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HomeMy WebLinkAboutPacket - PC - 09-25-2007 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 PLANNING COMMISSION AGENDA Tuesday, Sept 25, 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 August 28, 2007 Planning Commission Meeting Approval VI. USE PERMITS Deferred A. U07-003 VC07-007 2540 Hopewell Road To develop a 16,728 square- foot church with 199 fixed seats. Also to request a 3 part concurrent variance to 1) Reduce the 75’ buffer and ten 10’ improvement setback to a 25’ buffer and ten 10’ improvement setback along the south and west property lines (12.H.3.1.C.2). 2) To allow parking between the building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback along the right of way (Article 12H.3.5.C.1). CZIM 7/25/07 DRB 8/7/07 PC 9/25/07 MCC 10/18/07 Approval Conditional Withdrawal of Part 1 of VC07-007 Denial of Parts 2 and 3 VC07-007 VII. REZONINGS New A. RZ07-012 980 Birmingham Road To rezone from C-1 to C-1 to allow the existing wine store to sell liquor/spirits not to exceed 30% of its total inventory. CZIM 8/22/07 DRB N/A MCC 10/18/07 Denial VIII. TEXT AMENDMENT A. RZ07-016 City of Milton Zoning Ordinance, Article 12G, State Route 9 Overlay District MCC Work Session – 9/13/07 PC – 9/25/08 DRB- 10/2/07 MCC- 10/18/07 Approval except for 12G.4.E.13 IV OTHER BUSINESS Vote to transmit letter to the Milton City Council **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 9 25 07\PCAGENDA SEPT 07.doc 1 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation regarding future plan updates to the Crabapple Crossroads Plan. IX. ADJOURN **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 9 25 07\PCAGENDA SEPT 07.doc 2 PETITION NUMBER(S): U07-003 VC07-007 PROJECT NAME The Church of Jesus Christ of Latter Day Saints PROPERTY INFORMATION ADDRESS 2540 Hopewell Road DISTRICT, LAND LOT 2/2, 678 & 679 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING N/A ACRES 5.97 EXISTING USE Abandoned residence and a barn PROPOSED USE Church OWNER Bob Swetnam ADDRESS 2540 Hopewell Road PETITIONER/REPRESENTATIVE Jon Erickson ADDRESS 3525 Mall Boulevard, Suite 6A Duluth GA, 30096 PHONE 770-622-9858 INTENT To develop a 16,728 square-foot church with 199 fixed seats.* In addition, the applicant requests a 3 part concurrent variance to: 1) Reduce the 75’ buffer and 10’ improvement setback to a 25’ buffer and 10’ improvement setback along the south and west property lines (Article 12H.3.1.c.2); 2) To allow parking between the building and the right of way (Article 12.H.3.5.F.3); 3) To increase the building setback along the right of way (Article 12H.3.5.C.1). Based on the applicant’s revised site plan (9/11/07), there is no longer a need for part 1 of the concurrent variance. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 1 of 21 UP07-003 VC07-007 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL – U07-003 DENIAL – VC07-007 PARTS 2 AND 3 WITHDRAWAL – VC07-007 PART 1 CITY OF MILTON PLANNING COMMISSION WILL BE HEARD AT THE SEPTEMBER 25, 2007 MEETING *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 2 of 21 UP07-003 VC07-007 LOCATION MAP 9/20/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 Page 3 of 21 CURRENT ZONING MAP 9/20/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 Page 4 of 21 SITE PLAN – July 3, 2007 (see revised plan dated September 11, 2007) 9/20/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 Page 5 of 21 REVISED SITE PLAN – September 11, 2007 9/20/2007 UP07-003 VC07-007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 Page 6 of 21 View from Cogburn Road View from Hopewell Road *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 7 of 21 UP07-003 VC07-007 Existing utility boxes SUBJECT SITE: The subject site is a 5.97 acre tract of agriculturally zoned land, located on the southwest corner of the Hopewell Road and Cogburn Road intersection. The subject site is developed with an abandoned residence and a barn. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area Northeast 1 (AG-1) AG-1 (Agricultural) Champions View Subdivision 1 unit/acre (Est. 3,500 sq.ft.) Further East 2 (AG-1) AG-1 (Agricultural) Clearbrook Subdivision 1 unit/acre (Est. 3,000 sq.ft.) East 3 (AG-1) AG-1 (Agricultural) Undeveloped N/A South/West 4 (AG-1) AG-1 (Agricultural) Various SF Residential 1 unit/acre (Various sq.ft.) Northwest 5 (AG-1) AG-1 (Agricultural) Bethwell Community Center N/A North 6 (AG-1) AG-1 (Agricultural) Atlanta Equine Clinic N/A *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 8 of 21 UP07-003 VC07-007 EXISTING USES AND ZONING MAP *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 9 of 21 UP07-003 VC07-007 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 19.4.10 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 church is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use may generate an increase in traffic, but recommended conditions should mitigate the 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 ninety-three (93) parking spaces for the proposed development. Article 12H.3.5.F.3 does not permit parking to be located to the front of a building and/or *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 10 of 21 UP07-003 VC07-007 between a building and the right-of-way. The applicant is requesting a concurrent variance to allow parking between the building and the street which will be discussed later in the report. The applicant’s revised site plan indicates one-hundred seventy-six (176) parking spaces which exceed the requirements set out by Article 18.2.1, furthermore the parking spaces are not located outside the 60-foot front yard building setback as required by Article 19.4.10.B.2 along Hopewell Road. F. The amount and location of open space; The applicant’s site plan indicates that approximately half of the subject site remains undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development, but the amount of open space would be greater without the proposed excessive parking. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strips and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant has stated that the operations for the church will be primarily on Sunday with the potential of up to three (3) overlapping services. The first service would begin around 9:00 a.m. and the overlapping services would last into the afternoon. There will be two congregations or “wards” meeting at the same time for approximately an hour. One ward would be in the sanctuary while the other would be meeting in the classrooms. The applicant specified that this particular church would most likely start off with two (2) services on Sunday, with the potential of a third given a need. The facility also has the potential to hold community gatherings during the week, but these are subject to demand. 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; 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 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 11 of 21 UP07-003 VC07-007 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 both Hopewell Road and Cogburn Road. Staff further notes that the Traffic Engineer estimates 618 trips per day with 232 peak hour trips (Sunday). 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 The applicant met with Staff on August 30, 2007 to discuss the various issues raised by Staff, the Planning Commissioners and the Design Review Board. The revised site plan and the following site plan analysis is a result of this meeting. Based on the applicant’s revised site plan submitted to the Community Development Department on September 11, 2007, Staff offers the following considerations: 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 • Church • 1 spaces per 3.5 fixed seats • 176 paved spaces (199 fixed seats) (57 spaces) Total 57 spaces required 176 spaces provided Staff notes that the applicant is providing one-hundred seventy-six (176) parking spaces, which exceeds the required fifty-seven (57) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The number of spaces have been reduced by ten (10) from the previous site plan. The site plan is compliant with the landscape islands and layout requirements of Article 12H.3.1B. It requires that the applicant provide a 10 foot landscaped island for every 72 feet of double row length or 90 feet of single row length of parking spaces. Use Permit Standards Per Article 19.4.10.B.2 no parking shall be located within the main front yard setback. The site plan shows parking with the front building setback along Hopewell Road. It appears that there is sufficient parking and the 8-10 spaces can be eliminated or relocated. The required buffers and landscape strips required by the Northwest Overlay District supersede those of the use permit. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 12 of 21 UP07-003 VC07-007 Northwest Overlay District BUILDING SIZE, ORIENTATION, SETBACK, HEIGHT, SCALE, AND PARKING Article 12H.3.5.F.3. requires no on-site parking shall be located to the front of a building and/or between a building and the public right-of-way. Parking shall be located adjacent to internal streets, not a public right-of-way. The site plan indicates parking adjacent to Hopewell and Cogburn Roads. As mentioned above, the site exceeds the minimum number of parking spaces by 129 spaces. Based on the revised site plan submitted on September 11, 2007 the applicant has reduced the total number of parking spaces, and exceeds the required amount by 119. It appears that if the site was reconfigured by adjusting the building position, compliance with parking location could be attained. Therefore, Staff recommends DENIAL of Part 2 of the Concurrent Variance VC07- 007. BUILDING SETBACKS Article 12H.3.5 Section C of the Northwest Overlay District requires a maximum 20-foot building setback from the edge of the required landscape strip and/or easements for all properties and lots located adjacent to public rights-of-way from 0 to 400 feet from an intersection. The applicant is requesting a concurrent variance to increase the setback from 20 feet to 50 feet adjacent to Cogburn Road and 200 feet adjacent to Hopewell Road. Based on the revised site plan submitted on September 11, 2007 the applicant has met the maximum building setback along Cogburn Road but not along Hopewell Road. Therefore, Staff recommends DENIAL of Part 3 for the Hopewell Road frontage of Concurrent Variance VC07-007 along Hopewell Road. 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 has not specifically indicated the height of the proposed structure, but must meet this standard before obtaining a building permit. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.2 of the Northwest Overlay District requires a 75’ 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 requested a concurrent variance to reduce this undisturbed buffer to a 25’ undisturbed buffer with a 10’ setback along the south and west property lines. Based on the revised site plan submitted on September 11, 2007 *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 13 of 21 UP07-003 VC07-007 the applicant no longer needs Part 1 of the concurrent variance. Therefore, Staff recommends WITHDRAWAL of Part 1 of Concurrent Variance VC07-007. PUBLIC INVOLVEMENT On July 25th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately twenty to twenty-five (20-25) members of the community in attendance. Those members of the community expressed concerns about the potential traffic impact on the Hopewell and Cogburn intersection. Furthermore, concern was expressed about the location of the proposed septic field, and how it might impact a nearby well used for drinking water. The applicants presented their plan to the Milton Design Review Board on August 7th, 2007. Public Comments – Staff has not received any comments via e-mail, phone, or letters. City of Milton Design Review Board Meeting – August 7, 2007 The following recommendations were made by the DRB: • Building design should have more of a historical context—do not limit to stock design. • Explore changes to orientation of building—should be no more than 20’ off landscape strip, per Overlay requirements. • Employ 360 degree architecture concepts. Possibly, orient building towards corner. • Move steeple from end of building more to interior. • Currently, building is not the style that the community is looking for. • Tremendous opportunity for landscaped area at corner, around utility equipment. • Reduce number of parking spaces. • Re-work site so that buffers are not reduced. • Bio detention ponds encouraged. • Work with adjacent property owners concerning deceleration lane. City of Milton Design Review Board Meeting – September 13, 2007 The following recommendations were made by the DRB: • Place the building in front of corner. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 14 of 21 UP07-003 VC07-007 Public Notice Requirements The use permit petition was advertised in the Milton Herald on August 8th, 2007 and the sign was installed before the required date of August 13th, 2007 along the frontages of Hopewell Road and Cogburn Road. The notice of rezoning was sent, to adjacent property owners, on August 3rd, 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 church 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 the church. Staff however recommends DENIAL of PARTS 2 AND 3 and WITHDRAWAL of PART 1 of VC07-007. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 15 of 21 UP07-003 VC07-007 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a church (Article 19.4.10.) 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) Church and accessory uses for a total of 16,728 square feet. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on September 11, 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. 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) b) No more than one (1) exit/entrance on both Hopewell Road and Cogburn Road. Curb cut locations and alignments are subject to the approval of the Milton Traffic Engineer. To meet and not exceed parking requirements, when calculated using Article 18 Shared Parking; to utilize pervious materials for overflow and perimeter parking spaces or as approved by the Transportation Engineer. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve Right of Way to the City of Milton the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 16 of 21 UP07-003 VC07-007 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 and construction as may be required to: i. Provide 40 feet of right-of-way along the property frontage from the centerline of Cogburn Road ii. Provide Right of way mitre at the intersection as approved by the Transportation Engineer iii. Provide crosswalks at Cogburn/Hopewell/Francis intersection as determined by the Transportation Engineer iv. Lane width addition to twelve feet, Shoulder rehabilitation and addition of two foot paved shoulder for limits of overlay as approved by the Transportation Engineer v. Overlay and striping of full width of Hopewell and Cogburn the length of property lines plus any additional taper lengths necessary, and the limits of the intersection to the return radii or as approved by the Transportation Engineer. vi. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer: a. Symmetrical NB Left Turn Lane on Cogburn Rd into site b. Symmetrical EB left turn lane on Hopewell Rd into site c. Trails are required to be installed, fencing installed, trail easements recorded, and an agreement signed for participation in the Adopt A Trail program and shared use by the public of parking lot for trail users. Access points and trail locations shall be along Cogburn on the west side and along Hopewell Rd on the north side (to end at the Bethwell Community Center) or as approved by the Transportation Engineer. d. 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 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of one hundred feet. 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, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. Locations shall be as approved by the Stormwater Engineer. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 17 of 21 UP07-003 VC07-007 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. c. The site shall be limited to 75% impervious at maximum build-out. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 18 of 21 UP07-003 VC07-007 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: Hopewell Road and Cogburn Road Classification: Collectors, rural 2 lane typical sections Speed Limits: Speed Limits: Hopewell, Cogburn, and Francis are all 45mph. (Applicant map states 35mph) Anticipated Traffic Generation Rates: 232 peak hour total (Sunday), 618 total 24hr 2-way Intersection Analysis by applicant: Growth rate of 3% Existing Level of Service Proposed Future LOS Cogburn Rd/Hopewell Rd EB (Hopewell) A B WB (Francis) A B NB (Cogburn) A B SB (Hopewell) B B Hopewell/North side driveway WB (Hopewell) NA A NB (North site driveway) NA A Cobgurn Rd/East side driveway EB (east site driveway) NA B NB (cogburn) NA A Comments: • The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. Rural roadway design at this neighborhood area will not incorporate right turn lanes, thus serving as a traffic calming tool for this Collector. Left turns are required for operational safety. Staff notes that use permit should state no daycare or school use is included at this point in time. Fulton County Health Department: Comments: • This department recommends that the applicant be required to connect the proposed development to public water available to the site. • Due to the inaccessibility of public sewer to serve the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems” *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 19 of 21 UP07-003 VC07-007 for County Health Department as defined by Georgia Department of Natural Resource (DNR) are limited by size and subsurface introduction of effluents. Onsite sewage management systems having a septic tank capacity of greater than ten thousand (10,000) gallons, or where the total length of absorption trenches required, would exceed three thousand (3000) linear feet, or where the total absorption trench bottom area required, would exceed nine thousand (9000) square feet, will be governed and placed under the statutory authority and jurisdiction of the Department of Natural Resources. • Due to the inaccessibility of public sanitary sewer to sewer the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, this department will require all necessary percolation and soil data, required layouts, and supportive data be submitted for review and determined acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval. • Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. • Since this development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. • This facility must comply with the Fulton County Clean Indoor Air Ordinance. • 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. • This department is requiring that all existing structures to be demolished must be inspected by a certified pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found, the property must be baited prior to demotion. • If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. • If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Fulton County Tax Assessor: Property Tax ID#: 22-5060-0679-040-6 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: Basin: Little River *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 20 of 21 UP07-003 VC07-007 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. Stormwater: Disturbed Area: Not listed on application Impervious Area: Not listed on application; site plan shows a site with less than 75% impervious currently Flood Panel Number: Not listed on application Zone: Not listed on application Structures proposed in the floodplain: None according to proposed site plan and City GIS Hydrology: Percent Site Impervious: Not listed on application Type of Detention Proposed: Graded dry earthen pond 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 Public Safety Department: Comments: • The proposal will have a minimal impact on police services. *Based on the revised site plan dated September 11, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 21 of 21 UP07-003 VC07-007 PETITION NUMBER: RZ07-012 PROJECT NAME Barn Bottle Shop PROPERTY INFORMATION ADDRESS 980 Birmingham Road, Suite 304 DISTRICT, LAND LOT 2/2, 380 OVERLAY DISTRICT Birmingham Crossroads Overlay EXISTING ZONING C-1 (Community Business) Z04Z-043 PROPOSED ZONING C-1 (Community Business) ACRES 8.5 EXISTING USE Retail Shopping Center PROPOSED USE To allow existing wine store to sell liquor/spirits not to exceed 30% of its total inventory OWNER A.G. Armstrong ADDRESS 13801 N. Dale Mabry Hwy Suite 200 Tampa, FL 33618 PETITIONER/REPRESENTATIVE Timothy Allen ADDRESS 904 Ravenwood Way Canton, GA 30015 PHONE 404-925-9158 INTENT To rezone from C-1 (Community Business) to C-1 (Community Business) to modify Condition 1.a. of zoning petition Z04-043 to allow the existing wine store to sell liquor/spirits not to exceed 30% of its total inventory. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION DENIAL - RZ07-012 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 1 of 16 RZ07-012 R/P Z04-043 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 2 of 16 RZ07-012 R/P Z04-043 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 3 of 16 RZ07-012 R/P Z04-043 SITE PLAN – July 9, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 4 of 16 RZ07-012 R/P Z04-043 PICTURE OF SUBJECT SITE Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 5 of 16 RZ07-012 R/P Z04-043 SUBJECT SITE: The 8.5 acre site is located at the northeast intersection of Birmingham Highway (Ga. Hwy. 372) and Birmingham Road. Zoned C-1 (Community Business) and AG-1 (Agricultural) pursuant to Z04-43 and the site is currently developed with as a retail/office shopping center that includes a Publix grocery store and other smaller retail and service uses within the C-1 district. 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 existing policy not to allow liquor package stores on the subject site pursuant to Z04-043 and Z04 -116 located on the southwest corner of Birmingham Hwy and Hickory Flat Road and east of Birmingham Hwy, south of the corner, it is Staff’s opinion that the proposed change in use is not suitable for the subject site. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff's opinion, the proposed development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with the Recommended Conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site has a reasonable use as currently zoned. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff anticipates some impact on public services and facilities. E. Whether the proposal is in conformity with the policies and intent of the land use plan? Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 6 of 16 RZ07-012 R/P Z04-043 The proposed request is consistent with the policies and intent of the 2025 Focus Fulton Comprehensive Plan which incorporates the Birmingham Crossroads of the Northwest Overlay District. LAND USE PLAN MAP: Retail/Service Proposed use/density: Retail/Office 9,753.53 square feet per acre The adoption of the Birmingham Crossroads Plan on March 3, 2004 to indicates a total of 27.1 acres of retail and service uses within the four quadrants at the intersection of Birmingham Highway and Birmingham Road. Parks, Recreation & Conservation uses are recommended beyond the commercial node in the northwest quadrant of the intersection. The remaining areas beyond the commercial nodes are designated for agricultural, forestry and mining uses. PLAN POLICIES: • Encourage a broad range of business types and an even distribution of employment centers among the major divisions of the City. • The Birmingham Crossroads will develop in village type pattern. • The Birmingham Crossroads will be pedestrian oriented. • Development at the Birmingham Crossroads will be contained. 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? The Fulton County Board of Commissioners approved the existing C-1 (Community Business) zoning pursuant to Z04-043 which did not allow liquor package stores on the subject site. In addition, the Board of Commissioners approved a mixed use development pursuant to Z04-116 located to the south and south west of the subject property which also does not allow liquor package stores. Staff notes that during the public hearing for Z04-043, explanation of the subject site to the Board of Commissioners on November 3, 2004, it was stated that within Condition 1.a. that liquor stores except for wine stores were to be excluded. Although this exact condition to allow wine stores was not reflected in the approved zoning conditions, it is Staff’s opinion that a wine store is permitted for the site but without any liquor sales. The applicable license to sell liquor must meet different standards than the license to sell beer and wine and therefore liquor cannot be sold under the same type of license as beer and wine. Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 7 of 16 RZ07-012 R/P Z04-043 Based on the existing policy on the subject site as well as approved zonings to the south and southwest not to allow liquor package stores, Staff recommends that the request to allow 30 percent of the wine store’s inventory to be liquor/spirits be DENIED. 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 (Agricultural) Various Single-Family Residential 1 unit/acre (Minimum 1,100 square feet) Northeast and further East 1 AG-1 (Agricultural) Various Single-Family Residential 1 unit/acre (Various sq.ft.) East 2 AG-1 (Agricultural) – Z04-115 Sanitary Sewer Station and Park Area N/A Southeast 3 AG-1 (Agricultural) Electrical Substation N/A South 4 Z85-171 M-1 (Light Industrial) Grading Company and South 5 U92-002 C-1 Unconditional (Undeveloped) Use Permit for a Cellular Tower N/A Further South and Southwest 6 Z04-116 MIX (Mixed Use) Undeveloped residential to the south and developed office/retail to the southwest 1,266.97 sq.ft/acre for retail 5,671.2 sq.ft./acre for office 4.98 units per acre for townhomes 10,000 sq.ft day care center West 7 C-1 Unconditional Texaco Gas Station and Retail N/A Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 8 of 16 RZ07-012 R/P Z04-043 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 9 of 16 RZ07-012 R/P Z04-043 SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on August 9, Staff offers the following considerations: The applicant is not requesting any changes to the site plan but only to the use; therefore Staff does not have any considerations regarding the site plan. PUBLIC INVOLVEMENT On August 22nd, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were two members of the community in attendance. Those individuals did not express any specific concerns with the proposed project. Public Comments – Staff has received one e-mail in opposition to the proposed sale of liquor within the wine store. City of Milton Design Review Board Meeting – September 4, 2007 Staff did not request that the applicant appear before the DRB based on the proposed change in use. Public Notice Requirement The use permit petition was advertised in the Milton Herald on September 5, 2007 and the sign was installed before the required date of September 5, 2007 along the frontage of Birmingham Highway and Birmingham Road. The notice of rezoning was sent, to adjacent property owners, on July 31, 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 Staff recommends that the requested rezoning to allow the sale of liquor/spirits not to exceed 30% its inventory within the Barn Bottle Shop be DENIED based on current policy on the subject site as well as in the immediate area not to permit the sale of liquor/spirits. Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 10 of 16 RZ07-012 R/P Z04-043 CONDITIONS OF ZONING 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 accessory uses, including all exterior food and beverage service areas, at a maximum density of 8,103.6 gross square feet per acre zoned or a total of 68,880 square feet, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements (cinemas not included), billboards, gas and service stations, liquor package stores but excluding wine shops with no more than 30% of its inventory being liquor/spirits, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons,beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. b. Office/institutional and accessory uses at a maximum density of 1,650 square feet of gross floor area per acre zoned or a total gross floor area of 14,025 square feet, whichever is less, but excluding hotels. 2. To the owner's agreement to abide by the following: a. To the site plan received by the Community Development Department on July 9, 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. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. Limit development to a maximum of 33,000 square feet of retail/commercial and 35,000 square foot of office uses until such time a LDP (Land Disturbance Permit) is issued on property pursuant to zoning petition 2004Z-0116 NFC. 3. To the owner's agreement to the following site development considerations: Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 11 of 16 RZ07-012 R/P Z04-043 a. No more than two (2) exit/entrances on Birmingham Highway (SR 372). Curb cut location and alignment are subject to the approval of the City Traffic Engineer. b. No more than three (3) exits/entrances on Birmingham Road. Curb cut location and alignment are subject to the approval of the City Traffic Engineer. c. Increase the maximum building size from 25,000 square feet to 28,800 square feet. (2004VC-0040 NFC) d. To allow shared parking. 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve for the City along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. • 55 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation. • 45 feet from the centerline of Birmingham Road b. Dedicate at no cost to the City along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved: • 30 feet from centerline of Birmingham Road. Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 12 of 16 RZ07-012 R/P Z04-043 • 30 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation. c. Provide roundabouts on Birmingham Road at the project entrances to eliminate the requirement for additional turn lanes or as may be approved by the City Traffic Engineer. d. Provide a deceleration lane for each project entrance or as may be required by the City Traffic Engineer. e. Provide a left turn lane for each project entrance or as may be required by the City Traffic Engineer. f. Provide signalization at the intersection of Birmingham Highway and Birmingham Road or as required by the City Traffic Engineer. g. Provide a traffic impact study to the City Traffic Engineer at the time of conceptual review. h. Provide intersection improvements at Birmingham Highway (SR 372) and Hickory Flat Road/ Birmingham Road as required by the City Traffic Engineer. i. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the City Traffic Engineer at the concept review phase. j. Investigate the option of providing on street parking along Birmingham Highway and Birmingham Road with the Georgia Department of Transportation. 5. To the owner's agreement to abide by the following: a. Prior to submitting the application for a (LDP) with the Community Development Department, arrange to meet with the City Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the City Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP. Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 13 of 16 RZ07-012 R/P Z04-043 c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals. d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Community Development Department, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer’s field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post-development 100-year water surface elevations, and for any post-development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100-year storm flow through impacted properties where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses. e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 14 of 16 RZ07-012 R/P Z04-043 other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan. g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended. h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building Permit associated with the development. i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan. j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 15 of 16 RZ07-012 R/P Z04-043 Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit. k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer’s judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures. l. The developer/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 for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event. m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels, individual residences or building structures. n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment should be 48 hours. Prepared by the Community Development Department for the Planning Commission Meeting on September 25, 2007 9/20/2007 Page 16 of 16 RZ07-012 R/P Z04-043 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 ARTICLE XII-G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties zoned or developed for nonresidential and residential uses (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this Article conflict with any other Article in the Zoning Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII-G shall prevail. Page 1 of 13 TEXT AMENDMENT RZ07-016 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII-H) as set forth in Section 12.H.2 of the Ordinance, shall review all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein and shall make recommendations to the Community Development Department prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit or Primary Variance. 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping 1. A minimum 20-foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10-foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. 12G.4. B. Undisturbed Buffers 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species from the “Acceptable Evergreen Plan Material for City of Milton Undisturbed Buffers” shall be used. Page 2 of 13 TEXT AMENDMENT RZ07-016 C.B. Screening and Fencing 1. If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. Page 3 of 13 TEXT AMENDMENT RZ07-016 8. Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 13. Painted chain link fences are prohibited. 12G.4. DC. Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi-use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits subject to the approval of the Manager of Environment andDirector of the Community Development Department. 4. Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi-use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. Page 4 of 13 TEXT AMENDMENT RZ07-016 6. Multi-use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto-pedestrian interaction. 11. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential developments is required. 12G.4. ED. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. 2. Any lighting fixture shall be a cutoff luminary whose source is Page 5 of 13 TEXT AMENDMENT RZ07-016 completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Lighting Minimum Level Average Level Maximum Level Area for display of Outdoor Merchandise 1.0 5.0 15.0 Commercial, Office, and 0.6 2.40 10.0 Page 6 of 13 TEXT AMENDMENT RZ07-016 Public/Semi-Public Parking Areas Multi-Family Residential Parking Areas 0.2 1.50 10.0 Walkways and Streets 0.2 2.00 10.0 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. 8. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. FE. Building Materials and Architectural Treatments 1. Developments shall include architecture elements such as columns, arcades, covered entry-walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building façade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. 7. Building plans for townhouse and duplex developments shall Page 7 of 13 TEXT AMENDMENT RZ07-016 exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 8. Townhouse and Duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. 89. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. 910. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 1011. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 112. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 13. There shall be a maximum of 2 stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris Road and Deerfield Parkway. 124. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. Page 8 of 13 TEXT AMENDMENT RZ07-016 Example of Corner Building 1354. Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. 165. The exterior wall materials of all non-residential buildings and townhouse, duplex, and multifamily buildings consist of a minimum of 750 % (per vertical wall plane) of the following: brick or natural stone. 176 4. AAccent building materials for all non-residential buildings, and also townhouse, duplex and multifamily units are limited to a maximum of 2530% brick, tile, non-reflective glass, natural or man-made stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 1587. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 1698. Exterior finishes for accessory structures shall be consistent with the principle structure. 20179. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Page 9 of 13 TEXT AMENDMENT RZ07-016 Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, Beiges and Tans 462 C to 468 C 4625 C to 4685 C 469 C, 474C, 475 C 4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Greens 553 C to 554 C 560 C to 561 C 614 C to 616 C 3302 C to 3305 C 3295 C 342C, 343 C 3435 C 356 C, 357 C 5467 C to 5527 C 3305U, 3308U, 335U 336U, 341U-343 U 3415 U to 3435 U 349 U 356 U to 357 U 5535U to 5595U 553U to 559U Reds 168 C, 181 C 483 C, 484 C 675C, 1685C, 4975 C Grey 429 U to 433 U 443 U to 447 U Warm Grey 6U-11U Cool Grey 6U-11U 5467U to 5527U Red-Browns 154 U, 1395 U 1405 U Grey-Blue 5395U to 5455U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Page 10 of 13 TEXT AMENDMENT RZ07-016 Green-Grey 5605U to 5665U 18210. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. 19221. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 20232. Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. 21243. Neon lights outlining and/or detailing building features are prohibited. 12G.4. GF. Parking 1. On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. HG. Miscellaneous Provisions 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. Page 11 of 13 TEXT AMENDMENT RZ07-016 2. Stealth design is required for all cell towers. 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. 6. Storage of shopping carts is allowed without a permit. 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. 8. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this article may appeal such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the department is rendered. 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. Page 12 of 13 TEXT AMENDMENT RZ07-016 STATE ROUTE 9 OVERLAY DISTRICT MAP Page 13 of 13 TEXT AMENDMENT RZ07-016