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Home My WebLink AboutPacket - PC - 07-24-2007 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\Master PC Agenda 7 24 07\PCAGENDA JULY.doc 1 PLANNING COMMISSION AGENDA Tuesday, July 24, 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 June 26, 2007 Planning Commission Meeting Approval VI. REZONINGS Deferred A. RZ07-005 VC07-002 855 Mayfield Road To rezone from AG-1 to MIX to develop a total of 15,000 sq.ft. of medical office; 3,500 sq.ft of commercial; and 9 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.* (*Based on a revised site plan submitted on 7/12/07) CZIM-5/23/07 DRB-6/3/07 PC-6/26/07 DRB-7/10/07 MCC-8/16/07 Denial Denial Deferral 30 Days Deferral 30 Days VII. REZONINGS New A. RZ07-008 15260 Hopewell Road To rezone from AG-1 to C-1 the existing 1,179 square foot structure by Mark King. (Staff notes that MIX was the inappropriate district to request and the request has been amended to C-1. Also a concurrent variance is needed and therefore Staff is recommending Deferral to allow proper advertising.) CZIM 6/27/07 DRB 7/10/07 Deferral B. RZ07-009 UP07-002 VC07-006 3455 Morris Road To rezone from AG-1 to A (Staff notes that the site is currently zoned A pursuant to Z06-124 and therefore the rezoning petition RZ07-009 CZIM 6/27/07 DRB 7/10/07 MCC 8/16/07 Withdrawal Approval Conditional Denial City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council W:\Board of Commissions\Planning Commission\Master PC Agenda 7 24 07\PCAGENDA JULY.doc 2 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation portion of the request is not needed.) to develop a 9,500 square foot Montessori School and a concurrent variance to decrease the 20-foot landscape strip to 10 feet along Webb Road C. UP07-001 VC07-004 15386 Birmingham Hwy (SR 372) To request a Use Permit for a landscaping business (Article 19.4.27) to use an existing 1,200 sq. ft. home and a 500 sq. ft. barn and develop a 3,750 sq. ft. barn. The applicant is also requesting a 2 part concurrent variance to; Part 1: Reduce the 50-foot buffer and 10-foot improvement setback to a 25 foot buffer and 10-foot improvement setback along the east and west property lines (Article 12H.3.5.C.1.) Part 2: To reduce the 50-foot setback adjacent to AG-1 (Agricultural) to 30-feet along the east property line (Article 19.4.27.B.3.) CZIM 6/27/07 DRB 7/10/07 MCC 8/16/07 Approval Conditional Approval Conditional VIII. ADJOURN Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 1 of 30 RZ07-005 VC07-002 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 15,000 square feet of medical office within 4 new buildings; 3,500 square feet of retail commercial within 1 new building and 4 duplex residences and 1 single family residence.* 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 15,000 square feet of medical office within 4 buildings at an overall density of 3,667.48 square feet per acre; 3,500 square feet of retail commercial within 1 building at an overall density of 855.75 square feet per acre and 4 duplex residences and 1 single family residence at an overall density of 2.2 units per acre. The applicant is also requesting a concurrent variance to reduce the 75-foot buffer and 10-foot improvement setback to a 15-foot landscape strip along property lines adjacent to AG-1 (Agricultural). * COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-005 – DENIAL VC07-002 - DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 2 of 30 RZ07-005 VC07-002 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 3 of 30 RZ07-005 VC07-002 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 4 of 30 RZ07-005 VC07-002 Crabapple Crossroads Land Use Plan Map Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 5 of 30 RZ07-005 VC07-002 SITE PLAN – May 3, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 6 of 30 RZ07-005 VC07-002 Revised Site Plan 7/12/07 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 7 of 30 RZ07-005 VC07-002 Subject Site - Dinsmore Farm House (View looking south from Mayfield) Subject Site (Looking toward Charlotte Drive) Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 8 of 30 RZ07-005 VC07-002 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? Based on the Revised Site Plan submitted on July 12, 2007, 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. However, the stated density for office, 8,620.69 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 the site to 3,802.56 square feet per acre pursuant to 06Z-047 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 9 of 30 RZ07-005 VC07-002 directly across the street to the north on Mayfield Road. The proposed residential density of 3.83 units per acre is below the recommended residential 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. Office has been approved pursuant to 06Z-074 on the north side of Mayfield Road. 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 is 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 along Mayfield Road) The revised site plan submitted July 12, 2007 proposes 15,000 square feet of medical office within 4 newly constructed buildings (Buildings #1-#4) at a density of 8,620.69 square feet per acre based on 1.74 acres. The density for office is more than recent Board Policy and is below the recommended density for office per the Crabapple Crossroads Plan of 10,000 square feet per acre. The Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 10 of 30 RZ07-005 VC07-002 site plan indicates that Building 1 is partially located within the Sub Village A Sub Area. Although it is inconsistent with the Plan, it appears that by moving this building further south; the large 52” White Oak near the northeast corner can be preserved. The applicant is proposing 3,500 square feet of retail commercial in Building #5 at a density of 2,011.5 square feet per acre. This is consistent with previous Board Policy for approved retail commercial uses in the area. Staff notes that the applicant originally proposed preserving the Dinsmore Farm House which is listed on the 1996 Fulton County Historic Resources Survey. Based on the revised site plan, the Dinsmore Farm House will be removed because of extensive deterioration and the presence of lead and asbestos in the building. The applicant has stated that he is willing to replicate the home with one of the newly constructed buildings. A previous site plan submitted on July 10, 2007 was presented to the City of Milton Design Review Board on July 10, 2007. The DRB was not opposed to the demolition of the house and supported the idea of it being replicated on the site. Staff notes the request for office and retail commercial is inconsistent with the policy and intent of the Plan and past Board policy of upholding the maximum 100,000 square feet for each office and retail commercial for the Crabapple Crossroads Overlay District. Sub Village Residential A- (2.35 acres) The revised site plan proposes 4 duplexes and 1 single family residence for a total of (9) single family residences at a density of 3.83 units per acre based on the 2.35 acres within the Sub Village Residential A sub area. This is below the recommended density of 4 units per acre for Sub Village Residential A. Permitted residential uses include duplex, single family alley access, single family small lot and single family standard lot A. According to the revised site plan, indicating 4 duplex residential units and 1 single family alley access lot, it is consistent with the Crabapple Crossroads 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. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 11 of 30 RZ07-005 VC07-002 • 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 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 square foot cap for retail/commercial and 100,000 square foot cap for 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 revised site plan submitted, the applicant shows the following specimen trees to be preserved: • 52” White Oak, 50” White Oak, 36” Red Oak, 27” Red Oak. In addition, the applicant will utilize a pervious pavement system to help reduce water runoff. H. Existing uses and zoning of nearby property (See Map following table) Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 12 of 30 RZ07-005 VC07-002 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) Saint Michelle S/D City of Alpharetta Single Family Residential Subdivision N/A N/A North/ Northeast 13 06Z-074/Bruce Harris 5.27 acres 20,800 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 North 24 99Z-195 C-1 Strawberry Fields Art Gallery None Stated 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 C-1 Existing Buildings with 3,000 sq.ft. addition Further Northwest 23 Z86-283 Bryan & Contereas C-1 493.83 sq ft/acre Further Northwest 22 M-1 (Manufacturing) Heart of Crabapple Unconditional 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 Northwest 25 C-1 Gas Station Unconditional 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 West 21 C-1, AG-1 City of Alpharetta Government Center Further Southwest 14 06Z-74/C-1 Crabapple 12,000 sf Comm in Vil Mix (Previously 7,453.42 sf/acre 5,095.04 sf/acre Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 13 of 30 RZ07-005 VC07-002 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 347.87 sf/acre 2.5 u/a Further Southwest 4 04Z-134 C-1 1,500 sq. ft. Vil Mix 1,153.85 sq.ft./ acre 1,153.85 sq.ft. / acre 5 04Z-136 C-1 Interior Decoration 2,500 sq.ft. Vil Mix Further Southwest 4,901.06 sq.ft./acre 4,901.06 sq.ft./acre West 11 05Z-110 Larry Davenport MIX 2.10 acres 8,000 sq.ft. Vil Mix 6,300 sq.ft. Vil Off 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- Southwest 9,411.76 sq.ft./acre 1,450 sf bonus for saving historic house 3 South 03Z-146 Crabapple Tea Room 800 sq. ft. Mix Use 536.92 sq.ft/acre 536.92 sq.ft./acre EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 14 of 30 RZ07-005 VC07-002 I. Suitability of the subject property under the existing zoning district for the proposed use? The proposed use cannot be developed under the AG-1 (Agricultural) district. The applicant is requesting a higher density of residential as well as office and commercial 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. 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? 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 alternate 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? 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? Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 15 of 30 RZ07-005 VC07-002 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 consistent with the overall Crabapple Crossroads Land Use Plan for the area except the portion of the office use within the Sub Village Residential A which does not fulfill the purpose of the Crabapple Crossroads Land Use Plan. 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 revised site plan submitted to the Community Development Department on July 12, 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 Mayfield Road between 0 to 10 feet maximum and Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 16 of 30 RZ07-005 VC07-002 requires between 10 to 20 feet maximum along Charlotte Drive. 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 Mayfield Road and a 7-foot minimum landscape strip along Charlotte Drive. The site plan appears to be compliant with these requirements. 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 Spaces Provided Medical Office (15,000 sq.ft.) Retail Commercial (3,500 sq.ft.) Total 4 spaces per 1,000 sq. ft. of building area (60 spaces) 5 spaces per 1,000 sq. ft. of Building area (18 spaces) 78 spaces required 76 spaces provided The site plan shows a total of 76 spaces on the site. Per the Zoning Ordinance, 78 spaces are required which is 2 more than provided. The applicant may request an Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 17 of 30 RZ07-005 VC07-002 administrative variance for a 10 percent reduction in parking which would bring the development in compliance. 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 9 residential units as follows: Sub Area Number and Type Minimum Lot Size Sub Village Residential A 8 duplexes within 4 buildings N/A Sub Village Residential A 1 single family alley access residential Up to 4,800 square feet The applicant’s request is consistent with Article 12H(1).6.B.1. The site plan is consistent with the recommended housing types for Sub Village A. MINIMUM HEATED FLOOR AREA The applicant is requesting the following minimum heated floor areas: • Duplexes – 1,800 square feet • Single Family Residential – 3,000 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: Buildings A-H: Duplexes Building I: Single family alley access The applicant has not indicated any specific setbacks for the two types of residential development. The duplexes and single family alley access unit must conform to the following Crabapple Crossroads Overlay District for Required Building Setbacks and Frontage: Lot Size: Up to 4,800 square feet Minimum Lot Frontage: 20 feet Maximum Front Yard Setback: 10 feet Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 18 of 30 RZ07-005 VC07-002 Minimum Side Yard Setback: 5 feet Minimum Rear Yard Setback: 5 feet Medical Office Buildings and Commercial Retail – Village Mixed Use Per the revised site plan submitted July 12, 2007: Building #1 Medical Office: 5,000 square feet Building #2 Medical Office: 3,000 square feet Building #3 Medical Office: 3,000 square feet Building #4 Medical Office: 4,000 square feet Building #5 Retail Commercial 3,500 square feet The site plan indicates four (4) medical office buildings that are a maximum of 5,000 square feet in size. As noted previously, the applicant will not be keeping the Dinsmore House but is willing to replicate it on the site. If approved, the conditions will reflect the 4 buildings with a total of 15,000 square feet and 1 building with 3,500 square feet for retail commercial. The Crabapple Crossroads Overlay District does not address size of buildings, but in the Crabapple Crossroads Plan states that building size and setback should conform to the Northwest Fulton Overlay District standards. Non-institutional buildings shall be no larger than 25,000 square feet and buildings within 400 feet of an intersection shall have a 20-foot separation from one another. It appears that the proposed site plan conforms to these standards. OTHER CONSIDERATIONS The revised site plan shows a new road along the south property that allows for future inter-connectivity with Mid Broadwell Road. Staff notes that the proposed road is only 25 feet and the minimum right of way width required to develop this road is 50 feet. 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 open space 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 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 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 19 of 30 RZ07-005 VC07-002 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. 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 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 two e-mails in opposition to the proposed development which is attached. The applicant is planning to meet with members of the community the week of July 16 to address any concerns or questions they may have. 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. City of Milton Design Review Board Meeting – July 12, 2007 The applicant submitted the July 10, 2007 revised site plan for review by the DRB. They also were not opposed to the elimination of the Dinsmore Farm House and for it to be replicated on the site. The DRB was also concerned about the size of the larger non-residential buildings. They recommended that they reflect the surrounding existing buildings in size in scale. Based on this input, the applicant submitted a revised site plan on July 12, 2007. 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 July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 20 of 30 RZ07-005 VC07-002 Since the deferral of the petition on June 26, 2007, the sign on Mayfield Road and Charlotte Drive was revised to reflect the new hearing dates. The notice of rezoning was sent with the revised hearing dates on July 9, 2007. 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 is 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. A set of Alternate 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 Recommended 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 July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 21 of 30 RZ07-005 VC07-002 ALTERNATE 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 revised site plan received by the Community Development Department on July 12, 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 July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 22 of 30 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 sufficient land along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Crabapple Crossroads Plan and the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. i. Inter-parcel access points as required by Community Development Director. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to 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 50 feet right-of-way for connector road, location to be approved by the Transportation Engineer. 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. iii. 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 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 Inter-parcel walking trails are required to be installed, trail easements recorded, and the HOA documents shall include a section of Adopt A Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 23 of 30 RZ07-005 VC07-002 Trail creation. Sidewalk is required along the new road. 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. 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. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 24 of 30 RZ07-005 VC07-002 RECOMMENDED 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 855.75 gross square feet per acre zoned or a total of 3,500 square feet, which ever is less,(2,011.5 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; 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 3,667.48 square feet of gross floor area per area zoned (8,620.69 square feet per acre based on 1.74 acres of Village Mixed Use)or a total gross floor area of 15,000 square feet, whichever is less. c. Limit the number of office buildings to 4, not exceeding 5,000 square feet. d. 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). 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 of the City Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 25 of 30 RZ07-005 VC07-002 of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on July 12, 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. 3. To the owner’s agreement to the following site development considerations: a. Duplexes – 4 with a total of 8 residential units Single Family Alley Access residence – 1 b. Lot Size: Up to 4,800 square feet Minimum Lot Frontage: 20 feet Maximum Front Yard Setback: 10 feet Minimum Side Yard Setback: 5 feet Minimum Rear Yard Setback: 5 feet c. Minimum heated floor area: Duplexes – 1,800 square feet Single Family Alley Access residence – 3,000 square feet 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) Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 26 of 30 RZ07-005 VC07-002 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve sufficient land along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Crabapple Crossroads Plan and the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. i. Inter-parcel access points as required by the Community Development Director b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to 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 50 feet right-of-way for connector road, location to be approved by the Transportation Engineer. 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. iii. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: . a. Northbound right turn lane on Charlotte Dr. b. Northbound left turn lane on Charlotte Dr. c. Westbound Left Turn Lane on Mayfield. d. Widening taper eastbound on Mayfield to accommodate lane configuration. c. Inter parcel access shall be required along the west property line. Additional Inter-parcel 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. These items are required as this site is located with the radii of the Safe Routes to Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 27 of 30 RZ07-005 VC07-002 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 Certificate of Occupancy as approved by the Transportation Engineer. 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 July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 28 of 30 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 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 Can Facility Meet Increased Demand? Yes Yes Yes Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 29 of 30 RZ07-005 VC07-002 + 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 July 24, 2007 *Based on the Revised Site Plan received by the Community Development Department on 7/12/07 7/20/2007 Page 30 of 30 RZ07-005 VC07-002 APPENDIX B 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 CrossroadEast, 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 rezoninfurther 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 historic house saved) 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 16 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) EXISTING ZONING AND USES IN CRABAPPLE CROSSROADS Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 1 of 17 RZ07-008 PETITION NUMBER: RZ07-008 PROJECT NAME The Milton Market PROPERTY INFORMATION ADDRESS 15260 Hopewell Road DISTRICT, LAND LOT 2/2, 534 OVERLAY DISTRICT Northwest Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING C-1 (Community Business) ACRES 0.524 EXISTING USE Former general store PROPOSED USE N/A OWNER Reunion Park, LLC ADDRESS 15260 Hopewell Road PETITIONER/REPRESENTATIVE Mark King ADDRESS 240 Holcombe Hill Lane Alpharetta, GA 30004 PHONE (770) 777-0863 INTENT To rezone to C-1 (Community Business) the existing 1,179 square-foot general store for an overall density of 2,250 square feet per acre. Note: The Staff recommended an inappropriate zoning district, C-1 (Community Business) for the proposed rezoning. Therefore, the proposed request is C-1 (Community Business) and includes only 0.524 acres for this district, allowing the single family residence to remain AG-1 (Agricultural). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-008 – DEFERRAL 30 DAYS Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 2 of 17 RZ07-008 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 3 of 17 RZ07-008 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 4 of 17 RZ07-008 SITE PLAN – June 5, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 5 of 17 RZ07-008 SUBJECT SITE – STREET VIEW (HOPEWELL RD) SUBJECT SITE: The subject 0.524 acre site is zoned AG-1 (Agricultural) with an existing single family house and a former general store. 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 C-1 (Community Business) zoning is inconsistent with the Focus Fulton 2025 Comprehensive Land Use Plan which recommends that this site be developed with Agricultural, Forestry and Mining. The proposed 1,179 square feet of commercial retail, within the former general store, is primarily inconsistent with the Focus Fulton 2025 Comprehensive Land Use Plan. 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 and will likely have an adverse effect on the use or Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 6 of 17 RZ07-008 usability of adjacent and nearby properties. In addition, the proposed zoning is inconsistent with the Focus Fulton 2025 Comprehensive Land Use Plan and adjacent and nearby zoning. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The existing store maybe utilized for other uses permitted in 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? It is Staff’s opinion that the proposed use may cause increased burden on the streets and transportation facilities and utilities. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning is inconsistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Agricultural, Forestry and Mining Proposed use/density: General Store / 2,250 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Agricultural, Forestry and Mining on the surrounding properties to the subject site. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is inconsistent with the following Plan Policies: • Preserve the existing rural character, as defined by such factors as agricultural uses, visual appearance, tree densities, greenspace, vegetation and use. • Preserve and promote agricultural uses, as appropriate. 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? Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 7 of 17 RZ07-008 Staff notes that there is no evidence supporting an approval of the use proposed, but the fact that all surrounding properties are zoned for AG-1 (Agricultural) and are recommended for Agricultural, Forestry and Mining by the Focus Fulton 2025 Comprehensive Land Use Plan gives supporting grounds for denial. 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 the proposed rezoning will have a minimal impact on the environment and natural resources. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northeast 2 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 3 (AG-1) AG-1 (Agricultural) Bell Memorial Park & Various Single-Family Residential 1 unit/acre (Various sq.ft.) Southeast 4 (AG-1) AG-1 (Agricultural) Champions Overlook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) South 5 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Northwest 6 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 8 of 17 RZ07-008 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 9 of 17 RZ07-008 H. Suitability of the subject property under the existing zoning district for the proposed use? The use can not be developed under the AG-1 (Agricultural) district. The applicant is requesting a retail use that is not permitted under AG-1. I. 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 C-1 (Community Business). This zoning district allows for the proposed retail/service commercial use. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to C-1 (Community Business) would create an isolated district. There is currently no C-1 (Community Business) or C-1 (Community Business) in the immediate vicinity of the proposed rezoning and the site is completely surrounded by AG-1 (Agricultural). K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? Staff notes that the proposed change of zoning may have a negative impact on the character of the Northwest Overlay District by setting a precedent for future commercial retail to develop along the Hopewell Road corridor. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? Staff is of the opinion that the change in the zoning may be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Staff notes that the proposed rezoning may have an impact on the environment because of the impervious surface of the existing parking lot and absence of landscape strips. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 10 of 17 RZ07-008 N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning as submitted is not consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area because the proposed land use does not match the recommended Agricultural, Forestry and Mining designation. O. 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 rezoning indicates the non-residential use towards Hopewell Road and continues to use the single family home as a residence. This is not consistent with the area land uses of single family residential and agricultural uses. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There are currently no existing approved zonings and land use classifications surrounding the subject site that are similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on June 5, 2007, Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS Article 12H.3.5 Section C.1 of the Northwest Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements. The applicant’s site plan shows compliance with the requirement. BUILDING HEIGHT Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 11 of 17 RZ07-008 Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant’s proposal has indicated no changes to the existing structures on the property which are compliant with the requirement. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a 50’ undisturbed buffer, with a 10’ improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The site plan does not show conformance with this requirement. Staff recommends that the petition be DEFERRED 30 DAYS to allow proper notification of a concurrent variance to reduce the 50’ undisturbed buffer and 10’ improvement setback to a 10’ landscape strip planted to buffer standards along the south property line. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided • Retail Service Commercial (1,179 sq. ft.) Total • 6 spaces per 1,000 sq. ft. of building area (5 spaces) 6 spaces required • 6 spaces provided 6 spaces provided Staff notes that the applicant is providing six (6) parking spaces, which meets the required six (6) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H.1. PUBLIC INVOLVEMENT On June 27th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were five to seven members of the community in attendance. They were primarily concerned with the inconsistency of the submitted plan, for the general store, with the Focus Fulton 2025 Comprehensive Land Use Plan which recommends Agricultural, Forestry and Mining for the subject site. In addition they feel that approval of this existing structure as a retail store will set a precedent for further non-residential zonings in the area. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 12 of 17 RZ07-008 Public Comments – Staff has received approximately 5 e-mails with the same concerns as stated above which are attached to this report. City of Milton Design Review Board Meeting – July 10, 2007 The following comment was made by the DRB: o Concerned if there would be adequate parking. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on July 4th, 2007 and the sign was installed before the required date of July 3rd, 2007 along the frontages of Hopewell Road and Thompson Road. The notice of rezoning was sent, to adjacent property owners on July 9th, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed commercial retail and residential development is inconsistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and inconsistent with recent Board Policy. Staff recommends a need for a concurrent variance to reduce the 50’ undisturbed buffer and 10’ improvement setback to a 10’ landscape strip planted to buffer standards. Therefore Staff recommends that this request to C-1 (Community Business) be DEFERRED 30 DAYS. A set of Recommended 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 July 24, 2007 7/20/2007 Page 13 of 17 RZ07-008 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses in the existing structure, including all exterior food and beverage service areas, at a maximum density of 1,871.43 gross square feet per acre zoned or a total of 1,179 square feet based on .63 acre, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements, day care, businesses with drive-through service, 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; outdoor vending machines, kiosks or other stands except ATM machines; dry cleaning plant excluding dry cleaning establishments which offer drop-off/pickup service only; 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 of related machines, tapes, discs, books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops; massage parlors or spas, excluding day spas; bars, lounges or other establishments whose principle business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on June 5, 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 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 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 14 of 17 RZ07-008 Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the Land Disturbance Permit 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, should more than 5,000 square feet be impervious or disturbed (whichever is greater) on the entire parcel. Locations shall be as approved by the Stormwater Engineer. 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, rain garden, etc. c) To pump out the existing septic tank prior to Certificate of Occupancy. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to 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 a 20-foot easement for the Milton Trail along Hopewell Road and Thompson Road. Install section of trail Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 15 of 17 RZ07-008 along each frontage as approved by the Transportation Engineer (iii) Provide 20-foot from centerline right-of-way along both Thompson Road and Hopewell Road. c) Driveway entrances shall meet the Community Service Policies and AASHTO guidelines. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 16 of 17 RZ07-008 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: Comments: • The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. • Note that the site was paved up to the existing edge of roadway without a Right-of-Way permit. This work does not meet City standards for location and no asphalt cores were produced for City acceptance. • All rezonings are required to submit traffic studies per Right-of-Way Ordinance, Article 8. Note that a scoping meeting is required prior to beginning a traffic study and that traffic. • Counts are not valid during the summer of the school year (until August 15, 2007). • Scope of Required Traffic Study: o Sight distance certification for all entrances o Checklist for Traffic Impact Studies o Discuss of how commercial use will affect offset intersection geometry and operation. Fulton County Health Department: Comments: • 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 Comments: • Staff notes that the proposed rezoning will have minimal impact on the surrounding school system. Fulton County Tax Assessor: Property Tax ID #: 22-4880-0534-019-6 Water and Wastewater (Sewer): Water: Fulton County Public Works Department Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 17 of 17 RZ07-008 Anticipated water demand: No data available at printing. This parcel is not on public sewer Comments: This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Fulton County Department of Public Works for more information. 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. Drainage: Flood Plain: No flood plain Hydrology: Types of detention proposed: None proposed, water quality required. If greater than 5,000 square feet, then detention required. Comments: • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • No comment Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 1 of 19 RZ07-009 UP07-002 VC07-006 PETITION NUMBER(S): RZ07-009 UP07-002 VC07-006 PROJECT NAME Montessori School PROPERTY INFORMATION ADDRESS 3455 Morris Road DISTRICT, LAND LOT 2/2 1045, 2/1 1044 OVERLAY DISTRICT State Route 9 EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING A (Medium Density Apartments) and Use Permit (Article 19.4.15) ACRES 2.96 EXISTING USE 3 abandoned buildings PROPOSED USE Day Care Facility OWNER James Bagwell PETITIONER/REPRESENTATIVE AHD Consultants, Inc. / David Shokoohi ADDRESS 2145 Barnsmill Road, Marietta, GA 30062 PHONE 770-565-3933 INTENT To rezone from AG-1 (Agricultural) to A (Medium Density Apartments) and to request a Use Permit (Article 19.4.15) for a day care center to develop a 9,500 square foot Montessori School with eight (8) classrooms at a density of 3,209.46 square feet per acre. The applicant is also seeking a Concurrent Variance to decrease the 20-foot landscape strip to 10 feet along Webb Road. (Since the application was submitted, it was discovered that the subject site is currently zoned A (Medium Density Apartments) pursuant to Z06-124, therefore the request for a rezoning is no longer needed. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-009 – WITHDRAWAL UP07-002 – APPROVAL CONDITIONAL VC07-006 - DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 2 of 19 RZ07-009 UP07-002 VC07-006 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 3 of 19 RZ07-009 UP07-002 VC07-006 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 4 of 19 RZ07-009 UP07-002 VC07-006 SITE PLAN – June 7, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 5 of 19 RZ07-009 UP07-002 VC07-006 Subject Site from Morris Road Subject Site from Morris Road Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 6 of 19 RZ07-009 UP07-002 VC07-006 Subject Site from Webb Road A. Existing uses and zoning of nearby property (See Map following table) Location Parcel /Zoning Petition Zoning/Name Approved Density North & East 1 (Z96-124) A (Medium Density Apartments) Alta Park Apts. 12 unit/acre South 2 (Z96-125/ U96-67) O&I (Office-Institutional)/ Use Permit to exceed height One Deerfield Centre 19,998 sq.ft./acre and 420 room hotel Southwest 3 (Z02-53) C-2 (Community Business) Exxon and Various Retail/Service 15,000 sq.ft./acre Farther Southwest 4 (Z97-125/U97- 54) O-I (Office-Institutional)/Use Permit to exceed height Deerfield Corporate Centre 16,000 sq.ft./acre West 5 (05Z-22) MIX (Mixed Use) Deerfield Green 8 units/acre, 2,000 sq.ft. minimum heated floor area Retail/Commercial / 1,760.91 sq/ft per acre Farther Northwest 6 (Z00-31) TR (Townhouse Residential) Morris Lake 6.23 units/acre Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 7 of 19 RZ07-009 UP07-002 VC07-006 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 8 of 19 RZ07-009 UP07-002 VC07-006 SUBJECT SITE: The subject site contains 2.96 acres on the northeast corner of Webb and Morris Roads. The property currently is developed with three large abandoned buildings which will be demolished prior to development of the parcel. It is currently zoned A (Medium Density Apartments) pursuant to Z96-124 and located within an 8 to 12 units per acre Residential land use designation on the Focus Fulton 2025 Comprehensive Future Land Use Map. After further research by Staff, it was determined that the existing zoning for both parcels included in the application was zoned A (Medium Density Apartments) pursuant to Z96-124. Therefore, a rezoning from AG-1 (Agricultural) to A (Medium Density Apartments) is not required. Therefore, Staff is recommending that this portion of the application be withdrawn since a Use Permit for a Day Care Facility is permitted in A (Medium Density Apartments). Since the rezoning application was advertised for AG-1 (Agricultural) to A (Medium Density Apartments, Staff’s discussion is included below: 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 A (Medium Density Apartments) zoning to develop a day care center is consistent with the Focus Fulton 2025 Comprehensive Future Land Use Plan Map that recommends 8 to 12 units per acre Residential. The adjacent and nearby property to the east, north and west is zoned and developed for medium density residential and developed or under development with multi-family residential uses. 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 school and day care center will not adversely affect the existing use or usability of adjacent or nearby properties if developed with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 9 of 19 RZ07-009 UP07-002 VC07-006 The subject site may have a reasonable use as currently zoned which is A (Medium Density Apartments). 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? The proposed development is not anticipated to have an adverse impact on the existing public facilities and services in this area, provided the Recommended Conditions are incorporated into the development of the subject site. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed multi-family zoning and day care center is consistent with the policies and intent of the Focus Fulton 2025 Land Use Plan. A brief description of the project is noted below: Focus Fulton 2025 Land Use Plan Map: 8 to 12 units per acre Residential Proposed use/density: Day Care Center / 3,209.46 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests 8 to 12 units per acre Residential to the north and east of the subject site; to the south the Plan Map suggests Office; Retail & Service to the southwest and Living-Working to the west. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Encourage compatible institutional uses in neighborhoods and communities. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Direct development to areas where infrastructure is provided or planned. • Locate housing, employment centers and services in areas where public transit and transportation infrastructure are available or planned. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 10 of 19 RZ07-009 UP07-002 VC07-006 F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Existing zonings of high density residential and office in the area and adopted land use policies support this request for Medium Density Apartments to develop a day care facility. The proposal will call for the removal of aging/dilapidating structures on the property, which currently pose a public safety and code enforcement concern in their existing state of disrepair. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Milton. However, the applicant is required to comply with all of the City’s environmental regulations at the time of application for Land Disturbance or Building Permit. In the interest of the public health, safety and welfare, the Mayor and Milton City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: A. Whether the proposed use is consistent with the Land use or development plans adopted by the City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.15 of the Zoning Ordinance, the proposed development is consistent with the intent and the following policies of the Focus Fulton 2025 Land Use Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Direct development to areas where infrastructure is provided or planned. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 11 of 19 RZ07-009 UP07-002 VC07-006 • Locate housing, employment centers and services in areas where public transit and transportation infrastructure are available or planned. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The proposed development is compatible with land uses and zoning districts in the surrounding area, if the site is developed in accordance with Staff’s Recommended Conditions and other City of Milton development standards. The proposed 9,500 square foot day care center at a density of 3,209.46 square feet per acre is compatible with the surrounding multi-family residential and office development in the area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; Staff anticipates that there will be an increase in vehicular traffic flow with the proposed day care center. There maybe some increased pedestrian flow since there is a concentration of high density residential within walking distance. The applicant will be providing the required sidewalks along both Webb and Morris Roads. Typically, this type of use is utilized by residents and employees who are already utilizing the surrounding road system. Road improvements included in the Recommended Conditions will help to mitigate any negative impacts of increased traffic in the area. E. The location and number of off-street parking spaces: The applicant’s site plan shows that 24 parking spaces will be provided for the proposed use and will be located in front and to the side of the building. Staff is of the opinion that given the required landscaping along perimeter property lines, there will be little to no impact on adjacent properties. F. The amount and location of open space: Staff is of the opinion that the required building setbacks along with buffers and landscape strips should provide adequate open space for the Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 12 of 19 RZ07-009 UP07-002 VC07-006 site. In addition, the applicant shows a large portion of the site undeveloped in the front of the property. G. Protective Screening: The required landscape strips along Webb and Morris Roads and interior property lines will screen the proposed use from adjacent residentially zoning properties to the east, north and west, thus minimizing negative impacts. The site shall provide a 6-foot high opaque privacy fence interior to landscape strips and around the around the periphery of the proposed play area. H. Hours and Manner of Operation: The applicant has stated that the operations for the day care will be Monday through Friday, 6:30 a.m. to 6:30 p.m. The facility will be closed on Saturday and Sundays. Staff is of the opinion that this use will not negatively impact the adjacent properties if the Staff’s Recommended Conditions are implemented to minimize the increased number of trips generated by the use. Typically, this type of use is utilized by residents and employees who are already utilizing the surrounding road system. I. Outdoor Lighting: The applicant has not indicated to Staff that there will be any type of outdoor lighting. Given that there will be some sort of lighting within the parking lot that shall conform to Article 12G.4.D. of the State Route 9 Overlay District at the time of Land Disturbance Permit. Staff is of the opinion that the required landscape strips will minimize lighting escaping from the site. J. Ingress and Egress to the property: The applicant’s site plan indicates that a driveway would be provided from Webb Road to access the property. The site plan shows an appropriate placement of the commercial driveway away from the intersection of Webb and Morris Roads. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on June 7, 2007 Staff offers the following considerations: Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 13 of 19 RZ07-009 UP07-002 VC07-006 BUILDING SETBACKS Pursuant to Article 7.3.3., A (Medium Density Apartment District) the following building setbacks are required: Front – 40 feet along Morris Road Side Corner – 40 feet along Webb Road Rear – 25 feet along the east property line Side – 25 feet along the north property lines The site plan indicates conformance with the above specified building setbacks. BUILDING HEIGHT The applicant has stated that the proposed building will be 2 stories in height. It does not specify the exact height but Staff notes that the A (Medium Density Apartment District) allows buildings to be a maximum of 45 feet or 3 stories, whichever is higher. It appears that the proposed building will be in conformance with the district standards for height. LANDSCAPE STRIPS The site plan indicates a 10-foot landscape strip adjacent to interior property lines which is in conformance with Article 4.32.1 of the Zoning Ordinance. The site plan indicates a 40-foot and 20-foot landscape strip along Webb and Morris Roads respectively. The required landscape strips pursuant to 12G.4.A requires a 20-foot landscape strip. The applicant is requesting a concurrent variance from 20 feet to 10 feet where the parking lot encroaches along the south property line. Staff notes that only a 20-foot landscape is required. Based on the configuration of the parcel, the amount of undeveloped property and that the site is providing more parking than required; Staff is of the opinion that the applicant has not demonstrated a hardship that is not self-imposed. Therefore, Staff recommends DENIAL of VC07-006 to reduce the landscape strip where the parking encroaches along the south property line. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided • Day Care Facility (9,500 sq.ft.) (10 employees at largest Shift) • 1.7 spaces per 1000 sq.ft plus one per 4 employees on the largest shift. (16 spaces plus 3 for • 24 Spaces Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 14 of 19 RZ07-009 UP07-002 VC07-006 employees ) 19 total spaces required The applicant has indicated 10 employees on the largest shift. The total number of spaces required is 19 and the site plan shows 24 spaces. At the time of Land Disturbance, the applicant will be required to show compliance with the minimum required parking spaces for the use. OTHER CONSIDERATIONS The proposed development is in compliance with the State Route 9 Overlay District Standards. Staff notes that prior to a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review it prior to these permits being issued. PUBLIC INVOLVEMENT The applicant attended the Community Zoning Information Meeting on June 27, 2007. There was no opposition to the proposed Montessori School at the meeting. In addition, the Staff has not received any e-mails or phone calls regarding this petition. City of Milton Design Review Board Meeting – July 10, 2007 The applicant was not present at the Design Review Board meeting. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on July 4, 2007 and the sign was installed before July 3, 2007 along the frontages of Webb and Morris Roads. The notice of rezoning was sent via United States Postal Service on July 9, 2007. Public Participation Plan and Report The applicant has met the requirements of Part 1 of the Public Participation Plan as required by the Zoning Ordinance. CONCLUSION In Staff’s opinion, the proposed day care facility is consistent with Plan policies and is an appropriate use for the area, if developed with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends the Use Permit be APPROVED CONDITIONAL subject to the Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 15 of 19 RZ07-009 UP07-002 VC07-006 attached Recommended Conditions. Staff recommends that the rezoning request, RZ07-009 be WITHDRAWN since it is not necessary. Staff is of the opinion that the requested reduction of the 20-foot landscape strip to 10 feet along the south property line adjacent to the parking would not meet the intent and policies of the Zoning Ordinance. Therefore, Staff recommends DENIAL of the concurrent variance Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 16 of 19 RZ07-009 UP07-002 VC07-006 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED A (Medium Density Apartment) CONDITIONAL and a Use Permit for a Day Care Facility (Article 19.4.15) 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. Restrict the use of the subject property to a day care facility at a maximum density of 3,209.46 square feet per acre zoned or a total gross floor area of 9,500 square feet, whichever is less. b. Restrict the number of students in the day care facility to 160. 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Community Development Department on June 7, 2007. Said site plan is conceptual in nature and must meet or exceed the requirements of the Zoning Ordinance, all 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. Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Human Resources and file a copy of the approved registration with the Community Development Department. 3. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve sufficient along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 17 of 19 RZ07-009 UP07-002 VC07-006 b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to 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 45 feet of right-of-way from centerline of both Morris Road and Webb Road. c. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer. Driveway entrances shall provide for the ninety-five percent (95%) queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of two hundred feet. 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 facility is required to be underground. Locations shall be as approved by the Stormwater Engineer. 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, rain gardens, etc. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 18 of 19 RZ07-009 UP07-002 VC07-006 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: Comments: • The proposed conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. • A traffic study is required for this rezoning per Right-of-Way Ordinance Article 8 (Daycare, School, Rezoning) prior to the issuance of a Land Disturbance Permit. Note that the ordinance also requires a scoping meeting prior to such study beginning and that counts are required to be done during the school year (no earlier than August 15, 2007). • Scope of Traffic Study Required: o Sight distance certification of all entrances o Fulfill City Checklist for Traffic Impact Study Fulton County Health Department: Comments: • 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 permit 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 Tax Assessor: Property Tax ID #: 21-5480-1044-003 – Taxes are up to date. Water and Wastewater (Sewer): Water: Anticipated water demand: Waiting for comments from Fulton County Public Works. Comments: • This information does not guarantee that adequate water volume and pressure are available at this time or will be adequate upon application of permits. Please contact the Fulton County Department of Public Works for more information. Sewer: Basin: Big Creek Treatment Plant: Big Creek Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 19 of 19 RZ07-009 UP07-002 VC07-006 Anticipated sewer demand: Awaiting comments from Fulton County Public Works. 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. Drainage: Flood Plain: No flood plain Hydrology: Type of Detention Proposed: Dry pond with four sided concrete walls. Underground vault/pipes are requested when four sided concrete “ponds” are designed. Comments: • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • May need to provide three sides access with an approved apparatus turnaround. • Roadways in and out need to maintain minimum widths for apparatus. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 1 of 19 UP07-001 VC07-004 PETITION NUMBER(S): UP07-001 VC07-004 PROJECT NAME North River Landscaping, LLC PROPERTY INFORMATION ADDRESS 15386 Birmingham Highway (SR 372) DISTRICT, LAND LOT 2/2, 486 OVERLAY DISTRICT Northwest Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING N/A ACRES 1.94 EXISTING USE Single family residence and small barn PROPOSED USE Landscape business (Article 19.4.27) OWNER Michael G. Boland, William G. Bradach, David A. Rindt ADDRESS 15386 Birmingham Highway PETITIONER/REPRESENTATIVE North River Landscaping, LLC ADDRESS P.O. Box 2554 Roswell, GA 30077 PHONE (404) 374-9466 INTENT To request a Use Permit for a landscape business operation, to use an existing 1,200 square foot home and a 500 square foot existing barn and develop a 3,750 square foot barn in the rear of property at an overall density of 2,089 square feet per acre. In addition, to request a two part concurrent variance; Part 1: To reduce the 50’ buffer and 10’ improvement setback to a 25’ buffer and 10’ improvement setback along the east and west property lines (Article 12H.3.4.c.1). Part 2: To reduce the 50’ setback adjacent to AG-1 (Agricultural) to 30’ along the east property line (Article 19.4.27.B.3.) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION UP07-001 – APPROVAL CONDITIONAL Part 1 and 2 VC07-004 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 2 of 19 UP07-001 VC07-004 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 3 of 19 UP07-001 VC07-004 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 4 of 19 UP07-001 VC07-004 Site Plan - June 5, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 5 of 19 UP07-001 VC07-004 SUBJECT SITE – BACK YARD SUBJECT SITE - BARN Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 6 of 19 UP07-001 VC07-004 SUBJECT SITE – PORCH TO STREET VIEW SUBJECT SITE – STREET VIEW Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 7 of 19 UP07-001 VC07-004 SUBJECT SITE – STREET VIEW 2 SUBJECT SITE – WEST PROPERTY LINE Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 8 of 19 UP07-001 VC07-004 SUBJECT SITE – WOOD TO HOUSE VIEW SUBJECT SITE: The subject site is a 1.94 acre tract of agriculturally zoned land, located on the northern side of Birmingham Highway (SR 372). The subject site is developed with a single-family residence and a small barn. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 9 of 19 UP07-001 VC07-004 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 2 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Southeast 3 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Further Southeast 4 (AG-1) AG-1 (Agricultural) White Columns Subdivision 1 unit/acre (Est. 3,000 sq.ft.) South 5 (AG-1) AG-1 (Agricultural) Colonnade at White Columns Subdivision 1 unit/acre (Est. 3,000 sq.ft.) West 6 (AG-1) AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 10 of 19 UP07-001 VC07-004 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 11 of 19 UP07-001 VC07-004 Pursuant to 2003U-019 and 2003U-029 a request for a use permit for a landscaping business and agricultural related activities within the existing buildings were approved by the Fulton County Board of Commissioners on March 3, 2004. It is located on the south side of Hickory Flat Road adjacent to the Fulton/Cherokee County line. Pursuant to 2002U-021 and 2002VC-056 a use permit for a landscaping business and a concurrent variance was approved by the Board of Commissioners on September 4, 2002. It is located on Hopewell Road Pursuant to 2004U-008 a request for a use permit and concurrent variance for a landscaping business with a 4,000 square foot building was denied by the Fulton County Board of Commissioners on September 1, 2004. It is located on the east side of Birmingham Hwy north of Birmingham Road. In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscape business is expected to be compatible with other land uses in the surrounding area. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 12 of 19 UP07-001 VC07-004 C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 3 parking spaces for the proposed development. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates 3 parking spaces which do meet the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately two-thirds of the subject site is undeveloped. Staff is of the opinion that the proposed development will provide adequate open space. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant indicated that there will be about 1 or 2 attendees for administrative purposes on site daily, with the other staff being off-site performing landscaping maintenance, with hours of operation from 8:00 a.m. to 5:00 p.m. Staff is of the opinion that the hours and manner of operation will have a minimal impact upon the adjacent properties and the surrounding community. I. Outdoor lighting; Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 13 of 19 UP07-001 VC07-004 At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. J. Ingress and egress to the property. • The applicant’s site plan indicates one curb cut on Birmingham Highway. Staff notes that the curb cut currently exists and that the applicant is not requesting any additional curb cuts. The Traffic Engineer is requiring a site distance Sight Distance certification by a Professional Engineer Given the limited use of the subject site, Staff is of the opinion that the proposed development will have limited impact upon the community. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on June 5, 2007, Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS Article 12H.3.5 Section C.2 of the Northwest Overlay District requires a maximum 30-foot building setback from the edge of the required landscape strip and/or easements. The applicant’s site plan shows compliance with the requirement. The existing barn adjacent to the west property line is an existing non- conforming setback. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant’s letter of intent has indicated that they will remain within these requirements. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer, with a 10’ improvement setback, located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant has requested a concurrent variance to Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 14 of 19 UP07-001 VC07-004 reduce this undisturbed buffer to a 25’ undisturbed buffer with a 10’ setback along the east and west property lines. Due to the narrow configuration of the property the applicant has demonstrated a non self-imposed hardship, and Staff therefore recommends APPROVAL CONDITIONAL to Part One of the Concurrent Variance VC07-004. Staff notes that the existing barn along the western property line provides no buffer. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • General Office (1,000 sq. ft.) Total • 3 spaces per 1,000 sq. ft. of building area. (3 spaces) 3 spaces required • 3 paved spaces 3 spaces provided Staff notes that the applicant is providing three (3) parking spaces, which meets the required three (3) parking spaces per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12H.1. USE PERMIT STANDARDS The site plan meets standards of 19.4.27 B. with exception to: • All use areas/structures other than parking and pedestrian walkways shall be located at least 50’ from any adjoining residential district of AG-1 (Agricultural) district. The applicant is requesting a concurrent variance to reduce the 50’ setback adjacent to AG-1 (Agricultural) to 30’ along the east property line. Due to the narrow configuration of the property the applicant has demonstrated a non self-imposed hardship, and Staff therefore recommends APPROVAL CONDITIONAL to Part Two of the Concurrent Variance VC07-004. PUBLIC INVOLVEMENT On June 27th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in attendance from the community. Public Comments – Staff has not received any comments via e-mail, phone, or letters. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 15 of 19 UP07-001 VC07-004 City of Milton Design Review Board Meeting – July 10, 2007 The following recommendations were made by the DRB: • The Design Review Board was not in support of the concurrent variance. Public Notice Requirements The use permit petition was advertised in the Milton Herald on July 4th, 2007 and the sign was installed before the required date of July 3rd, 2007 along the frontage of Birmingham Highway. The notice of rezoning was sent, to adjacent property owners, on July 9th, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed landscape business is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed Use Permit for a landscape business and APPROVAL CONDITIONAL of Parts 1 and 2 the concurrent variance. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 16 of 19 UP07-001 VC07-004 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscape business (Article 19.4.27.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Landscaping business in the existing structure(s) and one 3,750 square-foot future barn. No modifications will be made to the exterior of the structure(s), other than normal maintenance. b) Total square footage of all structures shall not exceed 5,250 square feet, or a density of 2,706 square feet per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on June 5, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit or Certificate of Occupancy, whichever comes first. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Reduce the 50’ buffer and 10’ improvement setback along the east and west property lines to a 25’ buffer and 10’ improvement setback and to the extent necessary to allow the structures to comply (Part 1 VC07-004). b) Reduce the 50’ setback adjacent to AG-1 (Agricultural) to 30’ along the east property line (Part 2 VC07-004). c) No more than one (1) exit/entrance on Birmingham Highway. Curb cut location and alignment are subject to the approval of the Milton Traffic Engineer. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 17 of 19 UP07-001 VC07-004 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve Right of Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-or-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 20-foot Milton Trail easement along Birmingham Highway (SR 372), outside of the required Landscaping Strip. (iii) Pay into sidewalk fund rather than install sidewalk across frontage as this phase of the Milton Trail is scheduled in Long Range. d) Driveway entrances and roads shall meet the Community Service Policies and AASHTO guidelines: i) Remove and replace existing fence 10 feet farther from Birmingham Highway (SR 372) for sight visibility. ii) Remove trees from frontage of property to provide proper line of sight visibility. 5) To the owner’s agreement to abide by the following: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should greater than 5000 square feet be disturbed), that the Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 18 of 19 UP07-001 VC07-004 discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. A maintenance agreement is required to be recorded for such item used. c) Septic tank to be pumped out prior to Certificate of Occupancy. d) Exterior bulk storage areas shall be protected from erosion and detailed on the Building Permit/Land Disturbance Plan. Prepared by the Community Development Department for the Planning Commission Meeting on July 24, 2007 7/20/2007 Page 19 of 19 UP07-001 VC07-004 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation: Road name: Birmingham Highway Classification: Arterial Comments: • A traffic study is required with the following scope: o Sight Distance certification by a Professional Engineer Fulton County Tax Assessor: Property Tax ID#: 22-4070-0486-027-7 – Residential Lots Water and Wastewater (Sewer): 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: Septic System Basin: Little River Drainage: Disturbed Area: less than 5,000 square feet Impervious Area: less than 5,000 square feet Hydrology: Comments: • Vegetative water quality items needed. • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the Land Disturbance Permit plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • May need to provide approved fire department access road to barn and turn-around. • Possible hydrant near barn.