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HomeMy WebLinkAboutPacket - PC - 06-26-2007 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 PLANNING COMMISSION AGENDA Tuesday, June 26, 2007, 7:00 pm Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation I. Invocation II. Call to Order III. Pledge of Allegiance IV. Public Comment V. Approval of Minutes Minutes from the May 22, 2007 Planning Commission Meeting Approval VI. Amendment of By-Laws Approval VII. REZONINGS Deferred A. RZ07-003 VC07-003 12608 Crabapple Road to rezone from AG-1 to MIX to develop 12,000 square feet of Commercial and 31 units of Residential and a 2 part concurrent variance to reduce the 75-foot buffer and 10 –foot improvement setback to a 10-foot landscape strip adjacent to residential and to increase the number of stories to 3 and 40 feet high by Trinity Land Group,LLC CZIM-4/25/07 DRB-7/10/07 MCC-7/12/07 Denial Denial Deferral until 6/26/07 PC Meeting VIII. REZONINGS New A. RZ07-005 VC07-002 855 Mayfield Road To rezone from AG-1 to MIX to develop a total of 16,685 sq.ft. of medical and general office; 4,000 sq.ft of commercial; and 10 residential units. Request to reduce the 75- foot buffer and 10-foot improvement setback to a 15-foot landscape strip adjacent to AG-1by Milton Medical Holdings, LLC c/o Jay Davis. CZIM-5/23/07 DRB-6/3/07 MCC-7/12/07 Denial Denial **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; CDRM-Community/Developer Resolution Meeting; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\Master PC Agenda 6 26 07\6 26 07 Link Folder\PCAGENDA JUNE.doc 1 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation IX. Zoning Text Amendments A. RZ07-006 Article 33.25.B.1.c; 33.25.C.1.c.; 33.25.D.1.h; 33.25.E.2.h; 33.F.1.h.; 33.25G.2.h. to increase the height of a flag pole from 20 feet to 25 feet MCC-7/12/07 Approval X. ADJOURN **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; CDRM-Community/Developer Resolution Meeting; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\Master PC Agenda 6 26 07\6 26 07 Link Folder\PCAGENDA JUNE.doc 2 By-Laws of the City of Milton Planning Commission Article I Establishment Section 1: The Planning Commission is created per Chapter 2, Administration, Article 3, City Advisory Boards, Commissions and Authorities, of the City of Milton Code of Ordinances, and its membership has been appointed by the Mayor and City Council based on the composition and term requirements as required therein. Section 2: As allowed by Chapter 2, Administration, Article 3, City Advisory Boards, Commissions and Authorities, of the City of Milton Code of Ordinances, the Commission hereby adopts the rules, procedures, and guidelines for the transaction of its business as referenced herein. Article II Purpose Section 1: The Planning Commission is an advisory board which reports its findings and recommendations to the Mayor and City Council. The Planning Commission is charged with actively participating in the creation of Milton’s Comprehensive Plan and thereafter proactively recommending changes to that Comprehensive Plan, as required, to insure that it is consistent with the wants and needs of the residents and property owners of the City of Milton. Section 2: The Planning Commission is charged with evaluating proposed rezonings, use permits, concurrent variances, zoning ordinance amendments and changes to the zoning map in relation to the Comprehensive Plan and making its recommendations based on the following seven (7) factors: The Planning Commission bases its decisions on compliance with the established policy of the Comprehensive Plan and other related Plans and through an investigation and recommendation with respect to the seven (7) factors listed below: A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property; B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property; C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; 6/21/2007 Revision 1 D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing streets, transportation facilities, utilities, or schools; E. Whether the zoning proposal is in conformity with the policies and intent of the land use plan; F. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal; and G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of Milton. Section 3: The Planning Commission will proactively evaluate and recommend changes to subdivision regulations, zoning ordinances and zoning maps as appropriate as well as the overall planning processes that are utilized in the City of Milton, consistent with the laws of the State of Georgia. Article III Election of Officers Section 1: This Commission shall elect, yearly, a Chair from among its members. Section 2: The Commission deems that a chair shall be elected, by a majority of the Commission’s membership, and shall serve a term as per the Resolution The Chair shall preside over the Commission and have the right to vote. Section 3: In addition, the Commission deems it necessary to elect a Vice Chair, by a majority of the Commission’s membership, who shall serve a term as per the Resolution. In the absence or disability of the Chair, the Vice Chair shall perform the duties of the Chair. Article IV Member Duties Section 1: Per Chapter 2, Administration, Article 3, City Advisory Boards, Commissions, and Authorities, of the City of Milton Code of Ordinances, Commission members must attend two-thirds (2/3) of the meetings in a calendar year. Failure to do so warrants removal from the Commission. Section 2: Each Member shall share with all other Members and City staff any written material (including e-mails) received by that Member that is related to a matter before the Planning Commission. Section 3: No Member shall discuss any matters pending before the Planning Commission outside of public hearings or public meetings related to such matters. Section 4: Each Member shall recuse him/herself in the event of any conflict of interest with regard to a matter pending before the Planning Commission. 6/21/2007 Revision 2 Formatted: Left Article V Meetings Section 1: Regular meetings of the Commission shall be held on the fourth (4th) Thursday of each month at 7:00 p.m. at the City of Milton City Hall, located at 13000 Deerfield Parkway, Building 100, Council Chambers, Milton, Georgia 30004. Section 2: Special Meetings of the Commission may be called by the Chair, provided public notices are posted as required by law and all members are notified. Section 3: A quorum shall be present for a meeting of the Commission to begin. A majority of the members of the Commission (four (4) members) shall constitute a quorum. Section 4: All meetings shall be open to the public. The staff is directed to draft an agenda for meetings based on the order of business as follows. The agenda shall be followed unless the Chair makes a motion to hear items on the agenda out of their assigned order. 1. Pledge of allegiance/invocation 2. Consideration of minutes/actions of previous meetings. 3. Considerations of Rezoning and Use Permit Applications 4. Consideration of Text Amendments to the City of Milton Zoning Ordinance. 5. Consideration of changes to the City of Milton Comprehensive Plan and other plans. Section 5: The Chair shall call the meeting to order and read the following statement prior to consideration of the agenda: This is a regular meeting of the City of Milton Planning Commission. I am ________________(Chair person or Vice Chairperson . This is a seven-member Commission appointed by the City of Milton Mayor and City Council, created for the purpose of holding public hearings and making recommendations on rezoning, use permits, concurrent variance applications, Comprehensive Land Use Plan and Plan Map and other related Plans, and amendments to the Zoning Ordinance. INTRODUCE BOARD MEMBERS The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you with some of the rules and procedures conducting this meeting. The applicant, and all those speaking in support of an application, will be allowed a total of ten (10) minutes to present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by the opposition. The opposition will be allowed a total of ten (10) minutes to present its position. If time remains, the opposition will be allowed to rebut. Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks, provided time remains with the allotted time. 6/21/2007 Revision 3 The staff of the Community Development Department will be keeping track of time and will inform you periodically of the remaining time for your presentation. Each Speaker must fill out a speaker card before speaking and leave it with a staff member of the Community Development Department. All speakers will identify themselves by name, address and organization, if applicable, before beginning their presentation. Each application has been properly filed with the Department of Community Development. Signs have been posted on each site, the matter has been advertised and the notices have been mailed to property owners affected by this zoning as required by the Milton Zoning Ordinance. The Planning Commission’s recommendation will be forwarded to the City of Milton Mayor and City Council for final disposition. The Mayor and City Council hearing will be held approximately 3 ½ weeks from this hearing, on the third (3rd) Thursday of each month at 7:00 p.m. in the Council chambers. The Community Development Department has reviewed each application in conjunction with various agencies and departments, both internal and external to the City. Staff’s recommendations, findings, and conclusions are here before us in written form which has been made available to all petitioners and to the public. Demonstration of any sort within the chamber is prohibited, so please refrain from any applause, dialogue with the person speaking or outburst. Please turn off all cell phones, or place them on silent. All remarks will be addressed by the Planning Commission. Please show the same respect to the person speaking that you will expect to receive yourself. In addition, the applicant shall not submit material to the Planning Commission during the meeting, unless requested to do so by the Commission. All material that you wish to be reviewed by the Commission in consideration of your application should be submitted to the staff of the Community Development Department, to be included in the normal distribution of packages to the Commission. Finally, to the applicant, if your petition is deferred in accordance with the Milton Zoning Ordinance, you are required to update or obtain a new sign for reposting. Failure to update or re-post will result in further delay. THERE ARE NO EXCEPTIONS. CALL FOR GENERAL PUBLIC COMMENT. Time will be limited to 2 minutes per person, not to exceed 14 minutes. Section 6: All applications to the Commission shall be accompanied by the applicant or agent representing the applicant. Should the applicant or agent for a particular application not be present at the time the subject application is heard, the application shall be moved to the end of the agenda. Should the applicant or agent not be available at the time of reconsideration at the meeting, the Commission shall vote to defer the application to the next available Commission meeting within which time the applicant shall have met all applicable deadlines for the resubmitted material. Section 7: Consideration of applications by the Commission shall be as follows: 6/21/2007 Revision 4 1. Call for the first agenda item. 2. The Chair identifies the application. 3. The staff presents the application 4. The Chair calls for the applicant to present the application. (The applicant will have a time limit of 10 minutes.) 5. The Chair calls for public comment regarding opposition to the application. (There will be a time limit of 10 minutes for public comments.) 6. The Chair calls for the applicant to present a rebuttal or closing statements, if allotted time remains. 7. The Chair calls for the opposition to a petition to present a rebuttal, if allotted time remains. 8. If the opposition has chosen to rebut the applicant rebuttal or closing statement, the Chair shall call the applicant to present final closing statements, if allotted time remains. 9. The Chair calls the public meeting closed. 10. The Commission addresses questions to the applicant, staff, and the public regarding the application. 11. The Chair calls for a motion on the application. 12. The Chair calls for a second on the motion. 13. The Chair calls for a discussion on the motion. 14. The Chair calls for a vote on the motion. Section 8: Decisions of the Commission shall be by a majority vote of the members present. The Commission may move to recommend approval of an application, approval conditional denial, or deferral. A vote on a motion resulting in a tie of the members present shall constitute a failed motion. The commission must take an action on an application if it is on a scheduled agenda. Section 9: The applicant and all those speaking in support of an application will be allowed a total of ten (10) minutes to present the petition. The applicant may choose to save some of the time for rebuttal following the presentation by the opposition. The opposition will be allowed a total of ten (10) minutes to present its position. However, time may be extended by majority vote. If time remains, the opposition will be allowed to rebut. Section 10: The Planning Commission will not accept material submitted to the Commission during the meeting, unless requested to do so by the Commission. The Commission shall only consider that material which has been submitted to the Community Development Department and is included in the normal distribution of packages to the Commission. This shall include the consideration of revised site plans that have not yet been accepted ore reviewed by the Staff of the Community Development Department. Article VI Modification of Bylaws Section 1: Except for those requirements regulated by the City of Milton Code of Ordinances, any of these Procedures may be modified by a majority vote of the Planning Commission at any regular meeting, provided the amendment was submitted in writing at a previous meeting and that said notification contains a full statement of the proposed amendment. Any proposed amendment: 1. Must include existing and proposed texts. 6/21/2007 Revision 5 2. Must include a statement of the purpose and intended effect of the proposed change. 6/21/2007 Revision 6 PETITION NUMBER: RZ07-003 VCO7-003 PROJECT NAME THE PARK AT CRABAPPLE PROPERTY INFORMATION ADDRESS 12608 Crabapple Road DISTRICT, LAND LOT 212 1135 OVERLAY DISTRICT Cra bapple Crossroads EXISTING ZONING AG-1 (Agriculf ural) Use Permit for Church pursuant to U97-60 Use Permit for Cell Tower pursuant to U88-80 ACRES 5.03 PROPOSED ZONING MIX (Mixed Use) EXISTING USE Church with house and barn PROPOSED USE 1 2,000 square feet of retail in 2 buildings 15 Condominiums, 2 detached townhomes, and 13 single family homes for a total of 30 residential units* OWNER Lee Kim and Young Kim ADDRESS 1 2608 Crabapple Road, Milton, GA 30004 PETITIONER/REPRESENTATIVE Trinity Land Group, LLC Peter and Karen Sanders ADDRESS 30 7 Red Gate Overlook, Canton, GA, 301 1 5 PHONE 770-888-3274 INTENT To develop 12,000 square feet of retail at an overall density of 2,385.68 square feet per acre within 2 buildings each containing 6,000 square feet with 15 condos above the retail; to develop 2 detached townhomes and 13 single family homes for a total of 30 residential units at an overall density of 5.96 units per acre. The applicant is also requesting a two part concurrent variance; Part I : To increase the height of the 2 retaillresidential buildings from 30 feet to 40 feet and to allow 3 stories. (Article 12H.3.5.D.l.) Part 2: to reduce the 75-foot undisturbed buffer and 10-foot improvement setback to a 10-foot landscape strip along the west property line up to Brunyan Trail ( 12H.3.1 .C.2.) " *Based on the revised site plan submitted lo the Community Development Deportment on 6/7/07 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/2 1 /ZOO7 Page 1 of 32 RZOJ-003NC07-003 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION CITY OF MILTON PLANNING COMMISSION - MAY 22,2007 DEFERRAL UNTIL JUNE 26,2007 PLANNING COMMISSION MEETING (The Planning Commission requested the applicant to revise the site plan to reflect the Staff's recommendation of residential: address the Fire Department's comments; the Arborist's comments and allow Staff to review the traffic study submitted at the Planning Commission meeting.) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION (Based on the Revised Site Plan Submitted on 6/7/07) RZ07-003 - DENIAL VC07-003- PART 1 & 2 - Df NIAL *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26,2007 612 1 /2007 Page 2 of 32 RZ07-M)3/VCO?-003 LOCATION MAP 'Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for f he Pbnning Commission Meeting on June 26, 2007 Poge 3 of 32 CURRENT ZONING MAP *Based on the revised site plan swbrnRted to the Community Development Depadment on 6/7/07, Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21 /2007 Page 4 of 32 RZ07-003NC07003 Cmm,- ,HI-- cnn, i5bge 3tbx Use W lage 27 7e. Resrrta' Sl& '2: ?+ Pxident3 .3 Crabapple Crossroads Land Use Plan Map *Based on the revised site plan submitted to the Community Development Deportment on 6/7/07. Prepared by the Community Development Department for the 'Planning Commission Meeting on June 26,2007 6/21 /2#7 Page 5 of 32 RZ07M13NC07-003 mo7-003 RECEIVED I !,-"' , 7 :,.- I , ----" CFflfJk~ Co~il-~ Ot-~lilfmem I 7 .% 141 I . m '.1 C ..,. 1 I r-------- 11') .I I I L- 34'. 3.1 -6 &"l',-%t , . "- / --- - ' -,. I.. d----<+. , , <-.. , ...* ..V -I ..' ' L. -*- __-- i-- --- - I I .. .. : ,.-. ,:a -.. , '..* < i .. Ti... ..,,a -. , . . . l c---: .r .I. . . - - 4 3. CONCEIT SITE PIAN ,*11 '3 . I-=-I & THE PARK AT CRABAPRE 1 :r .:- ORIGINAL SITE PLAN 'Based on the revid site plan submitted to the Community Development Department on 6/7/07 Prepared by the Community Development Department far the Planning Commission Meeting on June 26, 2007 Page 6 of 32 i-; - q - :j ,,: -: CONCEPT SITE PLAN (f-3 b.. !b r-4 THEPARKATCRABAPPLE 1(1-. - LC Kc 15Y REVISED SlTE PLAN- JUNE 7,2007 *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Deportment for the Planning Commission Meeting on June 26, 2007 Page 7 of 32 Subject Site SUBJECT SITE: The subject 5.03 acre site is zoned AG-1 (Agriculliuralj with existing Use Permits for a church pursuant to U97-80 and a cell fower pursuant to U88-80. This site is west of the Crabapple Crossroads intersection and is developed with two buildings and a barn further to the rear of the property. The site is located within the Live/Work Land Use designation. Within that designation the subject site is located within Village Mixed Use, Village Office/Residential, and Sub Village Residential B sub areas. *Based on the revised site plan submitied to the Community Development Department on 6/7/07. Prepared by the Cornmunitr Development Department for the Planning Commission Meeting on June 26, 2007 612 1 12007 Page 8 of 32 RZ07.003lVC07-003 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? The proposed Mixed Use zoning is consistent with the Crabapple Crossroads Overlay District Land Use Plan that recommends that this site be developed with Village Mixed Use, Village OfficelResidential and Sub Residential 8. However, the stated densities are inconsistent with recent policies set by the Fulton County Board of Commissioners and the Crabapple Crossroads Overlay District Land Use Plan Map. The recent policy calls for 5 units per acre within Village Mixed Use and Village Office/Residential and 1.86 units per acre pursuant to 052-070 located to the east and northeast. 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 is more intense than recommended but may have an adverse effect on the use or usability of adjacent and nearby properties if developed as proposed. Mitigating conditions and perhaps a different zoning category may provide for a more compatible development than currently proposed. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site appears to have a reasonable use as currently zoned with the operation of the current church on the site. 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. Mitigation of adverse impacts should be addressed by recommended conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? *Based on the revised site plan submitted to the Community Development Department on 6fJJ07. Prepared by the Community Devellopment Deportment for the Planning Commission Meeting on June 26, 2007 6/21 /2007 Page 9 of 32 RZ07-003NC07-003 The proposed mixed use development is inconsistent with some of the policies and intent of the Crabapple Crossroads Community Plan and the Focus Fulton 2025 Land Use Plan. A brief description of the project is noted below: Proposed use/density: Villaqe Mixed Use / 1.03 acresl and ViSlase/Offjce Residential ( 1.1 acres1 - The proposal is for1 2,000 square feet of retail within two 6,000 Retail/Commercial buildings at a density of 5,106.38 square feet per acre based on the 2.1 3 acres within the Village Mixed Use and Village /Office Residential Sub areas. The proposed use is in conformance with the Village Mixed Use and Village/Office Residential sub areas: however the proposed retail is inconsistent with the policy and intent of the Plan and past Board policy of upholding the maximum 100,000 square feet of commercial for the Crabapple Crossroads Overlay District. Villaae Mixed Use 1 1 -03 acresl and Vil~aaeJOFfice Residential 1 1.7 acresl- The proposal for fifteen (1 5) condo units to be consfwcted above retail/comrnercial buildings and 2 detached townhomes for a total of 17 units of residential at a density of 7.98 units per acre bused on the 2.1 3 acres within the Village Mixed Use and Village/Office Residential Sub areas. This is in conformance with the recommended use; however, exceeds the density recommended of 5 units or less per acre for the Village Mixed Use and Village/Office Residential sub areas. Sub Villaqe B (2.9 acresl- The Pjanning Commission asked the applicant to revise their site plan to be in conformance with the recommended conditions. The applicant had previously proposed fourteen (1 4) single family detached homes at a density of 4.83 units per acre based on the 2,9 acres within the Sub Village Residential B sub area. The applicant submitted a revised site plan that shows a total of 13 single family detached homes at a density of 4.48 units per acre. This is in conformance with the recommended use but exceeds the density of 2.5 units or less per acre for this sub area. The Milton Cify Council adopted the Focus Fulton 2025 Comprehensive Plan as the City's Comprehensive Plan on December 21,2006. The proposed development is partially consistent with the following Plan Policies for the Crabapple Crossroads Community Plan which was included in the Focus Fulton 2025 Comprehensive Plan: *Based on the revised site plan submitted to the Community Development Department on 6/7/07'. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/2 1 120(1J Page 10 of 32 RZ07-003WC07-003 Increase transportation choices and improve mobility for all users. Provide opportunities for mixed-use developments that are compatible with a village-oriented development. Provide for the transition of land uses from higher to lower intensity land uses in a pattern that supports village type development. Provide a variety of housing choices in the Crabapple Crossroads area. F. Whether there are other existing or changed conditions affecting fhe use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Staff notes that within the Crabapple Crossroads Community Plan, "Node Designation" was discussed in detail. This plan was approved by the Fulton County Board of Commissioners on June 4,2003 pursuant to 20032-01 6. Previous approved Plans defined a "Neighborhood Node" as a node that: "Consist of up to 1100,000 square feet of retail and service uses and office uses not to exceed 20,000 square feet per acre with a maximum of 100,000 square feet in total office uses. Minor arterials and collectors are appropriate for neighborhood commercial. Residential development in the neighborhood node should not exceed five units per acre." Historically, the Fvlton County Board of Commissioners have considered the "Neighborhood Node" (1 00,000 cap for retail/commercial] for Crabapple Crossroads when reviewing and deciding on zoning cases before them. For example, the proposed rezoning from AG-I to MIX pursuant to 05Z-117 requested a total of 39,000 square feet of retail/comrnercial. This amount of retaillcornmercial exceeded the 100,000 allotment by 36,468 square feet: therefore the amount approved was 2,532 square feet. Staff has compiled a chart showing the approved zonings and their approved densities that is included at the end of this report. At this point in time, the allotted total square footage of 100,000 square feet for both Commercial/Retuil and Office has been filled and any additional approval of Commercial /Retail or Office would be inconsistent with the Crabapple Crossroads Community Plan and policy for the Cra ba pple Crossroads. 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? Staff notes that none of the specimen trees on the site have been proposed for preservation. According to the City of Milton Arborist, there are trees on the site that can be preserved and will continue to provide both aesthetic and *Based on the revised site plan submitted to the Cornmunify Development Deportment on 6/7/07 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 612 1 12007 Page 1 1 of 32 RZ07-0031VCO7-003 environmental benefits to the citizens of Milton. The retention of some of the specimen trees, as recommended by the City Arborist will lessen the adverse aesthetic affect. The revised site plan shows three specimen trees preserved within the parking area. After reviewing this revised site plan, the City of Milton Arborist stated that the proposed locations of the specimen frees to be saved will most likely not survive because of the proposed parking lot and road on top of the root systems. H. Existing uses and zoning of nearby property (See Map following table) *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department fw the Planning Commission Meeting on June 26, 2007 6/2 1 /ZOO7 Page 12 of 32 RZ07-0031VCOJ-003 Location East, North , & West East B Northeast 'Parcel# On ~ Map 2 9 12 I Furher North & Northeast Further Southeast Further Sout hemt Further Southeast Far Zoning Petition / Nume/Acreoge 032-1 56/MIX Crabapple Crossroads 40.82 Acres Under Develop men t Approved Square Feet/ Units Based on Sub Area 20 21 36,468 sf Office In Vil Mix 14 units WI Mix 18 units Vil Of/Res 17 units Sub VI! B 50 units Res 0-1 John Wieland 62.87 acres Under Deveiop Ment 81 2-78/C-1 Family Dentistry [City of Alpharetta] C-1, AG-I City of Alpharetta Government Center Approved Density by Land Use Sub Area (++Exceeds Plan Denslty) 14 1 052470/MIX Crabapple Crossroads I 1 -98 acres Under Develop- Men t Approved Overall Density I I 20,OM) sf Comrn. In Vil Mix 20,000 sf Office Tn Vil Mix 39 units yil Mix 5 units Vil Off 3 units Sub Vil B 2 units Rural Res 2.532 sf Comm in Vil Mix I 1.61 u/a 7.01 u/a+* 6.35 u/a++ 1 1.09u/a++ 293.98 sf/ acre 12,039 sf Comm Vil Mix 7 units Vil Mix Res 1 1 1 units Vil/Of Res 8 units Sub Yil A D5Z-117iM1X 580.06 sflacre 1.74 vla 5 u/a 4 ufa 5 ula 5 ula 1.62 ula 2.55 ula [extra Unit appoved for historic house saved] 7,453.42 sflucre 5.095.04 sflacre 347.87 062-74JC-1 Crabapple Crossing 63 units Sub Vil B 5 units Rural Res 6 units Res 0-1 1.669.45 Sflacre 1,669.45 sfjacre 12,000 sf Comm in Vil Mix (Previously Approved 032- 1 1 53 I 8.203 sf Office ViF Mix 2.58 u/a++ 1.5 uJa 1.31 ula I 032-1 1 5/MIX 40.28 f/ocre 12,000 sf Comm in Vil 'Bused on the revised site plan submitted to the Community Development Department on U7 107 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 Page 1 3 of 32 Southeast Southeast South Southwest West Further west b 17 19 18 16 Crabapple Crossing (Under Development) Mix 31 units Vil OfJRes 16 un~ts Sub Vil B 4.9 u/a 2.5 ula 042-93JMIK Crabapple Station sflacre 19.000 sf Comrn in Yil Mix 3,m sf Off in Off/Res 28 units vil Mix 11 units Vil Off 19 units Sub Vil A 7 units Sub Vif B 5 ufa 3.42 u/u 3.91 u/a 2.56 u/a (extra unit 1,155.02 sf/ acre 182.38 sf/ acre Approved for Historic House Saved) 1.7 units/ acre Min. Heated 'Floor Area 1750 sf 2.0 units/ acre 3.64 units/ acre 842-79/R-3 Crabapple Chose S/D (City of Afpharettu] 942-79 / R-4 Arbor North S/D 31 units U95-75 Cell Tower AG-1 Crabapple Knoll Vet Clinic 052-25 / NUP Approved for Subdivision 32 units EXISTING USES AND ZONING MAP I. Suitability of the subject property vnder the existing zoning district for the proposed use? The proposed use can not be developed under the AG-I (Agricultural) district. The applicant is requesting a higher density of residential as well as commercial uses that are not permitted under AG-1. J. Suitability of fhe subject property under the proposed zoning district fur the proposed use? *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/2 1 /2007 Page 1 4 of 32 RZOJd031VC07003 The proposed use is suitable for the proposed zoning district of MIX (Mixed Use). This zoning district allows for a mix of uses as proposed for various types of residential and commercial development. K. The possible creation of an isolated zoning disfrict unrelated fa adjacent and nearby districts. The proposed rezoning to MIX (Mixed Use) would not create an isolated district. There is MIX (Mixed Use) on all three sides of the development. 1, Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The Staff is of the opinion that the change of the zoning district and the change in use may have an adverse effect on the character of the existing zoning district or existing overlay district as currently proposed because allowing the development to have more square footage than recommended creates more intensity of development which thwarts the objective of the overall Crabapple Crossroads Plan. Positive results would occur if it is developed with the proposed conditions that allow only residential development at the recommended densities of the Crabapple Crossroads Plan. Development consistent with fhe plan would solidify the character of the area. M. Whether the proposed zoning will be a deterrent to the value or improvement OF development of adjacent property in accordance with existing regulations? The Staff is of the opinion that the change in the zoning may not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations. Staff notes that the applicant's site plan shows the connection of an existing public road to the east and the west to be completed as proposed in the Cra bapple Crossroads Community Plan. N. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air qualify and water qualify? This property, if developed under the proposed zoning district, must conform to the current Chapter 14 of the Milton City Code regarding Land Development including Soil and Erosion Control and Flood Damage Prevention. The proposed rezoning will add approximately 3.9 acres of impervious surface which is seventy-seven (77) percent of the site. The Crabapple Crossroads Community Plan requires a minimum of 10 percent open space. The revised site plan indicates conformance by providing 0.81 acre (1 6%). Staff notes that this 16% does not include any required landscape strips. *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/2 1 12007 Page 15 of 32 RZ07-003NC07m3 0. 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. The proposed rezoning as submitted is not consistent with the overall Crabapple Crossroads Land Use Plan for the area because the proposed densities for residential and retail/commercial which does not fulfill the purpose of the Crabapple Crossroads Land Use Plan. P, The consideraRon 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 zoning is surrounded on three sides by an existing MIX (Mixed Use] development pursuant to 032-1 56 and 052-070 with similar type development of residential toward the back and non residential along Crabapple Road. Q. The amount of undeveloped or zoned land in the general area affected which has the same zoning or overlay district classification as the proposed rezoning. The Existing Use and Zoning Map above indicate that there is little or no undeveloped or zoned land remaining in the area. SITE PLAN ANALYSIS Based on the applicant's revised site plan submitted to the Community Development Department on June 7, 2007, Staff offers the following considerations: Cra baople Crossroads Overlay District BUILDING SETBACKS Article 12H(l)4 Section B.1 .c of the Crabapple Crossroads Overlay District requires a maximum building setback along Crabapple Road between 0 to 10 feet maximum. The applicant's site plan shows compliance with the requirement. BUILDING HEIGHT Article 12H.3.5.0.1. of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximvm height 30 feet from average-finished grade to the bottom of the roof eave. The applicant's letter of intent indicates the two 'Bused on the revised site plan submitted to the Community Development Department on 6/7/07 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 612 1 /m7 Page 16 of 32 RZ0743'l3NCO.?-003 commerciallresidential buildings along Crabapple Road are to be developed at a height of 40 feet. Staff notes that the Crabapple Crossroads Overlay District does not address building height and therefore it defaults to the Northwest Fulton Overlay District. The applicant has requested a concurrent variance to increase the number of stories to 3 and a maximum height of 40 feet from average-finished grade to the bottom of the roof eave. Based on recent Board Policy and the inconsistency of She overall plan, Staff recommends DENIAL of Part 1 of the concumnt variance VC07-003 LANDSCAPE STRIPS AND BUFFERS Article F2H.(1) -4.8.1 .a. requires an 8-foot minimum landscape strip along Cra bapple Road. The site plan appears to be complianf with this requirement. The site plan indicates a 1 0-foot landscape strip on the west, north and the residential portion on the east property line north of Branyan Trail. There is a 5-foot landscape strip along the east property line south of Branyan Trail. Stuff notes that along the west property line adjacent to the existing MIX (Mixed Use) pursuant to 032-1 56, where single family residential is proposed south of Banyan Trail, a 75-foot undisturbed buffer and 1 0-foot improvement set back is required per Article 12H.3.1 C.2. The applicant is requesting a concurrent variance to reduce the buffer and improvement setback to a 10 landscape strip on the west property line south of Branyan Trail. Staff notes that there is an existing 100-foot power easement along the adjacent property line to the west between the proposed retail/commercial building and the residential zoned property IQC~ ted within 032-1 56 to the west. Because the proposed development is inconsistent with the Crabapple Crossroads Plan's maximum density and recent Board Policy; Staff recommends DENIAL of Part 2 of the concurrent variance VC07-003. It is Staff's opinion that Article 12H.(1) .4.C,4 states that specimen trees should be preserved to the extent possible. The site plan indicates three trees preserved within the parking area. The City Arborist has stated that the location of these three specimen trees within the parking lot and road does not provide adequate space for the root systems. Preservation of trees could be obtained by compliance with the Comprehensive Plan and the Cra ba pple Crossroads Overlay District. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: 'Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Deporkmnt for the Planning Commission Meeting on June 26, 2007 612 1 12007 Page 17 of 32 RZ07-0031VC07-003 Proposed Use Retail Service Commercial Minimum Req wirernent 5 spaces per 1,000 sq. ft. of building area (66 spaces) SpaeesProvided 62 Staff notes that the two detached townhomes will have their own covered parking. It appears that the site plan is in compliance with Article 18 as well as the parking landscape and layout requirements of Article 12H41). Residential MlNlMUMM LOT SIZE The applicant has proposed a total of 30 residential units as follows: 2 spaces per residence for 3 bedroom unit (30 spaces) 30 The applicant" request is consistent with Article 12H(1).6.8.1. and Table 6.1 in the Cra bopple Crossroads Corn mu nity Plan. Sub Area Mixed Use Village/ Village Office/Residential Mixed Use Village/ Village OfficeJResidentiaI Sub Village Residential B MINIMUM HEATED FLOOR AREA The applicant is requesting the following minimum heated floor areas: Number and Type I Minimum Lot Size * Condos - 1,200 square feet Town homes - 2,250 square feet Single Family - 2,000 square feet 15 Condos above Commercial The applicant's request is consistent with recent approvals in the area. /A DEVELOPMENT STANDARDS The applicant is requesting the development standards as follows: 2 Detached Townhomes Detached Townhomes - Viljacre Mixed Use and Village Office/Residential - 2 lots 4,597 sq.ft. 1 Townhome - Minimum lot area: 4,597 square feet 1 Townhome - Minimum lot area: 4,628 square feet 13 single family lots 1 4,800 sq .ft. *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 Page 18 of 32 It appears that the proposed detached townhomes meet the minimum required development standards for residential lots up to 4,800 [Article 12H (1 ) .6.) square feet as follows: Minimum Lot Frontage - 20 feet Maximum front yard setback - 10 feet Minimum side yard setback - 5 feet Minimum rear yard setback - 5 feet Sinale Family Lots - Sub Villaqe B (1 3 lots) Listed below is the applicant's request. Stuff notes that according to Article 12H ( 1) -6.b. 1 that the minimum side yard is 5 feet. The applicant has indicated 10 feet between buildings, zero lot line. Staff recommends compliance with a minimum 5-foot minimum side yard with no zero lot line allowed. This will be reflected in the recommended conditions. In addition, Staff will include a condition of a 5 foot setback for all side property lines adjacent to a street. Minimum lot frontage: 40 feet Minimum 101 size: 4,800 square feet Maximum front yard: 15 feet Minimum side yard: 10 feet, zero lot line (combine 10 feet) Minimum rear yard: 15 feet Minimum building separation: 10 feet Retail-Commercial Buildinas - Villaqe Mixed Use and Villaae/Office Residential The site plan indicates two (2) 6,000 square foot retail/cornrnercial buildings. The conditions will reflect there shall be 2 buildings at a maximum of 6,000 square feet for each building of commerciaflretail. The 1 5 condo units will be located above the retail/commerciu l in both buildings. OTHER CONSIDERATIONS The environmental Site Analysis Report (ESA) is sufficient and satisfies the requirement of the City of Milton Zoning Ordinance. The applicant is proposing a minimum of 16 percent of the site in open space which exceeds the 10 percent minimum required by the Crabapple Crossroads Overlay District, Article 12H (1 34.H. Staff notes that this common area will not be part of any of the single family residential lots within the development. A Homeowners Association is required to maintain the open space and it shall be accessible by sidewalks, streets. or a trail system. Staff has included the condition for open space and the establishment of a homeowners association in the Recommended Conditions. *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 Sf2 1 /2007 Page 1 9 of 32 RZ07-003NC07-003 The site plan indicates that the proposed development will connect the two ends of Branyan Trail. Staff notes that inter-parcel access shown on the site plun is consistent with the Crabapple Crossroads Plan. The subject site is in the Crabapple Crossroads Overlay District of the Northwest Fulton Overlay District. At the time of application for a land disturbance permit and/or building permit the applicant will be required to comply with these standards. Prior to the approval of a permit, the applicant shall be required to meet with the City of Milton Design Review Board to receive their recommendations. In part, the Planning Commission recommended deferral to allow the applicant to address the comments and concerns of the Fire Department. After review of the revised site plan submitted on June 7,2007 the following comments were made by the Fire Department: 1 ) Need to show water lines and hydrants; 2) Possibly mark all 20-foot rod widths as 'No Parking": 3) Show distance between parking spaces as 25 feet; 4) Show width of road at entrances; 4) Provide current water flow report; 5) The site plan does not provide accepfable turning radii at the 20 foot wide street in front of the single family lots. Secondly, the corner turns of the 20 foot wide street behind the single family lots may not allow sufficient room for fire apparatus to access the homes from the rear. The submitted traffic study was reviewed by the City Traffic Engineer. Additional conditions have been included based on that study. PUBLIC INVOLVEMENT On April 251h, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were three citizens from the community who attended. The applicants will be presenting their plun to the Milton Design Review Board on August 10,2007. Public Comments -The citizens attending the CZlM meeting were concerned with the density of the project and ensuring that the proposed plan was consistent with the Crabapple Crossroads Rlun. Staff has not received any other comments via e-mail, phone, or letters. Public Notice Requirements The rezoning petition was re-advertised in the Milton Herald on May 30, 2007 and Staff revised the posted sign on June 6,2007 along the frontage of Crabapple Road. In addition an updated notice of rezoning was sent to the surrounding property owners on June 1 1,2007. 'Rased on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21 J2W Page 20 of 32 RZ07-003/vC07-003 Public Participation Plan and Report The applicant has met !he requirements of the Public Participation Plan requirements. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed retail and residential development is inconsistent with the policies and intent of fke Crabapple Crossroads Plan and the Fulton County Board of Commissioners policy; therefore, Staff recommends that this request to develop 12,000 square feet of cornmercial/retail and 30 units of residential and the fwo part concurrent variance be DENIED. The Staff recommends that the subject property be rezoned to NUP (Neighborhood Unit Plan) with conditions. A set of Recommended Conditions are included to allow the site to be rezoned to NUP (Neighborhood Unit Plan) developed with 1 1 units of residential at a density of 4.6 units per acre within the Village Mixed Use and 7 units of residential at a density of 2.4 units per acre within the Sub Village B Residential or an overall density of 3.58 units per acre. A set of Alternate Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. 'Based on the revid site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for tk Planning Commission Meeting on June 2bm7 612 1 12007 Page 21 of 32 RZ07-003NC07-003 RECOMMENDED CONDlTlONS If this petition is approved by the Mayor and City Council, it should be APPROVED NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict wiith 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 owners agreement to restrict the use of the subject property as follows: a. No more than 1 1 units of attached dwelling units at a maximum of 2.87 units per acre bused on the total acreage zoned, whichever is less (4.6 units per acre based on 2.13 acres of Village Mixed Use and Village/Office Residential). b. No more than 7 total single family dwelling units at a maximum density of 1.39 units per acre based on the total acreage zoned, whichever is less (2.4 units per acre based on 2.9 acres Sub Village B Residential). c. Approvedlot/unittotalsarenotgwarunteed.Thedeveloperisresponsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total IotJvnit yield of the subject site shall be determined by this final engineering. d. Provide a minimum heated floor area of 2,000 square feet for the single family dwelling units; 1,200 square feet for the attached dwelling units 2. To the owner's agreement to abide by the following: a. TotherevisedsiteplanreceivedbytheCommunityDevelopment Department on June 7,2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, as well as other applicable City Ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the even+ the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless othewise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in *Based on the revised site plan submitted to the Community Development Dqmrtrnent on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meetfng on June 26, 20P7 612 1 /200J Page 22 of 32 RZ07M)3/VC07-033 accordance with the design standards of the draft Milton Trail Plan and the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Community Development Department Director for review and approval prior to the recording of the first final plat. c. To meet and nof exceed parking requirements. To provide one marked parking space per residential unit. 3. To the owner's agreement to the following site development considerations: a. The minimum design standards are: Single Family Lots - Sub Villaqe 0 (7 lofs) Minimum lot frontage: 40 feet Minimum lot size: 4,800 square feet Maximum front yard: 15 feet Minimum side yard: 5 Minimum rear yard: 15 feet 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve Right of Way to for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. I. 45 feet from the centerline of Crabapple Road (SR 372) or as may be required by the Georgia Department of Transportation. b. DedicateatnocosttotheCityofMilton,priortotheapprovalofaLand Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: I. Provide at least 10,s feet of right-of-way from the back of curb of all abutting road improvements, along the entire *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Deparfrnent for the Pbnning Commission Meeting on June 26, 2007 612 1 J2007 Page 23 of 32 RZ07403/VC07-003 property frontage, as well as allow the necessary construction easements while the rig hts-of-ways are being improved. ii. Provide 50 feet of right-of-way for Branyan Trail ... III. Provide 50 feet of right-of-way for Crabapple Chase Drive extension. c. Inter-parcel access shall be required on both the east and west property lines. Additional Inter parcel walking trails are required ta be installed, per required by the Milton Trail Plan. Access points and trail locations shall be as approved by the Transportation Engineer. d. A Roundabout is required (Subdivision Regulations 7.5.41 at the intersection of Crabapple Chase Dr and Branyan Trail or as approved by the Transportation Engineer. a. The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, 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. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated fo the City as public. b. Stormwater detention facility shall utilize vegetative measures for water quality. Individual Land Disturbance Permits /building permits are strongly encouraged to utilize GASW CC limited application controls svc h as infiltration trenches, porous surfaces, etc. c. Single family area shall have private named alleys. d. Provide and dedicate westbound right turn lane, on Crabapple, required as approved by Transportation Engineer. e. Left Turn Lane required as per GDOT determination on Crabapple SR 372. 6. The Land Disturbance Plan application will not be accepted without a Professional Engineer's field certification of the Intersection Sight Distance at the GDOT certified speed limit, including an AASHTO acceptable Sight Distance Profiles that are acceptable to the Milton Transportation Engineer and GDOT Access Engineer. *Based on the revised site plan submitted to the Community Development Department on 6/7/07, Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2M37 6/21 12007 Page 24 of 32 RZO7-003NC07a3 ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED MIX (Mixed Use) 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 owners agreement to restrict the use of the subject property as follows: Retail, service com rnercial and accessory uses, including all exterior food and beverage areas, a5 a maximum density of 2,385.69 gross square feet per acre zoned or a total of 12,000 square feet. which ever is less,(5,633.8 gross square feet per acre based on 2.1 3 acres of Village Mixed Use and Viilage/Office Residential) but excluding daycare, convenience stores with gas pumps; freestanding fast food restaurants; businesses with drive through service: commercial amusements; pawn shops; check cashing businesses; billiards or pool halls; designated recycling collection stations; used car lots; self service laundry facilities; arcades, amusements, galleries or game rooms; outside vending machines, kiosks or other stands except ATM machines; dry cleaning plant or dry cleaning establishments; sale, lease or rental of motorized vehicles or trailers; tattoo or body piercing parlors; adult theme bookstores, video stores, movie theatres, and/or estu blishments offering the sale or rental or related machines, tapes, discs, books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops; massage parlors or spas: bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. b. No more than 15 units of dwelling units above the retail component and 2 detached town homes for a total of 17 dwelling units at a maximum density of 3.38 units per acre based on the total acreage zoned, whichever is less (7.98 units per acre based on 2.1 3 acres of Village Mixed Use and Village/Office Residential). c. No more than 14 total single family dwelling units at a maximum density of 2.78 units per acre based on the total acreage zoned, whichever is less (4.8 units per acre based on 2.9 acres Sub Village B Residential). d. Approved IotJunit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The *Based on the revised site plan submiffed to the ComrnuniS, Development Department on 6/7/07, Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6$2 1 12007 Page 25 of 32 RZ07-003NC07-003 fotal lotlunif yield of the subject site shall be determined by this final engineering. e. Provide a minimum heated floor area of 2,000 square feet for the 14 single family dwelling units; 1,200 square feet for the 1 5 dwelling units above the retail commercial buildings; 2,250 square feet for the 2 detached townhomes, f. Limit the square footage for the retail buildings to 6,000 square feet within the 2 buildings. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on June 7, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, as well as other applicable City Ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in accordance with the design standards of the draft Milton Trail Plan and the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, whose proposed docurnenfs of incorporation shall be submitted to the Community Qevelopment Department Director for review and approval prior to the recording of the first final plat. c. Tomeetandnotexceedparkingrequirements.Toprovideonemarked parking space per residential unit. 3. To the owner's agreement to the following site development considerations: a. The minimum design standards are: Sinale Family Lots - Sub Villaae B (1 4 lots1 Minimum lot frontage: 40 feet Minimum lot size: 4,800 square feet 'Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 612 1 /2007 Page 26 of 32 RZ07-M33fVC07-003 Maximum front yard: 15 feet Minimum side yard: 5 Minimum rear yard: 15 feet Detached Townhomes - Villaae Mixed Use and Villase OfficeJResidential 12 Townhomes) Minimum Lot Frontage - 20 feet 1 Townhome - Minimum lof area: 4,597 square feet 1 Townhome - Minimum lot area: 4,628 square feet Maximum front yard setback - 10 feet Minimum side yard setback - 5 feet Minimum rear yard setback - 5 feet 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve Right of Way to for the City of Milton along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. I. 45 feet from the centerline of Crabapple Road (SR 372) or as may be required by the Georgia Department of Transportation. b. Dedicate at no cost to the City of Milton, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: I. Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along fhe entire property frontage, as well as allow the necessary construction easements while the rig hts-of-ways are being improved. 11. Provide 50 feet of right-of-way for Branyan Trail iii. Provide 50 feet of right-of-way for Crabapple Chase Drive extension. c. Inter-parcelaccessshallberequiredonboththeeastandwestproperty lines. Additional Inter parcel walking trails are required to be installed, per 'Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21 12007 Poge 27 of 32 R Z07-003lVC07403 required by the Milton Trail Plan. Access points and trail locations shall be as approved by the Transportation Engineer. d. A Roundabout is required (Subdivision ReguEations 7.5.43 at the intersection of Crabapple Chase Dr and Branyun Trail or as approved by the Transportation Engineer. 5. a. The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the IDP application, 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. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated to the City as public. b. Stormwater detention facility 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, etc. c. Single family area shall have private named alleys. f. Provide and dedicate westbound right turn lane, on Crabapple, required as approved by Transportation Engineer. g. Left Turn Lane required as per GDOT determination on Crabapple SR 372. h. The Land Disturbance Plan application will not be accepted without a Professional Engineer's field certification of the Intersection Sight Distance at the GDOT certified speed limit, including an AASHTO acceptable Sight Distance Profiles that are acceptable to the Milton Transportation Engineer and GDOT Access Engineer. *Based on the revised site plan submitted fo the Community Development Department on 6/7/07 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/2 1 /E07 Page 28 of 32 RZ07-003/VC07-(M3 APPENDIX A Comments on Public Sewices and Utilities Note: Various City andlor 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 fo complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transoortotion Facilities: Road name: Crabapple Road Classification: Arferial Level of Service: C The new Branyan Trail connection will increase regional connectivity by providing an alternative for vehicles to access Crabapple Road. Milton staff suggests that a Left Turn Lane would add more safety than a right side passing lane at this location as acceptable to Milton Transportation Engineer and GDOT Access Engineer. Fulton Counfv 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. If this proposed development includes a food service facility, the owner must swbmit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service prior to opening. Plans of this facility must be submitted to this department for review and approval at the time of application for a Land Disturbance Permit. Fulton County Schools *Based on the revised site plan submitted to the Community Development Departmnt on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, X307 6J2 1 12007 Page 29 of 32 RZ07403JVC07003 Schools Crabapple Crossing Elementary Northwestern 1 Middle Estimded Number of Students Generated MiRon High School 4 to 5 6 to 10 4 to 6 1,925 2,088 4-163 1,1130 1,206 +lo6 State Capacity+ 800 Enrollment++ Under/Over State Capacity+++ 83 1 +3 1 Number of Portable Classrooms 07/08 School Year 1 I I I I + Updated Georgia Department of Education state capacity ++ Enrollment based upon the official 10 day count of the XX)b-2007 school year. +++Positive values indicate numbers of studenls a facility is over state capacitylnegative valves indicated number of students a facility is under state capacity. Water and Wastewater (Sewer1 : I Water: Anticipated water demand: 8,628 gallons per day Yes Can Facility Meet Increased Demand? This project is +/- 25 linear feet from an existing water pipeline, located along Crabapple Rood. Yes Yes Comments: This information does not guarantee that adequate water volume and pressure are available at this fime or will be adequate upon application of permits. Please contact the Department of Public Works for more information. Sewer: Basin: Cooper Sandy Creek Treatment Plant: Big Creek Anticipated sewer demand: 7,766 gallons per day The nearest wastewater pipeline to this project is +/- 25 linear feet located in Land Lot 1 136, District 212. Comments: 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. Drainaae: Flood Plain: No Flood Plain. Fulton Counb Board of Education: # of Proposed Units: 31 residential units Fulton Counb Tax Assessor Properly Tax ID#: 22-4000- 1 136-051 -4 - Tax Exempt Cilv of Milton Fire Marshall 'All hydrants shall be shown on plans. *Any roadway with a hydrant on it needs to provide a minimum of 20 feet unobstructed clearance for fire access. *The Green space one way will not comply with a fire apparatus dead end and shall be compliant with International Fire Code 2006 edition for apparatus turn around. *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21 12007 Page 30 of 32 R 207-003/VCO7003 "Shall indicate separation distance between parklng spaces for ADA compliancy. 'Clearly identify widths of entrances and exits- *The perimeter road that states "sub village residential B" does not indicate that it would handle an appropriate turn requirements for fire apparatus. NEW COMMENTS BASED ON SITE PLAN SUBMlllED ON JUNE 7,2007 Northeast and Northwest corners of road ways could be too sharp for fire apparatus to turn. Street located wifhin single family lots, turning radius is not acceptable for fire apparahs. + Need to show waterlines and hydrants Mark all 20-foot road widths as no parking * Show distance between parking spaces within mixed use. It shall be 25 feet apart Show width of road at entrance Provide current waterflow report *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Deportment for the Planning Commission Meeting on June 26, 2007 6/2 1 12007 Page 31 of 32 RZ07-W3NC07-003 APPENDIX B EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS Erirtiw Commercial vim to the Pbn - 20.608 square lest: Exism Oft~ce pnor tothe Plow 5.229 squme Teet Pmcd b Curenftv Zonlna Localion Auuowd f Q FT andlor Amaovad Dareffv bv - Total Acereae ~L0ltsJawcd on Sub Arc- Ac-e Land Uw Sub Area 1 MrX 032-1 151 Crabapple Crossing Further Sdhwst 12.m sq.~?. Vil. Mix 12.46 Acres 31 unlts Mh UselOAicelRe {Under r)evelopmenf l 16 un~ ts Sub Vil % 2 5 uratstacre 2 MIX a-7% / Oabapple Cmsm first. M, and Wes 12,000 sq fi VR. Mbc 2.9M.30 sq.ftlocre 293.98 sq ft/ocre 60.82 Acres 7 writs WI MIX Use [d.M opal 1.74 urnitslacre {Urrder DevdopmmfJ 11 unts Yll OfftRa 12.2 acres] 5 un[h/acre 8 utitsSub Ml A [20 acres] 4 uritr/ncre 63 units Sub Vil 8 (24 S acres) 258 uuits/au%** 5 uhtz ha! Rs (3.47 xrml 1.5 uriW0cre 6 writs RuOl u/a 1461 xrml 131 units/acre++ 3 C-l 032-1441 Crabapple Tw Room Further Southeast 802 sq.+ MIX Use 536.W su ftiacre 536.92 sq lf/acre 4 C-l 042-134 / Further hlkurt 1.m sq.fl Vil MIX l,l~sqft/acre T,153.85sq.ft./acre 5 C- 1 0dZ-135/ Intenor Decorallon Further Sw'beast 2.m 5o.Y Vll MIX 4,90: CS 5q ft /acre 4.W) 06sq.R /acre 6 MK 042-3/ Crobapple Station Soutkast 19.~~ sq ff vn Mu [563 ocxwl 337477 ~(.R./aue 1.155.Msq.fl./acre 16.45 Acres 3.m ~.ft. Off/Res (3.22 acres) 931 .& sq.ft./acre T82 38 sq f? Iaae 26 Unltr Vil MIX (5.63 acres) 5 Mtstacre 1 1 Un~+s vil Oft (3 27 acres) 3.42 urntstacte 19 Unltr Sub VII A (4.a acres) 3.91 unlWacre 7 Unlts Sub VII 6 (2 71 ocres) 2.56 unitslocre' ('exIra unlt awoved fu Mstwlc house smed) 7 R-l i352C02/ Surn~sion Far SoutMst 8 unts Rorol Res (5.96 acre ] 1 35 un~'s/ocre 5.96 acres {Urder Devebpmenll I C-1 052030/ Far- 2.W 5q-t V11 Mir 6.089 sq.ft.lcme 6.059 sq.ft.lm (See f13) ,427 oue P MrX 0524701 Crabapple C~OISI~ East and 20,000 sq tt. MI Mlx 47.U acres] 2.551 sq ft /acre 1,664.45 rq.filocre 1 1.98 acn (this ~ncl!idesremn~rfuriher Nathwr 21E.OXsq.f tt Office in Vll Mix 2.551 sq.ft./aae 1.M9.45 sq Rtacre portzon of a31- 1541 39 Unltr V11 MIX (724 acres) 5 utilstocre (Under Qeveroprnentl 5 Unlts VII Off (1.04 acres) 5 unifs/acm 3 Units Sub ViI 0 (1.86 acres) 1.62un1tr/~re 2 Units Ruol Res (1.18 ocres) 2.55unitrlocre' ('extra wit approved lor tistmc how 10 C-1 052072 / kly Rich KoQ Fwther %Aheast 12.800 sq.fl. Vil Mu (1 24 acres! 9.- sq.ft. cwnted 9.41 1.76 rq.R./ocre 1 36 acres 4.98529 sq.ft/ccre 12.8005C1.850 &stinp 1.433 sf bnus fu oravlng MtMfc house 11 C- l 0511-1 10 / brfy Davenport Fufther Southeast 8.m sq It Vil Mix 2.10 acres 6.33 sq.fl. vil Off I2 MIX 05Z-1171 JoFvl Wiebnd Mher Nath and €a 2532 sq fi Comrnerdal VR Mb: 62.87 we!. 36.468 !q fl Office Vil Mix {Under Development) 14 Unrts vil MIX 1.67 unltslocre 18 UnitsVil Off/Rer 7.01 un~ts/acre++ 17 UnitsSub Wl B 6.35 un1ls/acr6+ 50 Unlts R~dentIalCLl 1.09 un~tsla- 13 MIX 0624347 1 Bnrce Han~s For Eost M.W so ft VI, M x 3.946 87 sq ?/acre [see H) 5.27 acres 12.600 sq. fi. Ateady Counted wo 052-30) 2 Units Vil Off/Res 0.75 un~tslacre 4 Umts Sub VII A 3 37 untslacre 14 C-l 062-074 /Potton MkSouthemt lZOOOsf Wl MIX Cmrn. prevlaob aped WZ-115 7.45X42 sq.n./ocre 1-41 acres 8.m d Vil Mix 5.W5.04 sq ft lacre 15 C-l 062479 FOI East 1,953 sf V I M x Cmm Comerted hlstwrc structure to nonresldenl~al 941 acre 14 NUP O5Z- West 32 urih 3.64 urits/acre 8.79 ocres 17 e3 842.079f Cmbopple Chow S/D%uth (City of Alphmetto) 1.7 ur*tr/acre (Rewdentlol] MHFA 1.750sf 18 AGl U9575/Cell Tower Crokpple Knoll Vet CAnlc Fudher Wesl 17 Rd LP607F Arbor North SID Furlher Soc'thwest 31 Unltr 2.0 urnts/acre (Rewdentlal] 20 C-1 281-78 kmity Ddsky FvrtherSdheprt [City of Alphorettal 21 Alpharatto Gcv t Ceiter FurtherSmthemt /Clly of Alphoretta) *Based on the revised site plan submitted to the Community Development Department on 6/7/07. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21 /2007 Page 32 of 32 RZ07433WC07403 PETITION NUMBER: RZ07-005 VC07-002 PROJECT NAME Dinsmore Farm PROPERTY INFORMATION ADDRESS 855 Mayfield Road DISTRICT, LAND LOT 2/2 1134 OVERLAY DISTRICT Crabapple Crossroads EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING MIX (Mixed Use) ACRES 4.09 EXISTING USE 2 Houses, 1 Barn and 1 Small Garage PROPOSED USE 16,685 square feet of medical office within 2 new buildings and general office within 2 new buildings; 4,000 square feet of commercial retail in the existing Dinsmore Farm House and 10 town homes within 3 new buildings OWNER Dinsmore Estate, et.al. c/o Imogene Dinsmore PETITIONER/REPRESENTATIVE Milton Medical Holdings, LLC, Jay Davis / Pete Hendricks ADDRESS P.O. Box 1270, Villa Rica, Georgia 30180 PHONE 678-859-8691 INTENT To develop 16,685 square feet of medical office within 2 buildings; general office within 2 buildings at an overall density of 4, 079.46 square feet per acre; 4,000 square feet of commercial retail in the existing Dinsmore Farm House at an overall density of 977.99 square feet per acre and to develop 10 town homes within 3 new buildings at an overall density of 2.44 units per acre. The applicant is also requesting a concurrent variance to reduce the 75-foot buffer and 10-foot improvement setback COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-005 – DENIAL VC07-002 - DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 1 of 29 RZ07-005/VC07-002 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 2 of 29 RZ07-005/VC07-002 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 3 of 29 RZ07-005/VC07-002 Crabapple Crossroads Land Use Plan Map Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 4 of 29 RZ07-005/VC07-002 SITE PLAN – May 3, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 5 of 29 RZ07-005/VC07-002 Subject Site - Dinsmore Farm House (View looking south from Mayfield) Subject Site (Looking toward Charlotte Drive) 6/21/2007 RZ07-005/VC07-002 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 Page 6 of 29 SUBJECT SITE (Existing house to be demolished) SUBJECT SITE: The subject 4.09 acre site is zoned AG-1 (Agricultural) with an existing one story residence, two-story farm house, barn, and garage. This site is east of the Crabapple Crossroads intersection. The site is located within the Live/Work Land Use designation on the Focus Fulton 2025 Comprehensive Future Land Use Map. Within that designation the subject site is located within Village Mixed Use (1.74 acres) and Sub Village Residential A (2.35 acres) land use sub areas. 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? The proposed Mixed Use zoning is partially consistent with the Crabapple Crossroads Overlay District Land Use Plan which recommends that this site be developed with Village Mixed Use and Sub Residential A. The proposed 4,000 square feet of commercial retail within the Dinsmore Farm House and the proposed addition is within the range of other commercial retail approved in the area. However, the stated density for office, 8,965.51 square feet per acre based on 1.74 acres, is inconsistent with recent policies set by the Fulton County Board of Commissioners for office within the Village Mixed Use classification which range from 2,658 square feet per acre pursuant to 05Z-117 northeast of Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 7 of 29 RZ07-005/VC07-002 the site to 3,802.56 square feet per acre pursuant to 06Z-047 directly across the street to the north on Mayfield Road. The proposed density of residential is slightly more, 4.25 units per acre, than the recommended density of 4 units per acre. 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 is more intense than recommended but will likely not have an adverse effect on the use or usability of adjacent and nearby properties if developed with the recommended conditions. The property to the east of the subject site is recommended for Village Office Residential and Office has been approved to the north as well. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site appears to have a reasonable use as currently zoned with the existing farm house and associated buildings within the AG-1 (Agricultural) district. 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 to the surrounding transportation system is expected. Mitigation of adverse impacts should be addressed by recommended conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed mixed use development is inconsistent with some of the policies and intent of the Crabapple Crossroads Community Plan and the Focus Fulton 2025 Land Use Plan. A brief description of the project is noted below: Proposed use/density: Village Mixed Use (1.74 acres) The proposal is for 16,685 square feet of medical office within 2 newly constructed buildings and general office within 2 newly constructed buildings at a density of 8,965.51 square feet per acre based on 1.74 acres. Staff notes Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 8 of 29 RZ07-005/VC07-002 that the applicant will be preserving the Dinsmore Farm House which is listed on the 1996 Fulton County Historic Resources Survey. This 1,975 square foot house will be relocated, renovated and a 2,025 square foot addition for a total of 4,000 square feet will be utilized as a commercial/retail use at a density of 2,298.85 square feet per acre based on 1.74 acres. Per the Crabapple Crossroads Plan, the applicant is credited 1,975 square feet toward density. The density will than be 1,163.8 square feet per acre of commercial/retail based on 1.74 acres. Although the density for office is more than recent Board Policy, it is within the recommended density for office per the Crabapple Crossroads Plan of 10,000 square feet per acre. The site plan indicates that Building 1 and 5 are located within the Sub Village A Sub Area. Although it is inconsistent with the Plan, it appears that by moving these buildings to the rear of the property; more of the large caliper specimen trees will be preserved. Staff notes the request for office is inconsistent with the policy and intent of the Plan and past Board policy of upholding the maximum 100,000 square feet of office for the Crabapple Crossroads Overlay District. Sub Village Residential A- (2.35 acres) The proposal is for ten (10) single family attached homes at a density of 4.25 units per acre based on the 2.35 acres within the Sub Village Residential A sub area. This is slightly more than the recommended density of 4 units per acre. Permitted residential uses include duplex, single family alley access, single family small lot and single family standard lot A. According to the site plan, there is only one building containing duplex residential units and the remaining two buildings are inconsistent with the Plan. As mentioned above, office buildings 1 and 5 are located within the Sub Village Residential A sub area which is inconsistent with the Plan. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on December 21, 2006. The proposed development is partially consistent with the following Plan Policies for the Crabapple Crossroads Community Plan which was included in the Focus Fulton 2025 Comprehensive Plan: • Increase transportation choices and improve mobility for all users. • Provide opportunities for mixed-use developments that are compatible with a village-oriented development. • Provide for the transition of land uses from higher to lower intensity land uses in a pattern that supports village type development. • Provide a variety of housing choices in the Crabapple Crossroads area. • Preserve historic resources. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 9 of 29 RZ07-005/VC07-002 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? Staff notes that within the Crabapple Crossroads Community Plan, “Node Designation” was discussed in detail. This plan was approved by the Fulton County Board of Commissioners on June 4, 2003 pursuant to 2003Z-016. Previous approved Plans defined a “Neighborhood Node” as a node that: “Consist of up to 100,000 square feet of retail and service uses and office uses not to exceed 20,000 square feet per acre with a maximum of 100,000 square feet in total office uses. Minor arterials and collectors are appropriate for neighborhood commercial. Residential development in the neighborhood node should not exceed five units per acre.” Historically, the Fulton County Board of Commissioners have considered the “Neighborhood Node” (100,000 cap for retail/commercial and office) for Crabapple Crossroads when reviewing and deciding on zoning cases before them. Staff has compiled a chart showing the approved zonings and their approved densities which is included at the end of this report. At this point in time, the allotted total square footage of 100,000 square feet for both Commercial/Retail and Office has been filled and any additional approval of Commercial/Retail or Office would be inconsistent with the Crabapple Crossroads Community Plan and policy for the Crabapple Crossroads. 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? Based on the site plan submitted, the applicant shows the following specimen trees to be preserved: 52” White Oak, 27’ Pecan, 50” White Oak, 36” Red Oak, 28” Red Oak. In addition, the applicant may also utilize a pervious pavement system to help reduce water runoff. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 10 of 29 RZ07-005/VC07-002 H. Existing uses and zoning of nearby property (See Map following table) Location Parcel# On Map Zoning Petition/ Name/Acreage Approved Square Feet/ Units Based on Sub Area Approved Density by Land Use Sub Area (++Exceeds Plan Density) Approved Overall Density East AG-1 (Agricultural) Scattered Single Family N/A N/A Further East R-15 (Residential) Single Family Residential N/A N/A Saint Michelle S/D Subdivision City of Alpharetta North/ Northeast 13 06Z-074/Bruce Harris 5.27 acres 20,8000 sq.ft. Vil Mix (2,600 sq.ft. Already counted via 05Z-30 2 Units Vil Off/Res 4 Units Sub Vil A 0.75 u/a 3.37 u/a 3,946.87 sq.ft/acre North AG-1 (Agricultural) Scattered Single Family Residences Further 24 99Z-195 None Stated North C-1 Strawberry Fields Art Gallery Northwest 15 06Z-074 C-1 Patton / 1.61 acres 12,000 sf Vil Mix (previously approved 03Z-115 8,203 sf Vil Mix 7,453.42 sq.ft./acre 5,095.04 West 26 99Z-027 Existing Buildings with C-1 3,000 sq.ft. addition Further 23 Z86-283 493.83 sq ft/acre Northwest Bryan & Contereas C-1 Further 22 M-1 Unconditional Northwest (Manufacturing) Heart of Crabapple Further Northwest 12 05Z-117/MIX John Wieland 62.87 acres Under Develop- Ment 2,532 sf Comm in Vil Mix 36,468 sf Office In Vil Mix 14 units Vil Mix 18 units Vil Of/Res 17 units Sub Vil B 50 units Res 0-1 1.61 u/a 7.01 u/a++ 6.35 u/a++ 1.09 u/a ++ 40.28 f/acre 580.06 sf/acre Further 25 C-1 Unconditional Northwest Gas Station Further West 9 05Z-070/MIX Crabapple Crossroads 11.98 acres Under Develop- Ment 20,000 sf Comm. In Vil Mix 20,000 sf Office In Vil Mix 39 units Vil Mix 5 units Vil Off 3 units Sub Vil B 2 units Rural Res 5 u/a 5 u/a 1.62 u/a 2.55 u/a (extra Unit approved for historic house saved) 1,669.45 Sf/acre 1,669.45 sf/acre Further 21 C-1, AG-1 West City of Alpharetta Government Center Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 11 of 29 RZ07-005/VC07-002 Further 14 06Z-74/C-1 12,000 sf Comm in Vil 7,453.42 sf/acre Southwest Crabapple Mix (Previously 5,095.04 sf/acre Crossing Approved 03Z-115) 8,203 sf Office Vil Mix Further Southwest 1 03Z-115/MIX Crabapple Crossing (Under Development) 12,000 sf Comm in Vil Mix 31 units Vil Of/Res 16 units Sub Vil B 4.9 u/a 2.5 u/a 347.87 sf/acre Further 4 04Z-134 1,500 sq. ft. Vil Mix 1,153.85 sq.ft./ 1,153.85 sq.ft. / Southwest C-1 acre acre Further Southwest 5 04Z-136 C-1 Interior Decoration 2,500 sq.ft. Vil Mix 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre West 11 05Z-110 Larry Davenport MIX 8,000 sq.ft. Vil Mix 6,300 sq.ft. Vil Off 2.10 acres Southwest 10 05Z-072 Sally Rich Kolb 1.36 acres 12,800 sq.ft. Vil Mix (1.36 acres) 9,500 sq.ft. counted 6,985.29 sq.ft/acre 12,800 sf-1,800 existing- 1,450 sf bonus for saving historic house 9,411.76 sq.ft./acre South 3 03Z-146 Crabapple Tea Room 800 sq. ft. Mix Use 536.92 sq.ft/acre 536.92 sq.ft./acre Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 12 of 29 RZ07-005/VC07-002 EXISTING USES AND ZONING MAP I. Suitability of the subject property under the existing zoning district for the proposed use? The proposed use can not be developed under the AG-1 (Agricultural) district. The applicant is requesting a higher density of residential as well as office uses that are not permitted under AG-1. J. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed use is suitable for the proposed zoning district of MIX (Mixed Use). This zoning district allows for a mix of uses as proposed for various types of residential, office and commercial/retail development. K. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 13 of 29 RZ07-005/VC07-002 The proposed rezoning to MIX (Mixed Use) would not create an isolated district. There is MIX (Mixed Use) to the north of the development and Commercial/Retail further to the west and southwest. L. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The Staff is of the opinion that the change of the zoning district and the change in use may have an adverse effect on the character of the existing zoning district or existing overlay district as currently proposed. Allowing the development to have more square footage than existing Board Policy creates more intensity of development which thwarts the objective of the overall Crabapple Crossroads Plan. Positive results would occur if it is developed with the proposed conditions that allow only residential development at the recommended densities of the Crabapple Crossroads Plan. Development consistent with the plan would solidify the character of the area. M. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? The Staff is of the opinion that the change in the zoning may not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations N. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? This property, if developed under the proposed zoning district, must conform to the current Chapter 14 of the Milton City Code regarding Land Development including Soil and Erosion Control and Flood Damage Prevention. The applicant has not indicated the percentage of open space for this petition. Based on the site plan submitted the proposal appears to meet the 10 percent open space as required by the Crabapple Crossroads Community Plan. O. 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. The proposed rezoning as submitted is not consistent with the overall Crabapple Crossroads Land Use Plan for the area because the proposed density for residential exceeds the 4 units per acre for the land use sub area and a portion of the office use is within the Sub Village Residential A which does not fulfill the purpose of the Crabapple Crossroads Land Use Plan. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 14 of 29 RZ07-005/VC07-002 P. 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 zoning indicates the non-residential uses toward Mayfield and utilizes the residential component as a transition for residential to the south. This is consistent with the transition to residential uses going south and non- residential to the west and the east as shown on the Crabapple Crossroads Plan Map. Q. 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. The existing approved zonings and land use classifications surrounding the subject site are similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on May 3, 2007, Staff offers the following considerations: Crabapple Crossroads Overlay District BUILDING SETBACKS Article 12H(1)4 Section B.1.c of the Crabapple Crossroads Overlay District requires a maximum building setback along Crabapple Road between 0 to 10 feet maximum. The applicant’s site plan shows compliance with the requirement. BUILDING HEIGHT Article 12H.3.5.D.1. of the Northwest Fulton 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’s letter of intent does not address the height of the newly constructed buildings. LANDSCAPE STRIPS AND BUFFERS Article 12H.(1).4.B.1.a. requires an 8-foot minimum landscape strip along Crabapple Road. The site plan appears to be compliant with this requirement. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 15 of 29 RZ07-005/VC07-002 Article 12H.3.1.C.2 of the Northwest Fulton Overlay District requires a 75 foot undisturbed buffer and 10-foot improvement setback along the south property line adjacent to AG-1, and the western property lines adjacent to AG-1. The applicant is requesting relief from the requirement as follows: Reduce the 75-foot undisturbed buffer and 10-foot improvement setback adjacent to AG-1 (Agricultural) zoned property to a 15-foot landscape strip. The proposed office and retail is inconsistent with the Crabapple Overlay District Plan and recent Board policy of limiting office and retail to 100,000 square foot cap for office and retail. Therefore, Staff recommends DENIAL of the concurrent variance. 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 SpacesProvided Retail Service Commercial 5 spaces per 1,000 sq. ft. of (4,000 sq.ft.) building area (20 spaces) Medical Office 4 spaces per 1,000 sq. ft. of (8,000 sq.ft.) building area (32 spaces) General Office 3 spaces per 1,000 sq.ft. of (7,600 sq.ft.) building area (23 spaces) Total 74 spaces required 78 spaces Provided The site plan shows a total of 78 spaces on the site. Per the Zoning Ordinance, 74 spaces are required. Staff notes that the plan does not indicate a 10-foot parking island for every 6th parking space. In addition it does not indicate the required 10 foot landscape island at the end of each parking bay. It appears there will be adequate space as well as providing areas for existing trees to have the needed pervious area for their root systems. MINIMUMM LOT SIZE The applicant has proposed a total of 10 residential units as follows: Sub Area Number and Type Minimum Lot Size Sub Village Residential A 10 town home units within 3 buildings N/A Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 16 of 29 RZ07-005/VC07-002 The applicant’s request is consistent with Article 12H(1).6.B.1. but inconsistent with the recommended housing types within Table 6.1 in the Crabapple Crossroads Community Plan. The plan does not allow for town homes but does allow for duplexes. One of the residential buildings depicted on the plan is a duplex. The remaining 2 residential buildings are inconsistent with the plan. MINIMUM HEATED FLOOR AREA The applicant is requesting the following minimum heated floor areas: • Townhomes – 1,500 square feet The applicant’s request is consistent with recent approvals in the area. DEVELOPMENT STANDARDS The applicant is requesting the development standards as follows: Building A – 4,400 square feet with 2 units Building B - 6,400 square feet with 3 units Building C - 10,400 square feet with 5 units The applicant has not indicated any specific setbacks for the buildings. The proposed configuration of townhouses, Buildings B and C are inconsistent with the Crabapple Plan requirement of duplexes for this sub area. Medical Office Buildings and Commercial Retail – Village Mixed Use The site plan indicates four (4) medical office buildings that are a maximum of 4,000 square feet in size. The plan shows the relocation and the addition to the historical Dinsmore Farm House to the western portion of the site. The existing house contains 1,975 square feet with a proposed addition of 1,250 square feet in the rear away from the street. The conditions will reflect there shall be 4 buildings at a maximum of 4,000 square feet for each building of medical office and a total of 3,225 square feet of commercial retail within the Dinsmore Farm House. OTHER CONSIDERATIONS The environmental Site Analysis Report (ESA) is sufficient and satisfies the requirement of the City of Milton Zoning Ordinance. The site plan appears to exceed the 10 percent minimum required by the Crabapple Crossroads Overlay District, Article 12H(1)4.H. Staff notes that this common area will not be part of any of the residential lots within the development. A Homeowners Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 17 of 29 RZ07-005/VC07-002 Association is required to maintain the open space and it shall be accessible by sidewalks, streets, or a trail system. Staff has included the condition for open space and the establishment of a homeowners association in the Recommended Conditions. The subject site is in the Crabapple Crossroads Overlay District of the Northwest Fulton Overlay District. At the time of application for a land disturbance permit and/or building permit the applicant will be required to comply with these standards. Prior to the approval of a permit, the applicant shall be required to meet with the City of Milton Design Review Board to receive their recommendations. At the time of printing of this report, Staff had not received the applicant’s traffic study. Some conditions relating to transportation may be affected once the City Traffic Engineer has reviewed it. PUBLIC INVOLVEMENT On May 23, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were three other people in attendance that represented the applicant, the seller and the agent for the seller. There was no one from the community at the meeting. Staff has received one e-mail in opposition to the proposed development. The applicant has responded to her concerns regarding the development. City of Milton Design Review Board Meeting – June 5, 2007 The following recommendations were made by the DRB: • Situate town homes closer together to eliminate encroachment of decks into the buffer. • Eliminate/reduce individual driveways. • Make access to town homes one way. • Use pervious materials for the extra spaces. • Exterior sidewalks should meander along frontage, following terrain. • Provide some kind of decorative feature at corner to draw people to the site. • Move corner building closer to the street – no more than 20 feet from the corner. Public Notice Requirements The rezoning petition was advertised in the Atlanta Journal Constitution on June 11, 2007 and the sign was installed before June 6, 2007 along the frontages of Mayfield Road and Charlotte Drive. The notice of rezoning was sent on June 11, 2007. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 18 of 29 RZ07-005/VC07-002 Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan requirements. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed office, commercial retail and residential development are inconsistent with the policies and intent of the Crabapple Crossroads Plan and the Fulton County Board of Commissioners policy; therefore, Staff recommends that this request to MIX (Mixed Use) and the Concurrent Variance be DENIED. The Staff recommends that the subject property be rezoned to NUP (Neighborhood Unit Plan) with conditions. A set of Recommended Conditions are included to allow the site to be rezoned to NUP (Neighborhood Unit Plan) developed with 8 units of residential at a density of 4.6 units per acre within the Village Mixed Use and 9 units of residential at a density of 3.83 units per acre within the Sub Village A Residential or an overall density of 4.16 units per acre. A set of Alternate Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 19 of 29 RZ07-005/VC07-002 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED NUP (Neighborhood Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1. To the owners agreement to restrict the use of the subject property as follows: a. No more than 8 units of dwelling units at a maximum of 1.87 units per acre based on the total acreage zoned, whichever is less (4.6 units per acre based on 1.7 acres of Village Mixed Use). b. No more than 9 total dwelling units at a maximum density of 2.2 units per acre based on the total acreage zoned, whichever is less (3.83 units per acre based on 2.35 acres Sub Village A Residential). c. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. d. Provide a minimum heated floor area of 1,500 square feet for the dwelling units. 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Community Development Department on May 3, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the even the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in accordance with the design standards of the draft Milton Trail Plan and Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 20 of 29 RZ07-005/VC07-002 the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, who’s proposed documents of incorporation shall be submitted to the Director of the Department of Community Development for review and approval prior to the recording of the first final plat. 3. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve Right of Way to the City of Milton the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Crabapple Crossroads Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance: i. Inter-parcel access points as required by the Transportation Engineer. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: i. Provide at least 10.5 feet of right-of-way from the back of curb 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. ii. Provide 30 feet of right-of-way from centerline on Mayfield Road. iii. Provide 50 feet right-of-way for connector road to be named “Dinsmore Farm Road” location as approved by the Transportation Engineer as similar to the intent of the Crabapple Design Guidelines. This may occur prior to an LDP of a future phase if a master plan with a phasing plan is a part of the first LDP plan submitted. Staff notes this will change the submitted site plan on the southern half of the site. iv. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: a. Northbound left turn lane on Charlotte Dr b. Northbound right turn lane on Charlotte Dr Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 21 of 29 RZ07-005/VC07-002 c. Westbound Left Turn Lane on Mayfield d. Widening taper eastbound on Mayfield to accommodate lane configuration. c. Inter parcel access shall be required on the west property line. Additional Interparcel walking trails are required to be installed, trail easements recorded, and the HOA documents shall include a section of Adopt A Trail creation. Sidewalk is required along the new Dinsmore Farms Rd. These items are required as this site is located with the radii of the Safe Routes to School limits. Access points and trail locations shall be as approved by the Transportation Engineer. d. Installation of a new decorative mast arm traffic signal at the corner of Charlotte Drive and Mayfield Road prior to a C.O. as approved by the Transportation Engineer. The applicant is required to meet with and coordinate his improvements with the developer on the North side of Mayfield as he extends Charlotte Dr. and his [future] improvements. Ideally these meetings will be at City Hall with staff present and minutes taken. e. Village Residential area shall have a private named alley. The site plan must provide adequate fire truck access in alleys and one-way conditions; as per the newly established Right-of-Way Ordinance as acceptable to the Transportation Engineer and Fire Marshal. This is required to be shown using either AutoTurn type software or mechanical methods for rear wheel tracking on LDP drawings. f. LDP plans shall meet the newly established Right of Way Ordinance as required by the Transportation Engineer. 4. a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, 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. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated to the City as public. b. Stormwater detention facility 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, etc. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 22 of 29 RZ07-005/VC07-002 ALTERNATE CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED MIX (Mixed Use) 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 owners agreement to restrict the use of the subject property as follows: a. Retail, service commercial and accessory uses, including all exterior food and beverage areas, at a maximum density of 788.5 gross square feet per acre zoned or a total of 3,225 square feet, which ever is less,(1,853.44 gross square feet per acre based on 1.74 acres of Village Mixed Use but excluding daycare, convenience stores with gas pumps; freestanding fast food restaurants; businesses with drive through service; commercial amusements; pawn shops; check cashing businesses; billiards or pool halls; designated recycling collection stations; used car lots; self service laundry facilities; arcades, amusements, galleries or game rooms; outside vending machines, kiosks or other stands except ATM machines; dry cleaning plant or dry cleaning establishments; sale, lease or rental of motorized vehicles or trailers; tattoo or body piercing parlors; adult theme bookstores, video stores, movie theatres, and/or establishments offering the sale or rental or related machines, tapes, discs,books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops; massage parlors or spas; bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. b. Office/Institutional and accessory uses at a maximum density of 8,965 square feet of gross floor area per acre zoned or a total gross floor area of 16,685 square feet, whichever is less. c. Limit the number of office buildings to 4, not exceeding 4,000 square feet. d. No more than 10 total single family dwelling units at a maximum density of 2.44 units per acre based on the total acreage zoned, whichever is less (4.25 units per acre based on 2.35 acres Sub Village A Residential). e. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 23 of 29 RZ07-005/VC07-002 of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Community Development Department on May 3, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, other applicable City Ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the even the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas in accordance with the design standards of the draft Milton Trail Plan and the newly established Right of Way Ordinance. Such shall be maintained by an easement where necessary to the mandatory homeowners association, who’s proposed documents of incorporation shall be submitted to the Community Development Director for review and approval prior to the recording of the first final plat. c. To meet and not exceed parking requirements. 3. To the owner’s agreement to the following site development considerations: a. Provide a minimum heated floor area of 1,500 square feet for the 10 dwelling units. b. Building A – 4,400 square feet with 2 units of residential Building B - 6,400 square feet with 3 units of residential Building C - 10,400 square feet with 5 units of residential c. To relocate all existing frontage overhead utilities underground. d. Provide a 15-foot landscape strip along the south and western property lines where they are adjacent to AG-1 (Agricultural) zoned property. (VC07-002) 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 24 of 29 RZ07-005/VC07-002 a. Reserve Right of Way to the City of Milton the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Crabapple Crossroads Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance: i. Inter-parcel access points as required by the Transportation Engineer. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: i. Provide at least 10.5 feet of right-of-way from the back of curb 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. ii. Provide 30 feet of right-of-way from centerline on Mayfield Road iii. Provide 50 feet right-of-way for connector road to be named “Dinsmore Farm Road” location as approved by the Transportation Engineer as similar to the intent of the Crabapple Design Guidelines. This may occur prior to an LDP of a future phase if a master plan with a phasing plan is a part of the first LDP plan submitted. Staff notes this will change the submitted site plan on the southern half of the site. iv. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: Northbound left turn lane on Charlotte Dr. a. Northbound right turn lane on Charlotte Dr. b. Westbound Left Turn Lane on Mayfield. c. Widening taper eastbound on Mayfield to accommodate lane configuration. c. Inter parcel access shall be required on the west property line. Additional Interparcel walking trails are required to be installed, trail easements recorded, and the HOA documents shall include a section of Adopt A Trail creation. Sidewalk is required along the new Dinsmore Farms Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 25 of 29 RZ07-005/VC07-002 Rd. These items are required as this site is located with the radii of the Safe Routes to School limits. Access points and trail locations shall be as approved by the Transportation Engineer. d. Installation of a new decorative mast arm traffic signal at the corner of Charlotte Drive and Mayfield Road prior to a C.O. as approved by the Transportation Engineer. The applicant is required to meet with and coordinate his improvements with the developer on the North side of Mayfield as he extends Charlotte Dr. and his [future] improvements. Ideally these meetings will be at City Hall with staff present and minutes taken. e. Village Residential area shall have a private named alley. The site plan must provide adequate fire truck access in alleys and one-way conditions; as per the newly established Right-of-Way Ordinance as acceptable to the Transportation Engineer and Fire Marshal. This is required to be shown using either AutoTurn type software or mechanical methods for rear wheel tracking on LDP drawings. f. LDP plans shall meet the newly established Right of Way Ordinance as required by the Transportation Engineer. 5. a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, 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. The designed (assumed) underground facility may not be located on individual lots but may be located on common space, including if necessary locations underneath private alleys which may never be dedicated to the City as public. b. Stormwater detention facility 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, etc. Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 26 of 29 RZ07-005/VC07-002 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 Facilities: Road name: Mayfield Road Classification: Minor Arterial Level of Service: F Anticipated Traffic Generation Rates: Awaiting applicant’s traffic study 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. If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service prior to opening. Plans of this facility must be submitted to this department for review and approval at the time of application for a Land Disturbance Permit. Fulton County Schools Schools Crabapple Crossing Elementary Northwestern Middle Milton High School Estimated Number of Students Generated 6 to 10 4 to 5 4 to 6 State Capacity+ 800 1,100 1,925 Enrollment++ 831 1,206 2,088 Under/Over State Capacity+++ +31 +106 +163 Number of Portable Classrooms 07/08 School Year 4 4 4 Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 27 of 29 RZ07-005/VC07-002 Can Facility Meet Increased Demand? Yes Yes Yes + Updated Georgia Department of Education state capacity ++ Enrollment based upon the official 10 day count of the 2006-2007 school year. +++Positive values indicate numbers of students a facility is over state capacity/negative values indicated number of students a facility is under state capacity. Water and Wastewater (Sewer): Water: Anticipated water demand: 8,628 gallons per day This project is +/- 25 linear feet from an existing water pipeline, located along Mayfield Road. 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 Department of Public Works for more information. Sewer: Basin: Big Creek Treatment Plant: Big Creek Anticipated sewer demand: 6,740 gallons per day The nearest wastewater pipeline to this project is located in Land Lot 1136, District 2/2. Comments: 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. Hydrology: Staff notes that the submitted site plan shows likely inadequate detention area locations. Locations shall be as approved by the Stormwater Engineer. Drainage: Flood Plain: No Flood Plain. Fulton County Tax Assessor Property Tax ID#: 22 -4161-1134-041-2, Taxes are up to date. City of Milton Fire Marshal: • 25-foot distance between parking spaces • Identify road widths throughout • Identify hydrant locations • May have to provide a second exit Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 28 of 29 RZ07-005/VC07-002 16 APPENDIX B EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS Existing Commercial prior to the Plan - 20,408 square feet; Existing Office prior to the Plan- 5,229 square feet Parcel # Currently Zoning Petition/Name/ Location Approved SQ FT and/or Approved Density by Approved Overall on Map Zoned Total Acerage Units based on Sub Area Acreage Land Use Sub Area Density (++ Exceeds Plan Density) 1 MIX 03Z-115 / Crabapple Crossing Further Southeast 12,000 sq.ft. Vil. Mix 947.87 sq. ft/acre 12.66 Acres 31 units Mix Use/ Office/Res 4.94 units/acre (Under Development) 16 units Sub Vil B 2.5 units/acre 2 MIX 03Z-156 / Crabapple Crossroad East, North, and Wes 12,000 sq ft Vil. Mix 2,970.30 sq.ft/acre 293.98 sq ft/acre 40.82 Acres 7 units Vil Mix Use (4.04 acres) 1.74 units/acre (Under Development) 11 units Vil Off/Res (2.2 acres) 5 units/acre 8 units Sub Vil A (2.0 acres) 4 units/acre 63 units Sub Vil B (24.5 acres) 2.58 units/acre++ 5 units Rural Res (3.47 acres) 1.5 units/acre 6 units Res 0-1 u/a (4.61 acres) 1.31 units/acre++ 3 C-1 03Z-146/ Crabapple Tea Room Further Southeast 800 sq. ft Mix Use 536.92 sq.ft/acre 536.92 sq.ft/acre 4 C-1 04Z-134 / Further Southeast 1,500 sq.ft Vil Mix 1,153.85 sq ft/acre 1,153.85 sq.ft./acre 5 C-1 04Z-136/ Interior Decoration Further Southeast 2,500 sq.ft Vil Mix 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre 6 MIX 04Z-093/ Crabapple Station Southeast 19,000 sq.ft Vil Mix (5.63 acres) 3,374.77 sq.ft./acre 1,155.02 sq.ft./acre 16.45 Acres 3,000 sq.ft. Off/Res (3.22 acres) 931.68 sq,ft./acre 182.38 sq.ft./acre 28 Units Vil Mix (5.63 acres) 5 units/acre 11 Units Vil Off (3.22 acres) 3.42 units/acre 19 Units Sub Vil A (4.86 acres) 3.91 units/acre 7 Units Sub Vil B (2.74 acres) 2.56 units/acre* (*extra unit approved for historic house saved) 7 R-1 05Z-002/ Subdivision Far Southeast 8 units Rural Res (5.96 acre ) 1.35 units/acre 5.96 acres (Under Development) 8 C-1 05Z-030/ Far East 2,600 sq.ft. Vil Mix 6,089 sq.ft./acre 6,089 sq.ft./acre (See #13) .427 acre 9 MIX 05Z-070/ Crabapple Crossing East and 20,000 sq.ft. Vil Mix (7.84 acres) 2,551 sq.ft./acre 1,669.45 sq.ft/acre 11.98 acre (this includes rezonin further Northeas 20,000 sq.f ft Office in Vil Mix 2,551 sq.ft./acre 1,669.45 sq.ft/acre portion of 03Z-156) 39 Units Vil Mix (7.84 acres) 5 units/acre (Under Development) 5 Units Vil Off (1.04 acres) 5 units/acre 3 Units Sub Vil B (1.86 acres) 1.62 units/acre 2 Units Rural Res (1.18 acres) 2.55 units/acre* (*extra unit approved for hi 10 C-1 05Z-072 / Sally Rich Kolb Further Southeast 12,800 sq.ft. Vil Mix (1.36 acres) 9,500 sq.ft. counted 9,411.76 sq.ft./acre 1.36 acres 6,985.29 sq.ft/acre 12,800sf-1,850 existing- 1,450 sf bonus for saving historic house 11 C-1 05Z-110 / Larry Davenport Further Southeast 8,000 sq.ft Vil Mix 2.10 acres 6,300 sq.ft. Vil Off 12 MIX 05Z-117/ John Wieland Further North and Ea 2,532 sq ft Commercial Vil Mix 62.87 acres 36,468 sq ft Office Vil Mix (Under Development) 14 Units Vil Mix 1.61 units/acre 18 Units Vil Off/Res 7.01 units/acre++ 17 Units Sub Vil B 6.35 units/acre++ 50 Units Residential 0-1 1.09 units/acre++ 13 MIX 06Z-047 / Bruce Harris Far East 20,800 sq.ft. Vil Mix 3,946.87 sq.ft/acre (See #8) 5.27 acres (2,600 sq. ft. Already Counted via 05Z-30) 2 Units Vil Off/Res 0.75 units/acre 4 Units Sub Vil A 3.37 units/acre 14 C-1 06Z-074 / Patton Further Southeast 12,000 sf Vil Mix Comm. previously approved 03Z-115 7,453.42 sq.ft./acre 1.61 acres 8,203 sf Vil Mix 5,095.04 sq.ft./acre 15 C-1 06Z-079 Far East 1,953 sf Vil Mix Comm. Converted historic structure to non residential .941 acre storic house saved) NUP 05Z-025 West 32 units 3.64 units/acre 8.79 acres 17 R-3 84Z-079/ Crabapple Chase S/D South (City of Alpharetta) 1.7 units/acre (Residential) MHFA: 1,750 sf 18 AG-1 U95-75/Cell Tower Crabapple Knoll Vet Clinic Further West 19 R-4 Z94-079 Arbor North S/D Further Southwest 31 units 2.0 units/acre (Residential) 20 C-1 Z81-78 Family Dentistry Further Southeast (City of Alpharetta) 21 Alpharetta Gov't Center Further Southeast (City of Alpharetta) Prepared by the Community Development Department for the Planning Commission Meeting on June 26, 2007 6/21/2007 Page 29 of 29 RZ07-005/VC07-002 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 ARTICLE 33 - SIGNS Section 25: Restrictions Based on Location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this Section shall be prohibited in that district, except as otherwise provided for under this Article. The following standards govern signs within specific zoning districts. A. Permitted in all Zoning Districts 1. Signs during Construction. One (1) sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed twelve (12) square feet in area and five (5) feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last Certificate of Occupancy or two years, whichever one shall first occur. Thereafter, the permitee may reapply for a renewal permit subject to same termination conditions as set forth in this paragraph.. 2. Temporary Standard Informational Sign. Each lot and or development may display one (1) standard informational sign not exceeding (four) 4 square feet without a permit except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs. 3. Banners shall be allowed for a period not exceeding ten (10) consecutive days with no more than four (4) such ten (10) consecutive day periods being permitted per calendar year per lot. Banners shall not be more than twenty-four (24) square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five (5) feet above grade when on the ground. B. Agricultural District 1. Freestanding Signs. a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage . b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, and the light shall be screened from view Page 1 of 11 RZ07-006 – TEXT AMENDMENT with evergreen plantings as approved by the Community Development Director. Signs shall not have changeable copy size shall c. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole.. The flagpole shall not exceed twenty-fivetwenty (2520) feet in height. Flag not be more than twenty-four (24) square feet. d. Each residence may display up to 12 (twelve) square feet of signage with no single sign greater than 4 (four) square feet. C. Single Family Residential, CUP and NUP Districts 1. Freestanding Signs a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the Community Development Director and shall not have changeable copy. c. Flag. Each lot may display no more than one (1) flag and /or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty-four (24) square feet. d. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. D. Apartment and Townhouse Residential Districts 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. Page 2 of 11 RZ07-006 – TEXT AMENDMENT d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flags. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-fivetwenty (2520) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward . g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Page 3 of 11 RZ07-006 – TEXT AMENDMENT 3. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. E. O-I District 1. Billboards. Within Office-Institutional (O-I) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with .evergreen plantings as approved by the Community Development Director. Page 4 of 11 RZ07-006 – TEXT AMENDMENT f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-fivetwenty (2520) feet in height. Flag size shall not be more than twenty-four (24) square feet. 3. Wall Signs a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward. g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. F. Mixed Use District 1. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet. Page 5 of 11 RZ07-006 – TEXT AMENDMENT c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-fivetwenty (2520) feet in height. Flag size shall not be more than twenty-four (24) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may haven an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. Page 6 of 11 RZ07-006 – TEXT AMENDMENT h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. G. Commercial and Industrial Park Districts (M-1A) 1. Billboards. Within Commercial (C-1) and Industrial Park (M-1A) districts, freestanding signs shall not exceed one hundred twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2.. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. Page 7 of 11 RZ07-006 – TEXT AMENDMENT f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty-fivetwenty (2520) feet in height. Flag size shall not be more than twenty-four (24) square feet. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three (3) percent of the wall area. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. H. Industrial Districts 1. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed one hundred-twenty (120) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; Page 8 of 11 RZ07-006 – TEXT AMENDMENT b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twelve (12) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen planting as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall Page 9 of 11 RZ07-006 – TEXT AMENDMENT be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. I. Mobile Home Park District 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. Page 10 of 11 RZ07-006 – TEXT AMENDMENT 2. Wall Signs. a. Businesses may have no more than two wall signs. Corner buildings may have an additional wall sign. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular or oblique to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Page 11 of 11 RZ07-006 – TEXT AMENDMENT