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Packet - PC - 12-19-2007
City of Milton Deerfield Professional Centre L V ~ /U/c ~ r j/ 4 wl fl NavV ,L: <£) 13000 Deerfield Parkway Building 100 , Suite 107 C Milton , GA 30004 PLANNING COMMISSION AGENDA Wednesday, Decem b e r 19, 2007, 7:00 pm Agenda Item Description Meeting Dates** Staff PC Recommendation Recommendation ocation II to Order edge of llegiance ~o ~--,,,t.:....._ _____ -+--.,......+------------,,+-"'::....._-~:__-+1--,1-C-,J-----,L,,--t',-'----/-+---+------,~~c.++---=----=----f . Public Comment V . Approval of Minutes VI. Use Permits Deferred A. U07 -007 VC07-0 12 VII. REZONINGS New A. RZ07-020 VC07-015 Minutes from the November 27, 2007 Planning Commission Meeting To request a Use Permit (Article 19.4.3) For Agricu ltu ra l Re lated Activities to add a 3,240 sq.ft. training building and t o request a 4-part concurrent variance to use the existing parking area within the l 00 - foot setback near the wes t property line (Article 19.4.3 .13.4); 2) To increase the maximum building setback from 20 feet to 250 feet for the new building (Article l 2h.3.5.C. l ); 3) To a llow parking between the existing bui ldings and the street (Article l 2H.3.5 .F.3); 4) To delete the 75 foot buffer and l O foot improvement setback adjacent to AG-1 and/or residentially developed p roperties Article l 2H.3. l.C.2. To rezone from 0-1 (Office- Institutional) t o 0-1 (Office- Institutional) t o expand the existing day care facility from 2,000 square feet and 38 students t o 3,600 square feet at an overall density of 2,647 square feet per acre. The applicant is proposing a 1,6 00 s uare f oot buildin CZIM- 1O/24/O7 DRB-12/4/07 PC -12/19 /07 MCC-/22/08 CZIM- 11 /29/07 DRB -12/4/O7 PC-12/19 /07 MCC-1 /22/08 AP.proval ~ Approval Conditional Denial (Part 1 of VC07 -0l 2) Approval Conditional (Parts 2 -4 of VC07 -0l 2) Approval Conditional Approval Conditional **Meeting Codes: CZIM-Community Zoning Information Meeting ; ORB-Design Review Board ; PC-Planning Commission; MCC-Mayor and Ci ty Council X:\Board of Commissions\P lanning Commission\Master PC Agenda 12 .19 .O7\L inking documents\PCAGENDA DEC O7 .doc 1 0 City of Mi lt on Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Mi lt on , GA 30004 Agenda Item Description Meeting Staff Dates** Recommendation separate from the exi sting structure . The applicant is a lso requesting a concurrent variance to reduce the 25- foot buffer and 10-foot improvement se tback to a 5-foot landscape strip along the east and west property lin es from the existing building for a distance of 150 feet VII I. TEXT AMENDM ENTS Deferre d A. RZ0 7-021 To adopt the MCC Work ~~-Telecommunications Session- Ordinance as Article 17 of 10/11/07 the City of Milton Zoning PC-11 /27 /07 Ordinance MCC- 12/13/07 XI. ADJ O URN **Meeting Codes: CZIM-Community Zoning Inf ormation Meeting ; ORB-Des ign Review Board ; PC-Planning Commission ; MCC-Mayor and City Council PC Recommendation X:\Board of Commissions \Planning Commission \Master PC Agenda 12 .19 .07 \Linking documents\PCAGENDA DEC 07 .doc 2 PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT EXISTING ZONING 17.12 PROJECT NAME Canine Assistants 3160 Francis Road 2/2 610, 611 Northwest Fulton Overlay AG-1 (Agricultural) Canine Assistants Facility U07-007 VC07-012 ACRES EXISTING USE PROPOSED USE Expansion of Canine Assistants Facility, Use Permit for Agricultural Related Activity (Article 19 .4.3) OWNER ADDRESS PHONE REPRESENTATIVE ADDRESS PHONE Canine Assistants, Jennifer Arnold 3160 Francis Road , Milton , GA 30004 770 -664 -7 178 Michael Twiner, PE, Planners & Engineers Collaborative 350 Research Court, Norcross GA 30092 770-451 -27 41 INTENT To expand the existing Canine Assistants facility from approximately 23,125 square feet (within 9 buildings) by 3,240 square feet (within 1 additional building located in the southwest corner of the property) for a total of 10 buildings containing a total of 26 ,365 square feet at an overall density of 1,540 square feet per acre . The applicant is also requesting the following 3 part concurrent variance : 1) To allow the existing gravel parking lot within the 100-foot setback (Article 19.4.3.B.4). 2) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan (Article 12H.3.5 .C .1). 3) To allow parking between the buildings and the right-of -way as shown on the site plan (Article 12H.3.5.F.3.). 4) To delete the 75 foot buffer and 10 foot improvement setback adjacent to AG-1 and/or residentially developed properties (Article 12H.3.1.C.2.) 12/14/2007 U07-007/VC07-012 Prepared by t he Community Development Department for th e Planning Commission M eetin g on December 19, 2007 Page l of 19 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION 12/14/2007 U07 -007/VC07-012 U07 -007 -Approval Conditional VC07-012 -Part 1 -Denial VC07-012 -Parts 2 -4 Approval Conditional Prepared by the Community Development Department for the Planning Commission Meeting on De c ember 19 , 2007 Page 2 of 19 12/14/2007 U07 -007/VC07-012 -•;lcly of i.mon FtilOll CQcouty, ~ -U lt8";' -is...~ .... -..... □~D uy • IZ] LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on Dec ember 19 , 2007 Page 3 of 19 't,_-}: City of Mi 11on Ful:on C ow:.ty, GEcrgia uo -OO i -11$..., D, D E'.:J .,. D _.,_, -N-J Cl.I -1• Ill •· -M -... •rw -A ., •"'· 12/14/2007 U07 -007/VC07-012 CURRENT ZONING MAP Prepared by the Community Development Department for the Plann ing Commission Meeting on December 19 , 2007 Page 4 of 19 ©~ ~ ~ e ~, I l' e ~ 12/14/2007 11n7 _nn 7 ,vrn7 _n 1? na ,o· I I I ~ ~ /I' __ ,, .... , H N {19~-C 276.4()' I® ,I ,, 11 I I I I I : ~} !; r: 'I b 0 ~ ~ i'l> • m li,IJ' 1-1-H+t+l-1-H+t+HI-H+t+HI-H+;!• ~ CANINE ASS ISTANCE INC E: -; A 8 UILDl).G ADO IT~ PROJB:'T 5-::;: If. X 1,L~ i ~ "°'- • ~ ~ c H~ >-+-t-H-++++++t-+-t-H-++++++t-+-t-H ~ ct':,";t~:~-n Z r:, 5 ,,~i ' UJ )1~~::o' a~! .•ir' .... l>:-=--=----------•aa~'a....'-"""-..;"""--------..... -"""' I "'Or fl • ! i 9WaNOVIN.sot.unou· >zr-r-1:'l't1' l •.•. PLANNERS AflO ENG IN EERS CO LLABORATIV E ;: .,. srn: ~•lAN>SCAl"I: AJ.otTEcnm ■CM... ~•LANJ Sl&VEYPilO -~0Dla"l'•~~--~.,.,,..~---J'ICAftD:JM SITE PLAN -October 2 , 2007 Overall Site Plan Prepared by the Community Development Department for t he Planning Commission Meeting on December 19 , 2007 Page 5 of 19 ,! I 0 'BLESTONE FARMS, LLC DB 25435 / PC 140 SITE DATA nmu.arr.-1./#K ----•Jt: ~ JlllNNA M/JUJIJ#, ~-IJ. _..,.,,,...,,.,__r.-.-.u. ---CVF'JU--~,..~,--- --ITarMOCZ,l.._._ __ ~"'-· ~ ... -~,.,,..,._ PROJECT CONTACT: MR. KENT BR UNER ul' n0-66-1-7173 Wanotll' ---------- AREA 1.50 AClllS (6lJ.341J SQ. IT.) COBBffSTONE FARMS, LLC DB 25435 / PC 140 -,.,....., ---.. --,·---· '-==..-:-.:=;.::--=:.- c:-:.:?-::*--.-3 ----______ .. __ _,_ ___ ..:. °" =---~ ·::..--=~=-'"'::' ---=~:.--·~~111-------.. ------- .,,_ .. _.,,._,, ... _ .. ___ _ ::.E:.E:~=~::--=-=--:..•1" ,.-~~~:-:.:::=:::-..::.:: :::-::.7'..::::.=...-:.""""="":::-·----... ·-----=------ ===c::-;;:•;;••· -·--- COBBLESTONE FARMS, LLC OB 25435 / PC 140 1·~:.::::-=·.,.,,::.,.:,::::-1 ··,:::-:===:;;-=-.:.-:~ -=-~· ... :=::-..:.=.:.::.--- EP TO CP REVIS I O NS: SITE Pl.AN ~AU 1"•21 1 l)A n OCT O'.! 10J7 l"MfllTCT 9"'1t)l<HU -···-·-_, ..... __ _ ,.. _____ _ S2 0) C ·-"C " ·-0 ::::, 0 .c N ' it: N . ... O" a, u, .c 0 0~ -N u ' o<"> I ~ z a, <( ~ ...I 0 0.. w C !:: 0 ; Cl) C u 0 ...I QJ £ 0" -o -o C N QJ -E o---~ 0 Q) Q. ..0 OJ E 0 QJ C U QJ QJ Eo Q. C 0 0 al OJ > C QJ :;:: 0 QJ >-QJ :-=~ C C ::J 0 E ·;;; E -~ o E u E QJ 0 ..c U -OJ >-C ..0 ·- -0 § !!! .Q o a.. Q. !!! Q.. 0-- 0 '° QJ OJ 0 Q.. 12/14/2007 U07 -007/VC07-012 SUBJECT SITE -Looking from west to east Prepared by t he Community Development Department for th e Planning Commission Meeting on December 19, 2007 Page 7 of 19 SUBJECT SITE SUBJECT SITE: The subject site is a 17 .12 acre tract of agriculturally zoned land , lo c ated on the northern side of Francis Road , east of Cogburn Road. The subject si t e is currently developed with 9 structures ranging between 875 and 6,850 square feet in si ze . The applicant has utilized the property since 1991 as a nonprofit organization whi c h raises and trains service dogs to help children and adults with physical disabilities . The proposed new building will be used as a training fa ci lity for the re ci p ients for the service dogs . There are 6 training camps per year for a period of 2 weeks each . It is located within the Agricultural, Forestry and Mining Land Use designation on the Fo c us Fulton 2025 Comprehensive Land Use Plan . 12/14/2007 U07-007/VC07-0 12 Prepared by the Community Development Depart ment fo r th e Planning Com mission M eeting on December 19, 2007 Page 8 o f 19 Existing uses and zoning of nearby property (See Map following table) Location East & Further East Further East South East Further east & Northeast North 12/14/2007 U07 -0 07 /V C07-01 2 Parcel / Zoning Zoning / Name Petition 1 AG-1 (Agricultural) Scattered Single Family Residences 2 AG-1 (Agricultural) Hopewell Glen S/D 3 CUP (Community Unit Plan) Crooked Creek 4 AG-1 (Agricultural) Cobblestone Farms S/D 5 AG-1 (Agricutural) Champions View S/D 6 AG-1 (Agricultural) McGinnis Farms (Under Development) Prepared b y the Com m unity De v e lopment Depa rt m ent fo r t he Planning Commissio n M eetin g o n December 19, 200 7 Approved Density /Min. Heated Floor Area 1 unit/acre 1,500 sq.ft. 1 unit/acre 2,500 sq.ft . 1.7 u/a 3,000 sq.ft. 1 unit/acre 3,000 so.ft. 1 unit/acre 3,000 sq.ft. 1 unit/acre Pa ge 9 o f 19 ·\JCity of Mi lton Ful !!Coun..y, uea~ 12/14/2007 U07 -007/VC07-012 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for th e Plann ing Commission Meeti ng on December 19 , 2007 1 Page 10 of 19 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit . In exercising such discretion pertaining to the subject use , the Mayor and City Council shall consider each of the following as outlined in Article 19 .2.4 of the Zoning Ordinance; Use Permit Considerations . Staff has reviewed said items pertaining to the subject use , and , offers the following comments : A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19 .4 .3. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses , and Comprehensive Plan policies, where appropriate . B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff 's Recommended Conditions and the provisions of the Zoning Ordinance, the proposed agricultural-related activity is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes , ordinances or regulations governing land development. The applicant has appropriate local, state and federal permits needed to operate the dog training facility . D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic since much of the trips to the site are buses bringing clients to the site for the training that occurs 4-6 times a year. 12/14/2007 U07-007/VC07-01 2 Prepared by the Comm unity De ve lopment Departme nt fo r th e Planning Commiss ion M eetin g on December 19 , 2007 Pa ge 11 o f 19 E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide 1 space per 35 square feet in the largest assembly area . The largest assembly area within the new addition is 2,000 square feet and requires 57 parking spaces. Article 19 .4.3.B.4 requires the applicant to locate parking outside a minimum 100- foot setback from all property lines . The applicant is requesting a concurrent variance to encroach into this setback. Further discussion is under the Site Plan Analysis below. F. The amount and location of open space; The applicant's site plan indicates that if developed as subm itted; there will be approximately 26 ,365 square feet of developed with buildings and approximately 20 ,000 square feet of walkways , parking areas , and detention areas for a total of 46,365 square feet of developed area . The remainder of the site, approximately 16 acres will remain open space . Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. A condition will be included to allow the existing structures to encroach in the required 75-foot buffer and 10 -foot improvement setback along the west property line . The proposed new building is outside the required buffer and improvement setback. H. Hours and manner of operation; The applicant's letter of intent indicates that the new building will be open from 9 a .m . to 9 p .m. though it is unlikely that it will be occupied more than 5 or 6 hours a day. The training facility will be mainly utilized during the 6-two week training camps throughout the year. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H .3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site 's required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. 12/14/2007 1107-007/VC07-0 12 Prepared by the Community Development Department for the Planning Commissio n M eetin g on December 19 , 2007 Page 12 o f 19 J. Ingress and egress to the property. The applicant's site plan indicates a total of six (6) existing curb cuts on Francis Road that has a frontage of 863 feet . There are various buildings on the entire site that have various purposes for the training facility and the need for the existing curb cuts. Staff is of the opinion that the proposed development will have limited impact upon the community. Staff is of the opinion that the requested Use Permit for the Canine Assistants is appropriate for the area with the recommended conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of U07-007. SITE PLAN ANALYSIS Based on the applicant 's site plan submitted to the Community Development Department on October 2, 2007 Staff offers the following considerations : Northwest Overlay District BUILDING SETBACKS Article l 2H .3.5 Section C. l of the Northwest Overlay District requires a maximum 20 -foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way and from Oto 400 feet from an intersection. The applicant is requesting a concurrent variance to allow the new structure to be 250 feet from the required landscape strip. There are some existing buildings of which some were developed as "farm houses" prior to the combination of the tracts that comprise the current l 7 acres . The proposed new training building has been placed further to the rear to help preserve existing pastures to the east that are used for the horses used for therapeutic riding. In addition, the building will not be visible from the right-of-way. Staff is of the opinion that the requested variance would be in harmony with the general purpose and intent of the zoning ordinance and recommends that Part 2 of VC07-012 be APPROVED CONDITIONAL. BUILDING HEIGHT Article l 2H.3.5 Section D. l of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant has indicated that they will remain within these requirements . LANDSCAPE STRIPS AND BUFFERS Article l 2H .3 . l Section C . l of the Northwest Overlay District requires a seventy- five (75) foot-wide undisturbed buffer, with a l 0' improvement setback, shall be 12/14/2007 U07-007/VC0 7-01 2 Prepared b y t he Community De ve lopment De partme nt for th e Planning Commiss io n Meeti ng o n December 19 , 200 7 Pa ge 13 o f 19 located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting the deletion of this requirement along all property lines adjacent to AG-1 or residentially developed property. The applicant wants to preserve the existing "pastures" on the property where the horses graze. In addition, there is a 1,500 square foot shed/workshop that is located along the east property line that encroaches into the 75-foot buffer and 10-foot improvement setback. There is existing screening throughout the property along the property lines and those will be preserved. Along the west property line, there are single family residences adjacent to the site. Staff recommends that the applicant provide the 75-foot buffer and 10-foot improvement setback along the west property line provide appropriate screening from the proposed use. The proposed new building will not encroach into this buffer along the west property line . The applicant's site plan shows adequate area to meet this requirement with exception to the existing 2,000 square foot building near the west property line. Therefore, Staff recommends APPROVAL CONDITIONAL for VC07-012, Part 4 for all property lines except along the west property line . A condi tion will be included to allow the 2,000 square foot building near the property line to encroach into the buffer. A 10-foot landscape strip along Francis Road is required per the Northwest Overlay District. City Arborist About a thirty foot undisturbed buffer remains at the eastern property line. Center of the site is cleared and being used for parking. Existing large trees are located at the western property line. Two specimen trees are located in this area: 29" Pine and 26" Pine PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Pro osed Use • 35 feet per largest assembly area • 2000 square feet Total Minimum Re uirement • 1 spaces per 35 sq. ft. of largest assembly area . (2,000) S aces Provided • Not indicated on site plan Staff notes that there appears to be sufficient room to provide 57 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The applicant is requesting a concurrent variance to allow parking within the l 00- foot setback adjacent to all property lines . There is an existing gravel parking area encroaching into this l 00-foot setback for approximately 45 feet. It 12/14/2007 U07 -007/VC07-012 Prepared by the Community Development Department for the Planning Commission Meeting o n December 19, 2007 Page 14 of 19 appears that there is adequate space for parking outside of the 100-foot setback. In addition there are single family residences directly to the west affected by the parking area. Therefore, Staff recommends DENIAL of Part 1 of VC07-012. Other parking located on the remainder of the site should be screened from view of any public street by: 1) a 15-foot wide landscape strip planted to buffer standards or 2) a berm planted with a continuous hedge or evergreen shrubs. It appears there is sufficient room to provide a 15-foot landscape strip along Francis Road . The Northwest Overlay District states that no on site parking shall be located to the front of a building and/or between a building and the public right-of-way. The applicant is requesting a concurrent variance to allow parking between Francis Road and the parking area to be utilized by the new training building. Since the parking is not visible from Francis Road and will be required to be located outside the 100-foot setback, Staff recommends that Part 3 of VC07-012 be APPROVED CONDITIONAL. PUBLIC INVOLVEMENT On October 24, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one adjacent property owner in attendance from the community. The applicant had hosted an information meeting on October 23, 2007 in which approximately 6 to 8 people attended. Public Comments -One resident in attendance expressed concerns regarding the additional training facility as they are next to the property to the west in Cobblestone Farms. City of Milton Design Review Board Meeting -December 4, 2007 • Suggested that the new training facility look more like a residence than a barn. Public Notice Requirements The use permit petition was advertised in the Milton Herald on December 5, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Francis Road. The notice of the Use Permit was sent , to adjacent property owners, on December 4, 2007. 12/14/2007 I 107 -007/VC07-012 Prepared by the Community Development Department for the Planning Commission M eetin g on December 19, 2007 Page 15 of 19 Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting . CONCLUSION The proposed Use Permit for the Canine Assistants is consistent with plan policies and is appropriate for the area and therefore, Staff recommends APPROVAL CONDITIONAL of U07-007. Furthermore , Staff recommends DENIAL of VC07-012, PART 1 and APPROVAL CONDITIONAL of VC07-012, Parts 2-4. 12/14/2007 U07-007 /VC0 7-0 12 Prepared by th e Community De v elopment Depart ment for th e Planning Com miss ion M eetin g on Decembe r 19, 200 7 Page 16 of 19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for an Agricultural Related Activities (Article 19 .4.3.) 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) An agricultural related activity, at a maximum density of 1,540 square feet per acre zoned or a total gross floor area of 26,365 square feet, whichever less . 2) To the owner's agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on October 2, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, City of Milton Subdivision Regulations 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. 3) To the owner's agreement to the following site development considerations: a) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan. (VC07- 0l 2, Part 2) b) To allow parking between the buildings and the right-of-way as shown on the site plan. (VC07 -0l 2, Part 3) c) Provide a 75-foot buffer and 10-foot improvement setback along the west property line except where the existing house along the west property line encroaches. d) To delete the 75-foot buffer and 10-foot improvement setback along the northern and eastern property lines except where existing buffers exist. (VC07-0l 2, Part 4) 12/14/2007 11n7_rYl71vrn7_n1? Prepared by the Community Development Department for the Planning Commission Meeting on December 19 , 2007 Page 17 of 19 c) To complete a combination plat of all parcels to be approved by the Community Development Department prior to the Land Disturbance Permit submission. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to meet the requirements of the approved final site plan including the following: i) To allow a maximum of 4 curb cuts along Francis Road. ii) Provide at least 10 .5 feet of right-of-way from the back of curb/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. b) Reserve Right-of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. 5) To the owner's agreement to abide by the following: a) The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LOP application (should greater than 5000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces , rain gardens, etc. A maintenance agreement is required to be recorded for such item used. 12/14/2007 ,,,)7 rv'71vrrn_n1? Prepared by th e Community Development Department for th e Planning Commission Meeting on December 19 , 2007 Page 18 of 19 APPENDIX A Comments on Public Services and Utilities Note : Various City and/or County departments that may or may not be affected by the proposed development provide the following information . Comments herein are based on the applicant 's conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects , if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation : Road name: Francis Road Classifi c ation : Arterial Comments: • City to verify sight distance from proposed entran c e/exit at Hopewell Road for safety and if deemed necessary provide a third-party verification. Sight Distance would be certification by a Professional Engineer in a third -party orientation . Hydrology: Comments: • Vegetative water quality items needed. • A concept Stormwater meeting with the Stormwater Engineer is required . The design and layout shown with the rezoning site plan may or may not meet all m inimums required by the City and GASWMM state rules. Detailed design shal l be shown on the Land Disturbance Permit plans, after said concept meeting. City of Milton Fire Marshal : Comments: • The gravel drive will have to be able to meet or exceed the all weather road requirements of supporting the imposed load of fire apparatus weighing at least 75 ,000 lbs . 12/14/2007 11n7_r1n7 JVr n 7 -01 ? Pr e pared by th e C ommunity De v e lopment Department for th e Planning Commission M eetin g on Decembe r 19, 2007 Page 19 of 19 PETITION NUMBER(S): PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT OVERLAY DISTRICT EXISTING ZONING PROPOSED ZONING 1.36 PROJECT NAME IQ Academy 2865 Webb Road 2/2 1048 State Route 9 Overlay 0-1 ( Office-Institutional) RZ06-051 0-1 (Office-Institutional) ACRES EXISTING USE PROPOSED USE Day Care Facility for 38 students Day Care Facility for 78 students OWNER ADDRESS PHONE Pegah Firoozi 5240 Orchard Court, Cumming GA 30004 678 -762-0216 INTENT RZ07-020 VC07-015 To rezone from 0 -1 (Office-Institutional) to 0 -1 (Office-Institutional) to expand the existing day care facility from 2,000 square feet and 38 students to 3,600 square feet at an overall density of 2,647 square feet per acre. The applicant is proposing a 1,600 square foot building separate from the existing structure . The applicant is also requesting a concurrent variance to reduce the 25 -foot buffer and 10 -foot improvement setback to a 5-foot landscape strip along the east and west property lines from the existing building for a distance of 150 feet . COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION 12/14/2007 RZ07-020/VC 07-0 15 R/ A RZ06-05 1 RZ07-020 -APPROVAL CONDITIONAL VC07-015-APPROVAL CONDITIONAL Pr epared b y th e Comm unity De velopment Department for th e Planning Comm ission M eeting on Decemb e r 19 , 2007 Pa g e 1 o f 19 •"'(~l City of Milton D "" D □·""" -___,...,_.___ .. ...._~_.. .._,,_....... ___,.,_ .. ____ . ......,,._.. _ _........,.._...__._ ~-----==~=-==-__ ___.. __ . ___ _ __ ......_....,..,..,..... .......... ... ~~ LOCATION MAP-RZ07-020/VC07-015 12/14/2007 RZ07 -020/VC07-015 R / A R706--05 l Prepared by the Community Development Department for th e Planning Commission Meeting on December 19 , 2007 Page 2 o f 19 ,,;_._l'city ot Milton !Fulton Cor;amy, Georgia • •· ... •· .......... □~• □N-O-" tJ . La IZJ ::=.:;-~~ ~~~-.. .:::::-=:--........... _ ~•~Clli " .... ....,._ .. _~_ ....... _.. ......... .::=.~-==~":1..,-:::;.., -.:-===-=-•~-::;_,:-~• • --=--:.= --:-- 12/14/2007 RZ07 -020/VC07-0 15 R/ A RZ06-05 l CURRENT ZONING MAP Prepared by th e Community Development Department for th e Planning Commission M eeting on December 19, 2007 Page 3 of 19 12/14/2007 RZ07-020/VC07 -015 R / A RZ06-051 --------- SITE PLAN -Submitted November 6, 2007 Prepared by the Community Development Department for t he Planning Commission Meeting on December 19, 2007 Page 4 of 19 SUBJECT SITE SUBJECT SITE: The subject site is currently zoned 0-1 (Office-Institutional) and developed pursuant to RZ06-051 which was approved for a 38 child, 2,000 square foot day care within the existing structure at an overall density of 1,470.59 square feet per acre. Standards of Review (Article 28.4 .1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A . through G., below, as well as any other factors it may find relevant . A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? 12/14/2007 RZ07 -020 /VC07 -0 15 D / A D7n;...n ,; 1 Prepared b y th e Comm uni ty Development De partment for th e Planning Commiss io n M eetin g on Decembe r 19 , 20 07 Page 5 o f 19 The proposed day care facility, if developed with Staff's Recommended Conditions, is suitable for the subject site given similar zonings/uses in the area . B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff's opinion , the proposed development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with the Recommended Conditions . C . 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 as currently zoned . D. 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 and facilities . However, some impact on the surrounding transportation system is expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed expansion of the day care facility is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan . A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Office Proposed use/density: Day Care Facility/ 2,647 square feet per acre The Comprehensive Plan Land Use Map suggests the subject site and the properties to the east and west as appropriate for office dev elopment. For the properties to the north across Webb Road , the Plan Map suggests Neighborhood Living -Working . For the p roperties to the south , the Plan Map suggests commercial development. Further to the north , the Plan 12/14/2007 RZ07 -020/VC07-015 R/A R701,..05 1 Prepared by t he Community Development Depart ment for th e Planning Commission M eeti ng on December 19, 2007 Page 6 of 19 Map suggests residential development at l to 2 units per acre. Further to the west are the City Limits of Alpharetta. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City's Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Encourage development of community services (such as day care facility) to support employers and employees . • Encourage day care centers to locate near or in activity nodes and corridors and to be accessible to the residential population. F. 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? Existing zonings, current non-residential development trends in the area, adopted land use policies and recent Board action for approving similar zonings in the area support this request for a day care facility on the subject site. G. 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 is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Milton. Existing uses and zoning of nearby property (See Map following table) Location East East East 12/14/2007 RZ07 -020/VC07-015 R/A RZ06-051 Parcel / Zoning Zoning / Name Petition 19 AG-1 (Agricultural) Sinqle-Familv Residential 20 0-1 (Office-In stitutional ) 05Z-029 Undeveloped 18 C-1 (Community Business) 00Z-090 Undeveloped Prepared by the Comm unity Development Department for th e Planning Commission Meeting on December 19 , 2007 Approved Density /Min. Heated Floor Area l unit/acre 1,500 sq.ft. 12,844.32 s.f./acre 42,900 sq.ft. 2 stories 8,653.9 sf /acre 18 ,000 Page 7 of 19 North Further North Northeast Southeast South South South South Further South Further South Fu rther South Southwest Southwest Further Southwest Fu rther 12/14/2007 RZ07-020/VC 07-015 R/ A RZ06-05 l 15 MIX (Mixed Use) 03Z -081 Undeveloped office/commercial uses 16 MIX (Mixed Use) 00Z-151 Park at Windward Village 1 C -1 (Community Business) 03Z -185 Deerfield Place-Phase 1 Under Development 2 C -1 (Community Business) 73Z -001 Walmart Shopping Center and various businesses 2a C-1 (Commercial) 06Z-049 Cactus Car Wash 3 C -1 (Community Business) 86Z -219 Re -Max Realty Office 4 C -2 (Commercial) 04Z-030 Katy's Car Wash 5 C -1 (Community Business) 85Z-213 Fulton Feed & Seed 6 C-1 (Community Business) 06Z -026 Firestone Tire Store 7 0-1 (Office-Institutional) Z97-075 Nationwide Insurance Office 8 C -1 (Community Business) 88Z-211 /U88-47 First Academy Day Care 9 C -1 (Community Business) Z93-019 Staton HeatinQ & Air 11 C -1 (Community Business) Z97 -76 Windward Shopping Ctr 12 Kroger Shopping Center City of Alpharetta 13 MIX (Mixed Use) and Use Prepared by the Comm unity Development Depart ment fo r th e Planning Commission Meeting on December 19, 2007 1 Story 2,228 .14 sq .ft./acre for retail and/or office & 1,662.79 sq .ft./acre for office I 67,000 sf of retail and 50,000 sf of office 2.1 u/a Townhomes 1.02 u/a single family attached 0.46 u/a for detached single family 9,552 .93 sq.ft ./acre 299 ,293 sq .ft. None Stated 5,405.41 sq .ft./acre 6,000 sq. ft. 8,000 sq.ft./acre 3,935 .97 /sq.ft./acre 3,995 sq .ft. 2 stories Not Specified 6,387 .67sq .ft/acre 7,250 sq.ft. Office in existing structure 3,163 sq.ft ./acre 8,724 sq .ft ./acre 14 ,048 sq.ft./acre 88 ,500 sq . ft. 2 stories N/A 13 ,000 sq .ft./acre Page 8 of 19 West Fu rt her West Further West Further Northwest West West West 12/14/2007 RZ07-020/VC07 -015 R/A RZ06-05 1 06Z-0 73 Permit 06U-012 Undeveloped 10 0 -1 (Office-Institutional) RZ07-011 Undeveloped 10 C -1 (Community Business) RZ07-011 Undeveloped U07-009 Use Permit for Self Storage 14 MIX ( Mixed Use ) 00Z-151 The Preserve at Windward Village 17 AG-1 (Agricultural) Sinqle -Family Residential 19 AG-1 (Agricultural) Sinqle -Family Residential 20 0-1 (Office-Institutional) 0SZ-029 Undeveloped Prepared by th e Comm uni ty De vel opment Department for th e Planning Commissio n Mee ting on Decembe r 19 , 2007 82,860 2 stories 15,076.46 sq.ft./acre 140 ,000 sq.ft 2 stories/30 ft height & 5 ft parapet 44 ,160 sq.ft/acre 115,700 sq.ft for restaurant & Self Storage/ 3 Stories, 32 ft high building & 3 ft parapet for total of 35 feet 2.10 u/a 1 unit/acre 1,500 sq .ft. 1 unit/acre 1,500 sq .ft. 12,844 .32 s.f./acre 42 ,900 sq.ft . 2 stories Page 9 of 19 "',/City of Milton Ful ton Goun..,y, Geagia. 00 12/14/2007 RZ07 -020/VC07-015 R/ A RZ06-05 l EXISTING USES AND ZONING MAP Prepared by the Community Development Department for t he Planning Commission Meeting on De c ember 19 , 2007 1 Page 10 of 19 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district for the subject property is suitable for the proposed use. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning district for the subject property is suitable for the proposed use. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning would not create an isolated zoning district to adjacent and nearby districts. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? There will not be any effect on the character of the zoning district or overlay district . L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? The proposed zoning will not be a deterrent to the value or improvement of development of adjacent properties since the surrounding properties are recommended to be Office uses as well. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding , air quality and water quality? There should not be any negative impact on the environment if the recommended conditions are approved . N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. 12/14/2007 RZ07 -020/VC07-0 15 R/A RZ06-0 51 Prepared by th e Comm uni ty Development Dep a rt ment fo r th e Planning Com mission M eeti ng on Decembe r 19, 2007 Page 11 o f 19 The proposed rezoning as submitted is consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area because the proposed day care facility is consistent with the recommended Office land use . 0. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. The proposed expansion of the day care facility will not hinder or negatively impact residential neighborhoods . P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There are currently several approved zonings and land use classifications near the subject site that is similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant 's site plan submitted to the Community Development Department on November 6, 2007 Staff offers the following considerations : Northwest Overlay District BUILDING SETBACKS Article 8.1.3 of the Zoning Ordinance specifies the following building setbacks for structures in the 0-1 (Office-Institutional) district : A 40-foot front yard setback along Webb Road ; a 20 -foot side yard setback along the east and west property lines ; and a 25 -foot setback along the south property line. The applicant 's site plan indicates compliance with the required setbacks . BUILDING HEIGHT The proposed expansion of the day care facility will not exceed the permitted district height of 60 feet or nearby policy of 2 stories . The applicant has ind icated that the manufactured building will be one story. 12/14/2007 RZ07-020/VC07 -0 15 R/ A RZ06-05 l Prepared b y th e Comm unity De velop ment Department for th e Planning Commission M eetin g on December 19, 2007 Page 12 o f 19 LANDSCAPE STR IPS AND BUFFERS In accordance with Article 4.23.1 of the Zoning Ordinance, the following landscape strips, buffers and improvement setbacks are required: a 20-foot landscape strip a long Webb Road; a 25-foot buffer with a 10-foot improvement setback along the east and west property lines and a 10 foot landscape strip along the south property line adjacent to a property zoned C-1 (Community Business). The site plan shows compliance with the landscape strips along Webb Road , south property line and undisturbed buffers along the southern portion of the site. A concurrent variance to reduce the 25-foot buffer and 10 -foot improvement setback to a 5-foot landscape strip along the east and west property lines where the existing structure exists) was approved by the Fulton County Board of Commissioners pursuant to RZ06-051 /VC07-060 . This part of the concurrent variance will be reflected in the Recommended Conditions. The applicant is requesting a concurrent variance as follows : To reduce the required 25 foot buffer and 10 foot improvement setback to a 5 foot landscape strip along the east and west property lines from the existing building for a distance of 150 feet (Article 4.23.11. Staff notes that with the proposed expansion , the area for a playground has been reduced . The site is long and narrow and 25 feet of buffer on either side of the parcel will reduce the area for the playground. Further, the septic drainage fields are located just north of the existing play area . Based on these constraints, Staff recommends APPROVAL CONDITIONAL of VC07-015. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum ReQuirement Spaces Provided • Day Care Facility (3,600 • 1.7 spaces per 1,000 sq . ft . • 9 spaces provided sq. ft.) of building area plus 1 per 4 employees on the largest Total shift. 9 spaces provided 8 spaces reQuired Article 18 of the Zoning Ordinance requires 1.7 parking spaces per 1,000 square feet plus one per 4 employees on the largest shift . Based on a 3,600 square-foot building and a maximum of 8 employees on the largest shift, the applicant is required to provide 8 parking spaces. The submitted site plan indicates compliance with the parking requirements with 9 spaces provided. 12/14/2007 RZ07 -020/VC07 -01 5 R/A RZ06-051 Prepared by the Community De vel opment Department fo r th e Planning Commissio n M eetin g on December 19 , 2007 Page 13 o f 19 PUBLIC INVOLVEMENT On November 21 , 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in attendance and Staff has not received any comments regarding the rezoning. City of Milton Design Review Board Meeting -December 4, 2007 The following comment was made by the ORB : • To duplicate the frn:;:ade of the existing building for the new building. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on December 5, 2007 and the sign was installed before the required date of November 30 along the frontage of Webb Road. The notice of rezoning was sent, to adjacent property owners on December 12 , 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION Day care facilities are permitted uses within 0 -1 {Office Institutional) zoning districts . Furthermore , the proposed day care facility is consistent with Plan policies and the intent of the Comprehensive Plan Land Use Map and recent Board action in the area. Therefore, Staff recommends RZ07-020 be APPROVED CONDITIONAL subject to the attached Recommended Conditions . Staff also recommends VC07-0l 5 be APPROVED CONDITIONAL for the reduction of the required buffers and improvement setback from the existing building for a distance of 150 feet. 12/14/2007 RZ07-020/VC 07-0 15 R/A RZ06-051 Prepared by t he Comm unity De v elopment De partment for th e Planning Com mission Meetin g on Decemb er 19, 2007 Page 14 o f 19 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council , it should be APPROVED 0 -1 (Office-Institutional) 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. l) To the owner's agreement to restrict the use of the subject property as follows : a) Restrict the use of the subject property to a day care center at a maximum density of 2,647 square feet of gross floor area per acre zoned or a total gross floor area of 3 ,600 square feet, whichever is less. b) Restrict the number of students to 78. c) Restrict the height to l story not to exceed 15 feet from average grade . 2) To the owner's agreement to abide by the following : a) To the site plan received by the Community Development Department on November 6, 2007 . Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit . In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to c omplete the concept review procedure prior to application for a Land Disturbance Permit . Unless otherwise noted herein , compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Human Resources and file a copy of the approved registration with the Community Development Department. 3) To the owner's agreement to the following site development cons iderations: 12/14/2007 RZ07-020/VC 07-0 l 5 R/ A RZ06-05 l Prepared b y t he Community Development De partme nt fo r th e Planni ng Com miss ion M eetin g on December 19, 2007 Page 15 o f 19 a) Reduce the required 25 foot buffer and l O foot improvement setback to a 5 foot landscape strip along the east and west property lines only in the area of the existing driveway, structure and parking areas . (2006VC -0070 NFC) b) Reduce the required 25 foot buffer and l O foot improvement setback to a 5 foot landscape strip along the east and west property lines from the back of the existing building for a distance of 150 feet. (VC07-0l 5) 4) To the owner's agreement to abide by the following requirements , dedication and improvements : a) Reserve Right -of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit , sufficient land as necessary to provide for compliance with the Transportat ion Master Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to meet the requirements of the approved final site plan including the following : i) To allow a maximum of l curb cut along Webb Road . ii) Provide at least l 0 .5 feet of right-of-way from the back of curb/edge of pavement of all abutting road improvements, along the entire property frontage , as well as allow the nec essary construction ea sements while the rights -of-way are being improved . 5) To the owner's agreement to abide by the following requirements, dedication and improvements: a) The developer 's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LOP application (should greater than 5,000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75 %) of the pre- development conditions . Locations shall be as approved by the Stormwater Engineer. 12/14/2007 RZ07--020/VC07--015 R/ A RZ06-05 l Prepared b y the Community De velopment Dep a rtment for th e Planning Commission M eeti ng on December 19, 2007 Page 16 of 19 b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, ra in gardens, etc. A maintenance agreement is required to be recorded for such item used. 12/14/2007 RZ07 -020/VC07 -0 15 R/ A RZ06--05 l Prepared b y th e Community De v e lopment De partme nt fo r the Planning Commiss io n M eetin g on December 19 , 200 7 Page 17 o f 19 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant's conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any constru c tion activity. Fulton County Health Department: The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site . Since this development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be subm itted for review and approval. The Fulton County Health Department recommends this facility meet all permit requirements for child care facilities under DHR Rules and Regulations . If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations . If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations . Fulton County Schools Comments : • Staff notes that the proposed rezoning will have minimal impact on the surrounding school system . Fulton County Tax Assessor: Property Tax ID#: 22 -5270 -1048-024 -8 Taxes on the subject property are up-to-date. Water and Wastewater (Sewer): Water: Fulton County Public Works Department Anticipated Water Demand: No data available at printing This parcel is not on public sewer 12/14/2007 RZ07--0 20/VC 07 -015 R/ A RZ0 6-05 l Prepare d by the Community Develo pme nt De partme nt fo r th e Plan ning Commission Meeting on Decembe r 19, 2007 Page 18 o f 19 Comments: • This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Fulton County Department of Public Works for more information . • This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Fulton County Department of Public Works for more information. Drainage: Flood Plain: No flood plain Hydrology: Types of detention proposed : None proposed, water quality required. If greater than 5,000 square feet, then detention required. Comments: • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules . Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • Provide accessibility plan for handicapped . 12/14/2007 RZ0 7-020/VC07-015 R/ A RZ06-051 Prepared by the Community Development Department for the Planning Commission Meeting on December 19 , 2007 Page 19 of 19 RZ07-021 ARTICLE XVII Wireless Telecommunications Facilities Section 1: Purpose and Intent . The purpose of this Article is to establi sh guidelines for the s1tmg of all wireless communications towers and antennas which will enco urage the development of wireless communications while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The goals of this article are: (a) To protect residential areas and land uses from potential adverse impact of telecommunications towers , antenna support structures and wireless communications facilities; (b) To minimize the total number of towers and antennas within the community necessary to provide adequate personal wireless services to residents of Milton ; (c) To locate telecommunications towers and antennas in areas where adverse impacts on the community are minimized ; (d) To encourage the design and construction of towers and antennas to minimize adverse visual impacts; (e) To avoid potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified , maintained, and removed when no longer used or when determined to be structurally unsound ; (f) To preserve those areas of significant scenic or historic merit; (g) To facilitate implementation of a master siting Plan for the City of Milton; (h) To promote and encourage the joint use of new and existing tower sites among service providers; (i) To enhance the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently. G) To supersede articl e 19.4 .7 of the City of Milton Zoning Ordinance. Page I of20 Section 2: Severability If any word , phrase, sentence , part, section, subsection, or other portion of this Article or any application thereof to any person or circumstance is declared void, unconstitutional , or invalid for any reason , then such word, phrase , sentence, part, section, subsection, or other portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of this Article, and all applications thereof, not having been declared void , unconstitutional , or invalid , shall remain in full force and effect. S ection 3 : Definitions F or the purposes of this Article , and where not inconsistent with the context of a particular section, the defined terms , phrases , words , abbreviations , and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word "shall " is always mandatory, and not merely directory. As used in this Article , the following terms shall have the meanings ascribed below: A bandonment -The intent to abandon or discontinue operations as evidenced by voluntary conduct or failure to use a wireless telecommunications facility for a period of si x months or more . Accessory Facility or Structure -Means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities , and located on the same property or lot as the wireless telecommunications facilities , including but not limited to: utility or transmis sion equipment storage equipment storage sheds or cabinets . Accessory Use -A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure , and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or ex isting structure . A lternative tow er s tructure -Means man-made trees , clock towers , bell steeples , light poles and similar alternative-design structures , that in the opinion of the City Council , are compatible with the natural setting and surrounding structures , and effectively camouflage or conceal the presence of antennas or towers. A ntenna -Means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio , television, cellular, paging, Personal Communications Services (PCS), microwave telecommunications and services not licensed by the FCC , but not expressly exempt from the City 's siting, building and permitting authority. 2 Antenna Array -means a single set or group of antennas and their associated mounting hardware , transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant -means a person or entity submitting an application for a special use permit for a wireless telecommunications facility , including the property owner, antenna support structure owner, and any proposed tenants for the facility. A ttached Wir eless Telecommunications Facility -means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunication s facility is considered to be an accessory use to the ex isting principal use on a site. Co-location -means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Conce aled -means a wireless telecommunications facility that is disguised , hidden, part of an ex isting or proposed structure or placed within an existing or proposed structure, to include antennas , ancillary structures , and utilities. D irectional antenna -means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) -The product of the antenna power input and the numerically equal antenna power gain. FAA -means the Federal Aviation Administration. F CC -means the Federal Communications Commission. Guy tower -means a tower supported, in whole or in part, by guy wires and ground anchors . H e ight -See Structure Height Hi s toric or Scenic Views -means geographic areas in Milton which have been formally designated as part of any Historic District; have been included in any nature preserve or scenic preservation efforts ; or have sufficient historic or scenic merit as determined by the City Council and the Historic Preservation Commission so as to require preservation. A scenic view may vary from a stationary viewpoint or be seen as one travels along a roadway or path, and as having historic and/or architectural significance through an ordinance, guideline, map, listing or designation by a local , state or federal government. 3 Lattice tower -means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunication s facility -means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated , either building-mounted or ground mounted; transmitting and receiving antennas ; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities , freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Low power telecommunications facility -means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP), including but limited to the following : a. Point-to-point microwave signals. b. Signals through FM radio transmitters. c. Signals through FM radio boosters under 10 watts ERP. d. Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and Personal Communications Networks (PCN). e. Private , low power mobile radio services which include industrial , land transportation , emergency public safety and government, automatic vehicle monitoring , personal mobile (CB's) and HAM operators. Low power telecommunications facility accessory building -means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network -means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Master Siting Plan -refers to the siting map developed by staff and approved by City Council to identify appropriate sites for the location of wireless transmission facilities as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers. Micro-cell -means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna -means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Monopole -means a cylindrical self-supporting i.e. not supported by Guy Wires , communications tower constructed of a single spire , used to support telecommunications equipment. 4 Omni-directional antenna -means an antenna that is equally effective in all directions , the size of which varies depending on the frequency and gain for which it is designed. Planning and Zoning -See Community Development. Planning Commission -means the Planning & Zoning Commission of the City of Milton, Georgia. Pre exis ting Tower s and Preexisting Antennae mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this Article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Repeater -means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility . Roof and/or building-mounted telecommunications facility -means a low power mobile radio service telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility . Such facilities may include micro-cell and/or repeater facilities. Screening -The use of design, existing buildings and structures , existing and proposed vegetation and color to obscure a wireless telecommunications facility. Separation -The vertical distance between one carrier's antenna array and the antenna array of another carrier. Sectoriz ed panel antennas -means an array of antennas, usually rectangular in shape , used to transmit and receive telecommunications signals . Siting -The method and form of placement of a wireless telecommunications facility on a specific area of a property. Structure Height -means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically Feasible and Viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. 5 Telecommunications Facility -means a te lecommunications tower, monopole tower, antenna or any and all bui ldings , structures , or other supporting equipment used in connection with a telecommunications tower, monopo le tower, or antenna. Monopole Self-Sup porting Guyed 100-200 feet tall 100-4001 feet tall 100-2 , 150 feet ta I Source: www.cdc.gov/niosh Tower -means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving ana log , digital , microwave , cellul ar, telephone, personal wireless service or simi lar forms of e lectronic communication, including self- supporting lattice towers , guy towers or monopole towers constructed as a free-standing structure or in association with a building or other permanent structure. Towers include radio and television transmission towers , microwave towers , common-carrier towers , cellular and digital telephone towers , alternative tower structures , and the like. Whip antenna -means an antenna that is cy lindrical in shape. Whip antennas can be directional or omni-directional ; size varies with the frequency and gain for which they are designed. Wireless Telecommunications Facility (WTF) - A staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications , and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The fo ll owing non-exclusive list shall be considered a wireless telecommunications faci lity: new and existing antenna support structures , replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications faci l ities . For purposes of this ordinance , wireless te lecommunications and their facilities shall not refer to broadcast radio or television transmission facilities. Also see Telecommunications Facility 6 WTF -See Wireless Telecommunications Facility. Section 4: Applicability. All new wireless towers and antennas shall be subject to the regulations contained within this article except as provided in subsections a-c , inclusive : (a) Public Property. Nothing in this article shall be read to prohibit a government owned tower from being located at a specific site when the tower is required to protect the public welfare or safety. (b) Amateur Radio; Receive-Only Antennas. This Article shall not govern any amateur radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. (c) Pre-Existing Towers and Antennas . Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article shall not be required to meet the provisions of this Article , other than the requirements of Section 7. Any such towers or antennae shall be referred to in this Article as "preexisting towers" or "preexisting antennae." However, in the event a preexisting tower or antennae ceases to function , then the subject tower, antennae and related equipment shall be removed from the subject property within ninety (90) days. Section 5 : General Requirements. (a) An application shall be required for the construction or placement of all new wireless transmission facilities and new co-location facilities , antennas or towers within the City limits. Approval of any application for the construction of a tower or placement of an antenna shall be based on consideration of the following factors : ( 1) Proximity to residential structures and residential district boundaries ; (2) The proposed height of the tower; (3) Nature of uses on adjacent properties ; (4) Surrounding topography, tree coverage and foliage; (5) Design of the facility , with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness ; (6) Proposed ingress and egress; (7) Availability of suitable existing towers , other structures, or alternative technologies (microcells) not requiring the use of towers or structures . 7 (8) Demonstrated need for the telecommunications facility at the specified site. (9) Utilization of the City of Milton Master Siting Plan , as amended. (b) All applications submitted to the Community Development Department shall include a complete inventory of the applicant's existing wireless transmission facilities including towers and receivers/transmitters located within the City of Milton or a one-half mile radius surrounding the city limits , including each asset's location (plane coordinates), height and co-location usage or capabilities , and any special design features. The City shall utilize such information , subject to any restrictions on disclosure requested by the applicant , to promote co-location alternatives for other applicants. ( c) At the time of filing the application for construction or placement of a wireless transmission facility , the applicant shall provide a site plan and information regarding tower or accessory structure location , neighboring uses and proposed landscaping as described below. Additional documentation to be submitted with the site plan and certified by an experienced radio frequency engineer shall delineate coverage and propagation zones , identify type of antenna and mounting location , specify type of band currently in use , and state co-location capabilities. (1) The scaled site plan shall clearly indicate the location, type and height of the proposed tower or accessory structure to be utilized , on-site land uses and zoning , adjacent land uses and zoning including proximity to historic or scenic view corridors , adjacent roadways , proposed means of access , setbacks from property lines , elevation drawings of the proposed tower , accessory structure and any other structures , topography, parking , and other information deemed necessary by the Community Development Director to assess compliance with this Article. (2) Legal description of the parent tract and leased parcel (if applicable). (3) A study including a definition of the area of coverage and radio frequency goals to be served by the antenna or tower and the extent to which such antenna or tower is needed for coverage and/or capacity. A professional engineer stamp shall also be required for the study. (4) The setback distance between the proposed wireless transmission facility and the nearest residential unit or residentially used structure. (5) Structural integrity analysis where antennas and equipment will be attached to an existing structure (6) Landscaping shall be designed in such a way as to preserve existmg mature growth and to provide in the determination of the Design Review Board , a suitable buffer of plant materials that mitigates the view of the telecommunications facility and accessory structures from surrounding property. 8 ( d) Each application shall be accompanied by a fee of one thousand dollars ($1000.00) to offset the costs associated with processing such application. In addition , applicants shall be responsible for independent engineering costs incurred by the City which exceed such fee up to an additional two thousand dollars ($2 ,000.00), if requested by the City. The applicant shall be responsible for additional fees throughout the process as described further within this Article. All fees are subject to change as amended by the Mayor and City Council by resolution. ( e) Landscaping p lans and the design and p lacement of the wireless transmission facility on an approved site shall require review and approval of the appropriate Overlay District Design Review Board prior to issuance of a building permit to insure architectural and aesthetic compatibility with the surrounding area . (f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated . (g) In approving any application, the Director of Community Development, applicable Design Review Board, or Council may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties . Section 6: Development Requirements for Towers. (a) Towers may be located only in the following zoning districts subject to the restrictions and standards contained herein: O-I Office and Institutional District C-1 or C-2 Commercial District M-1 , M-2 or M-lA Industrial District AG-1 Agricultural District A or AL Apartment District or Apartments Limited (b) No new wireless transmission faci lities shall be located within 2500 feet of any preexisting wireless transmission site unless such new facility is concealed through use of alternative tower structures or is otherwise camouflaged, and a variance is granted by the Zoning Board of Appeals of the City of Milton. ( c) All applicants seeking to erect a tower must demonstrate that no existing tower or structure can accommodate the proposed antenna(s). Evidence of an engineering nature shall be documented by the submission of a certification by an engineer. Such evidence shall consist of, but not be limited to, the following : 1. No existing towers or structures are located within the geographic area required to meet app licant's engineering requirements. 9 2. No existing structure is of sufficient height to meet the applicant 's engineering requirements . 3. No existing tower or structure has sufficient structural strength to support applicant's proposed antenna(s) and related equipment. 4. Applicant 's proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing tower or structure. 5. 6. Such other limiting factor(s) as may be demonstrated by the applicant and verified by an engineer of the City's choosing. ( d) Setbacks : Setbacks for towers and above-ground transmission facilities shall be as follows: 1. All transmission facilities , except buried portions , shall be set back from all adjoining properties zoned non-residential a distance equal to the underlying setback requirement in the applicable zoning district. 2. When a tower is adjacent to a residential use or residential zoning , the tower and entire transmission facility must be set back from the nearest residential lot line a distance equal to the height of the tower. (e) Unless otherwise specified by Community Development Staff and the Design Review board , towers and above ground equipment shelters shall be enclosed by vinyl clad chain link security fencing not less than 6 feet in height and shall be equipped with an appropriate anti- climbing device. Said fencing shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards unless the City of Milton Arborist determines that existing plant materials are adequate. (t) All new towers in excess of 100 feet which do not incorporate alternative design features must be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS !Zoning District ITwo Users IThre;;-u;:;;,s ~ jo-1 ~-fis o' j1so ' ~C--1-/C---2/_M_--1/M---lA/-~ ~--~ M-2/A/AL/AG-1 I I I (g) All towers and their related structures shall maximize the use of building materials, colors, textures, screening and landscaping that , in the opinion of the Design Review Board and staff, effectively blend the tower facilities within the surrounding natural setting and built environment. Where appropriate, towers shall be painted so as to reduce their visual obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA). (h) Roof top antennas and associated structures shall not project more than 10 feet above roof lines. (i) The structure shall comply with applicable state and local statutes and ordinances, including, but not limited to , building and safety codes. Structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. (j) Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). (k) Structures shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time . (1) Structures shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. (m) A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the city in writing of any intent to abandon the use of the tower. (n) Communication facilities shall not be located in 100-year flood plain or delineated wetlands . (o) All guy wires must be anchored on site and outside of right-of-way and outside minimum building setback. (p) Structures not requiring FAA painting/marking shall have either a galvanized finish or be painted a dull blue , green, gray, or black finish. Section 7: Use Permit; Approval Process. (a) Subject to certification by the Director of Community Development of compliance with the general requirements and standards enumerated herein and with the consent of Council, the following uses are subject to expedited approval of a use permit, which shall be defined as approval within sixty (60) days of receiving applications, supporting engineering certifications and lease approval , if any, without the necessity of public hearing: 11 1. Antennas or towers located on property owned, leased , or otherwise controlled by the City of Milton provided accessory structures are located underground, where technically feasible , and a license, permit or lease authorizing such tower is thereafter approved by City of Milton. 2 . Installing an antenna on an existing structure , so long as said installation is considered to be a stealth technology installation that does not significantly change the profile of the existing structure and so that the installation is not readily noticeable to the untrained eye . Such installations including cables leading to the antennas shall be painted to match the paint and colors on the ex isting structure and shall not protrude from the existing structure in a noticeable fashion. 3. Co-location by installing an antenna on any existing tower or alternative tower structure. 4 . Replacing an existing tower with a new tower designed to accommodate two or more users so long as such new tower does not exceed the height limitations of section 5 (f) abo ve and setback requirements of this Article are met. After the replacement tower is built, only one tower shall remain on such site. Support equipment shall , where technically feasible , be located underground. 5 . Locating any alternative tower structures provided accessory structures are located underground, where technically feasible , or otherwise incorporated into the alternative structure. 6 Installing any antenna or tower not to exceed the limitations contained in section 5(f) in any area z oned M-1 , M-lA, M-2 , A , AL , AG-1 , C-1 or C-2 and provided accessory structures are located underground, where technically feasible , or shielded to the satisfaction of the Design Review Board. 7 Installing any antenna or tower in a location identified on the City of Milton Master Siting Plan, as amended, provided accessory structures are located underground where technically feasible , or shielded to the sati sfaction of the Design Review Board. If the City Council determines that any application does not meet the general application requirements , development requirements and/or standards enumerated herein, or such application conflicts with the Master Siting Plan, approval of the use permit application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to the Fulton County Superior Court by writ of certiorari. For purposes of this section, an aggrieved party is one who demonstrates that his or her property will suffer special damage as a result of the decision complained of rather than merely some damage that is common to all property owners and citizens similarly situated. 12 (b) If the proposed to wer or antenna is not included under the above described expedited approval uses , or the application does not on its face satisfy the development standards and other criteria specified herein, then the use permit application will require a public hearing before the Mayor and Council and review by the City Planning Commission for a use permit for the construction of a wireless transmission facility in all zoning districts. Applicants shall appl y for a use permit through the Community Development Department and pay the required five hundred dollar ($500.00) fee at such time. Applications, when complete, shall be placed on the next available agenda of the City Planning Commission, followed by the next City Council meeting at which zoning matters are considered . At least thirty (30) day s prior to any scheduled hearing , the Community Development Department shall cause a sign to be posted on the property and the publication of a public notice in a newspaper of general circulation. Said notice shall state the nature of the application, street location of the proposal and height of the proposed structure. Before approving a use permit, the governing authority may impose conditions to the extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties. The factors considered in granting such a permit include those enumerated in Sections 4 and 5 above . The Mayor and Council may waive one or more of these criteria, if, in their discretion doing so will advance the goals of this article as stated in Section 2 above. Approved applications shall be valid for one (1) year from the date of the approval by the Mayor and Council. S ection 8: Maintenanc e of Facilitie s. (a) All wireless transmission facilities and related landscaping shall be maintained by the facility owner in good condition, order, and repair so that they shall not endanger the life or property of any person, nor shall they be a blight upon the property as determined by the Community Development Director. (b) All maintenance or construction on wireless transmission facilities shall be performed by persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday ex cept in cases of emergency or when an after-hours permit is obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on City owned property shall be determined on a case-by-case basis by the department responsible for such property. The hours of access to City sites shall not exceed those specified above. Persons may not be present on site unless performing construction or maintenance at such site. (c) The owner or user of any telecommunications facility shall be required to submit a "Facility in Use Certification" annually to the Community Development Department. Any antenna or tower that is not operated for a continuous period of twelve (12) months or is not properly maintained shall be considered abandoned, and the owner of such antenna or tower shall remove same and any structures housing supporting equipment within ninety (90) days of receipt of notice from the governing authority of such abandonment. If such antenna or tower is not removed or returned to good condition within said ninety (90) days , the governing authority 13 may remove such antenna or tower at the owner's expense and a lien shall be placed upon the property. Section 9: Waiver of Requirements. No exception, waiver or variance to the conditions and requirements contained herein shall be granted unless expressly provided for in this Article , or the Mayor and Council find that the proposed tower or wireless transmission facility is necessary and essential to providing the wireless service . Section 10: Facilities Lease . The City Council may approve facilities leases for the location of wireless transmission facilities and other telecommunications facilities upon City owned property. Neither this section, nor any other provision of this article shall be construed to create an entitlement or vested right in any person or entity of any type. Section 11: Lease Application. Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article shall file a lease proposal with the City's Community Development Department which, m addition to the information required by Section 4, shall include the following: a. A description of the wireless transmission facilities or other equipment proposed to be located upon City property; b. A description of the City property upon which the applicant proposes to locate wireless transmission facilities or other equipment ; c. Preliminary plans and specifications in sufficient detail to identify: 1) The location(s) of existing wireless transmission or telecommunications facilities or other equipment upon the City property , whether publicly or privately owned. 2) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. d . Accurate scaled conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed wireless transmission facilities or other equipment; e. Whether the applicant intends to provide cable service, video dial tone service or other video programming service from the facility , and sufficient information to determine whether such service is subject to cable franchising; 14 f. An accurate map showing the location of any wireless transmission or telecommunications facilities in the City that applicant intends to use or lease; g. A landscaping bond in an amount to be determined by the city arborist; h. Such other and further information as may be requested by the City; and 1. An application fee for lease negotiation in the amount of $250 .00 . Section 12 : Determination by the City. Recognizing that the City is under no obligation to grant a facilities lease for the use of City property, the City shall strive to consider and take action on applications for facilities leases within 60 days after receiving a complete application for such a lease. When such action is taken, the City shall issue a written determination granting or denying the lease in whole or in part, applying the standards set forth below, or any other such criteria as the Mayor and City Council may choose to apply. If the lease application is denied, the determination shall include the reason for denial following review of these factors: a . The capacity of the City property and public right-of-ways to accommodate the applicant's proposed facilities. b. The capacity of the City property and public right-of-ways to accommodate additional utility and wireless transmission or telecommunications facilities if the lease is granted. c. The damage or disruption, if any, of public or private facilities , improvements, service, travel or landscaping if the lease is granted. d. The public interest in minimizing the cost and disruption of construction upon City property and within the public ways. e. The service that applicant will provide to the community and region. The effect, if any, on public health, safety, and welfare if the lease requested is approved. The availability of alternate locations for the proposed facilities. f. Whether the applicant is in compliance with applicable federal and state telecommunications laws, regulations and policies, including, but not limited to , the registration requirements administered by the Georgia Public Service Commission. g. The potential of radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. 15 h. The potential for radio frequency and other interference or impact upon residential , commercial, and other uses located within the vicinity of the City property. 1. Recommendations of the Public Works Department with respect to maintenance and security of water towers . J. Such other factors , such as aesthetics , as those factors may impact the community. k. The maximization of co-location opportunities with other similar uses. Section 13 : Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property. Section 14: Nonexclusive Lease. No facilities lease granted under this Article shall confer any exclusive right , privilege, license, or franchise to occupy or use City property for delivery of telecommunications services or any other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place a wireless transmission facility. Section 15 : Term of Facilitie s Lease . Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be valid for a term of up to five (5) years , with the lessee granted a maximum of three (3) five (5) year renewal options which options shall also be subject to approval of Council. The term of any such agreement shall not exceed twenty (20) years. Section 16: Rights Granted. No facilities lease granted under this Article shall convey any right, title or interest in the City property, but shall be deemed a license only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title. Section 1 7: Interference with Other Users . No facilities lease shall be granted under this Article unless it contains a provision which is substantially similar to the following: The City has previously entered into leases with other tenants for their equipment and wireless transmission facilities. Lessee acknowledges that the City is also leasing the City property for the purposes of transmitting and receiving telecommunication signals from the City property. The 16 City , however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the lessee's use of the City property, and the lessee cannot work out this interference with the other tenants, the lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other facilities located upon the City property subject to this lease . Section 18: Ownership and Removal of Improvements. No facilities lease shall be granted under this Article unless it contains a provision which states that all buildings , landscaping , and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after receiving notice from the City requiring removal of the improvements. In the event that wireless transmission facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days written notice from the City. Section 19 : Compensation to the City. (a) Each facilities lease granted under this Article is subject to the City's right , which is expressly reserved , to annually fix a fair and reasonable compensation to be paid for the rights granted to the lessee ; provided, nothing in these sections shall prohibit the City and a lessee from agreeing to the compensation to be paid . Such compensation shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. The compensation shall be negotiated by the City Manager or designee , subject to the City Council ' s final approval , based on the following criteria: (1) Comparable lease rates for other public or private property; (2) In the case land is leased , an appraisal opinion upon which the land and air space is rented ; (3) If structure of another user is involved , any amount needed to reimburse that user; in addition to the above; (4) A yearly escalator rate commonly used in comparable leases. 17 (5) The additional rent such structure may generate if leased to additional users. (The City should be entitled to rent as a result of a sublease). (6) Additional fees or charges may be established by the City to cover actual costs of processing the application , including engineering review , inspection and appraisal cost , legal , administration of the agreement , providing on-site services , and/or other direct or indirect costs. Sec tion 20: Amendment of Facilities Lease. Except as provided within an existing lease agreement , a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand , modify , or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property , the City shall grant a lease amendment without further application. Such amendment must be approved by Council. S ection 21: Renewal Application. A lessee that desires to exercise a renewal option in its facilities lease under this Article shall , not more than one hundred eighty (180) days nor less than one hundred twenty (1 20) days before expiration of the current facilities lease term , file an application with the City for renewal of its facilities lease which shall include the following: a. The information required pursuant to Section 12 of this Article; b. Any information required pursuant to the facilities lease agreement between the City and the lessee ; c. A report certified by a radio frequency engineer that the site is in compliance with current FCC radio emission standards . d. All deposits or charges required pursuant to this Article; and e. An application fee which shall be set by the City Council as referenced in this Article or as amended from time to time by resolution . Section 22: Renewal Determination. Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the use of City property , the City shall strive to consider and take action on applications for renewal of such leases within 30 days after receiving a complete application for such a lease renewal. When such action is taken, the City shall issue a written determination granting or denying the lease renewal in whole or in part, applying the standards set forth below, or any other such criteria as the City Council may choose to apply. If the renewal application is denied , the written determination shall include the reason for denial; such denial may be made after review of these factors or on other grounds as determined by Mayor and Council: a . The financial and technical ability of the applicant. b. The legal ability of the applicant. 18 Section 23: c. The continuing capacity of the City property to accommodate the applicant's existing facilities. d. The applicant's compliance with the requirements of this Article and the lease agreement. e. Applicable federal , state and local telecommunications laws, rules and policies . f. Continued need for the facility in light of technological advances and current industry standards. g. Such other factors as may demonstrate that the continued grant to use the City property will serve the community interest. Obligation to Cure as a Condition of Renewal. No facilities lease shall be renewed until any ongoing vio lations or defaults in the lessee's performance of the lease agreement, or of the requirements of these sections, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City. In no event shall a facilities lease be renewed if lessee fails to cure. 19 ,(deity of Mi lton fulto u County, Georgia Ma ster Siting Plan • Monopole •') Sell-Supporting ,H' Permkted Cell Site e School -~-lllt1t:C. efa...,c_....,1'!1Ma '-----• ...... --u S . 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