate or false. 6.6 PROVIDER shall also maintain Auto Liability and Directors and Officers insurance with limits reasonably acceptable to CITY during the term of this Agreement. 6.7 PROVIDER shall include all subcontractors as insureds under its policies or shall ensure each subcontractor complies with the insurance requirements provided herein, including but not limited to naming the CITY as an additional insured. ARTICLE 7.8 Term and Termination 7.1 After a two (2) month trial period, the programs will be evaluated by the DEPARTMENT, and the remainder of this Agreement will either be terminated or continue in full force and effect. If at any time after the two (2) month evaluation, program enrollment should fall below the required minimum, the PROVIDER will be allotted four (4) weeks to bring enrollment up to the required minimum. The programs will be reevaluated at the close of this four (4) week period, at which time the CITY may terminate this Agreement if the requirements herein have not been met or the CITY is otherwise unsatisfied with the program in its sole discretion. 7.2 The term of this Agreement shall commence upon the date of execution hereof and shall remain in effect until December 31, 2016, unless terminated sooner as provided in this Article. Renewal of this Agreement beyond said term shall require the mutual written agreement of the CITY and PROVIDER. 7.3 PROVIDER's violation of any term set forth in this Agreement may result in termination of this Agreement by written notice. This Agreement may also be terminated by the CITY for convenience and at the sole and exclusive discretion of the CITY upon giving of at least thirty (30) days prior written notice of termination to the PROVIDER at the PROVIDER's address set forth herein. This Agreement may be terminated by the City immediately by written notice to PROVIDER upon any willful, reckless, or grossly negligent act or omission by PROVIDER or any of its officers, agents, employees, or volunteers. 7.4 This Agreement may be terminated by PROVIDER upon giving at least thirty (30) days written notice of termination to the CITY. 7.5 PROVIDER must notify the DEPARTMENT in writing of any program cancellations at least ten (10) business days prior to the scheduled cancellation. 7.6 CITY reserves the right to cancel or reschedule any of the PROVIDER's programs in the case of scheduling conflicts or other emergencies, as determined by the DEPARTMENT. 7.7 Upon termination or expiration of this Agreement, PROVIDER shall provide payment to the CITY of any commission or surcharge due up to the termination date. 7.8 The rights and remedies of the CITY and PROVIDER provided under this Article 7 are in addition to any other rights and remedies provided under this Agreement or at law or in equity. H ARTICLE 8.0 Indemnification 8.1 PROVIDER covenants and agrees to take and assume all responsibility for the services provided in connection with this Agreement. PROVIDER shall defend, indemnify and hold harmless the CITY and the FULTON COUNTY BOARD OF EDUCATION, and the CITY and FULTON COUNTY BOARD OF EDUCATION's trustees, elected and appointed officials, officers, boards, commissions, employees, representatives, consultants, servants, agents and volunteers (individually an "Indemnified Party" and collectifvely the "Indemnified Parties") from and against any and all claims, suits, actions, judgments, injuries, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to attorney's fees, paralegal fees, and costs of defense ("Liabilities"), which may arise from or be the result of alleged willful, negligent or tortious conduct arising out of the performance of services described herein, or operations by the PROVIDER, any subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER or subcontractor may be liable, regardless of whether or not the act or omission 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 an Indemnified Party. 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 an Indemnified Party by any employee of the PROVIDER, its subcontractor, anyone directly or indirectly employed by the PROVIDER or subcontractor or anyone for whose acts the PROVIDER 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 PROVIDER or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 8.2 The Parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the PROVIDER's responsibility to indemnify. ARTICLE 9.0 Americans with Disabilities Act 9.1 PROVIDER shalt not discriminate against any person in its operation and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans With Disabilities Act ("ADA"), in the programs while providing any services flunded in whole or in part by the CITY, including Titles I and 11 of the ADA and all applicable regulations, guidelines, and standards. 9.2 PROVIDER's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for delivery of service. 17 ARTICLE 10.0 Miscellaneous 10.1 No modification, amendment, or alteration of the terms and conditions contained shall be effective unless contained in a written document executed by each party with the same formality and equal dignity herewith. 10.2 This Agreement is not transferable or assignable, and PROVIDER agrees not to delegate, transfer or assign the performance of any services called for in the Agreement without prior express written consent from the CITY. As to any approved subcontractors, the PROVIDER shall be solely responsible for reimbursing them, and the CITY shalll have no obligation to them. 10.3 This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. 10.4 The PROVIDER shall pay reasonable attorney's fees to the City should the City be required to incur attorney's fees in enforcing the provisions of this Agreement. 10.5 Time is of the essence of this Agreement. 10.6 The individual executing this Agreement on behalf of PROVIDER agrees and represents that he is authorized to execute this Agreement on behalf of the respective entity and has obtained all necessary approvals to execute and bind PROVIDER to the terms of this Agreement. Accordingly, the City and PROVIDER both waive and release any right to contest the enforceability of this Agreement based upon the execution and/or approval thereof. 10.7 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 PROVIDER 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, PROVIDER agrees to comply with all applicable implementing regulaitions and shall include the provisions of this Section in every subcontract for services contemplated under this Agreement. 10 10.8 Books, records, documents, account ledgers, data bases, and similar materials relating to the services performed under this Agreement ("Records") shall be established and maintained by PROVIDER in accordance with requirements prescribed by the CITY and applicable law. Upon request, the PROVIDER shall furnish to the CITY any and all Records related to matters covered by this Agreement in the form requested by the CITY. The PROVIDER will permit the CITY or CITY's representatives) to audit, examine, and make excerpts or transcripts from such Records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and/or data relating to all matters covered by this Agreement. 10.9 All communications relating to the day-to-day activities of the program shall be exchanged between TOM MCKLVEEN for the CITY and Idf LL for the PROVIDER. All other notices, requests, demands, writings, ocV21'respondewce, 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 Party at the address given below, or at a substitute address previously furnished to the other Party by written notice in accordance herewith: NOTICE TO THE CITY shah be sent to: Jim Cregge Parks and Recreation Director, City of Milton 13000 Deerfield Parkway, Suite 107A Milton, GA 30004 NOTICE TO THE PROVIDER shall be sent to: 10.10 No failure by the CITY to enforce any right or power granted under this Agreement, or to insist upon strict compliance by PROVIDER with this Agreement, and no custom or practice of the CITY of variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the CITY's right to demand exact and strict compliance by PROVIDER with the terms and conditions of this Agreement. Further, no express waiver shall affect any term or condition other than the one specified in such waiver, and that one only for the time and manner specifically stated. 11 10. 11 Pursuant to O.C.G.A. § 13-10-91, the CITY shall not enter into a contract for the physical performance of services unless the PROVIDER shall provide evidence on CITY - provided forms, attached hereto as Exhibits "C" and "D" f affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and PROVIDER's subcontractors have registered with, are authorized to use and use 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, and that they will continue to use the federal work authorization program throughout the contract period. The PROVIDER hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "C", and submitted such affidavit to CITY. Further, PROVJDER hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the PROVIDER employs or contracts with any subcontractor(s) in connection with the covered contract, the PROVIDER agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O. C. G.A. § ) 3-) 0-9) and Rule 30D-10- 1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "D", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit. If a subcontractor affidavit is obtained, PROVIDER agrees to provide a completed copy to the CJTY within five f 5) business days of receipt from any subcontractor. PROVIDER agrees that the employee -number category designated below is applicable to the PROVIDER. 500 or more employees. 100 or more employees. Fewer than 100 employees. PROVIDER hereby agrees that, in the event PROVIDER employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O. C. G.A. § ) 3-10-91, the PROVJDER vvilJ 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 State and fE?deral law, and shall be construed to be in conformity with those laws. 12 10.12 PROVIDER represents that it has reviewed and become familiar with this Agreement and has notified the CITY of any discrepancies, conflicts or errors herein. The Parties hereto agree that, if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as if the Parties had drafted it jointly, as opposed to being construed against a Party because it was responsible for drafting one or more provisions of the Agreement. In the event of a conflict as to the duties and responsibilities of the Parties under this Agreement, this Agreement shall govern over any Exhibit, and the Exhibits shall govern in the order attached hereto. 10.13 Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no Party may assign this Agreement without prior written approval of the other Party. 10.14 This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia, and PROVIDER submits to the jurisdiction and venue of such court. 10.15 Should any article(s) or section(s) of this Agreement, or any part thereof, later be deemed illegal, invalid or unenforceable by a court of competent jurisdiction, the offending portion of the Agreement should be severed, and the remainder of this Agreement shall remain in full force and effect to the extent possible, as the Parties declare they would have agreed to the remaining parts of this Agreement if they had known that the severed provisions or portions thereof would be determined illegal, invalid or unenforceable . 10.16 Neither the CITY nor PROVIDER shall be liable for its respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of its respective duties or obligations under this Agreement or for any delay in such performance due to: (a) any cause beyond its respective reasonable control; (b) any act of God; (c) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (d) earthquake, fire, explosion or flood; (e) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of PROVIDER; (f) delay or failure to act by any governmental or military authority; or (g) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts, and all other obligations shall remain intact. 13 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seal the day and year first written above. ATTEST: BY: CITY: SUDIE GORDON, CITY CLERK JOE LOCKWOOD, MAYOR Print: Its:(c�ne) �en�eraf ice President (Corporation) (pal (Partnership/Limited ParfnershipJ Member/Manager (LLC) JCORPORATE SEAQ (required if corporation) Print: / v M N ek L v �itf Its: PiLc:!tjf'A'/-\ IM a� Fri (Assistant) Corporate Secretary (required if corporation) 14 EXHIBIT "A" [INSERT SCOPE OF WORK (INCLUDING BUT NOT LIMITED TO FEES, SCHEDULE INFORMATION, AND MINIMUM NUMBER OF PARTICIPANTS)] 15 MILTON)rr ISI 2ou(, 2016 FALL CITY OF MILTON JUNIOR TENNIS PROGRAM AUGUST 15th — DECEMBER 2nd No classes: September 51h and November 21st — 25th Make up classes December 5th —22 nd as needed PERFORMANCE PROGRAM These classes are for intermediate and advanced players who would like to or currently play high school tennis. Most of these players desire to eventually play collegiate tennis. These players must compete or begin competing in sanctioned USTA tournaments. High Performance I Ages 11-18 (Middle and high school) Mondays and Wednesdays 5:30-7:30PM Two days per week (30 sessions) One day per week (15 sessions) 10 sessions High Performance II Ages 7-10 (Elementary school) Mondays and Wednesdays 4:00-5:30PM Two days per week (30 sessions) One day per week (15 sessions) DEVELOPMENT PROGRAM These classes are for players that have little to no experience. Players will be taught the fundamentals of the game in a fun, learning environment. The goal is to prepare these players to learn the skills needed to play on an ALTA or USTA team. Development 111 Ages 4 and 5 Tuesdays and Thursdays 3:45-4:30pm Two days per week: One day per week: 10 sessions: Development II Ages 6-10 Tuesdays and Thursdays 4:30-5:30pm Two days per week: One day per week: 10 sessions: Development I Ages 11 and up Tuesdays and Thursdays 5:30-7:OOpm Two days per week: One day per week: 10 sessions TO REGISTER OR TO CONFIRM PLACEMENT EMAIL AMY@AGAPETENNSACADEMY.COM OR CALL (678) 333-5934. PLEASE PROVIDE YOUR CHILDS NAME, AGE, DOB, AND ADDRESS. M I LTON It I \1 1000 2016 SUMMER CAMP CITY OF MILTON TENNIS SCHEDULE WHAT WHEN TIME AGE FEE MILTON CAMP 1 MAY 31ST, JUNE 1, 2, 3 9AM-2PM 7-18 $240 MINI CAMP 1 JUNE 6, 7, 8, 9 9AM-12PM 5-14 $144 MINI CAMP 2 JUNE 20,21, 22, 23 9AM-12PM 5-14 $144 MILTON CAMP 2 JUNE 27,28,29, 30 9AM-2PM 7-18 $240 NIGHT CAMP 1 JULY 11, 12,13, 14 5PM-8PM 7-18 $144 MINI CAMP 3 JULY 18, 19, 20, 21 9AM-12PM 5-14 $144 NIGHT CAMP 2 AUG 1, 2, 3, 4 5PM-8PM 7-18 $144 ABOUT THE CAMPS MILTON Camps: These camps are for all ability levels: beginner, intermediate, and advanced. These camps will include: • Technique development to build fundamentals • Tennis drills and point -play rotations • Tennis specific fitness, physical conditioning • Match Play —Singles and Doubles • Classroom sessions with focus on mental and emotional toughness, self - development and sportsmanship skills • Fun Games: Water balloon fights, Capture the flag, Dodgeball • Awards Ceremony MINI Camps: These camps are for beginner and intermediate players ages 5-14. These camps will include: • Learning and developing the fundamentals and technique • Tennis drills in a fun environment • Learning and improving on match play ( singles and doubles), strategy, and about sportsmanship • Fun Games: Waterballons, Capture the flag, Kickball • Awards Ceremony NIGHT Camps: These camps are for all ability levels: beginner, intermediate, and advanced. These camps will include: • Learning and developing the fundamentals and technique • Fun tennis drills and point -play rotations • Match Play— Singles and Doubles • Fun Games: Water balloon fights, Capture the flag, Dodgeball • Awards Ceremony r_I.1r111[91k r_I*i►izo] jur_'lILGI►I *Players need to bring lunches/snacks, sunscreen, hat/visor, tennis attire, and a big water bottle each day to camp *Awards ceremonies will be held on the last day of camp, parents are encouraged to attend *Rain make ups will be on Fridays *Payment is expected on or before the first day of camp *Camps will be taught by a highly skilled and trained summer camp staff SIGN UP TODAY! PLEASE RSVP TO AMY@AGAPETENNISACADEMY.COM OR CALL (678) 333-5934 TO RESERVE YOUR SPOTS! EXHIBIT "B" HOME OF ' I i t - -I- � 0 1: STA 14I ISI Il l) 2006 CRIMINAL HISTORY REQUEST FORM 1) This Request Is For: (Check Only One) 2) A History Is Requested On The Following Person: Full Name (Print): Code (E) — Provides Georgia Criminal History Information for Employment; Military; Licensing; Personal Use; International Travel; Permits of any kind; Adoptive Parents; City of Milton Employment; Other not listed Address: Code (N) — Employment/Volunteer Working with the Elderly X Code (W) — EmploymenWolunteer with Children Code (M) — EmploymenA'olunteer with the Mentally III Code (C) — Police Ride Along Request; Police Department Employment; Police Vendor/Contractor 2) A History Is Requested On The Following Person: Full Name (Print): Address: Sex: Race: DOB: SSN: I give consent to in order to perform periodic criminal history background checks for the duration of my employment with this company (name of company: ). I hereby give consent for the Milton Police Department to conduct an inquiry and receive any Georgia criminal history record information pertaining to me which may be contained in the files of any state or local criminal justice agency in Georgia. This report is considered accurate at time of inquiry and may change at any time. 1 also understand this record check is $20.00 payable upon request. Photocopy of a legal government ID must accompany this request. Signature of person whom criminal history is being inquired. Date No Georgia Criminal History Record Information results available. Georgia Criminal History Record Information attached/released No NCIC/GCIC Warrant results available Possible NCIC/GCIC Warrant. Contact Agency: Agency Operator Signature & Title 16 Date of Inquiry/Time of Inquiry EXHIBIT "C" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively 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 v,/ill 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). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: eVerify Number Date of Authorization Name of Contractor Name of Project Name of Public Employer 17 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: EXHIBIT "D" SUBCONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program common)y 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 cont ract 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 fve 15) business days of receipt. )f 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 sof authorization are as follows: eVe(fy Number Date of Authorization Name of Contractor Name of Project Name of Public Employer IN I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 201_ in (cit}e), _(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: ACORO� CERTIFICATE OF LIABILITY INSURANCE DATE(.—OfyYYY) TO 07/29/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cameron Ward, CIC Coastal Plains Insurance PHONE{843)785-7733 x255 'FAX _tA&_NQ_Ex -----_- 15 Bow Circle ADDRESS:cameron@coastalplains.com $ _ ___INSURES) AFFORDING COVERAGE NAIC9 Hilton Head SC 29928 INSURER A:Philadel hia Indemnity Ins Co 18058 INSURER B • INSURED Professional Tennis Registry INSURER C: INSURER 0: P. O. Box 4739 INSURER E: Hilton Head Island SC 29938 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOVJ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTINITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - __._._........ LTR TYPE OF INSURANCE "AODLSUBR .... .....___ POLICY EFF POLICY EXP ; POLICY NUMBER MMIDDIYYYY h1MPOD/YYY i LIMITS . X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. $ 1 000, ,000 A f CLAWS -MADE X OCCUR -DAMAGE TO RENTED_......_ !.PREP,IISES (Ea _... _ .._...._.._.. .._.. 100,000 PHPK1371721 9/1/2015 9/1/2016 I MED EXP (Any one person) ! $ --- - ' -------- I PERSONAL & ADV INJURY : $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE I S 3,000,000 X POLICY PRO. JECT LOC ,.. PRODUCTS •COMP/OPAGG �,$ 3,000,000 OTHER. $ AUTOMOBILE LIABILITY COMBINED SINGLE LIh11T $ (Ea accident) ANY AUTO BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS AUTOS _ - BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS .. PROPERTY DAMAGE !_Per accident) _. S I S X ; UMBRELLA LIAB X OCCUR EACHOCCURRE.NCE: S _5,000,000 A EXCESS LIAB CLAIMS -MADE —.. _. (AGGREGATE S 5,000,000 Of.O X RETENTIONS 10,000 -- PHUB509260 9/1/2015 9/1/2016 i - S WORKERS COMPENSATION ! STATUTE' TEOTTH AND Eh1 PLOY ERS' LIABILITY YIN .. ANY PROPRI ETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ 'OFFICER ?.;EMBER F.XC,LUDED? NIA- (Mandatory In NH) I E.L. DISEASE • EA EMPLOYE S If yes. describe under r _. �� ._ .. _ . _ -- _ DESCRIPTION OF OPERATIONS belo:+ E L. DISEASE - POLICY LIMIT $ I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more space is required) Amy Pazahanick, PTR Member # 62802 Effective: June 25, 2015 I C I lULLICK Amy Pazahanick Tennis Services Roswell, Georgia SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE a:r.ercn ..ard, CIC/ --AM © 1988.2014 ACORD CORPORATION_ All rinhts rPSPrvPr1 ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 r2r,i4nr. Filer Information Amy Pazahanick 6003 Waters Edge Trail Roswell, GA, 30075, USA STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 Secretary of State, Brian P. Kemp Product Description Receipt Number Order Date Item Cost Expedited Total Reinstatement 13182050 05/24/2016 $250.00 $100.00 $350.00 AGAPE ACADAMY LIMITED LIABILITY COMPANY Control #: 12026419 Shipped via: Online Invoice Total: $350.00 Payment Information Payment for $350.00 from Web with Credit Card - American Express Mailing Address - Corporation Division, GA Secretary of State: 2 MLK, Jr. Dr.Suite 313, Floyd West Tower, Atlanta, Georgia 303341530 Phone: (404) 656-2817 1 Website: htto 8www.sos.oa oov/ •; z HOME 01 ' MILTON FSTASL3SHED 2WG2016 OCCUPATIONAL TAX CERTIFICATE This Certificate is Granted to: Date Issued: 5/23/2016 Expires: 12/31/2016 AGAPE ACADEMY LLC Account #: 3229 6003 WATERS EDGE TRL Business Class: HOME BASED BUSINESS ROSWELL GA 30075 Business Type: OTHER SCHOOLS AND INSTRUCTION Milton Location: 300 CLUBHOUSE DRIVE THIS CERTIFICATE DOES NOT AUTHORIZE A BUSINESS TO CONFLICT WITH THE CITY ZONING ORDINANCES. THIS CERTIFICATE SHALL NOT MAKE LAWFUL ANY ACT OR THING DECLARED TO BE UNLAWFUL BY THE STATE OF GEORGIA. 3 Steven Krokoff, Interim City Manager SLI.flu lam:=i MV= THIS CERTIFICATE MUST BE DISPLAYED IN A CONSPICUOUS PLACE, IS NON -TRANSFERABLE, NON-REFUNDABLE, GOOD AND USABLE ONLY BY PERSON TO WHOM ISSUED f ■ � ■ fffffl ■ f ■ fffffl ■ � ■ � ■ f ■ fffffl ■ � ■ � ■ f ■ � ■ � ■ � ■ � ■ � ■ DETACH OR FOLD ABOVE PRIOR TO POSTING THIS CERTIFICATE AGAPE ACADEMY LLC 6003 WATERS EDGE TRL ROSWELL GA 30075 NON -TRANSFERABLE NON-REFUNDABLE Total Charges 175.00 Penalties 0.00 Interest 0.00 Total Payments 175.00 Outstanding Balance Owed, if Any 0.00 O HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MILTION't ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 31, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Approval of Addendum No. 1 to the Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1,�APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,J19ES () NO CITY ATTORNEY REVIEW REQUIRED: (OES (J NO APPROVAL BY CITY ATTORNEY: (,VXPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: Cf 1.011/ REMARKS: 10 * Youlm PHONE: 678.242.25001 FAX: 678.242.2499 . '-G Gre info®cByofirnII nga.usiw .cltyohnlMonga.us M Commarrity �9r 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 May 26, 2016 for the June 6, 2016 Regular Council Meeting Agenda Item: Approval of Addendum No. 1 to the Contract for Acquisition of Right of Way for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The City of Milton and Georgia Department of Transportation (GDOT) executed a right of way acquisition agreement for Project HPP00-0007-00(313) State Route 372 (Crabapple Road/Birmingham Highway) Intersection Improvements on July 11, 2014. Additional Federal funds were added to the right of way phase of the project and this addendum is to increase the eligible reimbursement amount for the project. The right of way acquisition is complete and this addendum is required for GDOT to reimburse the City for the right of way expenses on this project. Funding and Fiscal Impact: This addendum will allow for the planned reimbursement of right of way expenses on this project. Alternatives: There are no alternatives. Legal Review: Sarah VanVolkenburgh – Jarrard & Davis (04-06-16) Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Addendum No. 1 PROJECT/P.I. # 0007313 COUNTY: FULTON CITY: MILTON STATE ROUTE: 372 ADDENDUM NO. 1 The Georgia Department of Transportation (hereinafter referred to as the DEPARTMENT) and City of Milton (hereinafter referred to as the CITY) hereby enter this Addendum No. 1 this ___ date of ___________, 2016 to that certain contract executed on July 11, 2014 regarding project(s)/P.I. # 0007313, Fulton County, between the DEPARTMENT and the CITY (“Contract”). Whereas, both parties agree to change the amount of reimbursable right of way expenses in the first paragraph of ITEM I located on page 2 of 17 of the Contract; Whereas, both parties agree to change the amount of reimbursable right of way expenses in the first sentence of ITEM III located on page 3 of 17 of the Contract; and Whereas, both parties agree to change the name of the Authorized Official on page 13 of 17 of the Contract (ADDENDUM 1, GDOT Title IV Assurances). NOW THEREFORE, in consideration of the mutual covenants, conditions, and provisions set forth herein, the DEPARTMENT and the CITY agree as follows: 1. ITEM I, first paragraph, is deleted in its entirety and replaced with the following: The DEPARTMENT agrees to reimburse the CITY Not to Exceed $2,200,000.00 for eligible right of way costs. Reimbursable right of way expenses include land and improvement cost, relocation expenses and contracted property management costs. Non-reimbursable right of way expenses include, but may not be limited to, manpower, appraisal, administrative, attorney fees and any in-house property management. 2. The first sentence of ITEM III is deleted in its entirety and replaced with the following: As set forth in ITEM I above, the DEPARTMENT will reimburse Not to Exceed $2,200,000.00 of eligible right of way expenses. 3. GDOT Title VI Assurances, (ADDENDUM 1) page 13 of 17, Name of Authorized Official is amended to read as follows: Russell R. McMurry, P.E., Commissioner, dated August 7, 2015. All other provisions of the Contract, as amended, not affected by the provisions of this Addendum shall remain in force and effect. IN WITNESS WHEREOF, this instrument has been and is executed on behalf of the DEPARTMENT by the Commissioner of the Department of Transportation and on behalf of the CITY by ________________________ being duly authorized to do so by the Mayor and City Council of the City of Milton. Executed on behalf of the Department Of Executed on behalf of the City of Milton Transportation this ___ day of ____________, this ___ day of ____________________, 2016. 2016. BY: ________________________________ APPROVED MAYOR BY: _____________________________ COMMISSIONER This Contract was approved by the City Council at a meeting held this ___ day of ATTEST: ___________________, 2016. ________________________________ ________________________________ TREASURER CLERK TO THE CITY Witness for the Department of Transportation: Witness for the City: ________________________________ ________________________________ 0 HOME OF' HE BEST QUALITY Of LIFE IN GEORGIA' N* MILTOESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Proclamation Honoring Cambridge and Milton Students Who Chose to Serve Their Country in a Military Career MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (q APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES () NOT APPROVED (xqO (-�`N O APPROVAL BY CITY ATTORNEY: ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: alt6l xv REMARKS: �» Tuo® PHONE: 678.242.25001 FAX: 678.242.2499 Green :+ ' 0#4 InfofcByofmlBonga.us I w .cHyofmBfonga.us Commumly �a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 — - `°"""`° °"°"" a Honoring Cambridge High School and Milton High School Students Who Chose to Serve their Country in a Military Career WHEREAS, one of the main responsibilities of our Federal Government is to provide for the National Defense; and WHEREAS, the branches of the United States Military have a long and prestigious history of shaping and producing the finest young minds in America – producing not only soldiers, but also scholars, national leaders and diplomats; and WHEREAS, every year, thousands of students across America choose to pursue both higher education and military service by attending U. S. military service academies, military universities, or enrolling in officer training programs; and WHEREAS, in order to qualify for selection, these students must excel in academic, athletic and leadership abilities; and WHEREAS, these students will be developed mentally, morally and physically and will be imbued with the highest ideals of duty and loyalty, and with the core values of honor, courage and commitment before being commissioned as officers; and WHEREAS, through their dedication, these students have displayed exemplary character by choosing to better serve their country, their community, their families and themselves at a time in their lives when such an important choice is honorable; and WHEREAS, Cambridge High School students: Elijah Daniel Abley, Keaton James Bruder, Benjamin Nicholas Faber, Benjamin Emmanuel Padezanin, and Michael Andrew Takacs will join the Marines; Aimee Grace Dervishian will attend the Naval Academy; Matthew Ryan Hughes received an ROTC scholarship to attend the University of Oregon; Alexander Jaquith will join the Air Force, and Seth Joseph Schroeder will join the Coast Guard. Milton High School students: Jack Bluth will attend the Air Force Academy; Preston Dawes received an Army ROTC scholarship to attend The Citadel; Angus Ho received an Army ROTC scholarship to attend Auburn University; Clayton Marshall received an Army ROTC scholarship to attend Clemson University. NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby honor Milton students who choose to serve their country in a military career. Given under our hand and seal of the City of Milton, Georgia on this 6th day of June 2016. _________________________________ Joe Lockwood, Mayor HOME OF HF [o. 'J GEORGIA' M1 0N'k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ16-02/VC16-01 -To Rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63.57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-1141(d)(1)(b)]. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,J�APPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: /) YES (q -'NO CITY ATTORNEY REVIEW REQUIRED: (] YES (,1"N0 APPROVAL BY CITY ATTORNEY: ,C J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: QGI61/lCV& REMARKS: fj it Took .+. PHONE: 678.242.25001 FAX: 678.242.2499 Green • *� r4iO9 InlofcHyofmiHongo.us l w .cifyormfNonga.us wa ve C_ommum Wiz. 13000 Deerfield Parkway, suite 107 1 Milton GA 30004 LRS �E^*^•• •^^�e ro Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 1 of 29 RZ16-02/VC16-01 RZ16-02/VC16-01 PROPERTY INFORMATION ADDRESS 745 Ebenezer Road DISTRICT, LAND LOT 2/2 1016, 1073, 1074 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 63.57 EXISTING USE Undeveloped PROPOSED USE 48 Single Family Residential lots* PETITIONER Brightwater Homes, LLC – Charlie Bostwick ADDRESS 230 Hammond Drive Sandy Springs, GA 30328 REPRESENTATIVE G Douglas Dillard Pursley Friese Torgrimson Promenade, Suite 1200 1230 Peachtree Street Atlanta, Ga 30309 INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 48 single family homes on 63.57 acres at an overall density of 0.755 units per acre* and a concurrent variance to increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 2 of 29 RZ16-02/VC16-01 HISTORY OF REZONING REQUEST PLANNING COMMISSION RECOMMENDATION – FEBRUARY 24, 2016 RZ16-02/VC16-01 – DEFERRAL TO THE MARCH 23, 2016 PLANNING COMMISSION MEETING COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL VC16-01 – DENIAL PLANNING COMMISSION RECOMMENDATION – MARCH 23, 2016 RZ16-02 – DENIAL (7-0) VC16-01 – DENIAL (7-0) MAYOR AND CITY COUNCIL RECOMMENDATION – APRIL 25, 2016 RZ16-02 – APPROVAL CONDITIONAL (4-2) FOR 45 LOTS VC16-01 – APPROVAL CONDITIONAL (4-2) This application was previously considered with a vote of approval by the City Council at the Council’s April 25, 2016 meeting; however, the City Council’s ordinance approving the application was vetoed by the Mayor on May 9, 2016. On May 16, 2016, the City Council failed to override the Mayor’s veto. As such, the application is being returned to the City Council for further consideration. COMMUNITY DEVELOPMENT RECOMMENDATION – JUNE 20, 2016 RZ16-02 – DENIAL VC16-01 – DENIAL Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 3 of 29 RZ16-02/VC16-01 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 4 of 29 RZ16-02/VC16-01 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 5 of 29 RZ16-02/VC16-01 2030 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 6 of 29 RZ16-02/VC16-01 50 lot development plan (yield plan) per Sec. 64-896 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 7 of 29 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 8 of 29 RZ16-02/VC16-01 Level Three Soil Map Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 9 of 29 RZ16-02/VC16-01 Site Plan submitted on January 7, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 10 of 29 RZ16-02/VC16-01 Revised Conceptual Site Plan Submitted February 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 11 of 29 RZ16-02/VC16-01 Revised Site Plan Submitted on March 17, 2016 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 12 of 29 RZ16-02/VC16-01 Rendered Yield Plan Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 13 of 29 RZ16-02/VC16-01 Revised Site Plan Submitted on May 31, 2016 (48 Lots) Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 14 of 29 RZ16-02/VC16-01 SUBJECT SITE AND BACKGROUND: The subject site contains 63.57 acres and is undeveloped although one of the parcels did have a single family residence adjacent to the lake which has been demolished. The site is zoned AG-1 (Agricultural) and is located within the “Agricultural, Equestrian, Estate Residential ” designation of the 2030 City of Milton Comprehensive Plan. The applicant is requesting a rezoning to CUP (Community Unit Plan) to build 48 single family residences at an overall density of 0.755 units per acre*. SITE PLAN ANALYSIS DEVELOPMENT PLAN – SEC. 64-896 Properties not served by sanitary sewer shall be required to provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. The applicant has submitted all of the above listed i tems depicted as a “traditional” AG-1 (Agricultural) district subdivision. Based on these parameters, the maximum number of lots that can be developed is 50 lots. Staff also refers to this plan as the “Yield Plan”. DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height Applicant has not indicated height Minimum lot area as specified in conditions The minimum lot size shown is 11,250 sq. ft. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 15 of 29 RZ16-02/VC16-01 Minimum CUP development size shall be four acres The CUP development size is 63.57 acres Maximum density allowed is 5 units per gross acre The density of the subject site is 0.755 units per acre* Minimum lot width (at building line) per conditions 72 feet Minimum CUP development frontage shall be 35 feet Exceeds the minimum Minimum lot frontage shall be 20 feet adjoining a street 20 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified Per the site plan-States 50 foot buffer The following are proposed building setbacks and development standards for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 10 feet (20 feet previously) b) Side yard setback – 5 feet with minimum 15-foot separation between buildings c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 20 feet The applicant has indicated that there will be a minimum of 50 percent open space. Below is the Zoning Ordinance’s definition of “open space”: Open space means a portion of a site which is permanently set aside for public or private use and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 16 of 29 RZ16-02/VC16-01 OTHER SITE PLAN CONSIDERATIONS OF THE APPLICANT’S REVISED CONCEPTUAL SITE PLAN SUBMITTED MAY 31, 2016 The proposed site plan does not indicate sidewalks within the development or along Ebenezer Road. The construction of sidewalks within a residential land use designation of one unit or less shall be decided on a case-by-case basis pursuant to Chapter 50 of Subdivisions (City Code). The applicant has stated that internal walking paths throughout the entire property should be considered in lieu of the sidewalk requirement. Staff notes that Ebenezer Road and its associated right-of-way is in the City of Roswell. Therefore, Staff has included transportation conditions to be coordinated with the City of Roswell. The conceptual site plan submitted on May 31, 2016 does show two “possible” detention areas and one detention area on the site. A conceptual stormwater management plan will be required prior to the submittal of a Land Disturbance Permit. The applicant proposes to utilize a community septic system where each lot will have its own septic tank and the effluent is pre-treated and then applied onto a dedicated site for leaching for the entire community. The site plan indicates the general location of the community septic leaching area in the undeveloped area on the northeast portion of the site and also possible septic drain field area just east of the entrance and lot #48 on the site plan submitted on May 31, 2016. Staff notes that this system would be evaluated and permitted by the Georgia Department of Natural Resources, Environmental Protection Division and not the Fulton County Health Department. SITE PLAN OBJECTIVES FOR THE PROPOSED DEVELOPMENT It is Staff’s opinion that in order to preserve the subject site and create a community that is designed with the property and its unique qualities, Staff suggests the following objectives when evaluating the proposed site plan: 1) Conservation Area (size) – The overall amount of open space or conservation area is 50%. The majority is located in the northeast portion of the property and it is Staff’s opinion that this northeast portion of the property should be developed in order to preserve the rural view shed along Ebenezer Road. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 17 of 29 RZ16-02/VC16-01 2) Small rural enclave or hamlets – The development pattern appears to be more suburban in character than enclave or hamlets. 3) Small residential nodes – There are three areas but two of the three areas dead end and do not connect. 4) Consider this parcel as part of a larger overall plan for the area – Potential for connecting with adjacent parcels that may be developed in the future has not been shown on the site plan. 5) Preserve rural character from the roadway(s) – Although there is approximately 100 feet of viewshed with additional area on the eastern portion of the site adjacent to Ebenezer Road, more of the development should be pushed away from the road to protect the existing pastureland and placed in the north east section of the site. 6) Vehicular and pedestrian inter-connectivity – It appears there can be easy pedestrian inter-connectivity, but vehicular inter-connectivity is not shown to adjacent parcels. 7) Naturalized detention area(s)- It appears that the existing pond will be utilized but further details will be needed. 8) Internal trail network- There is an internal trail network on the site. 9) Rural architecture/local vernacular – The applicant is in agreement with this type of architecture but has not agreed to individual building permit approval by the City Architect. 10) Preserve existing vegetation and topography to the extent possible when siting homes. The applicant has indicated that he is in agreement for the City Arborist to approve each lot’s site plan for removal of vegetation which is not subject to the Tree Preservation Ordinance. 11) Variable lot sizes and building locations on the lot – Although there are different size lots, they are divided up into four locations instead of creating pods of home sites so that there is the opportunity to locate homes based on topography and vegetation. This method would preserve specimen trees and or stands of trees on the site. It is Staff’s recommendation not to support the applicant’s revised site plan submitted May 31, 2016 because it does not meet the above site plan objectives and provide the best solution for developing the subject site. The applicant submitted a set of architectural conditions on April 19, 2016 for the proposed development. If this petition is approved, Staff is in support of them and are included in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 18 of 29 RZ16-02/VC16-01 VC16-01 - To increase the maximum lot coverage from 20 percent to 50 percent for each individual lot (Sec. 64-1141(d)(1)(b)). The applicant has requested the above concurrent variance to increase the maximum lot coverage based on the fact that the lots are small in size and would not meet the maximum 20 percent requirement which is typically attainable when one acre lots are developed. Staff does not recommend the submitted site plan by the applicant and therefore recommends DENIAL of VC16-01 but the request is included in the Recommended Cond itions if the Mayor and City Council choose to approve the increased lot coverage to 50 percent. ENVIRONMENTAL SITE ANALYSIS The applicant has completed the listing of questions on the ESA as required by Section 64-2126 of the zoning ordinance. A field survey of the site was conducted by Staff and verified the presence of a perennial stream, manmade pond, wetlands, flood plain, steep slopes, and specimen trees. CITY ARBORIST The applicant included the specimen trees on the yield plan. At the time of submittal of a land disturbance permit, more detailed evaluation of the specimen trees will be made. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 19 of 29 RZ16-02/VC16-01 FULTON COUNTY BOARD OF EDUCATION FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 20 of 29 RZ16-02/VC16-01 Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 21 of 29 RZ16-02/VC16-01 PUBLIC INVOLVEMENT On January 26, 2016 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were seven residents from the community in attendance who signed the sign in sheets. The community stated that they were concerned about the additional traffic that 50 lots would produce and the small lots instead of one acre lots. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Monday, February 15, 2016 at the Kroger Community Room at12460 Crabapple Road. There were ten residents in attendance. Attached at the end of the report are the questions and concerns raised at the meeting. The applicant provided the required Public Participation Report on February 19, 2016 via e-mail. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – April 5, 2016 Comments regarding revised site plan submitted March 17, 2016: • Biggest concern is the adjacent neighbors and neighbors down the street. • Community septic, I personally don’t disagree that it’s a better system. • Overwhelming concern, is what the road view is going to look like. Have a stakeholders meeting and do this same presentation. • I like the idea of people getting older, and they don’t want to have so much yard to take care of. I think that’s a great idea. • A great pitch is that…., you are building the subdivision and house to fit the land, not the land to fit the house. • When I started with this, I was not supportive… I thought it was a money issue. It’s going to cost you $300,000 to build a bridge or $300,000 to put the septic in. When you educate the public on the functionality of the technology and how its evolving….educating people about that is a good thing. Moving the houses off the road…you’re being a good neighbor. I think you are doing the right thing that would be of the best interest of the neighbors. I’m starting to believe that this is a good idea for this particular piece of land. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 22 of 29 RZ16-02/VC16-01 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 48 lot single family residential subdivision developed at a density of 0.755 units per acre is inconsistent with adjacent and nearby properties which are scattered single family residences on large lots. The proposed lots are less than one acre in size but are a minimum of 50 feet adjacent to the AG-1 properties. It is Staff’s opinion that the applicant can create a more appropriate development pattern by moving a portion of the lots to the northeastern portion of the site where there is no development. This would allow for a larger “view shed” along Ebenezer Road and eliminate the dead end cul-de-sacs. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal adversely affects the existing use or usability of the adjacent properties based on the location and size of the lots to the west, east and along Ebenezer Road. The parcel can be developed so that the lots can be moved away from Ebenezer Road to preserve the rural viewshed and cross the stream to the northeast portion of the site. In addition, there can be groupings of lots with greenspace in between and the ability to site each house to preserve any appropriate vegetation or topography. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning will have a minimal impact on the Crabapple Crossing Elementary, Northwestern Middle School, and Milton High School. Although all three Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 23 of 29 RZ16-02/VC16-01 schools are enrolled over the capacity, the schools are made aware of the demographic changes occurring in the region. The proposed subdivision, if developed with the Recommended Conditions regarding transportation may not have a negative impact on exciting streets, transportation facilities, or utilities if developed with the Recommended Conditions. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2030 City of Milton Comprehensive Plan: Agricultural, Equestrian, Estate Residential Proposed use/density: Single Family Residential at 0.755 units per acre Although the proposed CUP (Community Unit Plan) development conforms to the recommended overall density of one unit or less per acre, it does not conform to the following suggested policy and intent of the 2030 City of Milton Comprehensive Plan if developed with the Recommended Conditions.  We will encourage development that is sensitive to the overall setting of the community and will contribute to our comm unity’s character and sense of place. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? It is Staff’s opinion that the revised site plan submitted on May 31, 2016 by the applicant does not provide the best site plan for the subject site considering the site’s pristine, rural character. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City, but it is the opinion of Staff Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 24 of 29 RZ16-02/VC16-01 that the homes can be better sited on the property to preserve the natural resources such as trees and unique topography of the site. CONCLUSION Based on the above analysis of the proposed development, Staff recommends DENIAL of RZ16-02 and VC16-01. If the Mayor and City Council chooses to approve the applicant’s revised site plan submitted on May 31, 2016, Staff has provided the attached Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 25 of 29 RZ16-02/VC16-01 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 48 total dwelling units at a maximum density of 0.755 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan submitted on May 31, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 11,250 square feet Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 26 of 29 RZ16-02/VC16-01 b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan – 50 feet j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of building permit, the City Architect shall have the right to review the exterior elevations to ensure that the exterior architecture is in general conformity to the Architectural Conditions as outlined in Conditions 5a. and 5b. l) Prior to issuance of the Land Disturbance Permit, Owner shall have concluded and presented to the City of Milton Arboris t for comment only a tree report of the subject site. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state, with the exception of removal of invasive species or establishment of nature trails (of mulch or natural materials only). Existing pasture areas may be maintained to keep in pastoral state (removal of privet or invasive species, intermittent mowing, etc). 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. Such Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 27 of 29 RZ16-02/VC16-01 interparcel access shall not be the primary entrance to future development unless otherwise approved by the Owner and the City of Milton. c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Per mit. d) It is the desire and intention of the owner and surrounding property owners to maintain the rural look and feel of Ebenezer Road and Sweet Apple Road. In Furtherance thereof, Sweet Apple Road should remain as a gravel road without improvement. Ebenezer Road should similarly remain as presently configured. As it is intended that the interior roads for the development be public, the owner agrees to dedicate at no cost to the City of Milton prior to the plat recording, sufficient land as required by the City of Milton Public Works Department for a spine road accessing the subject property from Ebenezer Road with the first 200 feet being improved as a rural road section in keeping with the rural feel of Ebenezer Road. The interior neighborhood roads shall be improved with curb, gutter and sidewalk as should be required by the City of Milton Public Works Department. 5) To the owner’s agreement to the following building development considerations: a) Historically inspired American style homes using rural and small town vernacular architecture. b) Façade and Exterior Finishes: 1. Cladding shall consist of a mix of: i. Natural Stone – no synthetic stone ii. Lap Siding to be fiber cement board 1. Smooth finish boards 2. Variety of siding exposure widths iii. Board and Batten iv. Natural Wood Shake v. Variety of traditional brick colors and textures found in rural and small town America. 2. Front porches (minimum 8 feet deep) or wrap around porches: Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 28 of 29 RZ16-02/VC16-01 i. Appropriately sized columns ii. Columns using classical orders 3. Windows sashes to include muntin patterns of six lights over six, 3/1, 4/1, 6/1, 9/9, 1/1 or 2/2. 4. When shutters are used, they will include hinges and be sized appropriately for the window. 5. Roofing materials to include allowable roof types: i. Standing Seam Metal ii. Architectural Asphalt Shingles iii. Wood Shake 6. Roofs shall be sloped or gabled, shed roofs for accent only. 7. Metal gutters with round downspouts. 8. Carriage Style Garage Doors. 9. Rear of homes along Ebenezer road to include four sides architecture. 6) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Prepared by the Community Development Department for the City of Milton Mayor and City Council Meeting on June 20, 2016 (First Presentation June 6, 2016) *Based on a revised site plan submitted on May 31, 2016. 6/2/2016 Page 29 of 29 RZ16-02/VC16-01 Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to issuance of land disturbance permit, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations if regulated by Fulton County. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. d) Shall reserve not less than 50% of the total buildable area as Open Space, which Open Space shall be placed in a permanent conservation easement or other similarly binding instrument or arrangement as approved by the Community Development Director, in order to preserve the Open Space against future development. Page 1 of 10 ORDINANCE NO._______ PETITION NO. RZ16-02/VC16-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 48 LOT SINGLE FAMILY SUBDIVISION ON 63.57 ACRES LOCATED AT 745 EBENEZER ROAD. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 20, 2016 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following property located at 745 Ebenezer Road consisting of a total of approximately 63.57 acres as described in the attached legal description , be approved for a 48 lot single family subdivision zoned CUP (Community Unit Plan) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1016, 1073, and 1074 of the 2nd District 1st Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the single family subdivision in the attached conditions of approval, be approved under the provisions in Article VI, Division 23, of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 20th day of June, 2016. Page 2 of 10 Approved: ______________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie Gordon, City Clerk (Seal) Page 3 of 10 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at 745 Ebenezer Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows : a) Single family detached dwellings and accessory uses and structures. b) No more than 48 total dwelling units at a maximum density of 0.755 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan submitted on May 31, 2016. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 11,250 square feet b) Minimum lot width (at building line) – 72 feet c) Minimum lot frontage – 20 feet d) Minimum heated floor area per unit – 2,400 square feet e) Minimum front yard setback – 10 feet Page 4 of 10 f) Minimum side yard setback – 5 feet with a 15 foot building separation g) Minimum side yard setback adjacent to a street – 20 feet h) Minimum rear yard- 20 feet i) Adjacent to AG-1 (Agricultural) – Per the Site Plan – 50 feet j) Minimum perimeter setback for the development – Per the Site Plan k) Prior to issuance of building permit, the City Architect shall have the right to review the exterior elevations to ensure that the exterior architecture is in general conformity to the Architectural Conditions as outlined in Conditions 5a. and 5b. l) Prior to issuance of the Land Disturbance Permit, Owner shall have concluded and presented to the City of Milton Arborist for comment only a tree report of the subject site. m) Provide a minimum of 50 percent open space. n) Maximum lot coverage of 50 percent for each individual lot. (VC16-01). o) In order to provide a defined building construction area, provide a plan at the time of Land Disturbance Permit submittal that indicates the areas of disturbance including grading and tree removal for the site. All areas not disturbed or graded shall remain in a natural state, with the exception of removal of invasive species or establishment of nature trails (of mulch or natural materials only). Existing pasture areas may be maintained to keep in pastoral state (removal of privet or invasive species, intermittent mowing, etc). 4) To the owner’s agreement to abide by the following requirements, dedications, and improvements: a) Dedicate at no cost to the City of Roswell prior to the approval of a Land Disturbance Permit, sufficient land as required by the City of Roswell Department of Transportation i. Proposed right-of-way shall be located no less than 16 feet behind the edge of pavement of Ebenezer Road as required by the City of Roswell Department of Transportation b) Dedicate at no cost to the City of Milton sufficient land as necessary to provide for 50 feet of right of way from the proposed roadway to the northwest property line for future interparcel connection as required and approved by the City of Milton Public Works Department. Such interparcel access shall not be the primary entrance to future development unless otherwise approved by the Owner and the City of Milton. c) Access to the site shall be subject to the approval of the City of Milton Public Works Department and the City of Roswell Department of Transportation, prior to the issuance of a Land Disturbance Permit. Page 5 of 10 d) It is the desire and intention of the owner and surrounding property owners to maintain the rural look and feel of Ebenezer Road and Sweet Apple Road. In Furtherance thereof, Sweet Apple Road should remain as a gravel road without improvement. Ebenezer Road should similarly remain as presently configured. As it is intended that the interior roads for the development be public, the owner agrees to dedicate at no cost to the City of Milton prior to the plat recording, sufficient land as required by the City of Milton Public Works Department for a spine road accessing the subject property from Ebenezer Road with the first 200 feet being improved as a rural road section in keeping with the rural feel of Ebenezer Road. The interior neighborhood roads shall be improved with curb, gutter and sidewalk as should be required by the City of Milton Public Works Department. 5) To the owner’s agreement to the following building development considerations: a) Historically inspired American style homes using rural and small town vernacular architecture. b) Façade and Exterior Finishes: 1. Cladding shall consist of a mix of: i. Natural Stone – no synthetic stone ii. Lap Siding to be fiber cement board 1. Smooth finish boards 2. Variety of siding exposure widths iii. Board and Batten iv. Natural Wood Shake v. Variety of traditional brick colors and textures found in rural and small town America. 2. Front porches (minimum 8 feet deep) or wrap around porches: i. Appropriately sized columns ii. Columns using classical orders 3. Windows sashes to include muntin patterns of six lights over six, 3/1, 4/1, 6/1, 9/9, 1/1 or 2/2. 4. When shutters are used, they will include hinges and be sized appropriately for the window. 5. Roofing materials to include allowable roof types: i. Standing Seam Metal Page 6 of 10 ii. Architectural Asphalt Shingles iii. Wood Shake 6. Roofs shall be sloped or gabled, shed roofs for accent only. 7. Metal gutters with round downspouts. 8. Carriage Style Garage Doors. 9. Rear of homes along Ebenezer road to include four sides architecture. 6) To the owner’s agreement to abide by the following: a) Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. b) Owner agrees to limit the number of homes adjacent to the viewshed along Ebenezer Road to no more than seven (7) homes. c) Owner agrees to the following items regarding the community septic system: i. Owners shall submit a perpetual maintenance and operations bond sufficient to cover the replacement of all essential mechanical equipment and provide for a minimum of three years of contract operations services. The perpetual maintenance and operations bond shall be in a form and amount acceptable to the City and from a surety rated no less than B++ by A.M. Best. ii. Owner shall submit a Trust Indenture in a form acceptable to the Georgia Environmental Protection Division and the city of Milton shall have the authority to approve the Trustee. The Owner shall provide written statements indicating that the proposed Trustee’s relationship to the Grantor does not create a conflict of interest for the Trustee and that the Trustee is willing and capable of the responsibilities established by the Trustee Indenture. iii. Owner shall submit to the city, prior to issuance of land disturbance permit, confirmation from Fulton County that the proposed septic system is in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations if regulated by Fulton County. iv. City shall have the right to review and approve the design of any community septic system proposed for the project prior to the issuance of a land disturbance permit. v. No expansion of the system, other than as may be required by the appropriate regulatory authority, shall be permitted and no lots, other than those shown on the approved site plan shall be Page 7 of 10 added to the community septic system. Neighborhood covenants shall be prepared and recorded that provide that the system shall not be expanded to serve lots or development outside of the lots on the approved site plan. d) Shall reserve not less than 50% of the total buildable area as Open Space, which Open Space shall be placed in a permanent conservation easement or other similarly binding instrument or arrangement as approved by the Community Development Director, in order to preserve the Open Space against future development. Page 8 of 10 Page 9 of 10 Page 10 of 10 REVISED SITE PLAN SUBMITTED MAY 31, 2016 Page is too large to OCR. 92 HOME OF'THE BEST QUALITY OF LIFE C-0 MILT01STABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 2, X016 FROM: Steven Krokoff, Interim City Manage/�p AGENDA ITEM: Consideration of RZ15-18-To Amend the AG -1 (Agricultural) District, Chapter 64, Article VI, Division 2 MEETING DATE: Monday, June 6, 2016 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: ( VES () NO CITY ATTORNEY REVIEW REQUIRED: QIKES () NO APPROVAL BY CITY ATTORNEY: (J APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: 0cf I2off REMARKS: 0 * Your PHONE: 678.242.25001 FAX: 678.242.2499 ® % en 4s • G ; !"a. \ info®cilyofmlltonga.us l www.cnyofmlfonga.usw Commun 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 =ity a Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regul ations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 8 DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Sec. 64-414. - Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No. 13-03-160, § 1, 3-18-2013) Sec. 64-415. - Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided t hat the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 8 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres . (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property contai ning less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (10) Equine garment fabrication: provided buildings do not exceed 2,000 square feet in size and outside storage shall comply with subsection 64-49(b)(3). (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No. 13-03-160, § 1, 3-18-2013; Ord. No. 15-04-243, § 1, 4-27-2015) Sec. 64-416. - Development standards. (a) No building shall exceed 40 feet in height except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 8 (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (Ord. No. 13-03-160, § 1, 3-18-2013) (j) All entrances off of a public right-of-way shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic s ystems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 8 b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a leg al interest in the parcel no later than the final closing of the transfer. Sec. 64-418417 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. . (2) Fences shall not exceed 5560 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 5 of 8 (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 5560 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-418 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensur e the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 6 of 8 Sec. 64-419 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, go ats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 7 of 8 Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-420 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issue d, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist . Sec. 64-421419. - Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: Article XVI. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-18 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 8 of 8 (Ord. No. 13-03-160, § 1, 3-18-2013) Secs. 64-418421—64-436. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-18 AN ORDINANCE TO AMEND THE AG-1 (AGRICULTURAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 2 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the AG-1 (Agricultural) District, Article VI, Division 2 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HGME OF'THE BEST QUALITY OF LIFE EO MILTON*kESTABLISH ED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-19-To Amend the R-1 (Single Family Residential) District, Chapter 64, Article VI, Division 3 MEETING DATE: Monday, June 6, 2016 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: 6„�I/ES () NO CITY ATTORNEY REVIEW REQUIRED: (a -YES () NO APPROVAL BY CITY ATTORNEY: /APPROVED PLACED ON AGENDA FOR: 00/sO(G REMARKS: () NOT APPROVED M,* Toul PHONE: 678.242.2500 I FAX: 678.242.2499 Infofol olmiMon a.us w .o Ll •�1re`en a * ei'd . *w"7� W s Hyl 1 Milton G Community o-� 13000 Deerfield Parkway, Suite 107 Mil}on GA 30004 - _..•.a ..,.,. - �o.J Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regul ations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 6 DIVISION 3. - R-1 SINGLE-FAMILY DWELLING DISTRICT Sec. 64-437. - Scope and intent. The regulations set forth in this division are the R-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The R -1 district encompasses lands devoted to residential areas and closely related uses. Sec. 64-438. - Use regulations. Within the R-1 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry r aising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A building or lot may be used for uses customar ily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-439. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height . except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be two acres. (f) Minimum lot width shall be 200 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,800 square feet on ground level. (2) For two-story dwelling: 2,000 square feet; or (3) For more than two-story dwelling: 2,000 square feet with 1,200 square feet on ground floor. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 6 (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) All entrances off of public right-or-way shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40-foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 6 c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre - construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary se tback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-440 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 6 (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-441 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non- residential uses, the community development department shall hold a public informational meeting at the subject site within 30 days of the conceptual plan or Land Disturbance Perm it being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public, on site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-442 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 5 of 6 production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-19 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 6 of 6 Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-443 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-440444. - Other regulations. The following headings contain provisions applicable to uses allowed in the R -1 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-441445—64-459. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-19 AN ORDINANCE TO AMEND THE R-1 (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 3 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-1 (Residential) District, Article VI, Division 3 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'7 HE BEST QUALITYOF LIFE IN GEORGIA *! M 1 LTON 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ15-20-To Amend the R-2 (Single Family Residential) District, Chapter 64, Article VI, Division 4 MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (.y APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: LIYES (J NO CITY ATTORNEY REVIEW REQUIRED: (yYES () NO APPROVAL BY CITY ATTORNEY: Q -APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: a/W1011 REMARKS: �y Your PHONE: 678.242.25001 FAX: 678.242.2499 ®Green • *c.mr;'V` uve Community°hy o1 130DO tyorfield oa.us ww Suite 1 Milton V 13000 Deerfield Parkway, Suite 107 Milton GA 30004 a" Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regul ations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 6 DIVISION 4. - R-2 SINGLE-FAMILY DWELLING DISTRICT Sec. 64-460. - Scope and intent. The regulations set forth in this division are the R-2 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R -2 district is intended to provide land areas devoted to very low density residential uses. The district also provides for closely related uses. Sec. 64-461. - Use regulations. Within the R-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-462. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 6 (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) All entrances off of public right-of-way shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20-foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 6 (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-2 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-463 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 6 (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-464 - Pre-Development Notification and Public, On Site Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail t o all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-465 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 5 of 6 sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-20 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 6 of 6 Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-466 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-463467. - Other regulations. The following headings contain provisions applicable to the R-2 district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2, of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-464468—64-482. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-20 AN ORDINANCE TO AMEND THE R-2 (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 4 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2 (Residential) District, Article VI, Division 4 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk M HOME OF'THE BEST QUALITY OF LIFE IN GEO M I LTONV ESTABLISEED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 016 FROM: Steven Krokoff, Interim City Man( er AGENDA ITEM: Consideration of RZ15.21 -To Amend the R -2A (Single Family Residential) District, Chapter 64, Article VI, Division 5. MEETING DATE: Monday, June 6, 2016 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: (LXES NO CITY ATTORNEY REVIEW REQUIRED: (,ytES (J NO APPROVAL BY CITY ATTORNEY: ("v'APPROVED NOT APPROVED PLACED ON AGENDA FOR: 6gv4l9016 REMARKS: ©� Youlm PHONE: 678.242.25001 FAX: 678.242.2499 Green11 k -N iMo�cilyofmiltonga.us l ww w.eltyofmiRongn.usnnue Communi 41.ryd' 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 - __•*••• •a=•=o Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regul ations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 6 DIVISION 5. - R-2A SINGLE-FAMILY DWELLING DISTRICT Sec. 64-483. - Scope and intent. Regulations set forth in this subdivision are the R-2A district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The R - 2A district is intended to provide land areas devoted to low density residential uses. The district also provides for closely related uses. Sec. 64-484. - Use regulations. Within the R-2A district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear propert y lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec. 64-485. - Development standards. (a) Height regulations. No building shall exceed 40 feet in height ,. except for single family dwellings, see Sec. 64-1141 (c). (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be 27,000 square feet. (f) Minimum lot width shall be 120 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 17,000 square feet on ground floor; Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 6 (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. (i) Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (j) All entrances off of public right-of-way shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (k) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary setback, except where they cross the rural viewshed in a perpendicular manner. c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 6 c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the requir ed pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in an R-2A zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which this Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Sec. 64-486 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonryposts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 6 (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-487 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-488 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 5 of 6 production services such as plowing, fertilizing, seed bed preparation, planting, cu ltivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, s orting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-21 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 6 of 6 Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-489 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land t o its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. Sec. 64-486490. - Other regulations. The following headings contain provisions applicable to the R-2A district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-487491—64-505. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-21 AN ORDINANCE TO AMEND THE R-2A (RESIDENTIAL) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 5 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the R-2A (Residential) District, Article VI, Division 5 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE M GEORGIA' 110 MItTON t ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25(, ?(1l ¢ FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of RZ75.23 -To Amend the CUP (Community Unit Plan) District, Chapter 64, Article VI, Division 23 MEETING DATE: Monday, June 6, 2016 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: (AYES (J NO CITY ATTORNEY REVIEW REQUIRED: (.,/YES (J NO APPROVAL BY CITY ATTORNEY: C, ,APPROVED (J NOT APPROVED PLACED ON AGENDA FOR: OG/wooff. REMARKS: © y Yauln PRONE: 678.242.25001 PAX: 678.242.2499 ® Green ;• ` c*� pop w inlo0cityolmlltonga.us I w .cX"firn onga.us a COMMYIII�/ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - """""' s Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 8 DIVISION 23. - CUP COMMUNITY UNIT PLAN DISTRICT Sec. 64-894. - Scope and intent. (a) The regulations in this division are the CUP District regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housi ng types within a planned community setting. (b) The CUP district is intended to: (1) Encourage the development of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and functional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-895. - Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Golf, country club, pool and recreatio n court. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to co nvenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-896. - Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 8 (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. (g) Properties that are not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the num ber of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-897. - Development standards. (a) Height regulations. The height of non-single family residential structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be four contiguous acres. (e) Maximum density shall be as follows: (1) Single-family dwelling: 5.0 units per gross acre. (f) Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 150 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. (i) Minimum heated floor area per unit shall be as specified in conditions. (j) Minimum perimeter setback (entire CUP development) shall be as specified in conditions. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 8 (k) Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (l) Minimum accessory structure requirements: (1) Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (o) All entrances off of public right-of-way shall be rural, simple and rustic in design. These entrances shall be subject to the approval of the city architect. (1) Signage shall be one of the following designs: a. Shingle style b. Sign mounted in or on pillar i. Pillar shall not exceed eight (8) feet in height. (2) Walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. i. Knee walls shall be constructed of natural materials such as boulders, stacked stone, or wood formed brick or materials designed to give the appearance of such natural materials. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 60 feet from the exterior street’s right of way. (4) No water features are permitted. (p) Rural viewshed. (1) Provide a 40-foot primary setback from all proposed Milton Trail or sidewalk easements or proposed rights-of-way, whichever is more restrictive, along the exterior streets for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets: a. No disturbance within the 40 foot primary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. b. Driveways accessing exterior streets shall be prohibited within the 40 -foot primary setback, except where they cross the rural viewshed in a perpendicular manner. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 8 c. Individual septic systems may be installed in the primary setback with an approved primary variance if the primary and secondary septic fields fail and the property may be condemned by the Fulton County Health Department without such variance. The property owner shall provide proof of such potential condemnation prior to the application for a primary variance. (2) Provide a 20-foot secondary setback from the primary setback for buildings, accessory structures, and swimming pools for lots adjacent to exterior streets; a. Individual septic systems may be installed in the secondary setback with an approved primary variance. b. Driveways accessing exterior streets shall be prohibited within the 20 -foot secondary setback, except where they cross the rural viewshed in a perpendicular manner. c. No disturbance within the 20 foot secondary setback shall be allowed until a design review process is completed and the design of the rural viewshed is approved by the city arborist. (3) Criteria that may to be used by city arborist when performing a design review of the primary and secondary setbacks include: a. Evaluation of current state of vegetation; b. Screening of the structures (Note: additional plantings of indigenous plantings and grasses; may be required by the city arborist as a condition of approval.) c. Existence of pastoral or agricultural operations in area. (4) For structures located on lots subject to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1151; and (5) After issuance of the necessary permits to disturb the property but before the required pre- construction meeting, the developer shall install a 4 foot high orange tree save fence at least at the combined primary and secondary setback measured from the proposed Milton Trail or sidewalk easement or the proposed right of way. The fence shall be installed so as to protect heritage trees, protected trees and specimen trees as defined in Chapter 60 of the City Code. Location of such fencing shall be approved by the city arborist. In addition, a sign shall be posted on the fence every 25 feet indicating “rural viewshed”; (6) Notwithstanding anything to the contrary in this subsection, agricultural operations may occur in the primary and secondary setbacks. (7) Prior to the transfer of any legal interest in a CUP zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall ensure that there is recorded in the chain of title for the parcel an Affidavit stating the following: “At the time of the execution of this Affidavit, the property with respect to which th is Affidavit is filed is subject to certain restrictions contained in the City of Milton Zoning Ordinance, located in Chapter 64 of the Code of Ordinances of the City of Milton, Georgia. Such restrictions may include restrictions on development and disturbance of property located in the rural viewshed, which includes portions of property adjacent to streets not located within a platted subdivision.” In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 5 of 8 Sec. 64-898 – Fencing. (a) Fencing along exterior streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood, stone or masonry posts. (2) Fences shall not exceed 60 inches in height from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (6) Fences shall be set back a minimum of three feet from a public right-of-way. (7) If the side, side corner or rear yard is adjacent to an exterior street, any type of fence including opaque may be installed as long as the opaque fence is not visible from the street at any time of the year. (b) Fencing along interior subdivision streets, including front, side corner, side and rear of platted subdivision lots shall be as follows: (1) Allowed fencing material and type along the front is limited to three or four board wooden fencing or as otherwise subject to the approval of the community development director; and (2) Along sides and rear of a lot fencing material can be of any type. (3) Fences shall not exceed eight feet in height but not including fencing in the front which shall not exceed 60 inches in height from finished grade. (4) If a front, side, side corner, or rear lot line borders an exterior street, subsection (j) applies. (c) Fencing along side, side corner, or rear of nonsubdivision lots: (1) Allowed fencing material and type is not limited to three or four board wooden fencing. (2) Fences shall not exceed eight feet in height. (3) If a front, side, side corner or rear lot line borders an exterior street, see subsection (j). (d) Barbed wire is prohibited on any single-family residential lots, except when part of a legitimate agricultural use. Sec. 64-899 - Pre-Development Notification and Public Informational Meeting (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or Land Disturbance Permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the sch eduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 6 of 8 located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The post ed sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one City Staff member shall be present at the public informational meeting. (f) Members of the City Council and Planning Commission shall be notified of the public informational meeting. Sec. 64-900 – Definitions Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does NOT include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Lot is synonymous with tract and parcel. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 7 of 8 Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural Viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city’s visual and aesthetic character . The viewshed shall be comprised of two sections: a forty (40) foot primary setback, that section located closest to the exterior street; and, a twenty (20) foot secondary setback, located immediately contiguous to, the primary setback. Setback, primary means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary means a space contiguous to and to the interior of the primary setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. Sec. 64-901 – Violations and Penalties For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land t o its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist. (Ord. No. 14-10-223, § 1, 10-20-2014) Sec. 64-898902. - Other regulations. Rural Viewshed in each individual Zoning District 6/2/2016 RZ15-23 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 8 of 8 The following headings contain some additional, but not all, provisions applicable to the CUP district: (1) Development regulations: article XVII of this zoning ordinance. (2) Exceptions: article II, division 3 of this zoning ordinance. (3) Floodplain management: article IV of this zoning ordinance. (4) Off-street parking and loading: article VIII of this zoning ordinance. (5) Outside storage: article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A. § 12-5-440 et seq. (8) Signs: article XVI of this zoning ordinance. Secs. 64-899903—64-917. - Reserved. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-23 AN ORDINANCE TO AMEND THE CUP (COMMUNITY UNIT PLAN) DISTRICT, CHAPTER 64, ARTICLE VI, DIVISION 23 BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of the CUP (Community Unit Plan) District, Article VI, Division 23 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' Mi LTO N -W ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manag4EV, AGENDA ITEM: Consideration of RZIS-24-To Amend the Rural Milton Overlay for Single Family Type Uses (Sec. 64-1141) MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,.rAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: W�ES (J NO CITY ATTORNEY REVIEW REQUIRED: (.f-rES (J NO APPROVAL BY CITY ATTORNEY: f,?KPPROVED (J NOT APPROVED PLACED ON AGENDA FOR: o(,IWl tat REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499 Greeri Inforgcityofmillongams I w .c8yofrnUtanga.usCommunity 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - `•""""'"°"" a Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Delete Rural Viewshed from Rural Milton Overlay District 6/2/2016 RZ15-24 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 2 Sec. 64-1141. - Single-family type uses. (a) Landscaping. (1) Rural viewshed. a. Provide a 40-foot undisturbed buffer and an additional 20-foot no improvement setback for single-family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the city arborist. Submit landscape plan to arborist for the preservation of the rural view shed. b. For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed and approved by the city architect prior to the issuance of a building permit. These structures shall be designed with 360-degree architecture and shall meet the intent of section 64-1155. (21) Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (32) No removal of protected trees (chapter 60, article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possiblerequired unless allowed by the director of public works . (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. (c) Height. (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (d) Lot coverage. (1) Lot coverage for each individual lot zoned AG-1, R-1, R-2 and CUP shall not exceed: a. 25 percent for lots that front on private streets; and b. 20 percent for lots that front on public streets. (2) Lots that are both (a) located within the Birmingham Crossroads Overlay District and (b) not zoned AG-1 are exempt from the lot coverage requirements of subsection (d)(1) above. (e) Prohibited building components. Delete Rural Viewshed from Rural Milton Overlay District 6/2/2016 RZ15-24 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 2 (1) The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (f) Fencing and heightRetaining walls. (1) In yards adjacent to an exterior street an equestrian fence is required. (2) Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. (31) Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360-degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. (4) Opaque fences are prohibited in yards adjacent to an exterior street. (Ord. No. 14-06-207, § 1, 6-16-2014; Ord. No. 15-05-247, § 1, 5-18-2015) STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ15-24 AN ORDINANCE TO AMEND THE RURAL VIEWSHED WITHIN THE RURAL MILTON OVERLAY FOR SINGLE FAMILY TYPE USES (SECTION 64-1141 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 July 11, 2016 6:00 p.m. as follows: SECTION 1. That the amendment of Section 64-1141 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk a HOME OF'THE BEST QUALITY OF LIFE IN GEORGIA' MI LTON*- TABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 21 6 FROM: Steven Krokoff, Interim City Manager 4�0 AGENDA ITEM: Consideration to Amend Chapter 50, Subdivisions, and Create Section 50-162, Rural Design MEETING DATE: Monday, June 6, 2016 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: (-j"YES () NO CITY ATTORNEY REVIEW REQUIRED: (.),4ES () NO APPROVAL BY CITY ATTORNEY: (.�IA PPROVED () NOT APPROVED PLACED ON AGENDA FOR: OGI60I1e1& REMARKS: PHONE: 678.242.25001 FAX: 678.242.2499 In1o@cRyoimiBonga.us I w x1tyotmiRonga.uswitoun Community �,a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 &W - ` - aF Page 1 of 7 To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: June 1, 2016 Re: Consideration of Rural Viewshed Text Amendments (RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24), and Other Related Changes (Subdivision Ordinance, Chapter 50-162), prepared for the July 11, 2016 Mayor and City Council Meeting (First Presentation on June 6, 2016) Department Recommendation: The Community Development Department recommends approval of the proposed text amendments discussed below and withdrawal of Chapter 50-162 “Rural Design”. Staff notes that at the Planning Commission’s meeting on May 25, 2016, they recommended approval of RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15-23, and RZ15-24 as submitted in this packet. In addition, they recommended withdrawal of Chapter 50-162 “Rural Design” Executive Summary: Background The rural viewshed required for single family residential uses currently resides in the Milton Rural Overlay District that covers the City with exception of parcels within the Deerfield and Crabapple Form Based Codes and the Birmingham Crossroads Overlay District and the Hwy 9 Overlay District. The Mayor and City Council directed Staff to propose changes to the rural viewshed to assist in further preserving the viewsheds in the City. Initially, Staff had proposed to move the requirements of the rural viewshed into the Subdivision Ordinance (Chapter 50-162 “Rural Design” of the City Code) or the Milton Rural Overlay District (RZ15-24). After further research and discussion with the City Attorney, Staff determined that it would be the most beneficial to the Page 2 of 7 public and developers if it is incorporated into each zoning district that includes AG-1 (RZ15-18), R-1 (RZ15-19), R-2 (RZ15-20), R-2A (RZ15-21), and CUP (RZ15-23). Finally, it should be noted that i t is Staff’s recommendation that all parcels will be required to be in conformance with the proposed rural viewshed standards except parcels that are being developed with commercial and non-residential uses such as a landscape business, kennel, or veterinary hospital, as they are required to be developed a maximum of 30 feet from the road. This requirement is already within the Rural Milton Overlay. SPECIFIC ISSUES ADDRESSED - WITH ACCOMPANYING ACTION ITEMS 1. Street Design – See edits to Chapter 48, Streets, Sidewalks and Other Public Places Issues regarding curb and gutter, deceleration and acceleration lanes, sidewalks, and trails have been addressed. 2. Entrances– See Sec. 64-416 (i) Staff has proposed that all entrances either to subdivisions or single family residences be rural, simple and rustic in design. In situations where there is signage, it shall be shingle style, mounted in or on a pillar and not to exceed 8 feet in eight. In regards to walls, knee walls may be used where required by topography and constructed of natural materials or that give the appearance of natural materials. Gate or guard structures shall be setback a minimum of 60 feet from the right of way and lastly no water features are permitted at the entrance. 3. Rural Viewshed – See Sec. 64-416 (j) The proposed rural viewshed is comprised of a 40-foot primary setback from exterior streets and a 20-foot secondary setback from the primary setback. Both setbacks are not permitted to have structures within the setbacks and only septic systems can be allowed in the secondary setback if a primary variance is approved. In addition, a primary variance may be requested in the primary setback only if the primary and backup septic fields have failed and the Fulton County Health Department will condemn the property. Furthermore, the applicant will have to show proof to the Community Development Department of the pending condemnation. No disturbance within these two types of setbacks is permitted until a design review process is completed and the design of the rural viewshed is approved by the City Arborist. Restrictions on landscaping and/or disturbances within the viewshed have been Page 3 of 7 addressed in the proposed text amendment. The City Arborist has created a recommended landscape plan for viewsheds that would require additional plantings to provide screening when necessary. It is composed of a majority of native plantings and if grass is used it is to be Fescue grass with a natural look and not “formal” in appearance An example of a landscape plan is attached at the end of this memo. 4. Protection and Enforcement of Rural Viewsheds a. See Sec. 64-416(k) Staff has proposed that the viewshed be reviewed by the City Arborist via the Conceptual Plan and recommendations made to preserve or enhance it on a case-by-case basis. Once the Conceptual Plan and subsequently the LDP has been approved, a four foot tree save fence with signs indicating “rural viewshed” on the fence will be required to be installed prior to any disturbance or construction. b. Creation of “Chain of Title Affidavit” – See Sec. 64-416 (k) (7) Prior to the transfer of any legal interest in an AG-1 zoned parcel that is subject to a rural viewshed, every legal or beneficial owner of such a parcel shall cause to be recorded in the chain of title for the parcel an Affidavit. In addition, a copy of the Affidavit must be provided to any transferee of a legal interest in the parcel no later than the final closing of the transfer. In addition, Staff will include the information regarding the Chain of Title Affidavit to be included in a subdivision’s home owners association’s documents. This requirement will be added to the Final Plat subdivision checklist. Lastly, the requirement will be outlined in the Building Permit Checklist and Application as well as the Certificate of Occupancy Application. c. Changes to Other Documents Changes are proposed to the “Land Disturbance Permit”, “Building Site Plan”, and “Final Plat” so as to indicate the location of the rural viewshed on each of these documents. In addition, the location of any disturbances, additional plantings, etc. will be reflected on the LDP and individual site plan. Page 4 of 7 Additional language will be included on the “Building Permit” issued by the City, and signed by the applicant, acknowledging the rural viewshed on the site and the requirements for preserving it. d. Changes to Pre-Construction Meeting and Check-List All new developments currently require a pre-construction meeting prior to the construction of any development. At this meeting, Staff will also review all of the requirements for preserving the rural viewshed and how to handle development on the property to ensure that the plans are adhered to for the site. This meeting is already mandated within the development code. A revised checklist has been created for the development and preservation of the rural viewshed to be reviewed and signed by the applicant at this meeting. e. Changes to City’s “Welcome Packet” Discussions have been initiated with the Communications Department to include in the Welcome Packet sent to new property owners, information about individual septic systems, stream buffers, the rural viewshed and the City’s tree removal regulations. f. Education of existing property owners of rural viewsheds Staff, with the assistance of the GIS department, will mail information to existing property owners who own parcels that fall within the rural viewshed. This initiative will help educate and encourage property owners to preserve their existing rural viewshed. g. Change to Variance Requirements A recommendation was made to not allow applicants to request a primary variance for the purpose of reducing or eliminating the primary setback (40 foot) except when the primary and replacement septic fields fail within the rural viewshed. It was also recommended that if a septic system is required in the secondary setback, a primary variance would be required. Staff has consulted with the City Attorney and the advice given is if this policy is pursued, it should be reflected in “Appeals”, Article X of the Zoning Ordinance and not in the individual zoning districts. Staff is drafting language to reflect this proposed amendment and is prepared to take this change through the normal review process, should Staff be given affirmative direction on this issue. Page 5 of 7 5. Pre-Development Notification and Public Informational Meeting – See Sec. 64-418 Staff proposes that projects that require a LDP be required to hold one public informational meeting. These informational meetings would typically include only subdivisions and not minor subdivisions (three lots or less) or single parcels. Within 30 days of an applicant submitting a conceptual plan, an informational meeting will be required to occur and will be held at City Hall. Notification of the meeting will be made via mail and a sign on the subject site. In addition members of the City Council and Planning Commission shall be notified of the meeting. 6. Definitions – See Sec. 64-419 Within the proposed text amendment of the individual zoning districts, Staff has proposed several new definitions as recommended by the Planning Commission. One of the most important definitions is for “rural viewshed” which should provide clarification in understanding what a rural viewshed is. 7. Violations and Penalties – See Sec. 64-420 In regard to violations and penalties for rural viewsheds, if disturbed, Staff proposes the following: “For any disturbance of the rural viewshed before the appropriate approvals are issued, the property shall be barred from being developed for three years and shall restore the land to its original landscape or if applicable with appropriate tree recompense as determined by the City Arborist.” 8. Proposed Changes to the Tree Preservation Ordinance – Chapter 60 of the City Code Staff suggests that to further improve Milton’s Rural viewshed, it is important to look at the overall preservation of trees within the City. Therefore, Staff recommends to replace the existing Tree Preservation Ordinance with a new one to be adopted to strengthen this ordinance to accomplish this goal as well as provide a more user friendly ordinance for developers and property owners to follow. Staff is anticipates this task will be underway in the next 30 days. Page 6 of 7 Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve or deny the amendments as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (April and May 2016) Concurrent Review: Community Development and Public Works Staff Attachment(s): Text Amendments and Ordinances for RZ15-18, RZ15-19, RZ15-20, RZ15-21, RZ15- 23, RZ15-24, Chapter 50-162, and Proposed Typical Landscape Plan for Rural Viewshed Page 7 of 7 Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 6/2/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 1 of 4 Section 50-162 Rural Design Upon the election of the developer in accordance with section 64-416, the requirements of this section shall be an available option for subdivision development where a minor plat as defined in Section 50-1 is not an available option. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be as follows: (1) Adjacent to an internal subdivision street where it also abuts an exterior street – 20 feet adjacent to interior street. (2) Adjacent to an exterior street – 100 feet. (3) Adjacent to an internal subdivision street – 60 feet.(Except for Sec. 50-162(b)(1) above) (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (3) Adjacent to an exterior street: 100 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. (f) Minimum lot width shall be 100 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. (j) Subdivision entrances shall be rural, simple and rustic in design. (1) Subdivision entrance signage shall be one of the following designs: Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 6/2/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 2 of 4 a. Shingle style b. Sign mounted in or on pillar, which pillar shall not exceed eight (8) feet in height. (2) Subdivision entrance walls: a. Knee walls may be utilized where required by existing topography and shall not exceed 20 linear feet on either side of the subdivision’s road entrance. b. Natural materials are preferred such as boulders, stacked stone, or wood formed brick. Stucco is prohibited. (3) Gate or guard structures shall be setback a minimum of 100 feet from the exterior street’s r ight of way. (4) No water features are permitted at the entrance of a subdivision. (k) Rural viewshed. (1) All properties within the development shall maintain a 75-foot setback complying with the following: a. No buildings, accessory structures, or swimming pools shall be located within the 75-foot setback: b. No disturbance shall be allowed within the 75 foot setback except for creation of pasture land as listed below in subsection (3). c. Driveways shall be prohibited within the 75-foot setback, except where they cross in a perpendicular manner. (2) In addition to the 75-foot setback described in subsection (1), all single-family lots adjacent to exterior streets shall maintain an additional 25-foot setback in which no improvement other than permitted septic systems shall be allowed. (3) If a property is used for a bona fide agricultural use and tree removal within the rural viewshed is required for pastureland, tree removal plans shall be approved by the City Arborist; and (4) Structures located on lots requiring a rural viewshed, shall be designed with 360-degree architecture and shall meet the intent of section 64-1151. Architectural elevations for the structures shall be reviewed and must be approved by the city architect prior to the issuance of a building permit. (l) Conservation area. (1) Subdivisions developed pursuant to this Rural Design Ordinance shall preserve a minimum of ten (10) percent of the development’s gross acreage as a conservation area. a. Conservation areas may include the following: Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 6/2/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 3 of 4 i. The 100-year floodplain; ii. Riparian buffer zones of at least 75 foot width on either side along all perennial streams, intermittent streams and rivers and bodies of water; iii. Slopes above 25% of at least 5,000 square feet of contiguous area; iv. Wetlands; v. Populations of endangered or threatened species, or habitat for such species; vi. Important historic sites; vii. Existing healthy, native forests of at least one acre of contiguous area; viii. Heritage trees as approved by the City Arborist; ix. Significant natural features and scenic viewsheds such as ridge lin es, peaks, and rock outcroppings, and rural viewsheds adjacent to exterior streets; x. Existing trails that connect the tract to neighboring areas; xi. Archaeological sites, cemeteries, and burial grounds subject to the requirements of Article XVII Division 4 of the City of Milton Zoning Ordinance. xii. Walking or bicycle trails, provided they are constructed of permeable materials; xiii. Passive recreation areas, such as open fields; xiv. Community gardens; xv. Agriculture, horticulture, silviculture or pasture uses; xvi. Equestrian paddocks, corrals, horse stables and barns, practice show rings, outdoor riding arenas, courses for show jumping, for dressage, or for cross-country riding, and their customary accessory uses; xvii. Landscaped stormwater management facilities, nonstructural stormwater management practices and structural stormwater management practices that allow for infiltration, such as bio-retention areas; (2) Conservation areas shall be protected in perpetuity by a binding legal instrument that is recorded with the deed and which shall be a permanent conservation easement conforming to a form provided by the City, in favor of either: a. A land trust or similar conservation-oriented non-profit organization with legal authority to accept such easements. The organization shall be bona fide and in perpetual existence and the conveyance instruments shall contain an appropriate provision for re -transfer in the event the organization becomes unable to carry out its functions; or b. A governmental entity with an interest in pursuing goals compatible with the purposes of this ordinance. If the entity accepting the easement is not the City of Milton, then a third right of enforcement favoring the city of Milton shall be included in the easement; Rural Viewshed will not be inserted into the Subdivision Ordinance – This amendment will be withdrawn. 6/2/2016 Text Amendment Prepared for the City of Milton Mayor and City Council Meeting on July 11, 2016 (First Presentation on June 6, 2016) Page 4 of 4 c. An equivalent legal tool that provides perm anent protection if approved by the City Attorney. (3) Notwithstanding the uses permitted in subsection (1) above, the following uses of conservation areas are expressly prohibited: a. Golf Courses; b. Active recreation including but not limited to swimming pools, hot tubs, tennis courts, sport courts, and play structures; c. Roads, parking lots, and impervious surfaces, except as specifically authorized in this article; d. Activities prohibited pursuant to a recorded legal instrument providing for permanent protection of the conservation area; and e. Impoundments of water with a surface area in excess of ten (10) percent of the conservation area. STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON AN ORDINANCE TO CREATE SECTION 50-162 – RURAL DESIGN BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on July 11, 2016 6:00 p.m. as follows: SECTION 1. That the creation of Section 50-162 – Rural Design 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 11st day of July, 2016. ____________________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk a HOME OF'THE BEST QOALfTY OF LIFIN GEORGIA' MILTOE 4ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager 0 AGENDA ITEM: Consideration of V16 -003 -The Reserve at Providence, Providence Road, the Providence Group of Georgia Custom Homes, LLC to Reduce the Front Setback from 60 feet to 50 feet, Lot 21; 60 Feet to 45 Feet, Lot 3; 60 Feet to 40 Feet, Lots 4, 22, 23, 30; 60 Feet to 20 Feet, Lots 5, 6, 7, 8, 9, 19, 20 (Section 64-416.b) and to Allow A Height Increase from: 28 Feet to 33 Feet, Lots 5, 6, 7, 8, 9, 19 and 20. (Section 64.114.c.1). MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (iiI,4PPROVED NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES I+/ NO CITY ATTORNEY REVIEW REQUIRED: () YES (� INO APPROVAL BY CITY ATTORNEY. () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: cqw lab ©y Yaulm PHONE: 678.242.25001 FAX: 678.242.2499 '�Greeln ;• InfofcilyolmiHonga.us I w .agyolmillga.us m Community lia�j 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 PETITION NUMBER: V16-003 PROPERTY INFORMATION Providence Road DISTRICT, LAND LOT 2/2,842,843,886,887,888&914 OVERLAY DISTRICT RURAL MILTON EXISTING ZONING AG-1 ACRES 52.748 EXISTING USE SINGLE FAMILY RESIDENTIAL SUBDIVISION FUTURE LAND USE AGRICULTURAL, ESTATE RESIDENTAL, EQUESTRIAN, (AEE) DESIGNATION REQUESTED VARIANCES: (Section 4-416,b and Section 64.1141.c.1)  The reduction of the front setback from : 60 feet to 50 feet, lot 21 60 feet to 45 feet, lot 3 60 feet to 40 feet, lots 4,22,23,30 60 feet to 20 feet, lots 5,6,7,8,9,19,20  The increase in the allowed height from : 28 feet to 33 feet, lots 5,6,7,8,9,19,20 PETITIONER(S) Chris Willis Reserve at Providence, LLC/The Providence Group of Georgia Custom Homes, LLC ADDRESS 11340 Lakefield Drive, Suite 250 Johns Creek, GA 30097 Page 2 of 10 Page 3 of 10 COMMUNITY DEVELOPMENT STAFF ANALYSIS STAFF CONTACT: ANGELA RAMBEAU 678.242.2539 Background: The site, the Reserve at Providence subdivision, is located at the southwest intersection of Bethany Road and Providence Road. This 36 lot subdivision consists of 53 acres, and is zoned AG-1. It is located in the Rural Milton Overlay. This variance is before Mayor and Council because of Section 64-1888, b. It states that variances that involve more than five lots or ten percent of the lots in a subdivision (whichever is greater) shall be heard by the Mayor and City Council. Chris Willis, representing The Providence Group of Georgia and the Reserve at Providence, is requesting a variance to several lots in the subdivision. He states that the severe topography is creating the need to push the houses further to the front on lots 5-9, 19 and 20. He would like to move the front setback from 60 feet to 20 feet, allowing a useable rear yard. Additionally, he is requesting a front setback reduction to 40 feet on lots 4 , 22, 23 and 30, along with a front setback reduction to 45 feet on lot 3. On lot 21, Mr. Willis is requesting a reduction in the front setback to 50 feet. Finally, on lots 5-9, 19, and 20, the applicant proposes a 5 foot height variance. This will allow him to increase the maximum height of the house from 28 feet to 33 feet. Height is measured from average finished grade to the lowest part of the eave. Section 64-416,b states that the front setback for AG-1 lots is 60 feet. Section 64, 1141,c,1 states that there shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. Since the applicant proposes to set 13 houses less than 60 feet from the right of way, and to increase the height of seven houses to 33 feet, a two part variance is required. Page 4 of 10 DESIGN REVIEW BOARD (DRB) COURTESY REVIEW: On June 7, 2016, the DRB offered the following comments: ADDITIONAL DEPARTMENT COMMENTS The staff held a Focus Meeting on March 2, 2016, at which the following comments were provided: SITE PLAN REVIEW STAFF CONTACT JIMMY SANDERS 678.242.2543 No comments. ARCHITECT STAFF CONTACT ROBERT BUSCEMI 678.242.2607 Staff has met with the applicant several times. He has agreed to maintain the rural viewshed on the affected lots, as well as Architectural design review of the houses. ARBORIST STAFF CONTACT MARK LAW 678.242.2552 No comments. DOT/STORMWATER STAFF CONTACT SARAH LEADERS 678.242.2559 No comments. Page 5 of 10 Standards for Consideration: The approval of a variance is based on the following consideration(s):  Relief, if granted would not offend the spirit or intent of the Ordinance.  There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of the Ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant.  Relief, if granted would not cause a substantial detriment to the public good and surrounding properties.  That the public safety, health and welfare are secured, and that substantial justice is done. The applicant response: The applicant states that the severe topography creates a hardship condition on the lots submitted for this variance. The topography drops from the front curb to the rear of the lot in excess of 60’ to 80’ on many of the lots, and specifically 40’ or so across the buildable pad for the homes on Providence Road. The topography results in a situation with no usable rear yard area and a fully exposed basement on a massive sub wall. The topography creates an exceptional condition that makes the front setback a hardship that was not caused by the applicant. A reduction in the front setback will allow the home to move forward on the lot and would help create less rear exposure of the façades of the homes along Providence Road. The extreme topography on lots 5-9, 19, 20 also necessitates five feet of relief in the height requirement due to the downward sloping grade. Approval of the variances will benefit the subdivision’s appearance and function without negative impact on the intent of the zoning standard. There will be no negative effect to the citizens of Milton, or surrounding property owners since the setback relief will help bring an improved streetscape to the community. Finally, public safety, health and welfare has in no way been compromised with this variance. Page 6 of 10 The staff response:  The purpose and intent of the Ordinance is to promote uniformity among lots in AG-1 areas and to protect adjoining properties from unexpected development patterns. The lots subject to the variances will be different from the existing homes, however, the approved variance will allow the balance of the lots to be similarly situated on the lots. This will enhance the continuity of the subdivision.  The existing, extreme topography of this property creates an extraordinary and exceptional situation. As development proceeded, the applicant, realized that his current product would require massive sub walls and/or extensive decks, especially along Providence Road. These elements would not support the goals of the rural viewshed.  Relief if granted, would not cause a substantial detriment to the public good and surrounding properties. The approval of these two variances will allow the builder to build homes specifically suited to their lots. The applicant has worked with the existing residents to minimize the lots that required variances. Also, he has taken staffs’ suggestions and revised his stock product to create something uniquely suited to these lots. He has shown that he is willing to work with Staff to build homes that not only respect Milton’s rural viewshed, but will also be as high quality as the current homes in the subdivision, thus protecting the property values and quality of life of the existing homeowners.  Approval of these variance requests will not impede public safety, health and welfare. Pushing the houses forward, away from Providence Road will actually create quieter, safer, more useable rear lots. By working with staff, the applicant will ensure a pleasant streetscape which will enhance the subdivision. Recommended conditions: Should the Board choose to approve the application, Staff recommends the following conditions(s):  The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements.  On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building.  The houses subject to the reduced front setback shall include 8 foot deep porches.  The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Page 7 of 10 Staff recommendation:  Staff recommends approval with conditions of this request. Page 8 of 10 Page 9 of 10 REVISED LOT LIST Page 10 of 10 Page 1 of 2 STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON PETITION NO. V16-003 AN ORDINANCE APPROVING A VARIANCE FROM THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA BE IT ORDAINED by the City Council of the City of Milton, Georgia, while in regular session on the 20th day of June, 2016 at 6:00 PM, as follows: WHEREAS, on March 14, 2016, The Providence Group of Georgia Custom Homes, LLC, (“Providence”) submitted an application for a variance from the requirements of the City of Milton Zoning Ordinance for multiple lots in the Reserve at Providence subdivision (the “Subdivision”), which application was assigned Petition Number V16-003 (the “Application”); and WHEREAS, the Application sought to reduce the front setback from 60 feet to 50 feet for lot 21 60 feet to 45 feet for lot 3 60 feet to 40 feet for lots 4,22,23,30 60 feet to 20 feet for lots 5,6,7,8,9,19,20, of the Subdivision; and WHEREAS, the Application sought to increase the allowed height from 28 feet to 33 feet for lots 5,6,7,8, 9, 19, 20 of the Subdivision; and WHEREAS, the City Council conducted a properly noticed public hearing on June 20, 2016, to consider Providence’s Application; and WHEREAS, City of Milton finds that approval of the Application, subject to certain conditions to be in accordance with the City’s Zoning Ordinance and in the best interest of the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS ORDAINED BY THE AUTHORITY OF SAID COUNCIL: The City of Milton does hereby approve the variances, as referenced in the Preamble and as further requested in the Application - subject to the following conditions: 1. The lots along Providence Road shall maintain the 60 foot rural viewshed, including the 40 foot undisturbed buffer. The design of these houses shall meet rural viewshed requirements. Page 2 of 2 2. On the lots subject to height variances, the soffit shall be set at the ceiling of the first floor, causing the second floor massing to be achieved through dormers. The vertical plane should be broken in order to reduce the height impact on the massing of the building. 3. The houses subject to the reduced front setback shall include 8 foot deep porches. 4. The design of all houses subject to variances shall be reviewed and approved by the City Architect prior to the issuance of a building permit. Duly adopted this 20th day of June 2016. MILTON CITY COUNCIL ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, Clerk 0 HOME OF'THEBEST QUALITY OF L'FF ! F'-! �' MI LTO - NIt ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 2 6 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of Changes to the City of Milton Code of Ordinances, Chapter 48 Streets, Sidewalks and Other Public Places. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (41APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (rfES (J NO CITY ATTORNEY REVIEW REQUIRED: tOES (J NO APPROVAL BY CITY ATTORNEY: WIAPPRO VED (J NOT APPROVED PLACED ON AGENDA FOR: Wo6llw'G REMARKS: 0 * Youln PHONE: 678.242.25001 FAX: 678.242.2499 In1oftHydmlRonOa.us I www•cHyoimllfonya.us w Community,"" ` _ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - - a` To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on June 1st, 2016 for the June 6th, 2016 Regular Council Meeting Agenda Item: Consideration of Changes to the City of Milton Code of Ordinances Chapter 48 Streets, Sidewalks and Other Public Places ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The attached Ordinance represents proposed changes to the City of Milton Code of Ordinance Chapter 48 – Streets, Sidewalks and Other Public Places. These revisions were presented to the Planning Commission at their April 27, 2016 meeting. The changes that have been proposed by staff, the Planning Commission or legal are indicated in the attached draft of the ordinance. The changes can be identified as follows: 1. Changes recommended by staff are red and underlined and deletions are struck through in red. 2. Changes recommended by the Planning Commission are highlighted in yellow. 3. Changes recommended by legal are in italics and are blue and underlined and deletions are struck through in blue. Staff is recommending approval of the modifications to the City of Milton Code of Ordinances, Chapter 48 -Streets, Sidewalks and other Public Places as represented on the attached document. Funding and Fiscal Impact: N/A Alternatives: Council may choose to accept, deny or modify the recommended changes. Legal Review: Jarrard & Davis, LLP – Aaron Meyer, 5/25/2016 Concurrent Review: Steve Krokoff – Interim City Manager Attachment(s): Ordinance Revised Chapter 48 Page 1 Chapter 48 - STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES 1 2 ARTICLE I. - IN GENERAL 3 Secs. 48-1—48-18. - Reserved. 4 ARTICLE II. - STREET CONSTRUCTION AND MAINTENANCE 5 Sec. 48-19. - Adoption of state construction standards. 6 The Georgia Department of Transportation Construction Specifications (GDOT) are hereby adopted 7 and approved as if fully set forth herein. The specifications appear at 8 http://tomcat2.dot.state.ga.us/thesource/specs/index.html. 9 Secs. 48-20—48-148. - Reserved. 10 ARTICLE III. - RIGHT-OF-WAY MANAGEMENT 11 DIVISION 1. - GENERALLY 12 Secs. 48-149—48-167. - Reserved. 13 DIVISION 2. - ACCEPTANCE AND ABANDONMENT POLICY 14 Sec. 48-168. - Methods. 15 (a) Roadway abandonment. 16 (1) Legal compliance. 17 a. Municipal streets belong to the general public. Since the control and general supervision of 18 municipal streets is conferred upon the city, the city holds those streets in trust for the 19 convenience and use of the public at large. It correspondingly becomes the city's duty to 20 keep them in a safe and suitable condition for the passage of persons and transportation of 21 commodities. The basic principles of law regarding streets are pronounced in at least two 22 cases, Jones, et al. v. City of Moultrie, et al., 196 Ga. 526 (1943); Accord: Soles v. City of 23 Vidalia, 92 Ga. App. 839 (1955): 24 A highway is a public way open and free to anyone who has occasion to pass along it on 25 foot or with any kind of vehicle. The streets of a city belong to the public, and are primarily 26 for the use of the public in the ordinary way. The primary object of streets is for public 27 passage. They should be kept open and unobstructed for that purpose. The streets of the 28 Page 2 city are peculiarly within the police control for the purpose of preserving and protecting their 1 use by the public as thoroughfares. 2 b. Roadway abandonment is governed by O.C.G.A. § 32-7-2(c): 3 When it is determined that a section of the municipal street system has for any reason 4 ceased to be used by the public to the extent that no substantial public purpose is served by 5 it or that its removal from the municipal street system is otherwise in the best public interest, 6 the municipality, by certification recorded in its minutes, accompanied by a plat or sketch, 7 and after notice to property owners located thereon, may declare that section of street shall 8 no longer be a part of the municipal street system and the rights of the public in and to that 9 section of street as a public street shall cease. The property may be disposed of by the 10 municipality as provided in Code Section 32-7-4. 11 (2) Procedure. 12 a. Abandonment is defined as the intentional and permanent relinquishment of claim and title 13 to real property that forms a segment of the City of Milton's roadway network or was acquired 14 or held for future use as a portion of the roadway network. 15 b. Abandonment of a road or right-of-way requires that the city council make a finding of one 16 of the following with respect to the roadway in question: 17 1. That no substantial public purpose is served by it; or 18 2. That its removal from the municipal street system is in the best public interest. 19 c. Requests for abandonment of roads within the City of Milton roadway network shall be made 20 to the department of public works by a homeowner association (HOA) or, if no HOA exist s, 21 an individual or group of individuals whose property adjoins or is accessed by the public 22 right-of-way being considered for abandonment (referred to herein as "applicant"). The 23 department of public works or the city council may initiate abandonment requ ests. In the 24 event the department of public works or the city council initiate an abandonment request, 25 only those procedural requirements set forth in pertinent state law shall be observed. 26 d. The applicant shall be required to submit documentation establishing the factual basis upon 27 which the request for abandonment is made. The applicant shall be required to provide all 28 necessary information demonstrating compliance with the requirements of this section and 29 all applicable state laws prior to the initial public hearing. 30 e. The department of public works will not support the abandonment of any road that connects 31 two or more collector roads without sufficient supporting documentation to demonstrate that 32 the abandonment will not negatively affect surrounding roadways. For the purposes of this 33 Page 3 policy, a collector road is defined as any road that the department of public works has given 1 a functional classification of collector or higher. 2 f. The abandonment of any street within the City of Milton roadway network should not be 3 inconsistent with any programmed capital projects and should otherwise conform to any 4 approved local, regional or state transportation plans and the City of Milton Comprehensive 5 Plan. Approval by the director of public works and the director of community development is 6 required to indicate conformity. 7 g. Prior to the initial public hearing on abandonment, the applicant shall provide documentation 8 demonstrating contact and coordination with pertinent emergency service providers, utility 9 providers, Fulton County Schools, and the postmaster to ensure that said services can be 10 accommodated and that such vital public services will not be significantly impaired. 11 h. For applicant initiated abandonments, the City of Milton will accept input from th e community 12 related to their support or opposition to an abandonment. For the purposes of this section, 13 the "community" shall be defined as all of those owners whose property adjoins or whose 14 property is accessed by the right-of-way to be abandoned. Prior to the final public hearing 15 before the mayor and city council to consider an application for abandonment a completed 16 formal petition and all supporting forms and documentation shall be submitted to the 17 department of public works. The formal petition submitted on behalf of the community shall 18 comply with the minimum numerical standards set forth [in] Table 1. 19 Table 1. Required Percent Approval to Process Abandonment Petition 20 Number of Lots Required % Approval ** 20 or less 100% 21-90 75% 91 or more 67% 21 **Note: Compliance with the required approval percentage rates is in no way determinative of the city's 22 intent to abandon any right-of-way. The required approval percentage is merely one component of the 23 process, state law considerations shall prevail. 24 Page 4 i. All property owners in the community shall be contacted by the applicant via certified mail 1 prior to the initial public hearing. Notice must be mailed by the applicant to the community 2 members no less than 30 days prior to the initial public hearing da te. In the case where a 3 community association has initiated the petition process no notification will be required for 4 any person who has previously signed the petition in favor of abandonment. 5 j. Each lot within the community shall be given an opportunity to sign a petition, expressing 6 their opinion in favor of or in opposition to the abandonment. Any abstention, nonresponse 7 or indication other than a "yes" by community members will be considered a "no." Signatures 8 on the petition shall not be considered valid after a period of one year from the date of 9 signing. 10 k. Percentages will be calculated based on the number of lots expressing an affirmative or 11 "yes" vote in favor of the abandonment, divided by the total number of lots in the community. 12 Each lot counts as a single unit regardless of the number of owners signing. Where a 13 community has a homeowner association or other legal entity that is authorized to act on 14 behalf of its members and that may utilize percentages different than those in Table 1, such 15 a mechanism shall not replace the petition process. 16 l. Compliance with the application procedures is in no way determinative with respect to the 17 city's authority or decision to abandon a roadway. The city council shall retain full legislative 18 discretion to authorize or deny abandonment based upon controlling legal standards and 19 state law. 20 m. After the final public hearing and an affirmative action by the mayor and city council to 21 abandon any right-of-way, the right-of-way shall be disposed of in accordance with O.C.G.A. 22 §§ 32-7-3, 32-7-4, and 36-37-6. The applicant will file a revised plat, legal description(s) 23 indicating the new dispensation of the property or any other required documentation. Any 24 expenses or fees incurred in the filing will be the sole responsibility of the applicant. 25 n. The applicant will grant the city, county or other utility permanent easements as may be 26 required for the entirety of the existing right-of-way, or as may be needed, at no cost as a 27 condition of abandonment prior to final dispensation of the property. 28 o. Any abandonment request that is denied by the mayor and city council may not be 29 resubmitted for a period of one year following the date of denial. 30 p. After abandonment, the right-of-way shall become privately owned and the city shall no 31 longer maintain the roadway or accept any liability for the roadway or a ny area within the 32 private right-of-way. Any maintenance, such as, but not limited to, resurfacing, stormwater 33 management, sinkhole repair, shall be the responsibility of the owner(s). 34 Page 5 q. Any access control, such as a gate, that the property owner(s) wish to install shall conform 1 in design and construction to all relevant city standards, regulations, and processes, and 2 must meet emergency access requirements. All access controls shall conform to city 3 standards as if it was newly constructed. Recent abandonment will not be accepted as a 4 justification for any exemptions or variances to these standards. 5 (3) Privatization. For the purposes of this section, privatization of a roadway shall mean the 6 abandonment of the right-of-way to a community for the purposes of converting a public road to 7 a private road while continuing to maintain access to the properties within the community. As a 8 condition of approval for the privatization of any right-of-way the community shall continue to 9 provide access to all properties previously served by the public road. 10 In addition to the criteria established for the abandonment of any right-of-way, as outlined in 11 subsections (a)(1) and (2), privatization shall meet the following requirements: 12 a. The department of public works will not support a request for privatization of any local road 13 that connects two or more collector roads without sufficient supporting documentation to 14 demonstrate that the abandonment will not negatively affect surrounding roadways. For the 15 purposes of this section, a local road is defined as those roads built as part of a platted 16 residential development. 17 b. The applicant for any privatization request shall be a homeowner association or other legal 18 entity established with the authority to act on behalf of all of the members of the defined 19 community. The applicant is required to meet all of the application requirements provided by 20 the city including the minimum percentage approval rates established for the formal petition 21 for abandonment prior to the final public hearing. 22 c. In the case of a road privatization the "community" shall be defined as all of those owners 23 whose property adjoins the right-of-way or whose sole access is provided by the right-of-way 24 to be abandoned or that may incur a financial obligatio n for the maintenance and 25 preservation of the right-of-way should the abandonment resolution be approved. 26 d. The applicant shall file financial statements reflecting assets similar to what is required for a 27 homeowner association to finance a line of credit for capital assets. This information will not 28 be made public to the fullest extent allowed by the Open Records Act and is only to insure 29 solvency and to further demonstrate that the applicant has the financial means to fund those 30 future costs associated with maintaining the asset. 31 e. It is hereby the expressed declaration of the governing authority of the City of Milton that 32 obtaining documented support from the community that an abandonment application is 33 supported by a certain percentage of those affected is a material, though not dispositive, 34 Page 6 component in determining whether an abandonment serves the public interest. At the 1 request of the applicant, an application for abandonment under this section may delay 2 tendering formal petitions until such time as the council has adopted a resolution 3 conditionally approving an abandonment. Any such conditional abandonment shall be for 4 the express purpose of allowing the applicant sufficient time to secure all necessary formal 5 petitions with the knowledge that the council has exercised its discretion and preliminarily 6 sanctioned the abandonment. The resolution of conditional abandonment will expressly 7 provide that upon the applicant tendering a formal petition meeting the percentage 8 requirements in subsection (a)(2), Table 1, the abandonment petition shall be placed upon 9 a future council consent agenda for final ratification of the abandonment. Upon approval of 10 a resolution of conditional abandonment, the applicant will be notified of same and will be 11 advised that submission of a formal petition meeting the percentage requirements in 12 subsection (a)(2), Table 1 will be the final step in the abandonment process prior to 13 placement on the consent agenda. The applicant will further be advised that the formal 14 petition must be tendered to the council within six months of the resolution of conditional 15 abandonment having been approved, and that a failure to tender the petitions within this 16 period shall result in the abandonment request being deemed withdrawn. The director of 17 public works may grant one extension of up to 90 days in his/her reasonable discretion. The 18 above notwithstanding, at any point during the abandonment process up through and 19 including the point when the abandonment becomes subject to ratification on the cons ent 20 agenda, the city council shall be authorized to exercise its discretion and determine that a 21 particular abandonment does not serve the public interest and thereby deny same. 22 f. After the public hearing process and an affirmative action by the mayor an d city council to 23 privatize any right-of-way, the right-of-way must remain private for a minimum of five years 24 before being eligible to submit for public status again. If, after five years, a right -of-way is 25 submitted for public acceptance the road shall be required to meet the construction and 26 testing standards established by the City of Milton. 27 (4) Hearing process. 28 a. Once it has been determined that the initial application is complete and conforms to the 29 requirements of the City of Milton, the application will be placed on the city council agenda 30 for initial consideration. At that time, the council will determine whether to accept the 31 application for further processing or to reject the application outright. Acceptance of the 32 application by the council does not constitute final approval of the application or the 33 abandonment of the public road or right-of-way, or any portion thereof. Upon a determination 34 by the mayor and city council to accept the application for further processing, the applicant 35 shall be duly notified. The applicant shall also be required to pay all required fees and comply 36 Page 7 with the requirements of this article and applicable state law prior to the initial public hearing. 1 Any application that is not accepted for further processing by the council shall not be re-filed 2 for a period of one year from the date that the application was rejected. 3 b. Two public hearings shall be held before the mayor and city council; provided, however, the 4 second public hearing shall not occur on the same day as the first. However, if 100 percent 5 approval is obtained by the community prior to the initial public hearing, the second public 6 hearing will not be required. 7 c. If, after the final public hearing, the mayor and city council finds that no substantial publi c 8 purpose is served by the right-of-way or that the removal of the right-of-way from the 9 municipal street system is otherwise in the best public interest, it may approve a resolution 10 authorizing the abandonment of the public right -of-way. Such approval may be conditioned 11 on the submittal of a signed petition meeting the approval percentages provided in 12 subsection (a)(2), Table 1. If the mayor and city council approve such a resolution then the 13 right-of-way shall be considered surplus property and disposed o f in accordance with 14 O.C.G.A. §§ 32-7-3, 32-7-4, and 36-37-6. 15 16 Sec. 48-169. - Construction. 17 (a) The following regulations shall apply to any construction activity in the right-of-way: 18 (1) This article; 19 (2) The GDOT details and specifications; 20 (3) MUTCD guidelines; and 21 (4) AASHTO guidelines. 22 (b) Construction activity in the right-of-way shall first comply with the following procedures: 23 (1) Permitted drawings must be approved first. 24 (2) A site initiation meeting with city inspectors is required. 25 (3) Obtaining a right-of-way encroachment permit within five days of ROW work is required, including 26 road closure. 27 Sec. 48-170. - Value. 28 It is the city's policy that the rights-of-way owned by the city have value. The flexibility allowed in a 29 developer's design due to demolition and relocation of an existing public road has value to the developer. 30 State law also has references to bidding for property. Thus, staff believes that it has value to the city. 31 Page 8 (1) Example one. An entire residential street is purchased lot-by-lot for a new school. Then the 1 development plan is created that needs the existing right-of-way to be abandoned so that the 2 school can be placed on the property. As a trade, the school development must improve an 3 adjacent intersection, include signalization. 4 (2) Example two. A stub-out street is determined not able to connect with any adjacent properties 5 because all neighbor subdivisions are built out and do not have interparcel connectivity. The 6 subdivision may or may not have a homeowners' association (HOA). The two parcel owners 7 adjacent to the stub out may purchase and split the land area of the stub -out road, at appraised 8 cost, payable to the city. The pavement must be removed prior to this exchange by the purchaser. 9 Another option, when HOA's are in existence in this cas e, is to allow the HOA to be the purchaser 10 for the creation of a neighborhood pocket park at the cost of the HOA. It is possible that the city 11 may determine it is in the city's best interest not to sell the stub-out road for purposes of a public 12 pocket park. 13 (Ord. No. 07-06-32, § 1, 6-7-2007) 14 Sec. 48-171. - Exchanges. 15 (a) Where existing poor alignments are replaced with new, safer roadways, the values shall be set by 16 GDOT appraisal methods. Should the land accepted by the city be of more value than the land the city 17 gives to the developer, a development or impact fee credit will be given to the developer in that dollar 18 amount. 19 (b) Fulton County utilized a standard procedure in road abandonment cases. This method consisted of: 20 (1) Director discussion with applicant. 21 (2) Two public notices in the official county register. 22 (3) Creation of legal property descriptions and exhibits for the affected property (by the applicant). 23 (4) Quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per 24 quitclaim deed. 25 Secs. 48-17248-170—48-190. - Reserved. 26 DIVISION 3. - RESERVED[2] 27 Secs. 48-191—48-212. - Reserved. 28 DIVISION 4. - RESERVED RIGHT-OF-WAY POLICY 29 Page 9 Sec. 48-213. - Reference various city plans for detailed locations. 1 The following city plans shall be consulted for detailed locations of rights -of-way for projects planned 2 or programmed: 3 (1) The comprehensive land use plan; 4 (2) The transportation master plan; 5 (3) The capital improvement plan; and 6 (4) The bike and pedestrian master plan. 7 Sec. 48-214. - Planned or programmed project information to be entered in the city geographic 8 information systems. 9 When these projects are planned or programmed, information shall be entered into the city geographic 10 information systems. This information shall include the widths of the anticipated right-of-way. 11 Reserved 12 Sec. 48-215. - Types of rights-of-way acceptable to the city. 13 As private developers submit plans in these corridors, the city shall require either: 14 (1) A fee simple right-of-way if at rezoning; 15 (2)(1) A reserved right-of-way on the plans and recorded; or 16 (3)(2) A fee simple free to the city at LDP permitting. 17 Such benefit will result in impact fee credits to the developer from the community development department 18 where those improvements are determined to be system improvements. 19 Secs. 48-216—48-234. - Reserved. 20 ARTICLE IV. - TRAFFIC CALMING[3] 21 DIVISION 1. - GENERALLY 22 Sec. 48-235. - Policy; introduction. 23 (a) In order to enhance the quality of neighborhood life and the safety of the city's residents, the public 24 works department is establishing this traffic calming program. The goals of this program are: 25 (1) Reduction of traffic speed to a safe and appropriate limit. 26 (2) Encourage community participation. 27 Page 10 (3) Encouragement and enhancement of pedestrian, bicycle, and transit systems. 1 (4) Limiting traffic calming to local residential streets. 2 (5) Ensuring emergency vehicle access. 3 (6) Use of effective, efficient, economical, and environmentally sound traffic calming solutions. 4 (7) Multi-discipline input from engineers, planners, police, and fire. 5 (8) Continued monitoring of speeds, traffic volumes, and accidents. 6 (b) The public works department shall review applications submitted by neighborhoods, homeowners' 7 groups or homeowners' associations ("applicants") for traffic calming measures in accordance with 8 this article and the City of Milton Traffic Calming Policy and Procedures Manual as may be periodically 9 amended. 10 (c) It is critical to realize that the approach taken by the traffic calming program is a systematic one. While 11 each situation may be somewhat unique, the same def initions and criteria, as outlined in this article, 12 are applied. Also, the transportation system of the city should be considered as a whole. Solving one 13 local problem should not cause another problem to appear somewhere else. 14 (d) The traffic calming program is to be used only for local residential streets, as defined in section 48 -15 237. 16 (e) Keeping with the general guidelines and recommendations as set forth in the Manual on Uniform 17 Traffic Control Devices and Institute of Transportation Engineers aids in the recognition and 18 understanding of traffic control devices. Standardization of these devices will help ensure that any 19 given traffic calming measures including the use of speed humps will be equally recognizable and 20 require the same action on the part of the motorist regardless of where they are encountered. 21 22 Sec. 48-236. - Traffic calming warrants. 23 (a) For the purposes of the traffic calming program, a traffic calming measure may be warranted on a local 24 residential street if any of the following are found during a traffic study: 25 (1) Fifty percent or more of the total traffic is exceeding the posted speed limit; or 26 (2) Pedestrian safety related problems, to include: 27 a. A single instance or more of a vehicular/pedestrian accident; 28 b. Inadequate road geometry rendering a roadway unsafe for pedestrian travel; 29 c. A higher incidence of pedestrian traffic due to proximity to a school; 30 d. Such other hazards to pedestrian traffic as are identified in a traffic study. 31 Page 11 1 Sec. 48-237. - Local residential street defined. 2 The city shall only support the installation of traffic calming devices on local residential stree ts within 3 the city. A local residential street must meet the following four criteria: 4 (1) Those streets classified by the city as primarily used for direct access to property and connections 5 to higher order systems; 6 (2) Those streets where the adjacent land use is deemed residential in nature; 7 (3) Those streets with posted speed limits of 25 m.p.h. or 30 m.p.h.; and 8 (4) Those streets with an average daily traffic count of 400 to 4,000 vehicles per day (VPD). Volumes 9 above 4,000 VPD would be considered a m ajor road per the MUTCD for traffic control purposes, 10 and volumes below 400 VPD would not typically provide enough benefit to warrant the 11 expenditure of public funds for installation and the increased maintenance costs. 12 13 Secs. 48-238—48-256. - Reserved. 14 DIVISION 2. - PROCESS 15 Sec. 48-257. - Traffic calming process. 16 The city's traffic calming process shall be defined in the City of Milton Traffic Calming Policy and 17 Procedures Manual. 18 19 Sec 48-258. - Petition approval percentage. 20 (a) Prior to the developm ent of conceptual plans at least 67 percent (two-third's majority) of the 21 homeowners in the study area must vote in favor of the installation of traffic calming measures. Where 22 a neighborhood or other defined study area has a mandatory homeowners' association or other legal 23 entity which may lawfully represent their position on such matters, this entity may act in lieu of the 24 petition process as approved by the public works director after consultation with the city attorney. 25 (b) The study area shall be as defined in the Traffic Calming Policy and Procedures Manual. 26 27 Sec. 48-259. - Fee. 28 Page 12 Prior to the development of any conceptual plan the applicant shall pay a fee to the public works 1 department. Said fee shall be in an amount established by the public works department and approved by 2 the mayor and city council. 3 4 Secs. 48-260—48-280. - Reserved. 5 Sec. 48-281. - Neighborhood cost share. 6 (a) Basic installation of the traffic calming devices will be shared by the city (50 percent) and the applicant 7 (50 percent). If the applicant chooses upgrades or enhanced versions of a traffic calming devic e, the 8 applicant will pay the entire cost of design, construction, maintenance and other related charges above 9 those of the basic device, as defined by the traffic calming details provided in the Traffic Calming Policy 10 and Procedures Manual. 11 (b) Any landscaping, including maintenance, will be paid entirely by the applicant. 12 (c) Easement and right-of-way acquisition shall be provided by the applicant. 13 (d) Repair and routine maintenance of all traffic calming devices, excluding landscape maintenance and 14 design enhancements, will be the city's responsibility. 15 16 Sec. 48-282. - Removal of traffic calming devices. 17 (a) If the applicant decides that it no longer wants the previously installed traffic calming devices, the 18 applicant must follow the same procedure to obtain 67 percent or HOA approval as set forth in section 19 48-258 for installation. 20 (b) Active traffic calming devices should remain in place at least 12 months before removal. If devices are 21 removed, the road and right-of-way must also be brought back to city standards. 22 (c) Removal shall be done by a qualified contractor at no cost to the city, where the applicant assumes all 23 related cost in the removal of traffic calming devices. 24 (d) The city reserves the right to remove traffic calming devices for any reason. Upon approval of the city 25 manager, the public works director may order the applicant to remove a traffic calming measure in 26 accordance with subsection (c). 27 28 Sec. 48-283. - Permit required. 29 Page 13 Any work completed by the applicant within the right-of-way shall require a right-of-way encroachment 1 permit as directed by the public works department. 2 Sec. 48-284. - Appeals. 3 Appeals to the city council may be taken by any person aggrieved by any decision of any City of Milton 4 staff member in the administration or interpretation of this article. Appeals of such administrative decisions 5 shall be made in writing to the city clerk within 30 days of the date of the decision, interpretation or action 6 being challenged. Any appeal submitted later than 30 days shall not be considered timely and will not be 7 considered. 8 9 Secs. 48-285—48-360. - Reserved. 10 11 ARTICLE V. - DRIVEWAYS TURN LANES AND ISLANDS 12 DIVISION 1. - GENERALLY 13 Secs. 48-361—48-379. - Reserved 14 DIVISION 2. - DRIVEWAYS 15 Subdivision I. - In General 16 Sec. 48-380. - Purpose. 17 This division is intended to clearly define the process of constructing a legal access point or any other 18 work in the right-of-way of county city roads in unincorporated Fulton County. To accomplish this we are 19 modifying sections three through five of the state department of transportation document Regulations for 20 Driveway and Encroachment Control and adopting this modified version. Any variance to the standards set 21 forth in this manual must be in the form of a written appeal to the director of public works, along with the 22 appropriate studies to support the variance request. 23 24 Sec. 48-381. - Spacing. 25 (a) As drivers approach each intersection along a roadway, they are often presented wi th decisions and 26 may be required to stop or make various maneuvers. When exiting the roadway, it is necessary to 27 decelerate and, in some cases, to change lanes. It may also be necessary to adjust speeds in reaction 28 Page 14 to other vehicles entering into the arterial traffic stream. Driveways should be spaced so that drivers 1 can perceive and react to the conditions at each intersection in succession. Spacing between 2 driveways should be at least equal to the distance traveled at the posted speed limit during the nor mal 3 perception and reaction time plus the distance traveled as the vehicle decelerates to a stop. Each 4 intersection also requires a certain amount of storage space for vehicles waiting to enter. The distance 5 between intersections should be great enough to provide this storage, allowing each intersection to 6 have its functional boundary separated from those of the next intersection. Crash data also indicates 7 that as the number of driveways along a roadway increases so do accident rates. Meeting the spacing 8 criteria is not, in itself, an indication that driveways will be allowed. 9 (b) Guidelines for driveway spacing associated with the construction of new driveways are provided in 10 Table 3-1. Driveways should be separated from any other facility, which accesses a county city 11 roadway, whether it is another driveway or a public/private street. Minimum spacing requirements also 12 apply to driveways on the opposite side of undivided roadways. Requirements for the length of right 13 and left turn lanes, as shown in Table 11 and Table 13, may increase the minimum allowable spacing 14 shown in Table 1. 15 16 17 18 19 Posted Speed (mph) Minimum Driveway Spacing (Minimum Feet) Minimum Driveway Spacing with Right Turn Lane (feet) 25 200125 125 30 250125 219 35 300150 244 Page 15 40 300185 294 45 300230 369 50 300 55 350 Table 1: Driveway Spacing Criteria. 1 (c) Spacing of one-way driveways. 2 (1) Figure 1 shows a typical layout of one-way driveways. The spacing criteria presented in Table 1 3 does not apply to the distance between the two one-way driveways (driveway pair-a driveway 4 pair is defined as a single driveway with a separated one -way in and one-way out drive lane 5 configuration). 6 (2) A driveway pair must be separated from another driveway pair by the distance as shown in Table 7 1. A driveway pair must also be separated from an adjacent two-way driveway in accordance with 8 the spacing criteria in Table 1. 9 10 Figure 1: Spacing Criteria for One-Way Driveways. 11 Sec. 48-382. - Placement. 12 (a) Not only must driveways be spaced from other driveways as provided in section 48 -381, they must 13 also be located a minimum distance from the property line. The radius return must be a minimum of 14 five feet from the property line. This may be waived if a safety concern exists. 15 (b) When driveways are to be jointly used by two or more property owners, the property line separation 16 requirements given in subsection (a) of this section can be waived. However, a joint use agreement 17 signed by the affected property owners must be provided to the access managementTransportation 18 Engineer engineer. Either property owner may apply for the driveway permit. 19 20 Page 16 Sec. 48-383. - Driveway spacing. 1 Driveways should align with other driveways located on the opposite side of the road way. If offset 2 driveways cannot be avoided, the same driveway spacing criteria as given in Table 1 should be provided 3 to provide space for left turns. Figure 2 shows how the spacing is measured for locating offset driveways 4 on undivided roadways. Spacing is from center-to-center. 5 6 Figure 2: Spacing of Offset Driveways. 7 If the county city roadway involved is a divided facility and the driveways do not align with a median 8 crossover, the driveway spacing would only apply to the adjacent driveway located on the same side of the 9 roadway as shown above in Figure 2. 10 Sec. 48-383A Placement of Interior Driveways 11 The placement of the first interior driveway which intersects the driveway from the city road should be as 12 far as possible from the city road for safe and efficient operation. For non-single family, residential detached 13 developments, the distance between the roadway traffic and the first internal movement shall be a minimum 14 of 100 feet. Where the lot depth is not sufficient to meet the minimum requirement the minimum distance 15 shall be equal to the maximum anticipated queing length for the proposed land use. 16 17 Sec. 48-384. - Residential driveways. 18 (a) Driveways serving single-family residential homes or townhouses do not have to adhere to the 19 standards set forth in the previous sections, as they have a less significant impact than a new stree t 20 or commercial driveway. Not more than two private curb cuts may be located on any one street 21 frontage for any one dwelling. When there are two curb cuts on any one street frontage, there shall be 22 a safety zone between the cuts not less than ten feet, as measured along the curbline from the radius 23 Page 17 return. In no case shall the curb curadius returnt be less than five feet from the side property line as 1 measured along the right-of-way line, unless approved by the Public Works Department. The curb 2 cutradius return shall not encroach upon the radius of the curb at a street corner. 3 (b) Not more than one private curb cut may be located on any one street frontage for any one dwelling 4 where the street is classified as a collector or higher order street. If a lot has access to more than one 5 frontage, it may not have any private curb cuts on a street that is classified as a collector or higher 6 order street. If both frontages are classified as collector or higher order streets, then the curb cut may 7 be on the frontage with the lowest classification, or as designated by the public works department. 8 9 Sec. 48-385. - Spacing of median crossovers. 10 (a) When the applicant is requesting a median crossover on a divided roadway, the spacing standards 11 shown in Table 2 apply. 12 13 Condition Crossover Spacing (in feet) Desirable Minimum Rural 2,640 1,320 Urban 1,3202,000 6601,000 Table 2: Spacing of Median Crossovers. 14 (b) Other factors will also be considered, such as distance to other median openings, adjacent land use, 15 expected traffic volumes, and the resulting volume of U-turns that are likely to occur without the median 16 opening. Meeting the spacing criteria is not, in itself, an indication that median openings will be allowed. 17 Sec. 48-386. - Spacing of signalized intersections. 18 Page 18 (a) This section is provided to assist the applicant's engineer in designing sites that may need signalized 1 points of access to the countycity roadway. Table 3 contains guidelines for the spacing that should be 2 provided between signalized intersections. 3 4 Condition Signal Spacing (in feet) Desirable Minimum Rural 2,640 1,320 Urban 1,320 1,000 Table 3: Spacing of Signalized Intersections. 5 (b) The spacing guidelines provided in subsection (a) of this section are indicative of conditions that 6 normally offer better signal progression for arterial traffic flow. It is recognized that under certain 7 conditions, better operation may result from the introduction of signals with less spacing if the 8 alternative forces high volumes of traffic to an adjacent intersection. 9 (c) When the applicant can show, through an alternatives analysis, that better operations can be achieved 10 with less spacing, the department of public works will may consider an exception to the provisions of 11 Table 3. 12 13 Secs. 48-387—48-405. - Reserved. 14 Subdivision II. - Design Criteria 15 Sec. 48-406. - Compliance; purpose. 16 (a) The design of driveways shall comply with the guidelines of AASHTO's A Policy on Geometric Design 17 of Highways and Bridges, current edition. However, this division provides a summary of the minimum 18 design constraints that will be checked during the plan review process. 19 Page 19 (b) The geometric design of an intersection is a collection of various elements such as radius, width, 1 grade, angle of intersection, etc., that, in combination, provide for satisfactory operation of the vehicles 2 that will use the intersection. Since the operating characteristics vary dramatically for different types of 3 vehicles, the designer must first establish the design vehicle on which to base the driveway design. 4 The designer should also check the final design to ensure the design vehicles can operate 5 satisfactorily. 6 7 Sec. 48-407. - Design for trucks. 8 (a) The design criteria given in this article has more stringent requirements for trucks. Even though the 9 general use of such guidance would result in more desirable operations for all vehicles, it is neither 10 practical nor necessary to design all facilities to accommodate trucks. The designer must use judgment 11 in selecting the proper design vehicle. 12 (b) When semitrailer combination trucks are expected to use the intersection on a regular basis and in 13 numbers more than just an occasional vehicle, then the intersection should be designed to 14 accommodate the truck movements. This includes most driveways designed for industrial use and 15 many commercial driveways. 16 (c) For commercial uses such as shopping centers, the preliminary site plan should indicate where heavy 17 duty pavement would be provided to accommodate truck access to loading docks. Any driveway 18 associated with access/egress for the loading docks should use the truck radii. Minor movement 19 driveways, particularly those that allow only right turns will generally only be used by passenger cars. 20 Sec. 48-407A Connections to Rural Sections 21 This section describes the requirements for connecting to city streets that do not have curb and gutter 22 and where curb and gutter is not required for sidewalk or trail installation. 23 (a) When ditches are constructed on the city right of way, the front slope should be no greater than 24 4:1. When the bottom of the ditch is between 5’ and 8’ below the edge of pavement, the front 25 slope can be increased to 3:1. When the ditch is greater than 8’ below the edge of pavement, the 26 front slope can be increased to 2:1. In any case when the front slope is greater than 4:1 guardrail 27 warrants should be applied. 28 29 Detail A. 30 Page 20 1 Detail B. 2 Page 21 1 2 3 Sec. 48-408. - Driveway width. 4 (a) When traffic impact studies are required, the driveway shall be designed to provide the number of 5 lanes recommended in the study. The findings within the study supersede the standards set forth in 6 Table 4. Standard lane widths are 12 feet. 7 (b) When the need for multiple lanes is not established from a traffic impact study, the minimum and 8 maximum driveway widths are as set forth in Table 4. 9 10 Driveway Use Width (in feet) Minimum Maximum Page 22 Current residential GA std.(less than 3 lots) 14 1820 Farming, Agricultural 18 24 Current commercial (one-way) GA std.and residential more than 3 lots 16 20 Current commercial (two-way) GA std. and residential more than 3 lots 24 40 Table 4: Driveway Widths. 1 2 Sec. 48-409. - Corner radii. 3 Corner radii are generally established by the minimum path of the inside wheels of the design vehicle 4 when making a right turn. The minimum corner radii to be used for driveways are given in the following 5 Table 5. 6 Driveway Use Minimum Radius (in feet) Residential (less than 3 lots) 30 15 Commercial and residential more than 3 lots 35 Designed for trucks 75 Table 5: Minimum Corner Radii. 7 Sec. 48-410. - Left turning control radii. 8 The path of the inside wheels during left turns is also important for the design of median openings and 9 intersections with dual left turn lanes. The following Table 6 contains guidelines for minimum left turning 10 radii. 11 Page 23 1 Driveway Use Control Radius (in feet) Residential 40 Commercial 50 Table 6: Left Turning Control Radius. 2 Sec. 48-411. - Median crossover design. 3 (a) GDOT guidelines are to be used. Driveways onto divided county roadways where full access is to be 4 provided shall be designed in accordance with state department of transportation construction details 5 for median crossovers. The detail has two types of designs (see Figure 3) that are applicable in 6 different situations in unincorporated Fulton Countythe city. Type A median crossovers will not be 7 permitted. 8 (b) Type B. Type B median crossovers are required when the projected volume of the left turn movement 9 exceeds 50 vehicles per hour per direction and when the median width is sufficient to offset the left 10 turn lane from the adjacent through lane. This design provides better sight distance for vehicles in the 11 left turn lane. This is important for unsignalized intersections and when unprotected turns are allowed 12 at signalized intersections. 13 (c) Type C. 14 (1) Type C median crossovers are typically used in urban areas where the median width is limited to 15 approximately 24 feet or less. With this type of crossover, it may be necessary to add pavement 16 to the opposite edge in order to accommodate U-turns. 17 (2) Table 7 illustrates the minimum pavement width that is required for vehicles to make U-turns. The 18 required width is given for passenger cars and for WB-50 trucks. However, provisions for U-turns 19 at median openings are normally based on passenger cars. 20 Page 24 1 Figure 3: Median Crossover Design 2 3 Driveway Use Minimum Width (in feet) Passenger car 48 WB: 50 truck 90 Table 7: Minimum Road Width for U-Turns 4 5 Sec. 48-412. - Sight distance. 6 Page 25 (a) Driveways should be located to provide adequate sight distance. The minimum intersection sight 1 distance criteria are provided in Table 8. The line of sight establishes the boundary of a sight triangle, 2 within which there should be no sight obstruction. Any location where the sight line leaves the right-of-3 way, a permanent maintenance easement must be filed, and the area must be graded, landscaped, 4 and kept free of objects such that sight distance is not compromised. The driver's eye should be 5 located four feet off the centerline of the side street in the outbound lane. The object should be located 6 at the center of the closest oncoming travel lane. 7 8 Arterial Speed (mph) Sight Distance (in feet) 2 Lanes 3 and 4 Lanes 5 and 64 Lanes SDL= SDR SDL SDR SDL SDR 30 335 350310 375355 400335 420375 35 390 410365 440415 465390 490440 40 445 470415 500475 530445 560500 45 500 530465 560530 595500 630565 50 555 590 625 660 700 55 610 650 685 730 770 Table 8: Intersection Sight Distance Requirements. 9 10 The sight distance criteria are based on the time required for a vehicle to make a left turn from a stop -11 controlled approach to the county roadway (AASHTO Case B1). The time to execute the maneuver is based 12 Page 26 on recommendations contained in NCHRP Report 383, Intersection Sight Distance. The sight distances, 1 for a two-lane road, are the distances traveled at the arterial speed during 7.5 seconds. The time is 2 increased by 0.5 seconds for each additional lane to be crossed. 3 (b) The sight distances given in Table 8 are for undivided roadways. If the roadway is divided, the effect 4 of the median should be considered in determining the required sight distance. Based on the 5 conditions, it may be feasible for the crossing maneuver to be done in two stages with a stop in the 6 median. However, the intersection should only be treated in this manner if the signing and marking is 7 accordingly provided. Otherwise, the sight distance requirements should be increased to account for 8 the additional width that must be crossed. See AASHTO Green Book, chapter 9, intersections, for 9 adjustments due to grades greater then than three percent and design vehicles other than passenger 10 cars. 11 12 Sec. 48-413. - Horizontal alignment. 13 In general, the horizontal alignment of driveways should be designed using a tangent section from the 14 centerline of the county roadway and extending to the property line. Horizontal curves should be sufficient 15 to provide safe operations at speeds that would normally occur in the areas where they are constructed. 16 17 Sec. 48-414. - Angle of intersection. 18 (a) Intersecting driveways and roads should generally meet at or nearly at right angles. Driveways and 19 roads intersecting at acute angles create sight limitations that should be avoided. 20 (b) In some cases, a more suitable overall design can be achieved by allowing intersecting angles other 21 than 90 degrees. The following Table 9 gives the minimum angle of intersection that will generally be 22 allowed for drivewa ys designed to accommodate two-way traffic flow. 23 24 Driveway Use Minimum Angle of Intersection (A) in Degrees Page 27 Residential 8070 Commercial 85 Designed for trucks 88 Table 9: Minimum Angle of Intersection for Two-Way Driveways. 1 2 Sec. 48-415. - Alignment of approach and departure lanes. 3 Driveways should be designed and constructed so as to align with driveways or streets on the opposite 4 side of the roadway. The alignment of through movements crossing the roadway should be such tha t abrupt 5 shifts in the travel pattern are not required. 6 7 Sec. 48-416. - Auxiliary turn lanes. 8 (a) When any auxiliary turn lane that extends beyond the applicant property frontage, the applicant 9 will be responsible for acquiring the necessary rights-of-way and easements in order to accomplish 10 the necessary frontage improvements. 11 (a)(b) Except where necessary to control traffic, drainage or where necessary for the construction 12 of sidewalk and trails, the use of barrier curbs on external roadways should be avoided for safety, 13 and simplicity. 14 15 Sec. 48-417. - Minimum requirements for deceleration lanes. 16 (a) The provisions of this section shall generally apply to auxiliary lanes installed on the approach to an 17 intersection that provide for deceleration and storage of vehicles waiting to turn right or left. Such lanes 18 are always beneficial and will be required in conjunction with commercial driveway permits when 19 projected traffic volumes exceed minimum levels as provided in the the following sections. 20 (b) Right turn deceleration lanes must be constructed at no cost to the county city if either the average 21 daily traffic (ADT) or right turning volumes (RTV), based on ITE Trip Generation (assuming a 22 reasonable distribution of entry volumes as approved by the City Transportation Engineer) meet or 23 exceed the values shown in Table 10 are met. Passing lane sections fall under the criteria for two or 24 more lanes. 25 Page 28 1 2 Two lanes on main road More than two lanes on main road 35-40 mph > 40 mph 35-40 mph > 40 mph Main Roadway ADT 8,000 4,000 12,000 10,000 Daily Right Turning Volume 150 75 150 75 Peak Hour Right Turning Volume 15 7 15 7 3 Posted Speed ADT < 6,000 >= 6,000 35 mph or less 200 RTV 100 RTV 40 mph-50mph 150 RTV 75 RTV Table 10: Minimum Volumes Requiring Deceleration Lanes. 4 5 (c) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be 6 in the city's best interest to waive the decel lane requirement, the city traffic engineer must document 7 the recommendations. The recommendations shall be approved by the public works director and be 8 attached to the permit. The city traffic engineer may also require the addition of a right turn lane, even 9 when the conditions in Table 10 are not met, if roadway geometry or field conditions indicate t hat the 10 safety of the traveling public would be improved. The recommendation must be documented and 11 approved by the director of public works for inclusion with the permit. 12 (d) The right-of-way for deceleration lanes may must be dedicated in fee simple to the city for the city to 13 maintain or the applicant must sign an agreement with the city to maintain the lane to the city's 14 standards and to hold harmless the city in the event that section of roadway is identified in any liability 15 action. A limited warranty deed is not acceptable when the right-of-way is donated to the city. When 16 Page 29 the construction of a deceleration lane is not required the right of way shall be dedicated to the city in 1 sufficient width to allow for the future construction of the lane when co ndition warrant. 2 (e) The pavement specifications for deceleration lanes must be the Georgia DOT Standard Specifications 3 for Construction of Roads and Bridges, except as approved by the public works director in cases where 4 a lesser design may be acceptable or where a proposed project is expected to tie in. 5 6 7 8 Sec. 48-418. - Deceleration lane design. 9 (a) This section provides the design guidelines that should be used to establish the lengths of turn lanes 10 if they are required. Turn lanes should provide a full-width lane that is long enough to allow for vehicles 11 to decelerate from the operating speed to a full stop in addition to the length of full-width lane that is 12 needed to store vehicles waiting to turn. Table 11 contains guidelines for lengths of tapers and full -13 width turn lanes for deceleration right turn lanes. 14 15 Speed (mph) Full Width Storage (in feet) Taper (in feet) 35 100 50 40 150 50 45 175 100 50 225 100 55 250 100 Table 11: Minimum Deceleration Lane Lengths. 16 (b) When traffic studies are conducted, the length of full-width lane needed for storage should be 17 determined. If the length of full-width storage is greater than the length of full-width storage shown in 18 Table 11, the longer length should be provided. 19 Page 30 (c) At signalized intersections, the amount of storage for both right and left turns can be based on the 1 number of vehicles arriving during 1.5 signal cycles. 2 (d) For unsignalized intersections, a commonly used rule of thumb is that left turn storage should 3 accommodate vehicles arriving during a two-minute period. Minimal storage is required for right turn 4 lanes at unsignalized intersections. 5 6 Sec. 48-419. - Minimum requirements for left turn lanes. 7 (a) Left turn lanes must be constructed at no cost to the cit y if left turning volumes (LTV), based on ITE 8 Trip Generation (assuming a reasonable distribution of entry volumes as approve d by the City 9 Transportation Engineer) meet or exceed the values shown in Table 12. either the ADT or left turning 10 volumes shown in the following Table 12 are met. Passing lane sections fall under the criteria for two 11 or more lanes. 12 Two lanes on main road More than two lanes on main road 35-40 mph > 40 mph 35-40 mph > 40 mph Main Roadway ADT 6,000 4,000 10,000 8,000 Daily Left Turning Volume 300 200 300 200 Peak Hour Left Turning Volume 30 20 30 20 13 Posted Speed ADT < 6,000 >= 6,000 35 mph or less 300 LTV 200 LTV 40 mph-50mph 250 LTV 175 RTV Table 12: Minimum Volumes Requiring Left Turn Lanes. 14 15 Page 31 (b) In the event the city traffic engineer feels that field conditions or other factors indicate that it would be 1 in the best interest of the city to waive the left turn lane requirement, the city traffic engineer must 2 document the recommendations. The recommendations shall be approved by the public works director 3 and be attached to the permit. The city traffic engineer may also require the addition of a left turn lane, 4 even when the conditions in Table 12 are not met, if roadway geometry or field conditions in dicate that 5 the safety of the traveling public would be improved. The recommendation must be documented and 6 approved by the public works director for inclusion with the permit. 7 (c) The right-of-way for left turn lanes must be dedicated in fee simple to the city for the city to maintain. 8 A limited warranty deed is not acceptable when the right-of-way is donated to the city. When the 9 construction of a deceleration lane is not required the right of way shall be dedicated to the city in 10 sufficient width to allow for the future construction of the lane when condition warrant. 11 12 Sec. 48-420. - Left turn lane design. 13 (a) The design of left turn lanes should consider the intended function and the characteristics of the 14 roadway. In many cases, it is necessary to widen the existing roadway to introduce the left turn lane. 15 All vehicles approaching the turn lane are shifted to the right. The left turning traffic is then shifted back 16 into the lane. Through traffic is returned to its original lane beyond the intersection. When the roadway 17 has a median that is at least 20 feet wide, the left turn lane can be developed out of the me dian, 18 avoiding the need for transitions. If a proposed driveway aligns across the main street with another 19 driveway, and the proposed driveway must provide a left turn lane and left turn storage, then adequate 20 storage and tapers must also be provided for the driveway across the main street. 21 (b) The basic design elements of left turn lanes are illustrated in Table 13. This example shows 22 symmetrical widening, which basically requires the through traffic on each side to shift by one half of 23 the lane width. Some circumstances may dictate that all widening be achieved on one side, which 24 requires a full lane shift for through traffic on the side where the additional width is developed. Table 25 13 provides guidelines for selecting the proper length of approach taper. 26 27 Page 32 Posted Speed Limit (mph) Approach Taper (in feet) Bay Taper (in feet) Full Width Storage 6 Foot Shift 12 Foot Shift 35 125 250 50 See Table 14 40 160 320 50 See Table 14 45 270 540 100 See Table 14 50 300 600 100 See Table 14 55 330 660 100 See Table 14 Table 13: Minimum Design Elements of Left Turn Lanes. 1 (c) The example shown in Table 13 has straight-line tapers. These are acceptable but other designs may 2 also be used, including the following: partial tangent tapers, symmetrical reverse curve, and 3 asymmetrical reverse curve. See latest edition of AASHTO green book for details. 4 (d) The required length of full-width storage is based on the peak hour traffic volumes. This should be 5 determined in the traffic study. The amount of storage is dependent on the type of traffic control in 6 effect. For signalized intersections, the storage should be sufficient to accommodate the 95th 7 percentile peak hour queue. At yield-controlled intersections, the storage is based on the number of 8 vehicles as designated in Table 14. 9 10 Speed Limit of Road 35 mph 40 mph 45 mph 55 mph Page 33 Peak Hour Left Turn Volume Equivalent Neighborhood Size (# of lots) Queue Feet Queue Feet Queue Feet Queue Feet 30 to 36 80 to 104 95 95 95 95 37 to 84 to 268 115 115 115 115 85 to 100 to 325 135 135 135 135 101 to 125 to 417 135 135 155 175 126 to 150 to 511 155 155 175 190 151 to 175 to 607 175 175 190 210 176 to 200 to 704 190 190 210 210 Table 14: Left Turn Storage Requirements. 1 Sec. 48-421. - Raised islands. 2 (a) Islands are an important form of intersection channelization that is often needed to prohibit undesirable 3 movements, define the paths of allowed movements, and provide a refuge area for pedestrians. Any 4 location where two outbound lanes are proposed for a driveway at an unsignalized location, the right 5 line must be for right-out only movement, and separated from the other lane by a raised island. 6 (b) Painted lines are an effective means to direct the paths of vehicular m ovement. However, raised 7 islands are more effective during times when visibility is reduced. When islands are to serve as 8 pedestrian refuge areas, they should be constructed as raised islands. All sign posts to be placed 9 within concrete area must have hole through pavement structure. The hole may be either formed, 10 drilled or sawed. 11 (c) Raised islands should be large enough to command attention and accommodate wheelchairs. The 12 smallest raised island should have an area of 50 square feet in urban areas and 7 5 square feet in rural 13 areas. However, 100 square feet is desirable in both cases. (Refer to the revised ADA standards). 14 (d) When multiple crosswalks are required to pass through islands, the required size may exceed the 100 15 square feet mentioned in subsection (c) of this section. The additional area may be required to install 16 wheelchair ramps. As an alternate to ramps, the pede strian travel way can be "slotted" through the 17 island, remaining on the grade of the roadway. 18 Page 34 (e) Figure 4 shows a typical design for a raised corner island at a two -lane driveway. This design uses a 1 radius of 65 feet and provides an island of sufficient size for wheelchair ramps and level landings. 2 (f) Figure 4 also contains a median island along the driveway. This drawing does not imply that median 3 islands or corner islands are required for all driveways. However, large painted islands may not serve 4 the intended channelization purpose and the type island to be used should be based on the actual 5 circumstances of the site. 6 (g) Raised islands should be offset from the edge of the adjacent travel lane on all sides. The amount of 7 offset shall be a minimum of 18 inches as measured from the edge of the travel lane to the face of the 8 curb. When raised islands are adjacent to roadways with posted speed limits of 50 mph or greater, the 9 island shall be offset from the edge of the roadway by a minimum distance of te n feet. 10 Page 35 1 Figure 4: Design of Raised Islands. 2 3 Sec. 48-422. - Right-in, right-out driveways. 4 Raised islands are also typically used to channelize the movements at a driveway where only right 5 turns are allowed. The raised island is an effective means of preventing left turns. All right-in, right-out 6 islands must have a radius that is 70 feet, or a compound curve that approximates 70 feet. Right -in, right-7 Page 36 out driveways are not intended for truck traffic, so the exit and entrance lanes must be 12 feet in wi dth as 1 measured from face of curb to face of curb. The island must be constructed from mountable curb (three 2 inches vertical, 45-degree face, three inches flat) to accommodate emergency vehicles. The edge of the 3 island should be offset 18 24 inches to 24 48 inches from the edge of the travel lane. 4 5 Sec. 48-423. - Pavement design. 6 (a) All construction, within the public right-of-way, of surfaces intended for travel by motorized vehicles 7 shall be paved. The pavement specification of auxiliary lanes on city roadways shall be the Georgia 8 DOT Standard Specifications for Construction of Roads and Bridges, or as designated in city 9 standards, whichever is more restrictive as directed by the city. 10 (b) New developments are required to widen the road along their fr ontage to a uniform lane width of 12 11 feet. If the widened area is two feet or less in width, a concrete sub-base should be provided per the 12 current standards. The developer must then either pave the entire width of the road, or mill to the 13 centerline and pave to match the existing road. All new pavement installations shall be edge milled to 14 create a smooth transition to and from the new surface. Any deviation from this standard requires a 15 waiver from the public works director or his or her designee. 16 17 Sec. 48-424. - Pedestrian considerations. 18 (a) When driveways are constructed in areas where pedestrian activity is not prohibited, the design should 19 adequately provide for pedestrian movement and interaction with vehicular traffic. Pedestrian features 20 that should be considered include sidewalks, crosswalks, traffic control features, and curb ramps are 21 required. The Americans with Disabilities Act Accessibility Guidelines must be utilized where 22 pedestrian traffic is expected. 23 (b) Figure 5 contains typical locations for curb cut ramps. Ramps are required at all pedestrian crosswalks 24 where curb is constructed or replaced. The required crosswalk detail is also shown in Figure 5. See 25 current GDOT Construction Details for the appropriate treatment. 26 Page 37 1 Figure 5: Typical Crosswalk Details. 2 3 Sec. 48-425. - Clear zone requirements. 4 (a) Experience has shown that motorists occasionally run off the roadway and providing a traversable 5 recovery area can lesson serious injury. AASHTO publishes a Roadside Design Guide that should be 6 used as a reference when designing driveways. 7 Page 38 (b) Table 15 provides the clear zone distances as contained in the Roadside Design Guide. Driveways 1 must be designed so that all areas within the roadway right-of-way have clear zones as defined in the 2 following Table 15. 3 4 Table 15: Clear Zone Distances (in feet from edge of traveled way). 5 Note— Clear zones may be limited to 30 feet. 6 Note— Fixed objects should not be present in the vicinity of the toe of these slopes. The width of the 7 recovery zones should consider a number of factors including right-of-way availability, economic factors, 8 safety needs, and accident history. 9 (c) All areas located within the clear zones should remain clear of obstructions such as bridge abutments, 10 poles, trees, etc. If obstructions are unavoidable, the design should include appropriate protection such 11 as break-away design, guardrail installation, safety end treatments on culverts, etc. The Roadway 12 Design Guide includes a table for horizontal curve adjustments, where the clear zone correction factor 13 is applied to the outside of curves only. Curves flatter than a 2,860 -foot radius do not require an 14 adjusted clear zone. 15 16 Sec. 48-426. - Right-of-way requirements. 17 Page 39 (a) In order to construct driveways, it is often necessary to construct improvements to the city roadway. 1 These improvements typically may include the addition of auxiliary lanes along the city roadway such 2 as a deceleration lane or left turn lane. 3 (b) If sufficient right-of-way exists, improvements to the city roadway may be permitted without the 4 requirement of additional rights-of-way. In urban sections, the right-of-way should be no closer than 5 14 feet from the face of curb along state routes and 11 feet from the face of curb along all city roads. 6 In rural sections, the point located one-half way up the back slope should be on or within the right -of-7 way line. Sufficient right-of-way should be donated to the city for the deceleration lane/commercial 8 driveway. Paving specifications to match existing pavement or better should be full-depth to the right-9 of-way line. Depths may be reduced, if field conditions warrant, as approved by the public works 10 director and as recommended by the city traffic engineer. 11 (c) If an additional right-of-way is required in order to construct the required improvements, the applicant 12 must dedicate the right-of-way. The applicant must follow the procedures established in the 13 department of environment and community development. 14 15 Secs. 48-427—48-445. - Reserved. 16 ARTICLE VI. - SIGNS AND MARKINGS 17 DIVISION 1. - GENERALLY 18 Sec. 48-446. - Conformity with Manual on Uniform Traffic Control Devices required. 19 All signing and pavement marking must be designed and installed in conformance with the latest 20 edition of the Manual on Uniform Traffic Control Devices. 21 22 Secs. 48-447—48-465. - Reserved. 23 24 DIVISION 2. - SIGNING 25 Subdivision I. - In General 26 Sec. 48-466. - General provisions. 27 Page 40 (a) All sign posts to be placed within a concrete area must have a six -inch wide diameter space through 1 substructure. 2 (b) The traffic control signs must be installed per the most recent edition of the Manual on Uniform Traffic 3 Control Devices (MUTCD) with relation to the installation height, size, distance from curb, etc. In 4 general, signs should be installed at least seven feet but no more than ten feet from the ground to the 5 bottom of the sign, and at least two feet from the face of curb to the closest edge o f the sign, or as 6 required by the MUTCD. 7 (c) The signs shall comply with installation and material standards established by the Public Works 8 Department. be new die cut anodized aluminum (at least 0.080 inches thick) and installed on a single 9 square post with standard hardware. This post should be installed to break -away standards with a slip 10 base. The back of the installation bolts should be bent to discourage theft. The face of the sign shall 11 be Type III (High-Intensity) sheeting or better. If the road intersects a state route, all warning signs, 12 red series regulatory signs, including "Stop," "Yield," and "Do Not Enter" signs, shall be fabricated from 13 Type VI (Wide Angle Prismatic) reflective sheeting. No two signs shall be mounted on the same post. 14 Should the applicant wish to use decorative poles, a custom sign permit will need to be applied for in 15 the public works department. 16 (d) As part of the land disturbance permit process, the community development department will identify 17 the number and location of signs. The minimum sign installation shall conform to the standards 18 established in subdivisions 2 and 3 of this division. 19 (e) The applicant will be responsible for maintaining the signs from installation to final inspection. The city 20 reserves the right to replace stop or yield signs if they have been down for more that than 12 hours, to 21 replace any regulatory signs if they have been down for more than seven days, and to replace any 22 other signs if they have been down for more than 14 days. This will be done at the cost to the applicant 23 of $250.00 per sign. 24 (f) The sign inspection shall be done by the community development department prior to acceptance of 25 the final plat or as established by the community development department director. The signs should 26 be performance bonded at the same time as the pavement at a cost of $100.00 per sign or as 27 established by the community development department director. If the city needs to replace any signs 28 at the time of the final inspection, the value would be forfeited. 29 30 Secs. 48-467—48-485. - Reserved. 31 32 Subdivision II. - Signs Installed in New Subdivisions 33 Page 41 Sec. 48-486. - Stop signs (R1-1). 1 (a) The stop sign shall be installed on the right side of the approach to which it applies. Stop lines, when 2 used to supplement a stop sign, should be located at the point where the road user should stop. Where 3 there is a marked crosswalk at the intersection, the stop sign should be installed in advance of the 4 crosswalk line nearest to the approaching traffic. 5 (b) Stop signs should be installed in a manner that minimizes the numbers of vehicles having to stop. In 6 most cases, the street carrying the lowest volume of traffic should be stopped. A stop sign should not 7 be installed on the major street unless justified by a traffic engineering study as recommended by the 8 MUTCD. If two streets with relatively equal volumes and characteristics intersect, typically the direction 9 that conflicts the most with established pedestrian crossing activity or school walking routes or the 10 direction that has the longest distance of uninterrupted flow approaching the intersection should be 11 stopped. 12 (c) No all-way stops may be installed in a new subdivision without the permission approval of the public 13 works director and shall be designed in accordance with the MUTCD, latest edition. 14 15 Sec. 48-487. - Yield sign (R1-2). 16 Yield signs shall be installed when there are right turns at an intersection that are channelized apart 17 from the through and left turn movements with a striped or raised island. In addition, yield signs should be 18 installed on each approach of a roundabout. 19 20 Sec. 48-488. - Right lane must turn right sign (R3-7R). 21 Right lane must turn right signs shall be installed 25 feet from the back of the full width storage in the 22 deceleration lane for the development, if applicable. 23 Sec. 48-488. - Reserved. 24 Sec. 48-489. - Speed limit sign (R2-1). 25 Speed limit signs shall indicate a 25 mph speed limit for streets internal to residential subdivisions, 26 unless it is a local collector road for the development, and then it should be no higher than 35 mph. For 27 neighborhood settings, only one speed limit sign shall be installed at each project entrance or at the points 28 of change from one speed limit to another. This sign should be installed no less than 100 feet from the 29 entrance of the subdivision, but no greater than 500 feet from the entrance. 30 Page 42 1 2 Sec. 48-490. - Street name sign (D3-1). 3 (a) Ground-mounted sStreet name signs shall be installed at every intersection and shall conform to 4 Fulton County Ordinance 01-0582 (§ 62 of the Fulton County Code of Law). Instead of ground-5 mounted signs, however, overheadOverhead street name signs shall be installed where a subdivision 6 street intersects at any traffic signal, otherwise ground mounted signs shall be installed. Overhead 7 street name signs shall include the city logo. 8 (b) Street name signs for public roads shall be green and street name signs for private roads shall be 9 blue. The letter height must have at least seven-inch upper-case letters and at least five-inch lower-10 case letters. The letters should be in "Avantage Medium" font or as approved by the departme nt of 11 public works. The street name sign shall be a combination of lower -case letters with initial uppercase 12 letters. If the street has no outlet, a "No Outlet" legend should be put on the end of the street name 13 sign blade closest to the main road. The "No Outlet" legend should have at least three-inch high all-14 capital black letters on a yellow field that is no more than eight inches wide. 15 (c) The street name sign should be constructed on flat blades and not extruded blades. They may be 16 either riveted back-to-back or two-sided at the applicant's preference. The street name sign cannot be 17 posted on the same post as the stop sign. 18 19 Sec. 48-491. - Roundabout sign. 20 Roundabouts must be signed and marked per city standards. This includes yield signs for every 21 approach, as well as an advance roundabout sign as established by the department of public works. The 22 pavement marking shall include yield lines and channelization islands for each approach. 23 24 Sec. 48-492. - Stop ahead sign (W3-1) and yield ahead sign (W3-2). 25 The stop ahead and yield ahead signs shall be installed on an approach to a primary traffic control 26 device that is not visible for at least 250 feet. Please refer to section tables 2C.29 in in compliance with the 27 MUTCD for additional information. 28 Sec. 48-493. - Playground sign (W15-1). 29 Playground signs shall be installed on any vehicular approach to an amenities area. 30 Sec. 48-493. - Reserved. 31 Page 43 Sec. 48-494. - Additional signs. 1 Additional signs may be required as appropriate by the public works department or the field inspector. 2 3 Secs. 48-495—48-513. - Reserved. 4 Subdivision III. - Sign Information and Pavement Markings 5 Sec. 48-514. - Sizes and uses. 6 All signs shall be of the sizes as designated in Table 16. This table also included the appropriate 7 reference sections of the MUTCD which explain the proper use and installation of each of the signs 8 previously designated. 9 10 Sign MUTCD Sections (2003 2009 Ed.) Size Stop (R1-1) 2B.04 to 2B.07 30" × 30" Yield (R1-2) 2B.08 to 2B.10 36" × 36" × 36" Speed limit (R2-1) 2B.13; 2B.18 24" × 30" Right lane must turn right (R3-7R)c 2B.21 30" × 30" Roundabout and simple alignment warning signs Review section 2C2B- 2D 30" × 30" Stop ahead (W3-1a) and yield ahead (W3-2a) 2C.2936 36" × 36" Playground ahead (W15-1) 2C.42 30" × 30" Street name (D3-1) 2D.3843 Varies Table 16: Sign Information and Sizes. 11 Sec. 48-515. - Pavement markings required. 12 Page 44 Pavement markings are required to separate lanes of travel and should be used along all edges of 1 pavement. The following guidelines are provided for designing and installing pavement markings for 2 driveways: 3 (1) All pavement markings installed within the public right-of-way shall be thermoplastic material. 4 (2) Lane lines are generally five inches (white); lane lines are not required where curb and gutter has 5 been provided. 6 (3) Stop lines should be 24 inches (white). 7 (4) Centerlines should be five inches (double yellow). 8 (5) Deceleration and left turn lanes should have turn arrows (Type 2) spaced every 100 feet and 9 "ONLY" legends between every pair of Type 2 arrows . 10 (6) Crosswalks should use the current Georgia DOT standard (see Figure 5). 11 12 Secs. 48-516—48-534. - Reserved. 13 ARTICLE VII. - STATE REGULATIONS 14 DIVISION 1. - GENERALLY 15 Sec. 48-535. - Definitions. 16 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 17 to them in this section, except where the context clearly indicates a different meaning: 18 Alley (narrow public or private street) means a way through the middle of a block giving access to the 19 rear or properties. 20 ARC-Atlanta Regional Commission means the MPO for the city and the official holder of TIP monies 21 given by the state. 22 Arterial street (a roadway with greater than 10,000 vpd) means a level of functional classification and 23 city roads will be listed on the official Functional Classification Map, annually updated. 24 Bicycle facilities includes bike lanes, multi-use paths, trails, bike racks, and other related 25 improvements. These terms are defined further in the Bike and Pedestrian Master Plan . 26 Bimodal semitrailer means a detachable load-carrying unit designed to be attached to a coupling on 27 the rear of a truck by which it is partially supported during movement over the highway and designed either 28 with retractable flanged wheels or to attach to a detachable flanged wheel assembly for movement on the 29 rails. 30 Page 45 Capital improvements means any asset that increases the service capabilities of a public facility or 1 work or materials applied to an existing asset that restores that asset or infrastructure to a "like new" 2 condition, and improves the performance and reliability levels of the asset beyond the capabilities of the 3 original installation, or performs a duty or service that was not previously provided. A capital improvement 4 plan is commonly known as a CIP. 5 CDBG means a community development block grant. 6 Citation means a ticket for infraction within city codes and ordinances. 7 City engineer means the transportation engineer, or his or her designee. 8 Collector street (a roadway with between 4,000 and 10,000 vpd) means a level of functional 9 classification and city roads will be listed on the official Functional Classification Map annually updated. 10 Commercial driveway means any private entrance, exit, ramp, tunnel, bridge, side road, or other 11 vehicular passageway to any property used for commercial purposes, except a farm or a dwelling house 12 not exceeding a four-family capacity, and leading to or from any public road o n the state highway system. 13 Destinations means: 14 (1) Stores 15 (2) Restaurants; 16 (3) Schools; 17 (4) Banks; 18 (5) Offices; 19 (6) Other places of employment; 20 (7) Daycares; 21 (8) Residential community facilities (i.e., pools, tennis courts, clubhouse); 22 (9) Hospitals or health facilities; 23 (10) Churches and other places of worship; 24 (11) Recreation and parks facilities; 25 (12) Privately-owned recreation facilities; 26 (13) Entertainment venues; 27 (14) Transit facilities; and 28 (15) Other related locations. 29 Page 46 Driver means every person who drives or is in actual physical control of a vehicle. 1 FHWA means the Federal Highway Administration. 2 Functional classification means a listing and map which identifies which roads are major arterial, minor 3 arterial, and collector. 4 GAB means the graded aggregate base (i.e., gravel). 5 GDOT means the Georgia Department of Transportation. 6 GIS means the Geographic Information System. 7 Governing authority means the mayor and city council of Milton, Georgia, and where delegated by the 8 mayor and council, the City of Milton Police Department and any other city personnel. 9 GRTA means the Greater Regional Transportation Authority. 10 Gross weight means the weight of a vehicle without load plus the weight of any load thereon. 11 HOA means the homeowners' association. The official point of communications with the city shall be 12 with the president or as designated to a professional property manager. 13 IGA means an intergovernmental agreement usually made between two or more municipalities. 14 Inter-connectivity means the ability to easily move between locations because of planning along 15 designated routes. These alternative routes assist the transportation system in lessenin g the effects of 16 "point loading." Often private property development connections between adjacent properties may not occur 17 concurrently because the parcels likely have different ownership (i.e., pieces to an overall puzzle may be 18 built separately). City projects are required to have logical termini as that type of development will cross 19 multiple parcels and be funded publicly. 20 Internal capture means internal trips which are expressed as a rate of capture (percentage of trips that 21 occurs within the site). 22 Internal trips means trips that are made within a multi-use or mixed-use development, by vehicle or by 23 an alternate mode, such as walking. 24 LARP means the Local Assistance Resurfacing Program . 25 LOS (level of service) means a quantitative and qualitative measure of how well traffic flows on a given 26 street or highway. The term "level of service" includes such factors as highway width, number of lanes, 27 percentage of trucks, total traffic volume, turning movements, lateral clearances, grades, sight distance, 28 capacity in relation to volume, travel speed and other factors which affect the quality of flow. The term "level 29 of service" is typically summarized by letter grades described as follows: 30 (1) Highway levels of service, per 15-minute flow period and intended for application to segments of 31 significant length per direction per the Highway Capacity Manual 2000. 32 Page 47 a. Level "A" means nearly free-flow conditions with low traffic volumes, high speeds and free-1 flow conditions. Passing demand is well below capacity. Dr ivers are delayed no more than 2 40 percent of their travel time by slow-moving vehicles. A maximum flow rate of 490 pc/h 3 total in both directions may be achieved with base conditions. Speeds are at or above the 4 posted speed limit may require strict enforcem ent. 5 b. Level "B" means nearly free-flow conditions with light traffic volumes, minor speed 6 restrictions and stable flow. The demand for passing to maintain desired speeds becomes 7 significant and approximates the lower boundary of the LOS B. Drivers are delayed in 8 platoons up to 55 percent of the time. Service flow rates of 780 pc/h total in both directions 9 can be achieved under base conditions. Above this flow rate, the number of platoons 10 increase dramatically. Speeds are still very near the posted speed limit. 11 c. Level "C" means nearly free flow conditions, moderate traffic volumes, where speed and 12 maneuvering are restricted to a limited degree by the amount of traffic. This results in 13 noticeable increases in platoon formation, platoon size, and frequency of passing 14 impediments. Although the flow is stable, it is susceptible to congestion due to turning traffic 15 and slow-moving vehicles. Percent time-following may reach 70 percent. A service flow rate 16 of up to 1,190 pc/h total in both directions can be accommodated under base conditions. 17 Speeds are still near the posted speed limit. 18 d. Level "D" means a condition with heavy traffic operating at tolerable speeds and restricted 19 maneuverability, although temporary slowdowns in flow may occur. The two opposing traffic 20 streams befin beginning to operate separately at higher volume levels, as passing becomes 21 extremely difficult. Passing demand is high, but passing capacity approaches zero. Mean 22 platoon sizes of five to ten vehicles are common, although speeds of 40 mph can still b e 23 maintained under base conditions. Turning vehicles and roadside distractions cause major 24 shock waves in the traffic stream. Motorists are delayed in platoons for nearly 85 percent of 25 their travel time. Maximum service flow rates of 1,830 pc/h total in bo th directions can be 26 maintained under base conditions. 27 e. Level "E" means considered at capacity, a condition of very heavy flow, very little if any 28 freedom to maneuver, and reasonably low speeds. Under Level "E" the traffic is unstable 29 and short stoppage may occur. Traffic flow conditions have a percent time -spent following 30 greater than 85 percent. Even under base flow conditions, speeds may drop below 40 mph. 31 Average travel speeds on highways with less than base conditions will be slower, even down 32 to 25mph on sustained upgrades. Passing is virtually impossible at LOS E and platooning 33 becomes intense, as slower vehicles or other interruptions are encountered. The highest 34 volume attainable under LOS E defines the capacity of the highway, generally 3,200 pc /h 35 total in both directions. Operating conditions at capacity are unstable and difficult to predict. 36 Page 48 Traffic operations seldom reach near capacity on rural highways, primarily because of lack 1 of demand. 2 f. Level "F" means a condition of extremely heavy flow, with frequent stoppage, significant 3 queuing at constricted points and very slow speeds. It is an unstable traffic condition under 4 which traffic often comes to a complete halt. Volumes are lower than capacity and speeds 5 are highly variable. 6 (2) Stop controlled intersection levels of service, per approach per the Highway Capacity Manual 7 2000. 8 a. Level "A" means the average control delay of 0-10 seconds per vehicle (s/veh). 9 b. Level "B" means the average control delay of 10-15 seconds per vehicle (s/veh). 10 c. Level "C" means the average control delay of 15-25 seconds per vehicle (s/veh). 11 d. Level "D" means the average control delay of 25-35 seconds per vehicle (s/veh). 12 e. Level "E" means the average control delay of 35-50 seconds per vehicle (s/veh). 13 f. Level "F" means average control delay of greater than 50 seconds per vehicle (s/veh). 14 (3) Signalized intersection levels of service, per lane per approach per the Highway Capacity Manual 15 2000. 16 a. Level "A" means the average control delay of 0-10 seconds per vehicle (s/veh). 17 b. Level "B" means average control delay of 10-20 seconds per vehicle (s/veh). 18 c. Level "C" means the average control delay of 20-35 seconds per vehicle (s/veh). 19 d. Level "D" means the average control delay of 35-55 seconds per vehicle (s/veh). 20 e. Level "E" means the average control delay of 55-80 seconds per vehicle (s/veh). 21 f. Level "F" means the average control delay of greater than 80 seconds per vehicle (s/veh). 22 Local streets (roads with volumes of less than 4,000 vpd) means a level of functional classification and 23 city roads will be listed on the official Functional Classification Map annually updated. 24 Maintenance means work that is done regularly to keep equipment functioning properly or a neat, 25 orderly appearance. 26 (1) The term "maintenance" includes: 27 a. Potholes; 28 b. Resurfacing; 29 c. Roadside trash pickup; 30 Page 49 d. Signal/sign/striping repairs; 1 e. Parks; 2 f. Community buildings; 3 g. Grass cutting; 4 h. Shoulder repair; and 5 i. Streetlight bulb replacement. 6 (2) The term "maintenance" does not include: 7 a. Major damage due to auto crashes or natural disasters; 8 b. Equipment damaged during construction projects; 9 c. Private roads; or 10 d. Private entrance gates. 11 Mitigation means to cause to become less severe, to alleviate congestion. The LOS minimum 12 standards contained in this definition shall be used for impact assessment and mitigation analysis. 13 (Reference GRTA DRI Technical Guidelines.) 14 (1) Major arterials: LOS C. 15 (2) Minor arterials: LOS C. 16 (3) Collectors and others: LOS C. 17 Motor vehicle means every vehicle that is self-propelled. 18 MPO means the Metropolitan Planning Organization (ARC means the ATL MPO). 19 MOU means a memorandum of understanding. The term "MOU" also inc ludes an LOU letter of 20 understanding. The term "MOU" applies to policy decisions formally adopted between two or more 21 government agencies. 22 New trips means the total vehicle trips, minus pass-by trips, minus internal trips, if applicable. 23 NOV means a notice of violation. The tem "NOV" means the first step required before a citation for 24 City Code offenses. 25 Operator means any person who drives or is in actual physical control of a motor vehicle. 26 Owner means a person, other than a lienholder or security interest holder, having the property in or 27 title to a vehicle. The term "owner" includes a person entitled to the use and possession of a vehicle subject 28 to a security interest in or lien by another person but excludes a lessee under a lease not intended as 29 security except as otherwise specifically provided in this title. 30 Page 50 Pass-by trips means vehicle trips which are made by traffic already using the adjacent roadway and 1 entering the site as an intermediate stop on the way to another destination. 2 Peak hour means: 3 (1) 7:00 a.m. to 8:00 a.m., 8:00 a.m. to 9:00 a.m. or the highest four 15-minute increments within 4 such time period for the a.m. peak hour; and 5 (2) 4:00 p.m. to 5:00 p.m., 5:00 p.m. to 6:00 p.m. or the highest four 15-minute increments within 6 such a time period for the p.m. peak hour. 7 Peak-hour trip generation study means a study by a qualified professional of one or more actual 8 developments of similar land use and development characteristics which provides empirical data on the 9 actual number of trips entering and exiting said development during the a.m. and p.m. peak hour. A peak -10 hour trip generation study shall consist of a.m. and p.m. peak hour traffic counts by direction (entering and 11 exiting) on at least three separate weekdays if th e study is based on only one similar development, or at 12 least one a.m. and p.m. traffic count for three different actual developments. The results of actual traffic 13 counts from peak-hour trip generation studies may be adjusted to discount pass -by trips as provided in this 14 article. 15 Pedestrian facilities means sidewalk, path, multi-use path, trail, benches, pedestrian only bridges, 16 public right-of-way for walking, rollerblading, etc., or other related improvements. These are further defined 17 within the Bike and Pedestrian Master Plan. 18 Pneumatic tire means every tire in which compressed air is designed to support the load. A vehicle 19 shall be considered equipped with pneumatic tires when pneumatic tires are used on all wheels. 20 Pole trailer means every vehicle without motive power designed to be drawn by another vehicle and 21 attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to 22 the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, 23 or structural members capable, generally, of sustaining themselves as beams between the supporting 24 connections. 25 Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations 26 of traffic regulations. 27 Private streets means roadways constructed to Fulton County or city standards but owned and 28 maintained by a private entity (typically a homeowners' association). 29 (1) Necessary easements for ingress and egress for police, fire, emergency ve hicles, and all 30 operating utilities shall be provided. 31 Page 51 (2) Should the city, ever be petitioned to assume ownership and maintenance of the private streets 1 prior to formal dedication of their streets as public, they must be brought to acceptable city 2 standards subject to the approval of the public works director. 3 (3) The term "private road or driveway" means every way or place in private ownership and used for 4 vehicular traffic by the owner and those having express or implied permission from the owner, but 5 not by other persons. 6 Public or private property means the right-of-way of any road or highway; any body of water or 7 watercourse or the shores thereof; any park, playground, building, refuge or conservation or recreation 8 area; and residential or farm properties, timberland or forest. 9 Public streets means rights-of-way used for access owned and maintained by the federal, state, or 10 local government. 11 Professionally accepted means published by the Institute of Transportation Engineers, or prepared by 12 a qualified professional under work supervised by the city, or prepared by a qualified professional; and 13 accepted by the city engineer. 14 Qualified professional, for purposes of conducting traffic impact studies as may be required by this 15 article, means a registered professional engineer with experience in traff ic engineering. For purposes of 16 conducting peak hour trip generation studies, the term "qualified professional" means a registered 17 professional engineer with experience in traffic engineering, or another professional approved by the city 18 engineer Transportation Engineer based on education and experience to conduct such trip generation 19 studies. 20 Qualified sign contractor means determined by application. An applicant is to submit a resume or job 21 experience and photos of past installations. 22 Qualified signal contractor means a GDOT prequalified signal contractor who is familiar with GDOT 23 brands of cabinet equipment. 24 Reserved rights-of-way means the potential right-of-way reserved for expansion or new right-of-way 25 including, but not limited to, the calculation of total allowable density and the determination of building 26 setbacks and buffers. In conjunction with the conveyance of any parcel affected by a reserved right-of-way, 27 the developer shall retain the right to require the parcel owner to dedicate t he reserved right-of-way to the 28 city (at no cost or expense to the city) in the event that traffic demand warrants an expansion, the 29 Transportation Master Plan shows such new location roadway, or is required as a condition of rezoning. 30 Right-of-way means the right to pass through property owned by another, as with a highway; to take 31 precedence in traffic. 32 Roadway means that portion of a street, road, or highway improved, designed, or ordinarily used for 33 vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate 34 Page 52 roadways, the term "roadway" refers to any such roadway separately, but not to all such roadways 1 collectively. 2 Rural typical sections means those sections determined by the Future Land Use Map agricult ural 3 zoning designation to identify rural limits. (See standard details.) 4 School means an institution of learning for children or specialized higher education; land set apart to 5 establish a school. 6 Semitrailer means a detachable load-carrying unit designed to be attached to a coupling on the rear 7 of a truck by which it is partially supported. 8 Sidewalk means that portion of a street between the curb lines, or the lateral lines of a railway, and 9 the adjacent property lines, intended for use by pedestrians , and further defined by Sec. 48-562. 10 Significant-engineering certification means that substantial and commonly accepted engineering 11 standards are met. The term "significant-engineered certification" includes, but is not limited to, the following 12 engineering standards being met: 13 (1) Roadside Design Guide; 14 (2) ITE Handbook; and 15 (3) MUTCD guidelines. 16 Stand or standing means the halting of a vehicle, whether occupied or not, otherwise than temporarily 17 for the purpose of and while actually engaged in receiving or discharging passengers. 18 STIP means the State Transportation Improvement Plan. 19 Stop or stopping: 20 (1) When required, the term "stop or stopping" means complete cessation from movement; or 21 (2) When prohibited, the term "stop or stopping" means any halting, even momentarily, of a vehicle, 22 whether occupied or not, except when necessary to avoid conflict with other traffic or in 23 compliance with the directions of a police officer or traffic-control sign or signal. 24 Streetlights means the lights along a right-of-way. These may be public or private; however, both are 25 subject to cit y standards. 26 Subdivision. 27 (1) The term "subdivision" means: 28 a. All divisions of a tract or parcel of land into two or more lots, buildings, sites, or other divisions 29 for the purpose, whether immediate or future, of sale, legacy, or building development; 30 Page 53 b. All division of land involving a new public road or a change in existing public roads or new 1 drives, driveways, access ways, or changes that require access to the state right-of-way; 2 c. Resubdivision; and 3 d. Where appropriate to the context, relates to the process of subdividing or to the land or area 4 subdivided. 5 (2) The term "subdivision" does not include the following: 6 a. The combination or recombination of portions of previously platted lots where the total 7 number of lots is not increased and the resultant lots are equal to the standards of the 8 municipality; or 9 b. The division of land into parcels of five acres or more where no new street is involved. 10 Tractor means any self-propelled vehicle designed for use as a traveling power plant or for drawing 11 other vehicles but having no provision for carrying loads independently. 12 Traffic calming policy means a public works department policy and procedure for responding to citizen 13 concerns regarding speed reduction. The policy discusses the required application, site visit by staff, 14 technical assessment by staff, and response letters from staff. 15 Traffic impact study means an analysis and assessment, conducted by a qualified professional, that 16 assesses the effects that a discretionary development proposal's traffic will have on the transportation 17 network in a community or portion thereof. Traffic impact studies vary in their range of detail and complexity 18 depending on the type, size and location of the proposed development. 19 Trailer means every vehicle with or without motive power, other than a pole trailer, designed for 20 carrying persons or property and for being drawn by a motor vehi cle and so constructed that no part of its 21 weight rests upon the towing vehicle. 22 Transit facilities means bus stops, bus shelters, bus stations, park and ride parking lots, carpool and 23 vanpool parking spaces, school bus stops, school bus parking yards, bu s parking yards, bus only lanes, 24 high occupancy vehicle lanes, commuter rail lines, rail stations, taxi waiting areas, airport shuttle waiting 25 areas, and other related improvements. These will be further described in the Transportation Master Plan. 26 Transportation conformity. 27 (1) The term "transportation conformity" means a way to ensure that federal funding and approval 28 goes to those transportation activities that are consistent with the air quality goals: 29 a. To eliminate violations; 30 b. Reduce the frequency and severity of violations; and 31 c. Reach attainment in a timely manner. 32 Page 54 (2) The term "transportation conformity" applies to: 1 a. Long-range transportation plans; 2 b. Shorter-term transportation improvement programs (TIPs); and 3 c. Transportation projects funded or approved by the Federal Highway Administration (FHWA) 4 or the Federal Transit Administration (FTA). 5 (3) Conformity requirements apply in areas that either do not meet or previously have not met certain 6 air quality standards. 7 Trip means a single or one-directional travel movement with either the origin or destination of the trip 8 inside the study site. (Institute of Transportation (ITE): Trip Generation). Since person -trips are sometimes 9 used within an analysis, all "trips" in this article wi ll be assumed to be vehicle movements and the phrase 10 "person trips" will be used to differentiate between those two measures. 11 Trip generation means an estimate of the number of vehicle trips that will be generated due to the new 12 development, which is calculated based on the type and amount of land uses in the proposed development 13 and professionally accepted trip generation rates for each such land use. Trip generation may be expressed 14 on an average daily basis or average peak hour (a.m., p.m. or both). 15 Truck means any motor vehicle having a gross weight of 18,000 pounds or over which is designed 16 and used for the transportation of merchandise or freight. 17 Truck camper means any structure designed, used or maintained primarily to be loaded on or affixed 18 to a motor vehicle to provide: 19 (1) A mobile dwelling; 20 (2) A sleeping place; or 21 (3) An office or commercial space. 22 Urban typical sections means sections determined by the Future Land Use Map non-agricultural 23 zoning designation to identify urban limits. 24 Sec. 48-536. - Penalty; enforcement. 25 (a) Any person who violates this article shall be guilty of a misdemeanor and, upon conviction thereof, 26 shall be punished by a fine not more than $1,000.00 or no more than 60 days in jail or both for each 27 occurrence; and each occurrence shall be deemed a separ ate offense. 28 (b) Unless otherwise specifically provided by resolution of the mayor and city council, the enforcement of 29 this article shall be within the jurisdiction of the city's police department and any other city officer 30 authorized by the state to make misdemeanor criminal arrests. Persons designated by the governing 31 authority are hereby authorized to issue citations or summons or both, charging violations under this 32 Page 55 article, returnable to a court or courts having jurisdiction over state traffic offens es or other courts 1 having jurisdiction over violations of city ordinances. 2 (c) For purposes of enforcing the provisions of this article, any city court having jurisdiction over state 3 traffic offenses or other courts having jurisdiction over violations of city ordinances shall be entitled to 4 take such action to ensure compliance, and the person convicted shall reimburse the city for any cost 5 or expense associated with such compliance efforts, and the city shall be entitled to place a lien on 6 the property or require a bond from the person to secure payment and reimbursement for these 7 expenses. 8 9 Secs. 48-537—48-557. - Reserved. 10 11 DIVISION 2. - CONSTRUCTION STANDARDS AND SPECIFICATIONS 12 Sec. 48-558. - Permits. 13 (a) Required. 14 (1) City permits shall be in accordance to state law, O.C.G.A. chapter 32. 15 (2) No person or company shall perform construction work non-routine maintenance work in the 16 street right-of-way without a right-of-way encroachment permit issued by the city andor, if 17 necessary, the state department of transportation. This includes but is not limited to the following: 18 grading, landscaping, drainage work, temporary access to undeveloped land or construction of a 19 development. Any revisions to any portion of existing driveways, i.e. widening or relocations, shall 20 also require a permit. If any significant change in land use is requested, the department has the 21 right to require modifications to the existing drive to comply with regulations. Such permit shall be 22 posted at the construction site at all times. Such construction must conform to the 23 construction/maintenance guidelines and specifications of the city or the GDOT. The public works 24 department shall be authorized to oversee and manage the right-of way encroachment permit. 25 (3) No person or company shall construct a drive or entrance to any public road without a permit from 26 the city, and if necessary the state department of transportation. 27 (4) It shall be unlawful for any person to construct any permanent feature such as an irrigation 28 system, sign or fence in the public right-of-way without a permit from the city, and or if necessary, 29 from the state department of transportation. Existing features are not necessarily grandfathered. 30 (See section 48-585.) 31 (b) Procedure. 32 Page 56 (1) Contents. Any permit application to the city shall indicate in writing the following: 1 a. All proposed repair, work, maintenance, or alteration to existing city sidewalks or streets 2 including, when possible, proposed measurements and plats of any repair, alteration, or 3 maintenance. This shall include, but is not limited to: tree trimming in the right -of-way, utility 4 work in the right-of-way, open street cuts, shoulder construction, street bores, road closures, 5 new developm ent roads or driveways, or new lanes. 6 b. Compliance with applicable local, state and federal laws. 7 (2) Permits for work within the rights-of-way established as state routes shall be also to issued by the 8 Georgia Department of Transportation, District Seve n. 9 (3) The city is authorized to establish additional guidelines and policy for applying for permits. Said 10 guidelines shall be consistent with this Code and must be approved by the city managerPublic 11 Works DIrector. 12 13 Sec. 48-559. - Construction road signage and warnings. 14 (a) Each person or company to whom a permit has been issued to perform construction work in rights -of-15 way shall place appropriate traffic devices and signage as dictated by the current edition of the Manual 16 on Uniform Traffic Control Devices. 17 (b) It is unlawful for any person who obtains a permit under this article to do any excavation of any kind 18 which may create or cause a dangerous condition in or near any street (public or private), alley (public 19 or private), sidewalk, or public place of the city without placing and maintaining proper traffic control or 20 other warnings at, in or around the same, sufficient to warn the public of the excavation or work, and 21 to protect all persons using reasonable care from injuries. All work in rights -of-way must be conducted 22 in a manner that is consistent with the Manual on Uniform Traffic Control Devices (MUTCD), latest 23 edition, the city right-of-way encroachment permit, and Occupational Safety and Health Administration 24 (OSHA) standards including trenching. 25 (c) Road signage within rights-of-way shall be decided by policy within the public works department, 26 except where the jurisdiction along state routes shall be the state department of transportation is 27 required by state law. 28 (d) Detours and road closures shall have state department of transportation certified flaggers or off-duty 29 police officers when required by right-of-way permit. 30 Sec. 48-560. - Repair after excavation. 31 Page 57 (a) When any part of any street, alley, or other property of the city shall be torn or dug up for any purpose, 1 the person or company performing such construction work shall promptly restore the street, sidewalk, 2 and landscaping to a condition as good as or better condition than before the construction commenced. 3 (b) The city will conduct a final inspection known as a punchlist to ensure that the street, sidewalk, or 4 public way is restored to a condition that is in compliance with these regulations as good in all respects 5 as before the excavation or work was made or done, and that all debris, materials, tools, and 6 equipment are removed. 7 (c) Steel plates are not an acceptable method of temporary restoration of lanes during roadwork unless 8 specifically permitted. Only if the open cut can not be restored prior to weekend or holiday, shall steel 9 plates be installed with pegs and coldpatch for no longer than 72 hours at the discretion of the public 10 Public worksW orks Director, until work resumes. Though covered by a plate, each open cut must be 11 completely filled with no. 57 stone. Violators will be subject to a $1,000.00 fine per instance and 12 location. Fines shall be calculated by calendar day and each calendar day shall receive such fine. The 13 city requires bores except when sufficient hardship is accepted by the city. 14 Sec. 48-561. - Creation of roads. 15 (a) The city engineer Transportation Engineer or his or her designee shall approve the design and 16 construction for any new roads within the city. 17 (1) Creation of new roads shall conform to all rules set out in O.C.G.A. chapter 32. 18 (2) Functional classifications as defined in section 48-535. 19 (3) The standard construction specifications shall be the online document, The GDOT source: 20 http//tomcat2.dot.state.ga.us/thesource/specs/index.html. The English system of measurement 21 shall be used. 22 (4) Enforcement shall be by engineering testing on all new public or private rights-of-way prior to final 23 plat approval or certificate of occupancy, whichever is appropriate. 24 (b) Engineering testing guidelines. 25 (1) Road cores and reports are required per GDOT specifications. Asphalt or concrete design mix 26 will be verified by this. Field engineer with testing company shall choose locations in cooperation 27 with the city construction inspector. 28 a. A minimum of one road core per turn lane installation. 29 b. A minimum of one road core per 250 linear feet of new road or road that is being overlaid. 30 c. Additional locations may be required as necessary. 31 Page 58 (2) Compaction testing per GDOT specifications (density and proctor) on GAB. This will also include 1 the proof roll with the city construction inspector on site. 2 a. A minimum of one test per turn lane installation. 3 b. A minimum of one test per 250 linear feet of new road. 4 (3) Subbase compaction testing per GDOT specifications (density and proctor). This will occur just 5 prior to GAB installation. 6 a. A minimum of one test per turn lane installation. 7 b. A minimum of one test per 250 linear feet of new road. 8 (4) Rural and urban typical sections shall be determined according to the de finitions of this article 9 and the standard details attached herein. Adherence to these complete details requires the use 10 of ditches for rural typical sections which may not be filled in or removed by a developer or 11 property owner. Fines for such removal shall be $1,000.00 per day per location and require the 12 offender to remediate such problems as have been created to the city's acceptance. 13 (5) Existing unpaved (gravel) roads shall not be paved except by the following processes in addition 14 to approval by the recreation and parks committee , when that section of road has been identified 15 as part of the trails plan, and city staff: 16 a. Petition of homeowners located on the road;. (See public works policies.) 17 b. Approval by city staff and, when that section of road has been identified as part of the trails 18 plan, approval by the recreation and parks committee; and 19 bc. City council approval. action where such action is funded as part of the recommendation. 20 (6) Proposed private unpaved (gravel) roads shall be exceptional and agricultural residential in 21 nature. Private gravel roads may be permitted under the following conditions: 22 a. W hen the projected ADT is less than 400 VPD; and, 23 b. The proposed gravel road does not connect to more than one higher classification road ; 24 and, 25 c. The typical section is constructed in accordance with standards developed by the Public 26 Works Department. 27 (7) Proposed public unpaved (gravel) roads shall not be allowed. 28 29 Sec. 48-562. - Creation of sidewalks, paths and trails. 30 Page 59 The City Council for the City of Milton finds that sidewalks, both internal and along the entire road 1 frontage of a development, primarily advance the interests of the owners and occupants of such 2 development. Such interests so advanced include (1) increasing intra-development pedestrian mobility; (2) 3 promoting exercise and wellness; (3) creating a sense of community; (4) reducing vehicular traffic; and (5) 4 increasing overall development safety. Accordingly, Sidewalks, paths, and trails shall be installed as 5 follows: 6 (1) All owners, developers, or occupiers of parcels of land where a development permit or building 7 permit is issued within ½ mile of a school or public park and the parcel is not identified on the 8 current bike and pedestrian master plan shall be required to provide a sidewalk, path, or trail 9 consistent with the bike and pedestrian master plancity standards. 10 a. Urban areas shall have sidewalks, multiuse paths, and possibly bike lanes. These routes are 11 generally parallel to the rights-of-way. Interiors of agricultural zoned subdivisions are 12 required to have urban typical section unless a variance is granted. 13 b. Rural areas shall have multiuse paths or trails and will generally be constructed of materials 14 such as gravel, wood chips, or similar items. These routes are not required to be parallel to 15 the rights-of-way. 16 c. Such sidewalk, path, or trails shall conform to the AASHTO and applicable ADA 17 requirements and to all applicable overlay district guidelines and standards. 18 d. The Milton Trail Plan provides further explanation on these routes and their design. (See 19 article VIII of this chapter.) 20 (2) In cases where a development permit or building permit is sought on tract of land proposed for 21 single-family development: 22 a. In major subdivisions or on commercial projects, the city shall require internal pedestrian 23 facilities on both sides of any public or private right-of-way or as may be required in the 24 Subdivision Regulations. Subsequently, the development permit shall indicate proposed 25 construction of pedestrian facilities along the entire road frontage on all proposed streets 26 and along alternative routes connecting many adjacent destinations in coordination with the 27 city trail plan. the entire frontage when required. 28 b. The installation and city acceptance of required sidewalk , paths, or trails shall be completed 29 prior to a certificate of occupancy being issued for the building or structure on the affected 30 parcel. 31 (3) In the event of single-family developments outside of subdivisions, sidewalks shall be installed as 32 required by the city trail plan and approved by the city. Appeals shall be to the de sign review 33 board. 34 Page 60 (4)(3) Where trees exist or other conditions exist, the city may require the sidewalks to meander 1 in the right-of-way or into the lot where the permit is being sought. The city encourages all 2 sidewalks to meander slightly where conditions allow such to occur. Should the sidewalk meander 3 out of the right-of-way, a sidewalk easement or additional right of way dedication will be required. 4 Meandering designs shall not be severe radii to better accommodate persons with disabilities. 5 (See article VIII of this chapter.) 6 (5)(4) The city shall require the sidewalk to be installed at least five feet from the back of curb 7 along the road unless the city determines a practical difficulty exists or an overlay district requires 8 an additional setback. Rural paths and trails shall be located outside of the clear zone and not 9 immediately adjacent to the edge of pavement. Paths and trails outside of the right -of-way will 10 require a Milton trail easement. 11 (6)(5) Exceptions. This section shall not apply to any lot or parcel for which a development permit 12 or building permit is issued but where the city determines that the permit is for an accessory use 13 or structure to the principal use or structure or for minor repairs or additions to the principal 14 building or structure in existence. Such determination will be made by the community 15 development department. 16 17 Sec. 48-563. - Existing sidewalks. 18 (a) For any land or building development where sidewalks are required as outlined in section 48 -562, and 19 there is an existing sidewalk along the road or street frontage, an inspection of the sidewalk shall be 20 made by the city. If the inspection shows the sidewalk is deficient or does not exist along the entire 21 frontage, the owner must construct or repair the sidewalk to current design specifications including 22 material revisions, such as concrete to brick, as required by the city. 23 (b) The property owner shall be required to maintain the sidewalk along the entire lot frontage by 24 maintaining the grass or landscaping in the right-of-way. 25 (c) No person shall be permitted to erect any drain, gutter, downspout, valley, flat, or sloping roof of any 26 character that will in any manner drain or shed water on any sidewalk of the city. 27 28 Sec. 48-564. - Regulatory, warning and guide signs. 29 (a) Pole mounted. 30 (1) Standards. 31 Page 61 a. Public signs shall be mounted on a standard galvanized breakaway square pole type as 1 approved by the public works department. All street name sign blades must be double sided 2 0.080 gauge aluminum and nine inches high by 36 inches wide with six-inch letters. All street 3 name signs shall be mounted on the same pole as stop sign where practical. All public street 4 name signs shall have white high intensity (HI) six-inch letters with green high intensity 5 backgrounds. 6 1. Dead-end roads shall have end marks in high intensity (HI) yellow. 7 2. A single installation by the property owner of all required signs is required prior to final 8 plat. 9 3. Only overlay districts shall be allowed to post neighborhood toppers as included in 10 standard details: "Crabapple" and "Birmingham." 11 b. Private signs shall be mounted on a standard galvanized breakaway square pole type by a 12 contractor qualified to perform this work and permitted for this project using the right -of-way 13 permit. All external street name signs must be double sided 0.080 gauge aluminum and be 14 nine inches high by 36 inches wide. All street name signs shall be mounted on the same 15 pole as stop sign where practical. All private street name signs shall high white high intensity 16 (HI) six-inch letters with blue (HI) backgrounds. 17 1. Dead-end roads shall have end marks in high intensity (HI) yellow. 18 2. A single installation by the property owner of all required signs is required prior to final 19 plat. 20 3. Overlay districts shall be allowed to post neighborhood toppers as include d in standard 21 details: "Crabapple" and "Birmingham." 22 4. Subdivision identification toppers may be allowed within subdivisions. 23 (2) Requests. If a request is made for decorative sign poles, the neighborhood must submit a formal 24 traffic control signage plan showing the recommended placement, size, type of pole, and type of 25 sign to be installed. This is more than a sign shop detail page. The city engineer Transportation 26 Engineer or his or her designee will evaluate the request with final comments. All signs and poles 27 must meet the requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD) 28 (www.mutcd.fhwa.dot.gov.). If decorative sign poles are approved, only a qualified sign contractor 29 is allowed to install the devices. If decorative sign poles are used, there must be a signed and 30 recorded agreement from the homeowners' association stating that they will be responsible for 31 maintaining the decorative poles. If a decorative pole is damaged and not replaced within 48 32 hours, the public works department will install a standard pole and standard sign if located on a 33 public street. If the decorative pole is replaced, the contractor must contact the public works 34 Page 62 department for the city to retrieve the standard pole if located on a public street. The length of the 1 sign pole must be high enough to allow for vertical clearance of the signs mounted. There will be 2 no cost to the city associated with the installation or maintenance of decorative poles. 3 (b) Overhead. 4 (1) Standards. Overhead signage is required at all signalized intersections. Signage shall comply 5 with current MUTCD and GDOT standards. Signage must have green high intensity (HI) sheeting, 6 type 9, with the official city horse logo in white high intensity located on the left edge of the sign. 7 The city communications director shall approve the first such logo. Signs will be exchanged to 8 new city standards from Fulton County standards when a capital improvement project occurs at 9 that location and as new traffic signals come online. 10 (2) Requests. Requests for lighting at intersections to better see overhead signs or for other related 11 overhead signage concerns shall be to the public works department. 12 (c) Mast arms for traffic signals. 13 (1) Standards. Mast arms when used shall be GDOT standard galvanized steel not of a decorative 14 nature. Decorative mast arms will be reserved for overlay districts and consistent with design 15 standards as outlined in the overlay districts. Mast arms placement and maximum size will be 16 determined by appropriate codes.shall comply with the standards approved for use by the Public 17 Works Department. 18 (2) Requests. Requests for decorative mast arms by citizens, businesses, and city boards and 19 commissions shall be directed to the public works department. If decorativ e mast arms are 20 approved, only a qualified signal contractor is allowed to install the devices and must be permitted 21 and installation accepted by city staff. If decorative mast arms are used, there must be a signed 22 and recorded agreement from the homeowners' association or other entity stating that they will 23 be responsible for maintaining the decorative mast arms (i.e., by having a qualified signal 24 contractor paint the mast arm approximately every five, not to exceed ten years). If a decorative 25 mast arm is damaged, the public works department will install a decorative mast and bill the 26 responsible party when the cost estimate is prepared. 27 (d) City streetlights. 28 (1) Standards. City streetlights, decorative, period lighting, and parkway lighting shall be products 29 readily available through the local power service providers. The city shall repair, maintain, and 30 pay utility bills for streetlights on public rights -of-way. The homeowners' association or private 31 business shall repair, maintain, and pay utility bills for streetlights on their respective private 32 rights-of-way. Other types of landowners with private lighting are likewise required to pay for utility 33 bills on their respective properties. 34 Page 63 (2) Requests. Requests for streetlighting by citizens or businesses, city boards and commissions 1 shall be directed to the public works department. Should such application show that street lighting 2 would provide a significant traffic safety difference, such request will be added to the capital 3 improvement plan at either the annual or midyear listing. Should such application show that street 4 lighting is a nontransportation safety project, the application will be denied and placed on the long 5 range list for capital improvement projects. Should the denied applicant desire to move this 6 forward more quickly, the applicant can pay 100 percent of the cost of materials and installations 7 by a qualified utility contractor or the electrical utility compa ny directly, the city would accept the 8 streetlights as a gift in kind and thus repair, maintain, and pay utility bills for such streetlights on 9 public rights-of-way. 10 (3) Removal. Requests for removal of street lighting by citizens within a subdivision considered rural 11 on the City of Milton Future Land Use Plan may be considered through an petition and application 12 process for removal of streetlights as defined in the public works p olicies. 13 14 Secs. 48-565—48-583. - Reserved. 15 DIVISION 3. - PROHIBITIONS AND USES 16 Sec. 48-584. - Obstruction of right-of-way. 17 (a) No person shall place or cause to place in any right -of-way: debris, rubbish, irrigation water, boxes, 18 displays, signs, poles, goods, merchandise, or any other object so as to impede or endanger traffic on 19 streets and sidewalks. 20 (b) No person or company shall construct or maintain a drive, yard, or lot constructed of gravel, pebbles, 21 or stone in such a manner that vehicles cause loose stones, pebbles or gravel to be thrown on to the 22 adjacent street or sidewalk. 23 (c) Any personal property placed on the right-of-way following an eviction notice shall be removed within 24 24 hours of physical eviction unless an extension of time is re quested on behalf of the evicted tenant. 25 For purposes of this chapter such property is deemed abandoned property 24 hours following eviction 26 unless the landlord by contract specifies a shorter time. If the property is not removed within 24 hours, 27 the city may commence removal and cite the property owner. The penalty assessed shall be 125 28 percent of the cost the city incurs in removing the property plus a fine of $1,000.00 shall be incurred. 29 (d) Illegal dumping within the right-of-way shall be removed within 24 hours of the notice of violation if not 30 considered an immediate threat but will be removed immediately if considered an immediate threat to 31 safety by the public works department. If the city is required to remove such debris, a penalty of 125 32 percent of the cost the city incurred in removing the property plus a $1,000.00 fine shall be assessed. 33 Page 64 1 Sec. 48-585. - Location within the right-of-way. 2 (a) A right-of-way and utility encroachment permit is required for all activities within the right -of-way 3 including, but not limited to, the construction, installation, repair or replacement of pipe, conduit, cable 4 or other facilities vital to the function of the utility or construction site referenced for the flow of traffic 5 (vehicles and pedestrians) (i.e. a driveway, shoulder, or road construction) at the referenced location. 6 Such permit shall be managed by the public works department. 7 (b) Irrigation systems, landscaping, fences, walls, non-driveable operable vehicles, trailers, boats, 8 dumpsters and other fixed objects within the right-of-way are safety hazards and not allowed within 9 the right-of-way. However; certain landscaping and irrigation systems may be permitted upon the 10 submittal of an indemnification form and other documents as may be required by the Public Works 11 Department. 12 (1) New unpermitted installations of such encroachments shall be removed and shoulders dressed 13 at the cost of the property owner within 30 calendar days of the citation plus a fine of one-half the 14 cost of the largest permit fee for the site. Should such installations be on an active construction 15 site, all CO's, LDP's, final plats, or other pressing applications to the city will be held until such 16 fine is paid by the property owner. 17 (2) Existing installations shall be subject to saf ety evaluations and must be relocated outside of the 18 right-of-way when major repairs or replacement occurs. Safety evaluations by public works may 19 result in an eviction notice and subsequent removal of such installation. Such removal shall occur 20 within 30 calendar days; however, no fine shall be assessed for existing permitted installations. 21 The burden of proof for the date of existing installations shall be by the Fulton County permit date, 22 dated construction drawings, or receipts. Without these, a fine sh all be assessed as if it was a 23 new unpermitted installation. 24 (3) Temporary items such as dumpsters, parked moving semi-trucks, and other related items as 25 determined by the public works department shall be given a citation and will be towed from the 26 right-of-way immediately to the subject parcel. The cost to the city will be reimbursed at a rate of 27 125 percent plus a $500.00 fine awarded to the property owner. An exception shall be moving to 28 or from a house: a semi without a tractor is allowed to park on a neighborhood street when a right-29 of-way encroachment permit is approved and proper advance warning signage is used. The 30 maximum length of time this permit for this application will be valid shall be 48 hours. 31 (c) Mailboxes. Mailboxes are subject to all regulations of the United States Postal Service (USPS). In 32 addition: 33 Page 65 (1) Single breakaway post mailboxes shall be the standard installation, placed five feet from the edge 1 of pavement. This installation shall not require a permit. 2 (2) Fixed object mailboxes (i.e., brick, stone, concrete, stucco, anything other than a standard 3 mailbox) are not allowed within the right-of-way and require a permit with the city. Installations of 4 such mailboxes shall also be subject to other requirements of this chapter and the AASHTO 5 Roadside Design Guide, current edition. 6 (d) Trees. Trees within the right-of-way shall be classified as follows: 7 (1) Shoulders. Street trees are required to be planted behind the sidewalk for urban sections or 8 outside of the AASHTO defined clear zone for on-system roadways, this may extend outside of 9 the right-of-way onto personal property for on-system roadways. The right-of-way encroachment 10 permit is required for plantings inside the right-of-way but outside of the clear zone. Any tree 11 within the right-of-way is subject to removal for safety reasons upon coordination of public works 12 and the city arborist. Street trees planted in the beauty strip are subject to removal by the city for 13 safety reasons. When the beauty strip is the only area available for planting, as determined by 14 the city arborist, the Georgia Department of Transportation (GDOT) category breakaway trees 15 such as crepe myrtles, hollies, etc., shall be planted there and must be maintained by trimming 16 appropriately by the property owner through a right-of-way landscaping agreement. 17 (2) Medians. Only Georgia Department of Transportation (GDOT) category breakway trees shall be 18 acceptable within planted medians, Additional landscaping maintained below 18 inches is also 19 acceptable. When median street trees are impacted, show signs of decline, or have a safety 20 concern, as determined by the city arborist, the replacement trees in the median shall meet this 21 updated requirement. Trees planted in the medians and shoulders must also meet: 22 a. The AASHTO Roadside Design Guide; and 23 b. The GDOT Pedestrian and Streetscape Guide. 24 (e) On-street parking. 25 (1) Vehicles may park on roads of subsequent width unless specifically prohibited by signage. The 26 city may regulate and prohibit parking of any type of vehicle on any public road. It shall be unlawful 27 to park any truck or any trailer which is designated by the department of public safety for a license 28 tag in a weight category heavier than 6,000 pounds on the right -of-way of any residential street 29 or upon residential zoned property, unless said vehicle is making a delivery to said residential 30 property. School buses shall not fall under this section. 31 a. This section shall not apply to construction vehicles, trailers, or equipment temporarily 32 located (maximum six hours) within a construction area, provided such vehicles, trailers or 33 Page 66 equipment are used in connection with dwelling units under construction within such 1 construction area. 2 b. Such officer is authorized to move such vehicle or require the driver or other person to move 3 the same. If the vehicle is unattended, such officer is authorized to remove or provide for the 4 removal of such vehicle to the nearest garage or other place of safety at the owner's 5 expense. State or local law enforcement officers and the department are further authorized, 6 with or without the owner's consent, to remove or have removed any o bstruction, cargo, or 7 personal property which is abandoned, unattended, or damaged as a result of a vehicle 8 accident which the department determines to be a threat to public health or safety or to 9 mitigate traffic congestion. 10 (2) Vehicles and trailers of any kind without current license plates, or vehicles, trailers or equipment 11 permitted to remain in an inoperable condition for more than 30 days shall not be parked or stored 12 on or about any property within a residential-zoned district; provided, however, this section shall 13 not apply to vehicles, trailers or equipment stored in an enclosed structure or appropriately 14 covered and located in the rear yard area. 15 (3) Exception: moving to or from a house. A semi with attached tractor is allowed to park on a 16 neighborhood street when a right-of-way encroachment permit is approved and proper advance 17 warning signage is used. The maximum length of time this permit for this application will be valid 18 shall be 24 hours. MUTCD acceptable cones, barricades, and other appropriate warning devices 19 shall be placed to provide advance warning to motorists. 20 (4) The city may place parking meters on or immediately adjacent to any or all of such roads for the 21 purpose of authorizing timed parking in designated spaces upon the payment of a charge for such 22 privilege. A municipality also may place such parking meters on or adjacent to any public road on 23 the state highway system located within the corporate limits of the municipality when authorized 24 by GDOT. 25 26 Sec. 48-586. - Assemblies, demonstrations and parades. 27 Regulation of assemblies, demonstrations and parades are governed by article IX, public assemblies, 28 of this chapter. 29 30 Sec. 48-587. - Agricultural uses. 31 (a) Agricultural equipment, such as tractors, combines, etc., shall be allowed to travel during daylight short 32 distances, of approximately one mile, along the right -of-way without being transported by a trailer for 33 Page 67 the purposes of traveling between utilized agricultural lands. A penalty of $100.00 per incident shall 1 be the fine for violators of this rule. Law enforcement responsibility for enforcement of this article shall 2 be in the department of public safety except: 3 (b) Just as construction equipment within LDP permits has limitations, so too does agricultural equipment. 4 (1) Agricultural equipment LDP limitations include, but are not limited to: 5 a. The removal of mud from the roadway; 6 b. The removal of gravel from the roadway; and 7 c. The repair to the roadway from track equipment, oversize equipment, etc. 8 (2) The following penalty applies in such situations: 9 a. A $100.00 fine per incident; 10 b. Plus the cost of repairs to the road; and 11 c. Plus the cost of certified traffic control by the person who caused the damages. 12 (3) Enforcement responsibility for this article shall be in th e public works department by sworn code 13 enforcement officers. The traffic control shall be placed within 24 hours after a notice of violation 14 or citation was given. The road repair shall begin within three business days of date of a notice of 15 violation or citation. 16 (c) The following vehicles may exceed such limitation without a permit: 17 (1) Farming or agricultural equipment; 18 (2) Horses; or 19 (3) Forest management equipment, whether self -propelled or being hauled, when such vehicle or 20 equipment is being operated during daylight hours upon a public road. 21 (d) Horses will ideally be ridden on gravel roads and other marked paths, marked trails, or rig hts-of-way 22 during daylight hours. 23 24 Sec. 48-588. - Construction and oversize vehicle uses. 25 (a) Haul permits are required from the public works department when more than 30 truck trips per day for 26 two weeks or when 10,000 CY of material will be hauled on a right-of-way. Such application shall be 27 concurrent with the right-of-way permit with a site map and calculation of earthworks and trips needed. 28 (b) Oversize vehicles and equipment that is not street legal are required to be conveyed from location to 29 location using a trailer, subject to all applicable state and GDOT rules and permits. 30 Page 68 1 Sec. 48-589. - Rules of the road. 2 The rules of the road shall include, but are not limited to: 3 (1) The Georgia Department of Driver Services, Georgia Driver's Manual, current edition; and 4 (2) Georgia Bike Sense Guide. 5 6 Secs. 48-590—48-608. - Reserved. 7 8 DIVISION 4. - TRAFFIC IMPACT STUDIES 9 Sec. 48-609. - Thresholds and applicability. 10 (a) Traffic studies shall be submitted with all rezoning applications. 11 (b) Projects that qualify as an Atlanta Regional Commission (ARC) development of regional impact (DRI) 12 are required to meet the city's impact study requirements. Note that the DRI study will be required at 13 the time of rezoning. 14 (c) The thresholds for determining the requirement of a traffic impact study were developed as follows: 15 DRI: non-metropolitan threshold or 50 percent of the DRI, metropolitan threshold, whichever is smaller, 16 except as noted by ***. 17 Use DRI: Metropolitan Regions DRI: Metropolitan Regions (50%) DRI: Nonmetropolitan Regions Milton Threshold Office >400,000 sq. ft. >200,000 sq. ft. >125,000 sq. ft. >125,000 sq. ft. Commercial >300,000 sq. ft. >150,000 sq. ft. >175,000 sq. ft. ***> 100,000 sq. ft. or > 20,000 sq. ft. with drive- through Wholesale and distribution >500,000 sq. ft. >250,000 sq. ft. >175,000 sq. ft. >175,000 sq. ft. Page 69 Hospitals and health care facilities >300 new beds; or generating > 375 peak hour vehicle trips per day >150 new beds; or > 187 peak hour trips per day >200 new beds; or generating > 250 peak hour vehicle trips per day >150 new beds; or > 187 peak hour trips per day Housing >400 new lots or units >200 new lots or units >125 new lots or units ***> 100 new lots or units Industrial >500,000 sq. ft.; or employing > 1,600 workers; or covering > 400 acres >250,000 sq. ft.; or employing > 800 workers; or covering > 200 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres >175,000 SF; or employing > 500 workers; or covering > 125 acres Hotels >400 rooms >200 rooms >250 rooms >200 rooms Mixed use >400,000 sq. ft. or > 120 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >200,000 sq. ft. or > 60 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >125,000 sq. ft. or > 40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein >125,000 sq. ft. or > 40 acres; or if any of the individual uses meets or exceeds a threshold as identified herein Airports All new airports, runways and runway extensions All new airports, runways and runway extensions Any new airport with a paved runway; or runway additions of > 25% of existing runway length Any new airport with a paved runway; or runway additions of > 25% of existing runway length Attractions and recreational facilities >1,500 parking spaces or a seating capacity of > 6,000 >750 parking spaces or a seating capacity of > 3,000 >1,500 parking spaces or a seating capacity of > 6,000 *** > 100 spaces School New school with a capacity of > 2,400 students, New school with a capacity of > 1,200 students, New school with a capacity of > 750 students, or ** New school with a capacity of > 100 Page 70 or expansion by at least 25% of capacity or expansion by at least 12.5% of capacity expansion by at least 25% of capacity students, or expansion by at least 25% of capacity Waste handling facilities New facility or expansion of use of an existing facility by 50% or more New facility or expansion of use of an existing facility by 25% or more New facility or expansion of use of an existing facility by 50% or more New facility or expansion of use of an existing facility by 50% or more Quarries, asphalt and cement plants New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 25% New facility or expansion of existing facility by > 50% *** Any new Wastewater treatment facilities New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 25% New facility or expansion of existing facility by > 50% New facility or expansion of existing facility by > 50% Petroleum storage facilities Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Storage > 25,000 barrels if within 500 feet of any water supply; otherwise, storage capacity > 100,000 barrels Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Storage > 50,000 barrels if within 1,000 feet of any water supply; otherwise, storage capacity > 200,000 barrels Water supply intakes/reservoirs New facilities New facilities New facilities New facilities Intermodal terminals New facilities New facilities New facilities New facilities Truck stops A new facility with > three diesel fuel pumps; or containing a half A new facility with > 2 diesel fuel pumps; or containing a quarter acre of A new facility with > three diesel fuel pumps; or containing a half acre of truck *** Any Page 71 acre of truck parking or 10 truck parking spaces. truck parking or 5 truck parking spaces. parking or 10 truck parking spaces. Any other development types 1000 parking spaces 500 parking spaces 1000 parking spaces 500 parking spaces New Churches n/a n/a n/a >500 seats Crabapple overlay district n/a n/a n/a Any commercial or > 10 lots or units of residential Areas of special traffic concern n/a n/a n/a As required by the city engineer Daycare n/a n/a n/a Any new or expansion by at least 25% capacity 1 Sec. 48-610. - Objectives. 2 The city finds that requiring a traffic impact study for proposed developments that meet certain 3 thresholds will help to achieve the following objectives: 4 (1) Forecast additional traffic associated with new development, based on accepted practices. 5 (2) Determine the improvements that are necessary to accommodate the new development. 6 (3) Allow the local government to assess the impacts that a proposed development may have and 7 assist the local government in making decisions regarding development proposals. 8 (4) Help to ensure safe and reasonable traffic conditions on streets after the development is 9 complete. 10 Page 72 (5) Reduce the negative impacts created by developments by helping to ensure that the 1 transportation network can accommodate the development. 2 (6) Protect the substantial public investment in the street system. 3 (7) Provide information relevant to: 4 a. Comprehensive planning; 5 b. Transportation planning; 6 c. Transit planning; and 7 d. The provision of programs and facilities for: 8 1. Traffic safety; 9 2. Road improvements; 10 3. Transportation demand management; 11 4. Pedestrian access; and 12 5. Other transportation system considerations. 13 14 Sec. 48-611. - Analyses. 15 The source for trip generation rates for the purposes of this chapter shall be the Trip Generation and 16 Handbook published by the Institute of Transportation Engineers (ITE), most recent edition. Determinations 17 of whether this chapter applies shall be made based on application of data from ITE Trip Generation, which 18 may change from time to time, or as otherwise approved by the city engineer. 19 (1) Discussion of assumptions. 20 a. Distributions. Default value is to assume site distribution will be the same split as existing 21 conditions. Call out any exceptions to this. For developments expected to generate more 22 than 30 truck trips per day, the study shall include separate trip distribution figures for trucks. 23 b. Total combined trip reduction (pass-by and internal capture) shall be calculated for both a 24 cap of ten percent maximum and also the recommended ITE value. 25 c. Growth factors. Provide analysis of both zero percent growth rate and calculated growth rate. 26 A cap of ten percent growth rate without prior city engineer Transportation Engineer approval 27 for areas within the city. For areas of impact outside city or county limits, higher growth rates 28 are acceptable. 29 Page 73 d. Any caps that desire hardship must submit information calculated within the set requirements 1 stated in subsections (1)a. through (1)c. of this section to prove hardship with the city 2 engineer. 3 (2) Technical analysis. 4 a. A scoping meeting with the applicant's traffic engineer and city engineer Transportation 5 Engineer is required prior to submittal of a traffic impact study. Failure by an applicant to not 6 have a scoping meeting prior to conducting their traffic counts will not constitute a hardship 7 for an exception to be approved by the city engineer. 8 b. A preliminary site access, site circulation, and parking plan will be prepared by the applicant 9 early in the project. The plan is considered in the trip ge neration, trip distribution and 10 assignment steps. 11 c. Existing traffic volumes (measured within the previous six months and adjusted to reflect 12 current conditions; tube counts shall be a minimum of 48 hours) and performance operation 13 analysis for all study intersections including all arterial, collector and local roads within the 14 study area, in the year that the proposed development is planned to commence, and in five 15 years. If phased development is proposed, the traffic impact study shall include projectio ns 16 for the year that each phase of the development is planned to be complete. 17 d. Level of service. All signalized and all-way stop controlled intersections shall operate at a 18 LOS "D" or better. Other unsignalized intersections (including unsignalized private accesses) 19 shall operate at LOS "E" or better for major left turns and side street approaches, although 20 LOS "F" may be allowed if the movement has a relatively low volume (to -capacity ratio and 21 there are no known safety problems at the intersection). 22 e. Pass-by trips are external to the development but are already on the transportation system 23 (not new trips on the roadway). These trips enter the site as an intermediate stop, or are 24 incepted by the proposed development. The pass -by rate (or percentage of total site trip 25 generation that are pass-by trips) is discussed in the scoping meeting. Trip reduction for 26 pass-by trips shall be as follows: 27 1. Calculate pass-by trips as provided for in the ITE Trip Generation Handbook. 28 2. Perform a limits test, limiting the total pass-by trips associated with a site to ten percent 29 of the adjacent roadway's project traffic capacity. 30 f. Mode split analysis is currently required only along state routes. Typically three to five 31 percent is considered a maximum realistic share of travel for modes other than automobiles. 32 g. Acceptable analysis methods include the most recent Highway Capacity Manual or Synchro. 33 Page 74 h. Signal timing used in capacity or progression analysis shall use the same cycle length as it 1 is currently using at the intersection unless specifically noted otherwise and should not 2 exceed 120 seconds. Signal timing shall provide adequate and reasonable g reen time for 3 pedestrian crossings. 4 i. Peak hour factors less than 0.75 or greater than 0.90 shall not be used unless justified by 5 specific counts at that location. 6 j. The applicant shall forecast estimated traffic volumes and performance operation analysis 7 with the development on all arterial, collector and local roads within the study area, in the 8 year that the proposed development is planned to commence, and in five years. If phased 9 development is proposed, the traffic impact study shall include projec tions for the year that 10 each phase of the development is planned to be complete. 11 12 Sec. 48-612. - Mitigation. 13 (a) Description and analysis of mitigation measures necessary to bring the identified intersections and 14 locations into compliance with applicable standards. Include analysis showing that these measures 15 will bring these locations into compliance and include signal, turn lane, or other warrant analyses as 16 appropriate. 17 (b) Often mitigation measures will be involved in rezoning applications. However, should a project already 18 be zoned commercial or other intense land use, and the traffic impact study deems mitigation 19 measures are necessary, such mitigation measures deemed necessary by the city engineer 20 Transportation Engineer and affirmed by the applicant's data shall be deemed necessary 21 improvements at the cost of the proposed private development. 22 (c) The proposed development for which a traffic impact study is submitted and mitigation measures are 23 deemed necessary by the city engineer Transportation Engineer and affirmed by the applicant's data 24 shall be deemed necessary improvements at the cost of the proposed private development. This would 25 occur regardless of whether or not rezoning occurred in this transaction. 26 (d) Should the proposed development for which a traffic impact study is submitted not be deemed 27 necessary immediately (i.e., be warranted immediately) the installation of such signal, etc., shall not 28 occur until such is warranted. 29 (e) Developments of regional impact (DRI) mitigation installa tions listed in the final letter shall be required 30 of the applicant at no cost to the city prior to the certification of occupancy for any of the related 31 buildings. 32 33 Page 75 Secs. 48-613—48-631. - Reserved. 1 DIVISION 5. - CONSTRUCTION STANDARDS AND DETAILS 2 Sec. 48-632. - Reference sources to be used. 3 (a) The city utilizes GDOT Construction Standards and Details (online current edition), supplemented by 4 the following Milton Fulton County (FC) Construction Details, AASHTO guidelines, and MUTCD 5 guidelines: 6 (1) Where differences between the subdivision ordinance (chapter 50 of this Code) and this chapter 7 exist, the more stringent design standard shall be used. 8 (2) Precast manholes are required in lieu of brick manholes. 9 (3) The English system of measurement is used. 10 (b) Forest Service Standard Details for Construction of Roads and Bridges, current edition. 11 (c) The city recognizes the 2006 International Fire Code, and calls attention to Appendix D, "Fire 12 Apparatus Access Roads," for the purposes of this chapter.Fire Department access roads shall comply 13 with Chapter 22 of the City of Milton Code of Ordinances. 14 Where differences exist among the subdivision ordinance (chapter 50), this chapter, and the fire apparatus 15 code, the city engineer Transportation Engineer and fire marshal shall be responsible for determinations of 16 which is the controlling requirement. 17 18 Sec. 48-633. - Index of city details. 19 The following is a list of city details: 20 100 Series—General FC101 Underground utility cross sections FC102 Conduit location for underground utilities FC103 Allowable trench widths FC104 Reinforced plastic step FC105 Structure adjustment Page 76 106 Dead-end fire apparatus access road turnaround FC107 Roadway crossing bore and case detail 110FC109 Pavement cut repairs Type A, B, and C 111FC110 Concrete encasement 113FC112 Safety platform for deep manholes 200 Series—Landscaping 201A, B Bioswale landscaping detail 210 Tree save sign 211 Tree planting and watering detail 300 Series—Transportation 301A, BFC301- FC302 Typical sections: rural road, access easement, industrial, subdivision streets, side roads, gravel 302 Driveway cut repairs concrete, gravel and asphalt FC303 Cul-de-sac FC307304 Rollback curbCurb and Gutter FC305 Divided entrance details FC306 Miscellaneous details 309 Deceleration details FC310 Left turn lane widening on both sides FC311 Left turn lane widening on one side 312FC313 Mini-roundabout Page 77 FC314 Chicanes FC315 Speed table FC316 Raised intersection FC317 One lane choker FC318 Entrance treatment FC319 Center island 350 Street 351 Gated entrance detail 400 Series—Erosion Reserved. 500 Series—Stormwater FC501 Catch basin: 1 ft. offset singlewing FC502 Catch basin: 1 ft. offset doublewing FC510 Drop inlet tops FC511 Drop inlet dimensions FC512 Drop inlet Weir Type FC516 Energy dissipator alternate FC519 Structural plate pipe arch culvert and structural plate pipe culvert FC520 Pipe culverts FC521 Pipe culvert tables FC522 Pipe culvert table (continued) Page 78 FC523 Perforated underdrain FC524 Pipe guage and glass FC525 Earthfill dam for detention ponds 526 Fence detail for detention ponds (equestrian board with mesh) 527 Fence detail for detention ponds (chainlink) 528 Other control structure with trashrack 1 Secs. 48-634—48-652. - Reserved. 2 ARTICLE VIII. - TRAIL DEVELOPMENT STANDARDS 3 DIVISION 1. - GENERALLY 4 Sec. 48-653. - Definitions. 5 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 6 to them in this section, except where the context clearly indicates a different meaning: 7 Accessory structure means a subordinate structure, customarily incidental to a primary structure or 8 use located on the same lot. 9 Building permit means a permit for a principal structure not including minor repairs or additions to the 10 principal building or structure in existence. Such determination will be made by the director of the community 11 development department. 12 Development means any manmade change to improved or unimproved real estate. 13 Development permit means a permit for the alteration or development of a given tract of land or the 14 commencement of any land disturbing activity. 15 (1) The term "development permit" includes land disturbance permits and minor subdivision plats. 16 (2) The term "development permit" does not include right-of-way encroachment permits. 17 (3) Such determination will be made by the director of the community development department. 18 Page 79 Director of Community Development means the City of Milton Director of the Department of 1 Community Development, or his or her designee. 2 Director of Public Works means the City of Milton Director of the Department of Public Works, or his 3 or her designee. 4 Owner means a person, other than a lienholder or security interest holder, having the property in or 5 title to a parcel of land. 6 (1) The term "owner" includes a person entitled to the use and possession of a parcel of land subject 7 to a security interest in or lien by another person or entity; 8 (2) The term "owner" does not include a lessee under a lease not intended as security except as 9 otherwise specifically provided in this appendix. 10 Principal structure means a structure in which the principal use or purpose on a property occurs, and 11 to which all other structures on the property are subordinate. The term "principal" shall be synonymous with 12 the terms "main" and "primary." 13 Right-of-way means the entire width and length of a public road, street or highway, inc luding the 14 traveled portions, berms, shoulders and medians of a roadway not privately owned. The term "right -of-way" 15 also includes publicly dedicated portions of the Milton Trail as contemplated herein. 16 Roadway means that portion of a right-of-way improved, designed, or ordinarily used for vehicular 17 travel, exclusive of berms, medians, and shoulders. 18 Sidewalk, path, or trail means that portion of a right-of-way between the curblines and the adjacent 19 private property lines, intended for use by pedestrians. 20 Single-family residential building permit means a permit for building a single-family dwelling unit. The 21 dwelling unit including accessory structures is on a separate lot of record. 22 Sec. 48-654. - Background documents on sidewalks, paths, and trails; conflicts. 23 The city has adopted regulations relating to sidewalk, path, and trail requirements in the city. Where 24 differences appear between this article and the documents listed below, this article shall take precedence. 25 (1) Zoning ordinance: chapter 64. 26 (2) Subdivision regulations: chapter 50. 27 (3) Right-of-way ordinance: chapter 48, article VII, and chapter 56. 28 (4) Resolution accepting recommendations of the Milton Trail Plan: adopted on July 12, 2007. 29 30 Secs. 48-655—48-673. - Reserved. 31 Page 80 DIVISION 2. - . REQUIREMENTS 1 2 3 Sec. 48-674. - Milton Trail created. 4 The "Milton Trail" (as described in the City of Milton Trail Plan adopted by the city council on July 12, 5 2007, hereinafter the "Milton Trail Plan") shall be installed provided for as follows: 6 (1) All owners, developers, or occupiers of parcels of land where a development permit or building 7 permit, as defined in section 48-653, is applied for shall be required to provide a public trail 8 consistent with the Milton Trail Plan and this article. 9 (2)(1) All owners, developers, or occupiers of parcels of land where a development permit or 10 building permit, as defined in section 48-653, is applied for shall dedicate the right-of-way and 11 easements necessary to construct the Milton Trail according to the cross sections in section 48 -12 698 and section 48-702(2). 13 (3) All owners, developers, or occupiers of parcels of land where a development permit or building 14 permit, as defined in section 48-653, is applied for shall construct the required Milton Trail 15 according to this article. If a special hardship exists, as determined by the director of community 16 development, the director, in his or her sole discretion, may authorize payment to the city for the 17 costs of such construction in lieu of the required installation of the Milton Trail in an amount 18 determined by the director of public works. 19 (4)(2) In cases where a development permit or building permit, as defined in section 48 -653, is 20 sought on a tract of land proposed for development, the: 21 a. The plans shall indicate all necessary right of way and easements for the proposed construction 22 of the Milton Trail along all required streets per section 48-696 and Figure A.1. The location of 23 the Milton Trail may use alternate routes to connect adjacent destinations in coordination with the 24 Milton Trail Plan and this article. 25 b. The installation and city acceptance of the Milton Trail shall be completed within six months 26 of issuance of the land disturbance permit or prior to a certificate of occupancy being issued 27 for the building or structure on the affected parcel, whichever com es first. The director of 28 public works has the authority to extend this time frame, but for no more than an additional 29 six months. 30 c. The director of public works may require the owner, developer, or occupier of the parcel of 31 land where a permit is applied for, to construct a bridge as a part of the Milton Trail. 32 Page 81 (5)(3) In cases where one single-family residential building permit is sought outside of a 1 subdivision, the construction of the Milton Trail is not required. The necessary right -of-way to 2 construct the trail is required. 3 (6)(4) Where trees exist or other conditions exist, the city may require the Milton Trail to meander 4 into within the right-of-way. Should the trail be proposed to meander out of the proposed right-of-5 way, additional right-of-way is required. The trail may divide at times into two sections to save a 6 tree. 7 (7)(5) In cases where the Milton Trail is required, per Figure A.1 and there is not development 8 permit adjacent to the trail, the city's goal is to provide a trail consistent with: 9 a. The Milton Trail Plan; 10 b. Division 3 of this article; and 11 c. Section 48-702. 12 (6) Where the dedication of rights-of-way and/or easements is required under this section, the 13 owners, developers, or occupiers shall receive impact fee credits as provided pursuant to Sec. 14 48-215. 15 16 Sec. 48-675. - Existing sidewalks, paths, or trails. 17 Where the Milton Trail is required, per section 48 -674, and there is an existing sidewalk, path, or trail 18 along the road or street frontage: 19 (1) An inspection of the sidewalk, path, or trail shall be made by the city. 20 (2) If the inspection shows a deficiency in an existing sidewalk, path, or trail, or that a sidewalk, path, 21 or trail does not exist along the entire frontage of the lot at issue, the owner must construct or repair the 22 sidewalk, path, or trail in accordance with the Milton Trail Plan and this article, including material revisions 23 as required by the city. Reserved 24 25 Sec. 48-676. - Provisions for trail easements. 26 If it is not possible to dedicate the necessary right-of-way for the Milton Trail, as determined by the 27 director of public works, a trail easement on the form provided by the city will be required. The city prefers 28 right-of-way dedication rather than easements. 29 30 Page 82 Secs. 48-677—48-695. - Reserved. 1 2 DIVISION 3. - TRAIL DETAILS 3 Sec. 48-696. - Side of the road location. 4 The side of the road location where the Milton Trail shall be required shall be according Figure A.1. 5 6 Sec. 48-697. - Material type. 7 The required materials for the Milton Trail segments shall be according to Figure A.1. The materials 8 for the Milton Trail include gravel, asphalt, and concrete. 9 (1) Materials shall be organic natural colors as approved by the director of public works in 10 consultation with the city design review board. 11 (2) Concrete may be required to be stamped at intersections and transition segments using the city 12 horse logo and as approved by the director of public works. 13 (3) Asphalt may be required where slopes are too steep for gravel material. 14 (4) Additional gravel reinforcement may be required. 15 (5) Trail to provide a firm and stable surface. 16 17 Sec. 48-698. - Cross section or edge of pavement type. 18 Milton Trail cross sections are based upon edge of pavement type. The cross section required for each 19 segment of the Milton Trail shall be according to Figure A.1 except where approved by the director of public 20 works. The cross section details shall be according to the details in section 48-702 except where approved 21 by the director of public works. The cross section types include: 22 (1) Figure B.1 Rural EOP: gravel. 23 (2) Figure B.2 Rural EOP: asphalt. 24 (3) Figure B.3 Modified Rural EOP: gravel. 25 (4) Figure B.4 Modified Rural EOP: asphalt. 26 (5) Figure B.5 Urban EOP: concrete. 27 (6) Figure B.6 Urban Residential EOP: concrete. 28 Page 83 (7) Figure B.7 Urban Bike EOP: concrete. 1 (8) Figure B.8 Gravel Roads: gravel. 2 (9) Figure B.9 Off Road: gravel. 3 (10) Figure B.10 Off Road: asphalt. 4 5 Sec. 48-699. - Fence standards. 6 (a) Four board equestrian style fences shall be required along the Milton Trail according to Figure A.1. 7 The fence shall be located outside of the right-of-way or trail easement on private property. A fence 8 may be required between the roadway and the trail for safety of the trail users. The fence within the 9 right-of-way shall be outside of the minimum clear zone distance as determined by the public works 10 director. 11 (b) Decorative fence features at intersections may be required if approved by the public works director. 12 13 Sec. 48-700. - Signage standards. 14 Trail signs shall have a rustic appearance of earthy wood-like materials. Trail signs shall feature the 15 city's horse logo and may use a hitching post beside the sign if approved by the public works director. 16 Directional signs may be provided at major trail branch points. Trail signage may be used at the ends of all 17 gravel roads included in the trail network. 18 19 Sec. 48-701. - Gravel roads. 20 Milton's existing gravel roads provide an established network of bicycle, pedestrian, and equestrian 21 trails. The gravel roads that are part of the Milton Trail according to Figure A.1 shall remain gravel surfaces 22 and may include trail signs at each end. 23 24 Sec. 48-702. - Amendments. 25 Appendices A and B may be updated if deemed necessary as determined by the public works director. 26 (1) Appendix A. 27 a. Milton Trail Edge of Pavement (EOP) Type and Material Type Map. 28 b. Figure A.1—Milton Trail Edge of Pavement (EOP) Type and Material Type. 29 Page 84 1 2 3 Page 85 1 2 3 (2) Appendix B. 4 a. Milton Trail cross sections. 5 b. Figure B.1 Rural EOP: asphalt. 6 c. Figure B.2 Rural EOP: gravel. 7 d. Figure B.3 Modified Rural EOP: asphalt. 8 e. Figure B.4 Modified Rural EOP: gravel. 9 f. Figure B.5 Urban EOP: concrete. 10 g. Figure B.6 Urban Residential EOP: concrete. 11 h. Figure B.7 Urban Bike EOP: concrete. 12 i. Figure B.8 Gravel Road: gravel. 13 j. Figure B.9 Off Road: gravel. 14 k. Figure B.10 Off Road: asphalt. 15 l. Figure B.1 Rural EOP: asphalt. 16 17 18 m. Figure B.2 Rural EOP: gravel. 19 Page 86 1 n. Figure B.3 Modified Rural EOP: asphalt. 2 3 o. Figure B.4 Modified Rural EOP: gravel. 4 5 p. Figure B.5 Urban EOP: concrete. 6 Page 87 1 q. Figure B.6 Urban Residential EOP: concrete. 2 3 r. Figure B.7 Urban Bike EOP: concrete. 4 5 s. Figure B.8 Gravel Road: gravel. 6 Page 88 1 t. Figure B.9 Off Road: gravel. 2 3 u. Figure B.10 Off Road: asphalt. 4 Page 89 1 Secs. 48-703—48-742. - Reserved. 2 ARTICLE IX. - PUBLIC ASSEMBLIES 3 DIVISION 1. - GENERALLY 4 Sec. 48-743. - Definitions. 5 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 6 to them in section, except where the context clearly indicates a different meaning: 7 Event means any march, meeting, demonstration, picket line, procession, motorcade, rally, or 8 gathering for a common purpose, consisting of persons, animals, or vehicles or a combination thereof upon 9 or in the streets, parks, or other public grounds within the city that interferes with or has a tendency to 10 interfere with the normal flow or regulation of pedestrian or vehicular traffic or that endangers or has the 11 possibility of endangering the public's health, safety, or welfare. 12 Organization or group of private persons means a group of three or more persons, or their 13 representatives, acting as a unit. 14 Private purpose means any purpose not commanded or directed by law, statute, ordinance, or 15 regulation to be performed. 16 17 Sec. 48-744. - Civil remedies. 18 Any person issued a permit under this article shall be responsible and liable for any damages caused 19 by the event to public or private property and for injury caused to persons by the event. 20 Page 90 1 Secs. 48-745—48-763. - Reserved. 2 DIVISION 2. - PERMITS 3 Sec. 48-764. - Required. 4 Every person wishing to use public property or public roads in the city for an event is required to obtain 5 a permit from the city for the privilege of engaging in the event within the city, unless such permit is 6 prohibited under state law or the event is otherwise protected from this requirement by federal or state law. 7 8 Sec. 48-765. - Exceptions. 9 This article shall specifically not apply to funeral processions, neighborhood parades, provided 10 activities remain solely within the boundaries of such neighborhood, sporting events, school students going 11 to or from classes or participating in properly supervised and sponsored activities, governmental entities 12 acting within the scope of their functions, and other activities as provided for by law or regulation. 13 14 Sec. 48-766. - Application. 15 Every person required to procure a permit under the provisions of this article shall submit an application 16 for the permit to the city manager, which application shall conform to the requirements of this art icle in 17 addition to the following: 18 (1) Reasonable time defined; emergency. Unless otherwise provided herein, each application shall 19 be a written statement upon forms provided by the city and submitted to the city manager within 20 a reasonable time prior to the planned event for security purposes, verifications, and 21 arrangements. The term "reasonable time" means a time of at least 30 days but no more than 60 22 days prior to the planned event. The city manager shall act upon the application within ten days 23 of the receipt of a completed application. Should no action be taken by the city manager or his or 24 her designee within the ten-day period, the application shall be deemed to be granted. A person 25 may make an emergency application to the mayor's office if an unforeseen circumstance arises 26 requiring a response within less than ten days. The city manager shall have discretion to 27 determine if an emergency exists and, subject to the ordinance, grant or deny such permit. 28 (2) Contents. Each application shall set forth the following information: 29 Page 91 a. Name, address, and telephone number of the person, if the applicant is an individual, or the 1 name, address, and telephone number of an applicant corporation, partnership, 2 organization, or group; 3 b. Date, time, and location where the proposed event is to take place, including proposed 4 routes of travel on public streets to be used for the event; 5 c. Description of activity involved with the event; 6 d. An approximate number of persons, animals, and vehicles which will be involved with the 7 event; 8 e. Names, home address, and telephone numbers of individuals involved with the applicant, if 9 not an individual, who have oversight responsibility for the organization and conduct of the 10 event on behalf of applicant; 11 f. A description of any recording equipment, sound amplification equipment, signs, or other 12 attention-getting devices proposed to be used during the event; 13 g. A site plan showing the locations of all parking, assembly areas, barricades, toilets, trash 14 receptacles, trailer storage facilities, signage, equipment staging areas, food service areas, 15 gaming areas and other facilities planned for the event; 16 h. Plans for disposal of trash and clean up of event area; first aid provisions; vehicle and trailer 17 storage provisions; and toilet facilities available to event participants; and 18 i. Any additional information which the city manager may find reasonably necessary to the fair 19 administration of this chapter which may include a complete record of all arrests and 20 convictions against the applicant and every partner, officer or director of the applicant for 21 violations of any and all laws and ordinances of the city, county, state, or federal government, 22 other than minor traffic violations. 23 (3) Signed and sworn to. The application shall be signed and sworn to by the applicant, if an 24 individual, or by a partner, if a partnership, or by an officer, if a corporation. 25 (4) Records. All information furnished or secured under the authority of this article shall be kept and 26 maintained by the city and shall be utilized only by the officials of the city responsible for 27 administering these provisions. 28 (5) Revocation; denial. Any false statement in an application for a permit may be grounds for 29 revocation or denial of the permit application. 30 31 Secs. 48-767—48-785. - Reserved. 32 Page 92 1 DIVISION 3. - ADMINISTRATION 2 Sec. 48-786. - City manager duties. 3 The city manager shall have the following duties: 4 (1) To prepare and provide the necessary forms for the application of a permit and fo r the submission 5 of any required information needed to review an application, administer, and enforce this article. 6 (2) To review an application submitted for completeness and to collect a permit licensing fee in an 7 amount that shall be equal to the administrative costs of processing the application plus the costs 8 for the use of city services or property, unless the activity is conducted for the sole purpose of 9 public issue speech protected under the First Amendment for which no costs shall be assessed 10 for city services and property. 11 (3) To designate or coordinate sites and set time schedules; to coordinate with city authorities; and, 12 where appropriate, to receive the approval of the state department of transportation or other 13 necessary public officials. 14 (4) To issue a permit within ten days of receipt of an acceptable and complete application. 15 (5) To deny a permit within ten days of receipt of an application if the application is not complete or 16 if any of the circumstances described in section 48-787 hereafter are found to be existing. 17 18 Sec. 48-787. - Application review procedure. 19 (a) Upon receipt of a complete application for a permit, the city manager shall have it reviewed by the city 20 departments, the services of which may be impacted by the event. 21 (b) Upon receiving reports from the city departments, the city manager shall consider the impact of the 22 event as to whether it will unreasonably disrupt and obstruct the necessary flow of pedestrian or 23 vehicular traffic or endanger the public's health, safety or welfare. 24 (c) As part of the city manager's review, conditions may be made for alternate routes and locations of the 25 event to ameliorate issues of traffic flow and public safety, which conditions shall be attach to the 26 permit, if issued. 27 (d) The city manager shall also review an applicant's plans for: 28 (1) Trash clean up and disposal; 29 (2) First aid; 30 Page 93 (3) Vehicle and trailer storage; and 1 (4) Toilet facilities available to participants. 2 Should the city manager determine an applicant's plans presented for theses services to be inadequate, 3 the application may be denied. 4 (e) Upon completion of the review of the application, the city manager shall issue a permit for the event, 5 including its proposed routes of travel, if the city manager finds the event can occur without 6 unreasonably impacting upon the use of the public streets, public property, and resources of the city 7 and without endangering the public's health, safety, and welfare. 8 (f) Any person whose application under this article is denied by the city manager may appeal such denial 9 within three business days after the denial to the mayor and city council, which shall consider such 10 appeal at the next regularly scheduled meeting following the filing of the appeal. 11 (g) The mayor and council in considering the appeal shall determine if good cause exists for denial of the 12 permit and after hearing and receiving all evidence, shall either uphold the decision of the city manager 13 or reverse the decision and grant a permit. In reversing, the mayor and council may attach any 14 requirements deemed necessary to the permit, as conditions to its issuance for protection of the public 15 health and safety. 16 17 Secs. 48-788—48-806. - Reserved. 18 19 ARTICLE X. - URBAN CAMPING 20 DIVISION 1. - GENERALLY 21 Sec. 48-807. - Definitions. 22 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 23 to them in this section, except where the context clearly indicates a different meaning: 24 Camp means: 25 (1) Residing in or using a public street, sidewalk, or park for private primary living accommodations, 26 such as erecting tents or other temporary structures or objects providing shelter; 27 (2) Sleeping in a single place for any substantial prolonged period of time; 28 (3) Regularly cooking or preparing meals; or 29 Page 94 (4) Other similar activities. 1 Public park includes all: 2 (1) Municipal parks; and 3 (2) Public playgrounds, public plazas, attractions, and monuments. 4 Public street includes all public: 5 (1) Streets and highways; 6 (2) Sidewalks; 7 (3) Benches; 8 (4) Parking lots; and 9 (5) Medians. 10 Storing personal property. 11 (1) The term "storing personal property" means leaving one's personal effects such as, but not limited 12 to, clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, or backpacks, unattended 13 for any substantial prolonged length of time. 14 (2) The term "storing personal property" does not include parking a bicycle or other mode of 15 transportation. 16 17 Sec. 48-808. - Notice required; failure to comply. 18 No person may be arrested for violating this article until he or she has received an oral or written 19 warning to cease the unlawful conduct. If the violator fails to comply with the warning issued, he or she is 20 subject to arrest for urban camping. 21 22 Sec. 48-809. - Exceptions. 23 This article shall not be construed to prohibit the following behavior: 24 (1) Persons sitting or lying down as a result of a medical emergency; 25 (2) Persons in wheelchairs sitting on sidewalks; 26 (3) Persons sitting down while attending parades; 27 (4) Persons sitting down while patronizing sidewalk cafes; 28 Page 95 (5) Persons lying down or napping while attending performances, festivals, concerts, fireworks, or 1 other special events; 2 (6) Persons sitting on chairs or benches supplied by a public agency or abutting private property 3 owner; 4 (7) Persons sitting on seats in bus zones occupied by people waiting fo r the bus; 5 (8) Persons sitting or lying down while waiting in an orderly line outside a box office to purchase 6 tickets to any sporting event, concert, performance, or other special event; 7 (9) Persons sitting or lying down while waiting in an orderly line awaiting entry to any building, 8 including shelters, or awaiting social services, such as provision of meals; or 9 (10) Children sleeping while being carried by an accompanying person or while sitting or lying in a 10 stroller or baby carriage. 11 12 Secs. 48-810—48-828. - Reserved. 13 14 DIVISION 2. - PROHIBITED ACTS 15 Sec. 48-829. - Camping or storing personal property in public park. 16 It shall be unlawful to camp or to store personal property in any park owned by the city. 17 18 Sec. 48-830. - Camping, sleeping, storing personal property or sitting/lying on public street. 19 It shall be unlawful to camp, to sleep, to store personal property, to sit or to lie down on any public 20 street, as defined in section 48-807. 21 22 Sec. 48-831. - Camping, sleeping, storing personal property or sitting/lying on any other public 23 property when blocking ingress and egress from buildings. 24 It shall be unlawful to perform the following acts on public property in such a manner as to interfere 25 with the ingress or egress from buildings: 26 (1) Camp; 27 (2) Sleep; 28 Page 96 (3) Store personal property; or 1 (4) Sit or lie down. 2 3 STATE OF GEORGIA ORDINANCE NUMBER ____________ COUNTY OF FULTON AN ORDINANCE OF THE CITY OF MILTON, GEORGIA TO AMEND CHAPTER 48 OF THE CODE OF THE CITY OF MILTON, GEORGIA - STREETS, SIDEWALKS AND OTHER PUBLIC PLACES; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER LAWFUL PURPOSES. WHEREAS, pursuant to its Charter and other laws of the State of Georgia, the City of Milton, Georgia has the power to adopt clearly reasonable ordinances, resolutions and regulations with respect to streets, sidewalks and other public places within the City of Milton for the protection and preservation of the public health, safety and welfare of its citizens; and WHEREAS, Chapter 48 of the City of Milton Code of Ordinances regulates streets, sidewalks and other public places within the City of Milton; and WHEREAS, the Mayor and Council have therefore determined that it is in the best interest of the City’s residents to amend Chapter 48 to modify the regulations, policies and methods for acceptance, abandonment and privatization of roads, sidewalks, and right-of-way in the City of Milton. NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS, while in a Regular called Council meeting on the ____ day of ____________, 2016 at 6 p.m. as follows: SECTION 1. That Chapter 48 of the City of Milton Code of Ordinances shall be stricken it its entirety and replaced with the Ordinance attached hereto as if fully set forth herein. SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective upon a majority vote by the City Council as ratified by the Mayor of the City of Milton, Georgia.. SO ORDAINED this the _____ day of __________, 2016, the public’s health, safety, and welfare demanding it. Approved: ______________________________ Attest: Joe Lockwood, Mayor __________________________ Sudie Gordon, City Clerk (Seal) I HOME OF' HE BEST QUALITY OF LIFE GEORGIA' M T I LTOIN N*t ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25,2016 FROM: Steven Krokoff, Interim City Manager 1p,/J AGENDA ITEM: Consideration of an Amendment to the Charter of the City of Milton, Georgia for the Purpose of Clarifying the Income Limitations Applicable to the Homestead Tax Exemptions Available to Seniors Age 65 and Over and Disabled Persons with Moderate to Low Incomes. MEETING DATE: Monday, June 6, 2016 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: (,61ES (I NO CITY ATTORNEY REVIEW REQUIRED: (, VYES () NO APPROVAL BY CITY ATTORNEY: (.APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 0(.104120)u REMARKS: In 7 YOM- �,... -_ - r i a PHONE: 678.242.25001 FAX: 678.242.2499 42 G're`en • �� infa®cityofmillonga.us I w .cltyafmilfonga.us w� our Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 - - ` _ ar 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION/ORDINANCE NO. ______ A RESOLUTION AND ORDINANCE AMENDING THE CHARTER FOR THE CITY OF MILTON, GEORGIA WHEREAS, Article IX, Section II, Paragraph II of the Constitution of the State of Georgia, entitled Home Rule for Municipalities, allows the General Assembly of the State of Georgia to provide by law for the self-government of municipalities, which the General Assembly has done with The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1, et seq.; and WHEREAS, O.C.G.A. § 36-35-3 provides that the governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions and regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto; and WHEREAS, O.C.G.A. § 36-35-3 provides that a municipal corporation may, as an incident of its home rule power, amend its charter, except where prohibited pursuant to O.C.G.A. § 36-35-6; and WHEREAS, the Council desires to amend the Charter of the City of Milton so as to update the Act to clarify certain provisions establishing income limitations applicable to the homestead tax exemptions for seniors age 65 and over and disabled persons with moderate to low incomes and to repeal conflicting laws; and WHEREAS, the modifications provided for in this Resolution and Ordinance may be lawfully completed by home rule; and WHEREAS, O.C.G.A. § 36-35-3 provides that, in order to amend its charter, a municipal corporation must duly adopt ordinances at two regular consecutive meetings of the municipal governing authority, not less than seven (7) nor more than sixty (60) days apart; WHEREAS, pursuant to O.C.G.A. § 36-35-3, a notice, containing a synopsis of the proposed amendment and stating that a copy of the proposed amendment is on file in the office of the clerk or the recording officer of the municipal governing authority and in the Office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public, shall be published in the official organ of the county of the legal situs of the municipal corporation or in a newspaper of general circulation in the municipal corporation once a week for three weeks within a period of 60 days immediately preceding its final adoption; and WHEREAS, those requirements applicable to amendments to the charter of a municipal corporation by a resolution or ordinance duly adopted by the municipality’s governing authority as set forth in O.C.G.A. § 36-35-3 have been met and satisfied, and, specifically, notice of the consideration of this Resolution and Ordinance has been advertised and this Resolution and Ordinance has been duly adopted by the governing authority at two regularly consecutive meetings in compliance with O.C.G.A. § 36-35-3; and 2 WHEREAS, in this Resolution and Ordinance, text that is underlined/bolded shall represent additions to the Charter; text that is stricken-through shall represent deletions from the Charter; and WHEREAS, a majority of the Council deems it to be in the best interests of the citizens of the City of Milton that the Act be further amended. NOW THEREFORE, the Council of the City of Milton hereby ordains and resolves that the Charter of the City of Milton shall be amended as follows: Section 6.35. Section 6.35 - Homestead exemption for citizens age 65 [years] or over meeting certain income requirements is amended by striking it in its entirety and replacing it with a new Section 6.35 to read as follows: (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended. (3) "Income" means adjusted gross income as such term is defined in the Internal Revenue Code of 1986, as such code is defined in O.C.G.A. § 48-1-2, except that for purposes of this section, the term "income" shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Milton who is a senior citizen is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes in the amount of $10,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual’s spouse under the federal Social Security Act for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such 3 exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5- 50.1, as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. Section 6.36. Section 6.36 - Homestead exemption for citizens age 70 [years] or over and disabled persons meeting certain income requirements is amended by striking it in its entirety and replacing it with a new Section 6.36 to read as follows: (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Milton including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in O.C.G.A. § 48-5-40, as amended. (3) "Income" means adjusted gross income determined pursuant to the Internal Revenue Code of 1986, as amended, for federal income tax purposes, except that for the purposes of this section, the term "income" shall include only that portion of income or benefits received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system which exceeds the maximum amount which may be received by an individual and an individual's spouse under the federal Social Security Act. (4) "Senior citizen" means a person who is 70 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. 4 (b) Each resident of the City of Milton who is a senior citizen or who is disabled is granted an exemption on that person's homestead from City of Milton ad valorem taxes for municipal purposes for the full value of that homestead. The exemp tion granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at such homestead does not exceed the maximum amount which may be received by an individual and an individual’s spouse under the federal Social Security Act for the immediately preceding year. (c) [Disability certificate; application.] (1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or persons agent files an application with the governing authority of the City of Milton, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Milton, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Milton, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in O.C.G.A. § 48-5- 50.1, as amended. The exemption shall be automatically renewed from year-to-year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Milton, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2007. SEVERABILITY 5 If any portion of this Resolution and Ordinance or the application thereof shall be held invalid or unconstitutional, the other provisions of this Resolution and Ordinance shall not be affected, and thus, the provisions of this Resolution and Ordinance are declared severable. REPEALER Any other Ordinance, Resolution, or local law, or portion thereof, now in effect, that is in conflict with any of the provisions of this Resolution and Ordinance is hereby repealed. EFFECTIVE DATE This Resolution and Ordinance shall become effective when all required documents have been filed with the Secretary of State and in the Office of the Clerk of Superior Court of Fulton County as required by O.C.G.A. § 36-35-5. ADOPTION AT TWO CONSECUTIVE MEETINGS This Resolution and Ordinance was adopted at two (2) regular consecutive meetings of the Council of the City of Milton held on the 16th day of May, 2016 and the 6th day of June, 2016, as required by O.C.G.A. § 36-35-3. BE IT SO RESOLVED AND ORDAINED, the public’s health, safety, and welfare demanding it, this ___ day of ____________________, 2016, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) 4 HOME OF'T Q MTHE BESL��.., O N I ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 31, 2016 FROM: Steven Krokoff, Interim City Manage AGENDA ITEM: Consideration to Adopt Criteria for Greenspace Bond. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (4,4P PROVED (/ NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (/ YES (,NGO CITY ATTORNEY REVIEW REQUIRED: (/ YES (1-11<0 APPROVAL BY CITY ATTORNEY: () APPROVED (/ NOT APPROVED PLACED ON AGENDA FOR: C etbt l 2v(. REMARKS: © V Yaum PHONE: 678.242.25001 FAX: 678.242.2499 'Gr@211 InfoOcifyolmiltonpa.us www.ellyofmllfonpa.ua w Community,'; % 13000 Deerfield Parkway. Suite 107 1 Milton GA 30004 —-_•^*^.o..o.:. o To: Honorable Mayor and City Council Members From: Kathleen Johnson, Conservation Project Manager Date: Submitted on May 27, 2016 for the June 6, 2016 Council Regular Council Meeting. (Work Session May 9, 2016) Agenda Item: Consideration to Adopt Criteria for Greenspace Bond ______________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In February of this year the City Council decided to explore the possibility of whether to pursue a bond to provide the funds for preserving greenspace in the city. As part of that process, the Council asked the Planning Commission to come up with a list of Criteria to identify which types of land areas within the city should be acquired in order to preserve greenspace for its citizens’ use. The Council noted that the Criteria would be used to help guide future land acquisition decisions relating to the bond proceeds land but that the Criteria should not identify any specific parcels of land or addresses. PLANNING COMMISSION’S PROCESS: The Council asked that the Planning Commission to heavily involve the public in the Criteria determination by eliciting public comment and input regarding the citizens’ greenspace needs and desires. To that end, the Commission and city staff have solicited public input in a variety of ways including: 1. A series of four Planning Commission meetings and work sessions on March 10th, March 23rd, April 14th and April 27th. 2. A greenspace survey sent out on Feb 9th to 4,000 residents via email from which we received a total of 324 responses back. Page 2 of 5 3. A greenspace link on the city website that allowed residents to directly contact staff with their input. This link was available from the date the survey ended in March and is still open for public comment at this time. 4. Signs, posters and flyers were put up throughout the community to inform and solicit public input. 5. Staff attended several community events such as the CPAC meeting, Bulky Trash Day, Earth Day Fest, Easter Egg Hunt and other community meetings to gather public input on greenspace. PLANNING COMMISSION RESULTS: The public input data from these sources, including the online survey, has been compiled and set out in the attached document entitled “Public Input Regarding Greenspace.” This data, along with Planning Commission input, discussion and direction resulted in a grouping of recommended Criteria Categories which describe the types of areas to be preserved or acquired. In addition, the Commission set out a list of Factors to be considered in every land acquisition decision across all applicable Criteria Categories. Lastly, the Commission provided a few recommended Tools for Land Acquisition pursuant to greenspace bond proceeds. The following Factors, Criteria and Tools were voted on and passed unanimously by the Planning Commission at their April 27, 2016 meeting. FACTORS TO BE CONSIDERED IN LAND ACQUISITIONS:  Land shall be acquired from willing landowners and no bond funds shall be used to acquire land through the exercise of eminent domain by the city.  The preservation of trees should be strongly considered in each land acquisition decision based on any or all criteria. Clear cutting of trees shall be prohibited unless required to meet the needs of the approved project.  Acquisition of land that is contiguous or adjacent to existing, protected green space parcels is encouraged.  Land acquired shall be mainly buildable land, unless a non -buildable portion of a tract is a small part of the whole tract or if land is for trails. Page 3 of 5  Land parcels that meet two or more of the three Criteria Categories may receive priority in land acquisition decisions. CRITERIA CATEGORIES: After hearing public input from a variety of sources and discussing this input at several meetings, the Planning Commission decided on a list Criteria to identify types of land areas within the city that should be acquired in order to preserve greenspace. These Criteria were then grouped into the following categories of related characteristics. 1. Greenspace/Open Space Preserve general areas of green or open space including pastures, horse farms, wooded areas, larger tracts of undeveloped land, and open space between new or existing subdivisions. This category also specifically includes:  Protecting natural resources from development especially wooded and tree areas with special concentration on preserving as many trees as possible.  Protecting wildlife habitat and corridors from development by preserving areas in their natural state that are home to wildlife, including identifying and preserving wildlife corridors.  Protecting water and watersheds from development by protecting areas with water, rivers, ponds, lakes, creeks, streams, stream buffer areas and watersheds. 2. Rural Views/Rural Character  Protecting or conserving the rural views along roadways.  Protecting or conserving the rural feel, look, setting and character of Milton.  Protecting Historic resources.  Protecting agricultural uses of land including farms, horse farms, etc. 3. Trails and Parks  Establishing new trails and connecting existing trails based on the Milton Trail Plan.  Trails for walking, biking and horse riding, either through separate or combined use trails depending on location, need and the Trail Plan.  Trails that connect parks, schools and commercial centers, including connections to greenways.  Parks – includes passive, and/or mostly unimproved or “natural state” parkland with the possibility of creating trails and minimal improvements to provide public access. These types of parks could include pocket parks or larger tract parks. Page 4 of 5 The Planning Commission did consider trying to prioritize or weight each criteria or category but concluded that doing so would be too difficult or abstract at this point in time given that such a prioritization was not clearly evident from the totality of the public input it received. This conclusion does not in any way mean to preclude the City Council or even a later formed land acquisition committee from determining weights and priorities for the Criteria. TOOLS FOR LAND ACQUISITION: The following Tools for land acquisition may be used separately or in conjunction with each other and focus mainly on the use of greenspace bond funds. The list of Tools contain suggestions gleaned from the Commissioners, staff and public input but is admittedly not exhaustive but instead a starting point in the discussion of different ways to acquire land. The Commission did not discuss alternative sources of funding for land acquisition other than the bond proceeds, but staff has added suggestions for the city to explore regarding other sources of funds.  Fee simple purchase  Conservation easements  Transfer of Developments Rights  Purchase of Development Rights  Purchase of land by the City and leaseback options to operators of farms, including horse farms.  Donation of land or conservation easements from land owners  Staff recommended Tools or sources of additional funding: o Grants from federal, state, county and private sources that could be paired with city bond funds. Examples include the federal ACEP program in addition to various state programs. o Work with local and national Land Trusts and Conservation Funds to explore partnerships to acquire conservation and/or park land. o Explore possible corporate or private donations or sponsorships to acquire park and trail lands or improvements with possibility of naming or signage rights. (example: Wills Park playground in Alpharetta). Funding and Fiscal Impact: None for Criteria Alternatives: None Concurrent Review: Peyton Jamison, Chairman, Planning Commission, Kathleen Field, Community Development Director Page 5 of 5 Attachment(s): Revised Greenspace Bond Timeline To: Honorable Mayor and City Council Members From: Kathleen Johnson, Conservation Project Manager Date: Submitted on May 27, 2016 for the June 6, 2016 Council Regular Council Meeting. (Work Session May 9, 2016) Agenda Item: Attachment for: Consideration to Adopt Criteria for Greenspace Bond ______________________________________________________________________________ Greenspace Bond Referendum TIMELINE: June: 6th City Council Meeting – Report by Trust For Public Land (TPL) on public opinion poll results and bond recommendations; Public Comment and Council VOTE on Criteria. 7th-10th  Staff and Communications staff prepare Fact Sheet for public dissemination re: Bond Criteria. 20th City Council Meeting – Council considers adoption of Resolution requesting the Call of the Election During month:  Staff prepares Bond Fact Sheets for public dissemination regarding bond details.  Staff works on finalizing Council’s Criteria list, meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond.  Staff attends community events to disseminate information on Bond details after Criteria finalized.  Staff, TPL, Bond counsel work on ballot language for bond. Page 2 of 5 July: *(see color coded Critical Deadlines calendar) 11th City Council Meeting – Last date for Council to adopt Resolution requesting the Call of Election (if Council did not already do so at June 20 meeting). 14th Fulton County Board of Registration and Elections adopts resolution Calling the Election. Week of 31st: Submit Call of Election to local newspaper (suggested date) During month:  Staff prepares Bond Fact Sheets for public dissemination regarding bond details.  Staff attends community events to disseminate information on Bond details.  Staff meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond.  Staff, TPL, Bond counsel work on ballot language for bond. August: Week of 1st  Call of Election published (suggested date) o (Call of Election must be published 90 days before election date)  Submit Call of Election to Milton Herald 10th  Last day for Call of Election/Notice of Call published (must be published 90 days before election date) Week of 14th  Submit form of ballot question to Fulton County (Kennesaw State University) for Election systems for ballot building. (suggested date) During month:  Staff prepares Bond Fact Sheets for public dissemination regarding bond details. Page 3 of 5  Staff attends community events to disseminate information on Bond details.  Staff meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond.  Staff, TPL, Bond counsel revise and finalize ballot language for bond. September: 9th Last date to send ballot language to ballot builder (60 days prior to election) Week of 18th Submit Notice of Election to Milton Herald for publication. During month:  Staff prepares Bond Fact Sheets for public dissemination regarding bond details.  Staff attends community events to disseminate information on Bond details.  Staff meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond.  If needed -staff, TPL, Bond counsel work on and revise ballot language for bond. October: Oct 2nd – Nov. 5th Notice of Election must be published for 5 consecutive weeks Week of 2nd: Notice of Election Published in newspaper Week of 9th: Notice of Election Published in newspaper 11th Deadline to register to vote Week of 16th: Page 4 of 5 Notice of Election Published in newspaper Week of 23rd: Notice of Election Published in newspaper Week of 30th: Notice of Election Published in newspaper During month:  Staff prepares Bond Fact Sheets for public dissemination regarding bond details.  Staff attends community events to disseminate information on Bond details.  Staff meets and coordinates with Bond counsel, city attorney, Stacy, financial advisor*, other city staff regarding bond. November: 8th Election Day Week of 14th  Fulton County Board of Registration and Elections meets to consolidate returns/declare results of Election (special called meeting) 21st:  City Council Meeting - City Council to adopt Resolution declaring results of Election (special called meeting) OR at December 5th regular Council meeting. 21st-30th: Council to form Land Acquisition Committee to assist with determining which properties to acquire, purchase conservation easements, TDRs, etc., using Criteria adopted in June. (*If bond passes) During month:  If Bond passes, Council to consider possible citizens to be on Land Acquisition Committee.  Staff to assist Council, if needed, with procedural steps to set up Land Acquisition Committee.  Staff prepares Fact Sheets for public dissemination regarding Bond results and process for land and easement acquisition. Page 5 of 5  Financial advisor* to work on final details of closing the loan for the bond December: 5th City Council Meeting -City Council to adopt Resolution declaring results of Election (if not already done at November 21st meeting.) During month:  If Bond passes, Council to finalize decision on members of Land Acquisition Committee.  Staff to assist Council, if needed, with procedural steps to set up Land Acquisition Committee.  Staff to support and assist Land Acquisition Committee.  Staff prepares Fact Sheets for public dissemination regarding process for land and easement acquisition.  Financial advisor* to work on final details of finalizing the loan for the bond *exact dates for bond loan details are forthcoming as financial advisor starts work on bond rates and amounts. 0 HOME OF'THE BEST QUALITY Of LIFE M GEORGIA' 't MILTONESABLISHED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 2, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of a Transportation Special Purpose Local Option Sales Tax (TSPLOST) Project List. MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,,rAPPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES („,'NO CITY ATTORNEY REVIEW REQUIRED: (J YES (.)'NO APPROVAL BY CITY ATTORNEY: () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: 6L1441Lo16' REMARKS: © y youlin PHONE: 678.242.25001 FAX: 678.242.2499 Infoftityofmilfonga.us l w .cffyofmiHonga.us w Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 " To: Honorable Mayor and City Council Members From: Carter Lucas, PE – Public Works Director Date: Submitted on June 1st, 2016 for the June 6th, 2016 Regular Council Meeting Agenda Item: Consideration of a Transportation Special Purpose Local Option Sales Tax (TSPLOST) Project List ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: In 2015 the Georgia General Assembly passed legislation which provided the opportunity for the citizens to consider a Transportation Special Purpose Local Option Sales Tax (TSPLOST) for the specific purpose of providing for transportation improvements on the November 2016 ballot. To fund the TSPLOST the law allows for consideration of an additional sales tax of up to 0.75% for those areas outside the City of Atlanta for a period not to exceed 5 years. It is anticipated the sales tax would generate $56 8 million over the five year period and those proceeds would be distributed to the local jurisdictions based on population. At this time the City of Milton’s population represents 6.42% of the county population, excluding the City of Atlanta, and would receive an estimated $36.5 million dollars over the five year period. The proposed project list is divided into three tiers to account for variability in the tax collections and market conditions at the time projects are let for construction. Tier I projects represent 85% of the anticipated collections, Tier II projects represent 85%-100% of anticipated collections and Tier III projects represent over 100% of anticipated collections to account for either additional collections, Tier I and II projects coming in under budget or funding acquired from other sources to supplement the TSPLOST funds. The project list was created from priority projects identified in the approved 2009 Comprehensive Transportation Plan (CTP), public input received throughout the current CTP update process and coordination with other adjacent jurisdictions. The city also participated in a planning process led by the transportation planning firms of Kimley-Horn and Atkins to coordinate projects between the North Fulton cities, GDOT and adjacent counties. If approved, Milton’s project list would be included with those from all other jurisdictions within the county to form one master project list which would be the basis of an Intergovernmental Agreement (IGA) between the county and the qualified jurisdictions. The IGA is to be executed on or about June 30, 2016 and if the population of those jurisdictions and unincorporated Fulton County represent at least 60% of the population of the county, not including the City of Atlanta, a referendum will be considered by Fulton County. If approved by the Board of Commissioners the referendum would then be forwarded to the Election Superintendent for placement on the November 2016 ballot. Funding and Fiscal Impact: Projected income of $36.5 million dollars over 5 years. Alternatives: N/A Legal Review: N/A Concurrent Review: Steve Krokoff – Interim City Manager Attachment(s): Proposed Project List MIL-031 Morris Rd Widening $ 5,440,000 MIL-038 Windward Parkway $ 500,000 MIL-001 Hopewell Rd at Bethany Bend/Way Intersection Improvements $ 3,080,000 MIL-004 Freemanville Rd at Birmingham Rd Intersection Improvements $ 1,990,000 MIL-005 Charlotte Rd at Mayfield Rd Intersection Improvements $ 3,600,000 MIL-006 Hopewell Rd at Thompson Rd/South Thompson Rd Intersection Improvements $ 3,800,000 MIL-008 Hopewell Rd at Hamby Rd Intersection Improvements $ 3,420,000 MIL-009 SR 140/Arnold Mill Rd at Green Rd Intersection Improvements $ 1,010,000 MIL-012 Birmingham Rd Bridge Middle $ 1,610,000 MIL-030 NE Crabapple Connector Rd $ 3,600,000 MIL-034 Pedestrian Improvements $ 3,230,000 $ 31,280,000 $ 156,400 $ 31,436,400 MIL-002 Bethany Rd at Providence Rd Intersection Improvements $ 2,200,000 MIL-010 Freemanville Rd at Redd Rd Intersection Improvements $ 920,000 MIL-037 Pedestrian Improvements $ 2,100,000 $ 5,220,000 $ 26,100 $ 5,246,100 MIL-039 Road Paving and Reconstruction $ 5,000,000 MIL-040 Quick Response Projects $ 1,000,000 MIL-041 Bridge Repair and Replacement $ 5,000,000 MIL-042 Pedestrian Improvements $ 3,600,000 MIL-043 Intersection and Corridor Improvements $ 3,000,000 $ 17,600,000 $ 88,000 $ 17,688,000 Total Project Costs $ 54,370,500 June 6, 2016 Tier I Projects Tier II Projects City of Milton Proposed TSPLOST Project List Fulton County (0.5%) Adminstrative/Audit/Citizen Group Fees Total Tier III Projects Subtotal Tier I Project Costs Fulton County (0.5%) Adminstrative/Audit/Citizen Group Fees Total Tier I Project Costs Tier III Projects Subtotal Tier II Projects Fulton County (0.5%) Adminstrative/Audit/Citizen Group Fees Total Tier II Projects Subtotal Tier III Projects dt HOME OF'THE BEST QUALITY OF LIFEGEORGA MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: May 25, 2016 FROM: Steven Krokoff, Interim City Manager AGENDA ITEM: Consideration of Subdivision Plats: NAME OF DEVELOPMENT ACTION COMMENTS TOTAL ACRES DENSITY (1) Manorview IL LL 182, 183, 250, 251 Final Plat Revision, add 42.82 .77 lots/acre wafer easement (2) Manorview III, LL 182,183, 184 Final Plat Revision. add 31.98 .81 lots/acre wafer easement (3) Smith & Kennedy Construction, LL Minor Create 2 Lots 2.036 .982lots/acre 379 Subdivision Plat (4) Parkview, LL 1169 Final Plat Create 13 Lots 2.835 4.5861o1s/acre (5) Blue Valley III B, LL 196, 236, 237 Final Create 38 lots 55.3 .69 lots /acre Subdivision Plat (6) Three B Farms, LL 388 Minor Create 3lots 8.863 .338 lots/acre Subdivision Plat MEETING DATE: Monday, June 6, 2016 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum TOM PHONE: 678.242.25001 FAX: 678.242.2499 'Gm ; Comuniy�,�' Inlo0cityolmiltongaos I v .cftyofmf tongaxs , 13000 Deerfield Parkway, Suite 107 I Milton GA 30004 - a� APPROVAL BY CITY MANAGER: (/PPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY: () APPROVED PLACED ON AGENDA FOR: cx jWj ZdG REMARKS: (� NOT APPROVED VNO (y1Q0 (J NOT APPROVED To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on May 16, 2016 for the June 6, 2016 Regular Council Meeting Agenda Item: Consideration of Subdivision Plat Revision Approval ____________________________________________________________________________ Department Recommendation: To approve the subdivision related plats and revisions as stated below. Executive Summary: The Milton Subdivision Regulations require that the Mayor and City Council approve all Final Plats, final Plat Re-recording, Revisions and Minor Plats once the matter has been reviewed and certified by the Community Development Director in accordance with the Subdivision Regulations. Funding and Fiscal Impact: None. Alternatives: Do not approve. Legal Review: None – not required. Concurrent Review: Steven Krokoff, Interim City Manager Attachment(s): Plat List NAME OF DEVELOPMENT ACTION COMMENTS TOTAL ACRES DENSITY (1) Manorview II, LL 182, 183, 250, 251 Final Plat Revision, add water easement 42.82 .77 lots/acre (2) Manorview III, LL 182,183, 184 Final Plat Revision. add water easement 31.98 .81 lots/acre (3) Smith & Kennedy Construction, LL 379 Minor Subdivision Plat Create 2 Lots 2.036 .982 lots/acre (4) Parkview, LL 1169 Final Plat Create 13 Lots 2.835 4.586 lots/acre (5) Blue Valley III B, LL 196, 236, 237 Final Subdivision Plat Create 38 lots 55.3 .69 lots/acre (6) Three B Farms, LL 388 Minor Subdivision Plat Create 3 lots 8.863 .338 lots/acre 4: Pa rkv ie w 2: M anorvi ewPhase III 1: M anorvi ewPhase II 3: S m i th &K en n e dyConstructio n 6: T h re eB Fa rm s 5: B l u e Val le yPhase II I B Fr i e n d s h i pFriendshipCommunity P a r kCommunity P a r k Be l lBellMemor i a lMemorialParkPark Pr o v i d e n c eProvidenceParkPark Br o a d w e l lBroadwellPavilionPavilion B i r m i n g h a mBirminghamParkPark Copper Sandy Creek Ro c k y Cr e e k FoeKille rC r e e k C hickenCreekLittle RiverAv er yCreekCh eat amCreekCane y C r e e k B e n tle y C re e k BagleyCreekC a m p C r e e kMill CreekBigCr eek M o u n t a i nMountainParkPark H o l l yHollySpring sSprings A l p h a r e t t aAlpharetta R o s w e l lRoswell J o h n sJohnsCreekCreekForsythFultonFultonCherokeeMMoorrrriissRRooaaddBBaattee ss vviillllee RRdd RReedddd RRdd BBee tthhaannyyBB ee nn dd WW ee bb bb RRdd HHiicckkoorryyFFllaatt RRdd BBiirrmmiinngghhaamm RRdd MMoouunnttaaiinn RRdd TThhoommppssoonnRRddCCooxxRR dd HHaammbbyyRRdd PPrroovviiddeenncc ee RRdd HHooppeewweellllRRddFFrreeeemmaannvviilllleeRRddBBeetthhaannyyRRddNN ee ww PPrroo vviiddeenncceeRRddHHoo pp eewweellllRRddFF rraanncciissRR dd TT hh oo mmppssoonnRRdd ST400 ST400 ST400 ST400 £¤1 9 £¤1 9 £¤1 9 £¤1 9 ST400 Created/Altered: 5/19/2016 G:\TaxCommunityDev\FinalSubdivisionPlats_CouncilMeeting20160606_bl_v1.mxd Final Subdiv ision PlatsCity Council Mee ting 6 /6/2016City of Milton May 2016 Fina l PlatsParcelsCity LimitsCountiesRiversWaterbodies Freewa y/HighwayRampMajor Arterial/CollectorMinor Arterial/Loca l §¨¦575 §¨¦75 §¨¦75 §¨¦85 §¨¦85 §¨¦20§¨¦20 §¨¦285 §¨¦285 ¬«400 £¤19 ´0 1 2 30.5 Miles