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HomeMy WebLinkAboutPacket - PC - 11-27-2007 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 E Milton, GA 30004 PLANNING COMMISSION AGENDA Tuesday, November 27, 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 October 23, 2007 Planning Commission Meeting Approval VI. REZONINGS New A. RZ07-011 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to O- I (Office-Institutional) to develop a 140,000 square foot office building with a maximum height of 4 stories CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional B. RZ07-018 U07-009 VC07-010 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to C- 1 (Community Business) to develop a 5,700 square foot retail commercial building and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot climate controlled self storage facility and a 2-part concurrent variance to 1) To locate the refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional Denial- Parts 1& 2 C. RZ07-019 U07-010 VC07-011 To rezone from C-1 (Community Business) to O-I (Office-Institutional) to develop 23,000 square feet of office. The applicant is also requesting a Use Permit to exceed the district height, Article 19.4.21, to allow the building to be constructed at a maximum height of 70 feet that includes an underground garage and 3 CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional Approval Conditional Parts 1-3 **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 11.27.07\Linking for PC mtg 112707\PCAGENDA NOV 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 stories of office. To request a 3-part concurrent variance to 1) To reduce the side setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.); 2) To reduce the 25-foot non-impervious buffer, to allow approximately 6,010 sq.ft. of encroachment to allow parking on pervious pavement(City Code Chapter 14, Sect.6.5.(i); 3)To reduce the 50-foot undisturbed stream buffer to allow approximately 675 sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Sect 6.5 (ii)). VII. USE PERMITS New A. U07-006 VC07-013 To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3- Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50- foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10-foot improvement setback to a 15 foot landscape strip planted to buffer standards along the south property line. (Article 12.H.C.1) CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Approval Conditional Approval Conditional – Part 1 DENIAL – Parts 2 & 3 B. U07-007 VC07-012 To request a Use Permit (Article 19.4.3) For Agricultural Related Activities to add a 3,240 sq.ft. training building and to request a 3-part concurrent CZIM – 10/24/07 DRB- 11/6/07 PC- 11/27/07 MCC- 12/13/07 Deferral for 30 Days **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 11.27.07\Linking for PC mtg 112707\PCAGENDA NOV 07.doc 2 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 variance to use the existing parking area within the 100 – foot setback near the west property line (Article 19.4.3.13.4); 2) To increase the maximum building setback from 20 feet to 250 feet for the new building (Article 12h.3.5.C.1); 3) To allow parking between the existing buildings and the street (Article 12H.3.5.F.3) VIII. TEXT AMENDMENTS Deferred A. RZ07-017 Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District Height. Amend 19.3 & 19.4 to reflect the City of Milton MCC Work Session – 10/11/07 PC-11/27/07 MCC- 12/13/07 Approval IV. TEXT AMENDMENTS New A. RZ07-021 To adopt the Telecommunications Ordinance as Article 17 of the City of Milton Zoning Ordinance MCC Work Session- 10/11/07 PC-11/27/07 MCC- 12/13/07 Approval X. Other Business Dennis Potts request for sewer connection XI. 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 11.27.07\Linking for PC mtg 112707\PCAGENDA NOV 07.doc 3 PETITION NUMBER(S): RZ07-011 PROJECT NAME Webb Road Office Building PROPERTY INFORMATION ADDRESS Webb Road DISTRICT, LAND LOT 2/2 1048 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING O-I (Office & Institutional) Z94-116 & C-1 (Community Business) Z97-076 PROPOSED ZONING O-I (Office & Institutional) ACRES 9.286 EXISTING USE Undeveloped PROPOSED USE 4 story office building – 140,000 square feet OWNER Windward Way LLC, Southeastern Partners Realty LLC, MCMT LLC. ADDRESS 5665 Highway 9, Suite 103-329, Alpharetta, GA 30004 PETITIONER/REPRESENTATIVE John McMillan PHONE 770-751-9171 INTENT To rezone from C-1 (Community Business) and O-I (Office & Institutional) to O-I (Office & Institutional) to develop a 140,000 square foot, 4 story office building at a density of 14,507 square feet per acre. Seventy-five (75) percent will be general office and twenty-five (25) percent will be medical office. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 1 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 LOCATION MAP 11/20/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 Page 2 of 17 CURRENT ZONING MAP 11/20/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 Page 3 of 17 SITE PLAN – Revised Site Plan, October 22, 2007 11/20/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 Page 4 of 17 SUBJECT SITE (From Webb Road looking South) Looking north from site toward The Preserve at Windward Village Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 5 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 SUBJECT SITE: The subject site is located south of Webb Road and north of SR 9 (Cumming Hwy). It is currently zoned O-I (Office & Institutional) pursuant to Z94-116 and C-1 (Community Business) pursuant to Z97-76 on the eastern portion of the site. The site is currently undeveloped except for the existing access via Devine Way (private drive) from SR 9. There are existing retail and office uses just to the south of the site. Within the site is a blue line stream which requires a 50 foot undisturbed buffer and an additional 25 foot impervious setback. 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 office development is suitable based on the existing O-I (Office & Institutional) to the west pursuant to Z94-116 approved at 1,572 square feet per acre and a height of 2 stories and Z05-029 to the east approved at 12,844.32 square feet per acre and a height of 2 stories. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may have a reasonable economic 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? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities and utilities but this should be mitigated with the Recommended Conditions. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 6 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed O-I (Office & Institutional) zoning is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Office Proposed use/density: 4 Story Office Building / 14,507 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Office for the surrounding properties to the east and west to the subject site and Retail Commercial to the south along SR 9. 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 partially consistent with the following Plan Policies: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Existing trees, particularly specimen trees and trees along road frontages should be preserved. • To the extent possible, open space should be incorporated into all developments. 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 office and commercial on the subject site and surrounding properties and adopted land use policies support this request for Office & Institutional to develop an office building, however, existing zoning conditions the height to 2 stories. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 7 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 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 resource, but the recommended conditions will help mitigate the impact. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 14 00Z-151 MIX (Mixed Use) The Preserve at Windward Village 2.10 units/acre Northeast 15 03Z-081 MIX (Mixed Use) Undeveloped Office/commercial uses 2,228.14 sq.ft./acre for retail and/or office & 1,662.79 sq.ft./acre for office / 67,000 sq. ft. of retail and 50,000 sq.ft. of office Further Northeast 1 03Z-185 C-1 (Community Business) Deerfield Place-Phase 1 9,552.93 sq.ft./acre 299,293 sq.ft. East 17 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. East 18 06Z-051 O-I (Office & Institutional) I.Q. Academy 2,000 sq. ft within existing structure East 19 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. Further east 20 05Z-029 Pending Z07-018 O-I (Office & Institutional) Undeveloped 12,844.32 sq.ft./acre 42,900 sq.ft. 2 stories Further east 20a 0Z-090 Pending Z07-018 C-1 (Community Business) Undeveloped 8,653.9 sq.ft./acre 18,000 sq.ft. 1 story Further east 3 86Z-219 C-1 (Community Business) Re-Max Realty Office 8,000 sq.ft./acre Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 8 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 Further East 4 04Z-030 C-2 (Commercial) Katy’s Car Wash 3,935.97/sq.ft./acre 3,995 sq.ft. 2 stories East 5 85Z-213 C-1 (Community Business) Fulton Feed & Seed Not Specified East 6 06Z-026 C-1 (Community Business) Firestone Tire Store 6,387.67sq.ft/acre 7,250 sq.ft. East 7 Z97-075 O-I (Office & Institutional) Nationwide Insurance Office Office in existing structure Southeast 8 88Z-211/U88-47 C-1 (Community Business) First Academy Day Care 3,163 sq.ft./acre Southeast 9 Z93-019 C-1 (Community Business) Staton Heating & Air 8,724 sq.ft./acre South 11 Z97-76 C-1 (Community Business) Windward Shopping Center 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further South 2 73Z-001 C-1 (Community Business) Walmart Shopping Center and various businesses None Stated Further South 2a 06Z-049 C-1 (Commercial) Cactus Car Wash 5,405.41 sq.ft./acre 6,000 sq. ft. West 12 Kroger Shopping Center City of Alpharetta N/A West 13 06Z-073 06U-012 MIX (Mixed Use) and Use Permit Undeveloped 13,000 sq.ft./acre 82,860 sq.ft. 2 stories Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 9 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 EXISTING USES AND ZONING MAP 11/20/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 Page 10 of 17 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district will allow office and institutional uses but not at the density or configuration that the applicant is requesting. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning is suitable for the subject site if it is developed at a maximum height of 2 stories. This will ease the transition from the office to the residential to the north. In addition, the policy for the subject site is for a height of 2 stories, pursuant to Z97-076. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed request would not create an isolated zoning district. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The effect of the proposed zoning, if developed with the recommended conditions, would be minimal to the zoning district or the SR 9 Overlay District. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? If approved with the recommended conditions, the proposed zoning would be consistent with past policy on the site and be more in keeping with the nearby residential and non-residential development in the area. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? The subject site contains a blue line stream that requires 50 feet of undisturbed buffer as well as a 25 foot impervious setback. This area will help minimize runoff, soil erosion, and flooding, while improving air quality and water quality. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 11 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 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 consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area if approved with the recommended conditions. 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. Staff is of the opinion that if approved at a maximum height of 2 stories, the proposed office will create a transition from commercial to the south to residential to the north. The required stream buffer will also create a natural buffer between the office and the residential 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 several approved zonings and land use classifications in the general area of 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 October 22, 2007, Staff offers the following considerations: BUILDING SETBACKS The following building setbacks are required for the proposed O-I (Office & Institutional) development: Front (Webb Road) – 40 feet Side (East Property line) – 20 feet Side (West Property line) – 20 feet Rear (South Property line) – 25 feet Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 12 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 The site plan indicates that the office building is located 10 feet from the east property line. It appears that if the building is reconfigured it could meet the minimum side building setback. BUILDING HEIGHT The applicant has proposed a four (4) story office building. The current zoning pursuant to Z97-076 was approved for a maximum of two (2) stories. Also, Board policy for the surrounding commercial and office zonings limits buildings to 2 stories in height. Therefore, Staff will condition the height of the building to 2 stories, not to exceed 30 feet from average grade. LANDSCAPE STRIPS AND BUFFERS Front (Webb Road) – 20 foot landscape strip Side (East property line) – 10-foot landscape strip planted to buffer standards pursuant to Z97-076, VC97-126) Side (West Property line) – 10-foot landscape strip Rear (South Property line) – 10-foot landscape strip It appears that the site plan meets or exceeds the required landscape strips. LOT COVERAGE It appears that the footprint of all buildings and parking will not exceed 70 percent of the total land area. 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 • Office & Institutional • 3 spaces per 1,000 sq. ft. of 300 (100,000 sq.ft. of office) general office (300) (40,000 sq.ft. of medical 4 spaces per 1,000 sq.ft. of 160 Office) medical office (160) Total 460 spaces required 460 spaces provided Staff notes that the applicant is providing 460 parking spaces, which meets the required 460 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 12G.4. Section F. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 13 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 PUBLIC INVOLVEMENT On October 24, 2007 a Community Zoning Information Meeting was held at the Milton City Hall. There were approximately two members of the community in attendance that were interested in the subject site. Public Comment: Staff has received one e-mail from representatives of the Regency at Windward Square community, opposing the requested development because of increased traffic in the area. It is attached to this report. City of Milton Design Review Board Meeting – November 4, 2007 The applicant was not able to attend and therefore no comments were made regarding the project. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Webb Road. The notice of rezoning was sent to adjacent property owners on November 10, 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 seven days prior to the Mayor and City Council meeting. CONCLUSION The proposed development is consistent with Plan Policies and Board Policy for the development of O-I (Office & Institutional) to develop an office building. The petitioner’s request for four stories is inconsistent with Board policy on the site as well as for surrounding developments where the height of buildings is limited to 2 stories. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ07-011 with a height limit of two stories. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 14 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O-I (Office & Institutional) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Office and Institutional and accessory uses, at a maximum density of 14,507 gross floor area per acre zoned or a total gross floor area of 140,000 square feet, whichever is less. b) Limit the height of the building to no more than 2 stories or 30 feet from average grade. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 22, 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 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) Provide a 10-foot landscape strip planted to buffer standards along the east property line adjacent to AG-1 (Agricultural) (97VC-126). 4) 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 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 15 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 be impervious or disturbed (whichever is greater) on the entire parcel. Locations shall be as approved by the Stormwater Engineer. a) 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. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 16 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 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. City of Milton Arborist Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were located: 28” Oak 43” Double Sweetgum tree. It appears that they are within the proposed parking lot. Transportation: Comments: Hydrology: Types of detention proposed: City of Milton Fire Marshal: Traffic congestion could slow response times down in the area and the number of calls for service could increase with the number of employees in the building. Fire lanes will have to be maintained around building. No other comments as long as three sides of access are accessible with required road width and the two access roads are maintained. Milton Public Safety Commercial developments do not impact law enforcement for service as great as residential. However, with increased traffic congestion calls for accidents could increase. Only continued growth in the city will lead to need for additional officers. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 17 of 17 RZ07-011 R/P Z97-076 R/A Z94-116 PETITION NUMBER(S): RZ07-018 U07-009 VC07-010 PROJECT NAME WEBB ROAD CLIMATE CONTROLED SELF STORAGE/RESTAURANT PROPERTY INFORMATION ADDRESS 2935, 2925 Webb Road DISTRICT, LAND LOT 2/2 1047,1048 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING O-I (Office-Institutional) 05Z-029 & C-1 (Community Business) 00Z-090 PROPOSED ZONING C-1 (Community Business) ACRES 2.62 EXISTING USE Scattered Single Family Residences PROPOSED USE Restaurant and Climate Controlled Self Storage OWNER Webb Road Associates, LLC ADDRESS 2915 Webb Road, Milton, GA 30004 PETITIONER/REPRESENTATIVE Ken Morton PHONE 770-475-3138 INTENT To develop a 5,700 square foot restaurant and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot climate controlled self storage facility at 44,160 square feet per acre and a 2-part concurrent variance to 1) To locate the refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 1 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-018 - APPROVAL CONDITIONAL U07-009 – APPROVAL CONDITIONAL VC07-010, PARTS 1 & 2 - DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 2 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 3 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 4 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SITE PLAN – Revised Site Plan October 24, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 5 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SUBJECT SITE Looking north from site Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 6 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SUBJECT SITE: The subject site is located southwest corner of Webb Road SR 9 (Cumming Hwy). It is currently zoned C-1 (Community Business) pursuant to 00Z-090 located on the eastern portion of the site and O-I (Office-Institutional) pursuant to 05Z-029. The site is currently undeveloped except for single family residences/office. 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 commercial development is suitable based on the existing C-1 (Community Business) approved on the subject site as well as non residential zonings and development surrounding the site. However, the requested height is not suitable in view of adjacent and nearby property based on current policy to allow up to 2 stories in height pursuant to Z05- 029 (a portion of the subject site) approved at 12,844.32 square feet per acre and not to exceed 2 stories and 00Z-090 (subject site) approved at 8,653.9 square feet per acre and not to exceed 1 story. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may have a reasonable economic 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? It is Staff’s opinion that the proposed use may cause increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 7 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning district is partially consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Office and Retail Service Proposed use/density: 5,700 sq.ft. restaurant & 110,000 sq.ft. climate controlled self storage facility / 44,160 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail Service on the majority of the site and Office for the surrounding properties to the west along Webb Bridge Road. 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 partially consistent with the following Plan Policies: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Existing trees, particularly specimen trees and trees along road frontages should be preserved. • To the extent possible, open space should be incorporated into all developments. 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 C-1 (Community Business) on the subject site and surrounding properties and adopted land use policies support this request for a 5,700 square foot restaurant but is partially inconsistent with the proposed 110,000 square foot climate controlled self storage facility but at Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 8 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 a maximum height of 2 stories based on policy of the existing zoning on the site that conditions the site to 2 stories. 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 some impact on the environment and natural resources but the recommended conditions will help mitigate the impact. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 15 03Z-081 MIX (Mixed Use) Undeveloped office/commercial uses 2,228.14 sq.ft./acre for retail and/or office & 1,662.79 sq.ft./acre for office / 67,000 sf of retail and 50,000 sf of office Northeast 1 03Z-185 C-1 (Community Business) Deerfield Place-Phase 1 Under Development 9,552.93 sq.ft./acre 299,293 sq.ft. Southeast 2 73Z-001 C-1 (Community Business) Walmart Shopping Center and various businesses None Stated South 2a 06Z-049 C-1 (Commercial) Cactus Car Wash 5,405.41 sq.ft./acre 6,000 sq. ft. South 3 86Z-219 C-1 (Community Business) Re-Max Realty Office 8,000 sq.ft./acre South 4 04Z-030 C-2 (Commercial) Katy’s Car Wash 3,935.97/sq.ft./acre 3,995 sq.ft. 2 stories South 5 85Z-213 C-1 (Community Business) Fulton Feed & Seed Not Specified Further South 6 06Z-026 C-1 (Community Business) Firestone Tire Store 6,387.67sq.ft/acre 7,250 sq.ft. Further South 7 Z97-075 O-I (Office-Institutional) Nationwide Insurance Office Office in existing structure Further 8 C-1 (Community Business) 3,163 sq.ft./acre Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 9 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 South 88Z-211/U88-47 First Academy Day Care Southwest 9 Z93-019 C-1 (Community Business) Staton Heating & Air 8,724 sq.ft./acre Southwest 11 Z97-76 C-1 (Community Business) Windward Shopping Ctr 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further Southwest 12 Kroger Shopping Center City of Alpharetta N/A Further West 13 06Z-073 06U-012 MIX (Mixed Use) and Use Permit Undeveloped 13,000 sq.ft./acre 82,860 2 stories Further West 10 Z94-116 Pending RZ07-011 O-I (Office-Institutional) Undeveloped 1,572 sq. ft./acre 2 stories Further West 10 Z97-76 Pending RZ07-011 C-1 (Community Business) Undeveloped 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further Northwest 14 00Z-151 MIX (Mixed Use) The Preserve at Windward Village 2.10 u/a West 17 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. West 18 06Z-051 O-I (Office-Institutional) I.Q. Academy 2,000 sq. ft within Existing structure West 19 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. West 20 05Z-029 O-I (Office-Institutional) Undeveloped 12,844.32 s.f./acre 42,900 sq.ft. 2 stories Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 10 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 11 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district will allow retail service uses for the proposed restaurant on the east portion of the property but not for the climatized storage at the density or configuration that the applicant is requesting. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning is suitable for the subject site if it is developed at a maximum height of 1 story for the restaurant. The proposed climate controlled self storage should be developed at a maximum height of 2 stories to create a transition from the subject site to adjacent properties that have been developed or approved at one story. In addition, the policy for the subject site is for a height of 2 stories pursuant to 05Z-029. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed request would not create an isolated zoning district. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The effect of the proposed zoning, if developed with the recommended conditions, would be minimal to the zoning district or the SR 9 Overlay District. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? If approved with the recommended conditions, the proposed zoning would be consistent with past policy on the site and be more in keeping with the nearby residential and non-residential development in the area. 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 increased amount of impervious surface Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 12 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 over the site’s previous use as being undeveloped. If developed with recommended conditions, the impacts will be mitigated. 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 partially consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area if approved with the recommended conditions. 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. Staff is of the opinion that if approved at a maximum height of 2 stories, the proposed climate controlled self storage will create a better transition from commercial to other non-residential and multi-family to the north. 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 approved zonings and land use classifications in the general area of the subject site that are similar to the proposed rezoning. 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 and the Use Permit requirements of Article (Article 19.4.41(1)) of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 13 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Commercial uses and higher density residential developments are limited to areas designated in the Comprehensive Plan and Land Use Map. 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 climate controlled self storage facility is expected to be compatible with other land uses nearby 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 increase the amount of vehicular traffic, but the impact should be mitigated with the recommended conditions. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 1 parking space per every 5,000 square feet and 1 parking space per employee. The applicant is proposing 23 parking spaces located in front of the building along Webb Road. The proposed parking meets the minimum required amount of parking. F. The amount and location of open space; The applicant’s site plan indicates a minimal amount of open space because of the high density of the development proposed for the site. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 14 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 G. Protective screening; The proposed development will retain most of the existing trees located in the stream buffer. The parking areas can be screened by additional vegetation, as required by the City Tree Ordinance. H. Hours and manner of operation; The applicant has indicated that building will be used during regular business hours. I. Outdoor lighting; The applicant has indicated that the site lighting will comply with Highway 9 Overlay requirements. J. Ingress and egress to the property. The applicant’s site plan proposes one curb cut on State Route 9 (No left turn permitted onto SR 9) and one on Webb Road. The Webb Road curb cut is located across from the existing curb cut on the north side of Webb Road. In summary, the proposed Use Permit is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and development standards required by Article 19.4.41(1) if approved with the recommended conditions to limit the height of the building to 2 stories. Therefore, Staff recommends this petition, U07-009 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 24, 2007, Staff offers the following considerations: BUILDING SETBACKS The following building setbacks are required for the proposed C-1 (Community Business) development: Front (State Route 9) – 40 feet Side Corner (Webb Road) – 40 feet Side (South Property line) – 0 feet Rear (West Property line) – 25 feet Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 15 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 The site plan indicates the compliance with the required building setbacks. BUILDING HEIGHT The applicant has requested a one story restaurant on the eastern portion of the site. This is consistent with Board policy on the site and will be reflected in the recommended conditions. The applicant has proposed a three (3) story climate controlled storage facility. The current zoning pursuant to 00Z-090 was approved for a maximum of one story and further to the west on the subject site 05Z-029 was approved for 2 stories. Also, Board policy for the surrounding commercial and office zonings do not exceed 2 stories in height. Therefore, Staff will condition the height of the self storage facility to 2 stories not to exceed 30 feet from average grade. LANDSCAPE STRIPS AND BUFFERS Front (State Route 9) – 20 foot landscape strip (Per State Route 9 Overlay) Side Corner (Webb Road) – 20 foot landscape strip (Per State Route 9 Overlay) Side (South Property line) – 10-foot landscape strip Rear (West Property line) – 10-foot landscape strip It appears that the site plan meets or exceeds the required landscape strips. 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 Restaurant (5,700 sq.ft.) Minimum Requirement 10 spaces per 1,000 sq. ft. of restaurant (57 spaces) Spaces Provided 68 Provided for Restaurant Self Storage (110,000 sq.ft. ) 1 per 5,000 sq.ft. (22) 1 per employee (1) 23 Provided for storage Total 115,700 sq.ft 80 spaces required 91 spaces provided Staff notes that the applicant is providing 91 parking spaces, which exceeds the required 80 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. Specifically, the site plan does not exceed the minimum for the storage facility but is exceeding the required parking for the restaurant by 11 spaces. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 16 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 The applicant is requesting a concurrent variance to allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). The site plan shows a total of 68 parking spaces. To meet the requirement per Article 4.23.2, an additional 6 spaces are required. By providing the required landscape islands, a total of 62 spaces will remain. The applicant has not demonstrated a hardship that is not self imposed. Therefore, Staff recommends DENIAL of Part 2, VC07-010. OTHER CONSIDERATIONS Article 12G.4.B.4 in the SR 9 Overlay District requires refuse areas to be placed in the least visible location from public streets. The site plan shows the refuse area enclosed within the building that fronts Webb Road. This location is not consistent with the required location. It is Staff’s opinion that the applicant could relocate the refuse area to the side or rear of the building. Therefore, Staff recommends DENIAL of Part 1, VC07-009. The site plan is in compliance with the State Route 9 Overlay District development standards. It is also compliant with the Use Permit standards pursuant to Article 19.4.41(1). CITY ARBORIST Need to demonstrate an effort to save the three specimen trees in the northeast corner of the property. PUBLIC INVOLVEMENT On October 24, 2007 the Community Zoning Information Meeting held at the Milton City Hall. There were approximately two members of the community in attendance that were interested in the subject site. Public Comment: Staff has received 1 e-mail which represents the Regency at Windward Square in opposition to the requested development because of increased traffic in the area. It is attached to this report. City of Milton Design Review Board Meeting – November 4, 2007 This case was not reviewed by the DRB. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 17 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 the frontage of Webb Road. The notice of rezoning was sent, to adjacent property owners on November 10, 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 development is consistent with Plan Policies and Board Policy for the development of C-1 (Community Development) to develop a restaurant and climatized self storage. The petitioner’s request for four stories is inconsistent with Board policy on the site as well as for surrounding developments that limit the height of buildings to 2 stories. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ07-011 but to limit the height to 2 stories. Staff recommends DENIAL of Parts 1 and 2 of VC07-009 based on the fact that the applicant has not demonstrated that the hardship is not self imposed. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 18 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O-I (Office-Institutional) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 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, including all exterior food and beverage service areas, at a maximum density of 44,160 gross square feet per acre zoned or a total of 115,700 square feet b) 110,000 square foot climate controlled self storage (U07-009) c) Limit the height of the 5,700 square foot building to no more than 1 story. d) Limit the height of the 110,000 square foot climate controlled self storage to 2 stories and 30 feet in height. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 24, 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 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 abide by the following requirements, dedication and improvements: Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 19 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 a. Reserve the necessary Right of Way along the necessary property frontage of Webb Road and SR 9, 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 Right of Way Ordinance. The sidewalk/trail shall be located at the back of the reserved Right of Way. 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 by the Transportation Engineer for Milton and GDOT to: i. Provide at least 10.5 feet of right-of-way from the back of curb (or edge of pavement for rural areas) 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. Overlay and striping for full width of Cumming Hwy (SR9) the length of property lines plus any additional taper lengths necessary or as approved by the Transportation Engineer for Milton and GDOT iii. Provide at least 5 feet of right-of-way and construction of a standard bicycle lane across the frontage of Cumming Hwy (SR9) for limits of overlay as approved by the Transportation Engineer for Milton and GDOT. c. Provide as a minimum 55 feet of right-of-way from centerline on Cumming Hwy (SR9). Provide 45 feet of right-of-way from centerline of Webb Road. d. Provide adequate right-of-way dedication for addition of the following elements on Webb Road: i.WB Left Turn Lanes on Webb Road at both driveways ii. EB Right auxiliary lane along the entire property frontage on Webb Road with necessary striping. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 20 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 e. Provide adequate right-of-way dedication for addition of the following elements on SR 9: i) SB Right auxiliary lane along the entire property frontage on SR 9 with necessary striping ii. Provide motorized Inter parcel access to all adjoining properties as required by the Transportation Engineer for Milton. Provide additional non-motorized Inter parcel trails or sidewalks as may be required by the Transportation Engineer for Milton. iii. Installation and dedication of a new decorative mast arm traffic signal at the intersection of Webb Road and Cumming Highway (SR 9) prior to a C.O. as approved by the Transportation Engineer for Milton and GDOT. The applicant is required to meet with and coordinate his improvements with the developers on all sides of his improvements. Signalized intersections shall not be designed as a split phase operation because of poor alignment or sight distance as approved by the Transportation Engineer for Milton and GDOT. iv. Gates are not shown on the site plan and are thus not allowed. v. Required to meet and not exceed parking requirements, when calculated using Article 18 Shared Parking; encouraged to utilize pervious materials for perimeter parking spaces or as approved by the Transportation Engineer. vi. 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 for Milton and GDOT. 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 at a maximum grade of six percent or as approved by the Transportation Engineer for Milton and GDOT. vii. No separate driveway access on SR 9 permitted by the Transportation Engineer for Milton and GDOT. Shared driveway is required if desired by Developer. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 21 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 viii. Easements where required shall be provided for the Milton Trail, as required by the Transportation Engineer. Provide six foot wide asphalt trail along the entire frontage of the property with a minimum 4 foot grass strip between the trail and the back of curb, as approved by the Transportation Engineer. 4) 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. b. The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. c. The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d. Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 22 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 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. City of Milton Arborist Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were located: 28” Oak 43” Double Sweetgum tree. It appears that they are within the proposed parking lot. Transportation: 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 and water quality area locations Transportation Facilities: Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 23 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Mitigation Required from Project Impacts: Webb Road dedicated eastbound right and westbound left turn lanes at both proposed site driveways. Shared site entrance with southern parcel on Cumming Highway (SR 9) shall be a right/left in, left out, and right out driveway. This 3 lane queue length shall extend a minimum of 100’ uninterrupted flow within the site. Driveway location and design shall be approved by Traffic Engineer for Milton and GDOT. Comments: The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. Hydrology: Types of detention proposed: City of Milton Fire Marshal: Fire department access has to be maintained in any commercial structure above 30 feet. Approved Access roads will have to be maintained at all times. The fuel load in the storage facility could increase water usage in cases of a fire. Milton Public Safety Commercial developments do not impact law enforcement for service as great as residential. However, with increased traffic congestion calls for accidents could increase. Only continued growth in the city will lead to need for additional officers. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 24 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 25 of 25 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 PETITION NUMBER(S) RZ07-019 U07-010 VC07-011 PROJECT NAME Charter Global PROPERTY INFORMATION ADDRESS 12800 Deerfield Parkway DISTRICT, LAND LOT 2/2 114,113 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) Z00-025 PROPOSED ZONING O-I (Office & Institutional) ACRES 3.04 EXISTING USE Undeveloped PROPOSED USE 3 story office building with underground parking OWNER Charter Global, Inc. ADDRESS 5445 Triangle Parkway, Suite 190, Norcross, GA 30092 PETITIONER/REPRESENTATIVE Wendy S. Butler, W. Butler Legal Services, LLC ADDRESS 11330 Lakefield Drive, Building II, Suite 200, Johns Creek, GA 30097 PHONE 770.814.4255 INTENT To rezone from C-1 (Community Business) to O&I (Office & Institutional) to develop a 23,000 square foot, three story office building, with an underground parking garage, at a density of 7,565.68 square feet per acre. The applicant is requesting a Special Use Permit (Article 19.4.21) to allow the proposed building to be constructed at a height of 70 feet. The applicant is also requesting a three-part concurrent variance: 1) To reduce the side setback from 20 feet to 15 feet along the north property line; 2) To encroach into the 50 foot stream bank buffer by approximately 675 square feet to allow pervious parking; 3) To encroach into the 75 foot impervious setback by approximately 5,701 square feet to allow pervious parking. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 1 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL -- RZ07-019 APPROVAL CONDITIONAL -- U07-010 APPROVAL CONDITIONAL -- VC07-011, Parts 1,2 & 3 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 2 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 3 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 4 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 REVISED SITE PLAN – November 13, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 5 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Subject Site (Looking from Deerfield Pkwy) Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 6 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 SUBJECT SITE: A 3.04 acre site currently zoned C-1 (Community Business) pursuant to Z00-025 approved for retail, service commercial, and or office, and accessory uses at a density of 5,197.37 square feet per acre or a total of 15,800 square feet, whichever is less. The site is currently vacant. It is wooded and contains an unnamed creek which flows along the southern property line, eventually draining into Lake Deerfield. The subject property is currently bordered by O&I zoned properties to the north and south and C-1 properties to the west. The property is part of the planned development of Lake Deerfield, and is subject to covenants of the development. The property is also subject to the State Route 9 Overlay District regulations. 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 office development is suitable based on: 1. The existing O&I (Office & Institutional) zoning to the north, pursuant to Z99-011 approved at 19,191square feet per acre. 2. The existing O&I (Office & Institutional) zoning to the south, pursuant to Z97-123 approved at 13,000 square feet per acre. 3. The existing O&I (Office & Institutional) zoning to the east, pursuant to Z97-098 approved at 11,500 square feet per acre. 4. The existing C-1 (Community Business) zoning to the west, pursuant to Z73-001. The original rezoning for this site was approved in 2000, for a 15,800 square foot building, at 5,197.37 square feet per acre. The applicant is currently Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 7 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 proposing a 23,000 square foot building, at a density of 7,667 square feet per acre. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property does have a reasonable economic use as currently zoned as it is zoned C-1 (Community Business). 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 an increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed O&I (Office & Institutional) zoning is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The subject property is located along the west side of Deerfield Parkway, north of Morris Road, which the Comprehensive Plan discusses as being appropriate for Retail and Service uses. It is the opinion of the Staff that the proposed use and its proximity to other service, commercial and office uses lends itself to the desired retail and service composition of the area and complies with the policies of the Comprehensive Plan. Focus Fulton 2025 Land Use Plan Map: Retail & Service Proposed use/density: 3 Story Office with parking under building/7,667 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail and Service for the surrounding properties along the Deerfield Parkway corridor south of Webb Road, and north of Windward Parkway. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 8 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 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: • Developments in the Retail and Service land use should provide inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety. The development proposes interparcel access to the property to the North. • Direct business to areas throughout the City that are targeted for economic growth. The proposed building is in a planned office/retail/commercial center. • Encourage development that improves air quality and protects human heath and the environment. The proposed development will utilize pervious parking and possibly a green roof. • The transportation system should incorporate automobile, transit when available, bicycle, pedestrian facilities. The proposed development is on an existing bus route and includes existing sidewalks. 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 community business on the subject site and to the west, and of office and institutional to the north , south, and east, as well as adopted land use policies support this request to develop an office building. 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 some impact on the environment and natural resources, but materials proposed by the applicant and the recommended conditions will help mitigate the impact. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 9 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Development Name Approved Density (sq ft per acre)/ Max Square Feet of Bldg North 1 Z-93-011 U99-008 (to exceed height) O&I (Office & Institutional) Undeveloped 19,191/223,000 Six stories East 2 Z97-098 O&I (Office & Institutional) Verizon office buildings 11,500/437,000 South 3 Z97-123 O&I (Office & Institutional) Marriot Spring Hills Suites hotel 13,000/282,000 Southwest 4 Z96-127 C-1 (Community Business) Home Depot 11,625/262,500 West 5 Z73-001 C-1 (Community Business) Walmart n/a Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 10 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 EXISTING USES MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 11 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning of C-1 (Community Business) is suitable; however, the building that is currently allowed per RZ00-025 is 7,200 square feet smaller than then proposed building. 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 O&I (Office and Institutional). This zoning district allows for offices and hotels, which are some of the existing uses surrounding the subject property. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to O&I (Office and Institutional) would not create an isolated district. There are O&I (Office and Institutional) zonings in the immediate vicinity to the north, south and east of the subject property along the Deerfield Parkway corridor. 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 will not have a negative impact on the character of the State Route 9 Overlay District. The proposed rezoning request will give continuity to Deerfield Parkway corridor, continuing an already existing use. 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 will not 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? Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 12 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Staff notes that the proposed rezoning may have an impact on the environment because of the increased amount of storm water runoff, and the encroachment of impervious surfaces in the 75 foot impervious setback buffer and the 50 foot stream bank buffer. However, the use of pervious materials for the parking lot, and the recommended conditions should help mitigate any negative impact. 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 consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan which recommends Retail and Service for the subject site. There are commercial, service and office uses adjacent to the subject property. 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. There are no residential uses adjoining the subject property. 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 is an undeveloped, O&I (Office and Institutional) zoned, 21.3 acre parcel to the north of the subject property, and a 2.35 acre O&I (Office and Institutional) zoned property with an existing hotel, to the south of the subject property. To the east, there is a 43.42 acre, O&I zoned property containing office buildings. All of these surrounding properties fall within the Retail and Service designation on the 2025 Future Land Use Map. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 13 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 In summary, the proposed O&I zoning is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the surrounding C-1 and O&I districts. Therefore, Staff recommends that this petition, RZ07-019 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. Per Article 8.1.3.A, O&I zoning allows four story, 60 foot tall buildings. The applicant is requesting a Use Permit to allow a three story, 70 foot tall office building, with one story of parking underneath the building. While the building technically will be four stories, the parking structure will remain open and embedded in the slope. Only three floors will be occupied by offices. The structure will be 70 feet high from finished grade. Other Use Permits for height increase have been approved in the vicinity of the subject property. Immediately to the north, U99-008 was approved allowing a six story building. To the north of this site, U00-025 was approved allowing a six story building. There are no adjacent residential uses that would be adversely affected by the approval of the height increase. 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 and the Use Permit requirements of Article 19.4.2 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Commercial uses and higher density residential developments are limited to areas designated in the Comprehensive Plan and Land Use Map. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 14 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 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 office is expected to be compatible with other land uses, and approved use permits allowing six story buildings, 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 increase the amount of vehicular traffic, but the impact should be mitigated with the recommended conditions. Staff notes that there is an existing sidewalk along the Deerfield Parkway frontage, which will facilitate pedestrian access. Also of note, the subject property is on a current Marta bus line. 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 per every 1000 square feet, up to 250,000 square feet. The applicant is proposing 75 parking spaces located in front, behind and underneath the building. All parking areas will be located on site, and will consist of pervious paving materials, enhanced by a 6-10 inch gravel base. The proposed site plan shows 675 square feet of pervious parking within the 50 foot undisturbed buffer, and 6,010 square feet of pervious parking in the 75 foot impervious setback. F. The amount and location of open space; The applicant’s site plan indicates that over half of the subject site is undeveloped due to the stream buffers. Staff is of the opinion that the proposed development will provide adequate open. Approximately 52,146 square feet (1.2 acres) will be disturbed on the 3 acre site. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 15 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 G. Protective screening; The proposed development will retain most of the existing trees located in the stream buffer. The parking areas can be screened by additional vegetation, as required by the City Tree Ordinance. H. Hours and manner of operation; The applicant has indicated that building will be used during regular business hours. I. Outdoor lighting; The applicant has indicated that the site lighting will comply with Highway 9 Overlay requirements. J. Ingress and egress to the property. The applicant’s site plan proposes one curb cut on Deerfield Parkway. Staff notes that the curb cut will be located on the adjacent Crescent Resources property to the North. The property is currently undeveloped, so the entrance will be built as part of this development. It is Staff’s opinion that this shared entrance will be a benefit by minimizing interruptions to the flow of traffic along Deerfield Parkway. In summary, the proposed Use Permit is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the surrounding C-1 and O&I districts, and associated Use Permits to exceed the district height. Therefore, Staff recommends this petition, U07-010 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 6, 2007, Staff offers the following considerations: Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 16 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 BUILDING SETBACKS The site plan indicates compliance with the following zoning district minimum building setbacks pursuant Article 8.1.3: Front Yard (adjacent to Deerfield Parkway) 40 feet Rear Yard (west property line) 25 feet The applicant is requesting approval of a concurrent variance to reduce the north side yard setback from 20 feet to 15 feet. This will allow the proposed building to encroach into the existing 20 foot setback by 5 feet. The property is bounded on the south by a unnamed creek, and its associated buffers. It is Staff’s opinion that this is a reasonable request due to the size, shape and topography of the subject lot, and recommends APPROVAL CONDITIONAL of part one of VC07-011. LOT COVERAGE Per Article 8.1.3.J, the area of the footprint of all buildings and parking shall not exceed 70 percent of the total land area. The proposed development meets this requirement. LANDSCAPE STRIPS AND BUFFERS In addition to the State’s 25 foot stream bank buffer, Chapter 14, Article 6, Section 5, (a) of the City Code, requires that an undisturbed, natural vegetative buffer shall be maintained for 50 feet on both banks of the stream, along with an additional 25 setback, beyond the undisturbed buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be allowed, but minimized within this setback. The applicant’s letter of intent states that this site was originally subdivided and planned when the State only required a 25 foot stream buffer, along with a 35 foot stream buffer, required by Fulton County. Faced with constraints due to the shape of the property, and the more restrictive buffers, the applicant states that it is necessary for the proposed parking to encroach into the 50 buffer and 75 impervious setback. The proposed development shows parking encroaching into the 50 foot stream bank buffer by approximately 675 square feet, and parking encroaching into the 75 foot impervious setback by approximately 5,701 square feet. The letter of intent states that the developer has taken every effort to avoid placing any development within the stream Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 17 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 buffers, and wishes to maintain the natural portions of the property wherever possible. To minimize the disturbance to the buffer, pervious concrete will be used for all parking areas, creating a 93 percent pervious area. In the effort to further minimize disturbance of the buffer, the applicant also proposes a large retaining wall along the northern property line and underground parking. Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty (20) foot-wide landscape strip along Deerfield Parkway. Article 12G.4 Section A.3 further states that for every 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. Although the site plan does not indicate the 20 foot landscape strip along Deerfield Parkway, there appears to be adequate area and existing trees to meet this requirement. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Type of Use spaces / 1000 sf Approx. Project sf Spaces Required Spaces Provided Office 3 23,000 69 75 Totals 23,000 69 75 Staff notes that the applicant is proposing 75 parking spaces, which are six (6) over (8.6%) of the parking spaces required per Article 18 of the City of Milton Zoning Ordinance. While, the least amount of parking is encouraged, Staff notes that all of the proposed parking will be constructed of pervious concrete, and that 20 spaces will be located under the proposed building. With the addition of this landscape strip, it appears that the site plan would be in compliance with the landscape and layout requirements of Article 12G.4. Section F. Due to the applicant’s efforts to minimize surface runoff on the entire site, and the constraints of the property, Staff recommends APPROVAL CONDITIONAL OF Part 2 of VC07-011, and APPROVAL CONDITIONAL OF Part 3 of VC07-011. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 18 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 OTHER CONSIDERATIONS There is no on-site detention proposed for this site; any runoff from this site will be routed to Lake Deerfield. The pervious concrete proposed for the paving is designed to minimize the amount of oil and sediment that will enter the stream. Most of the oil, anti-freeze, and other automobile fluids that can be washed into streams when it rains will be picked up by the “first flush” (the first one inch of rainfall). By capturing the first flush and allowing it to percolate into the ground, the pervious concrete allows soil chemistry and biology to “treat” the polluted water naturally. City Arborist Comments: The Arborist notes that this is a very nice, wooded site, with sloping topography, adjacent to a stream. There is a very good mix of hardwood tress, small to mature in size. There appears to be only one specimen tree located on the site, a 30 inch tulip poplar. The Arborist suggests that the applicant tries to incorporate green design elements as much as possible. Staff notes that prior to issuance of a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review the plans. PUBLIC INVOLVEMENT On October 24, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. No one attended this meeting. Public Comments – None at this time. City of Milton Design Review Board Meeting – November 6, 2007 The following comments were made by the DRB: • The proposed building seems too big for the site. • Consider giving development a wooded campus feel. • Save as many hardwoods as possible. • Consider making parking more freeform—work around trees, eliminate curb. • Consider a building that is not square. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 19 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 the frontage of Deerfield Parkway. The notice of rezoning, use permit and concurrent variances was mailed to adjacent property owners on November 8, 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 O&I (Office and Institutional) development is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and consistent with recent Board Policy, therefore, Staff recommends that this request to rezone to O&I (Office and Institutional) be APPROVED CONDITIONAL. Further, Staff recommends APPROVAL CONDITIONAL OF U07-010, as well as APPROVAL CONDITIONAL of PARTS 1, 2 and 3 of VC07-0011. 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 November 27, 2007 11/20/2007 Page 20 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O&I (Office and Institutional) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Office and institutional and accessory uses, at a maximum density of 7,668 gross floor area per acre zoned or a total gross floor area of 23,000 square feet, whichever is less, but excluding hotels. b) Limit the height of the building to no more than 70 feet, consisting of 3 stories above grade, and one story of parking below grade (U07- 010) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 13, 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 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) Reduce the side setback from 20 feet to 15 feet along the north property line. (VC07-011, Part 1) b) To allow approximately 675 square feet of pervious parking to encroach into the 50 foot stream bank buffer (VC07-011, Part 2) c) To allow approximately 5,701 square feet of pervious parking to encroach into the 75 foot impervious setback (VC07-011, Part 3). Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 21 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 d) To meet and not exceed parking requirements when calculated using Article 18. To utilize pervious materials for all above ground parking areas, as shown on the revised site plan submitted November 13, 2007. e) The developer shall provide one (1) bicycle space or slot per every 10 parking spaces. f) All building entrances shall have a direct connection to the sidewalk network. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve the necessary Right of Way along the necessary property frontage of Deerfield Parkway, 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 Right of Way Ordinance. The sidewalk/trail shall be located at the back of the reserved Right of Way. 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 by the Transportation Engineer for Milton to: i. Provide at least 10.5 feet of right-of-way from the back of curb (or edge of pavement for rural areas) 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. Overlay and striping for full width of Deerfield Parkway the length of property lines plus any additional taper lengths necessary or as approved by the Transportation Engineer for Milton. c) Motorized Inter parcel access is required on the north property line by the Transportation Engineer for Milton. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 22 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 d) Non-motorized Inter parcel trails or sidewalks will be required by the Transportation Engineer for Milton. e) The applicant is required to meet with and coordinate his improvements with the developer on the north side of his improvements. f) For office uses, a minimum of 1 car/vanpool or rideshare dedicated area for 50 spaces. For all uses, a minimum of 1 bicycle space for every 10 parking spaces with 1/3 to be covered spaces. g) 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 for Milton. 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 at a maximum grade of six percent or as approved by the Transportation Engineer for Milton. h) Connection to shared driveway shown on November 13, 2007 Site plan is not acceptable as it does not meet design guidelines. i. Access to shared drive will be allowed at 95th percentile queue for the combined condition with future development or one hundred feet, which ever is greater. ii. Interparcel access at stub out on future development located approx 200’ from Deerfield Parkway shown on November 13, 2007 site plan is acceptable for shared driveway connection location. 6) 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. b) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. c) The Developer should utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 23 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 d) Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. e) Provide water quality and channel protection required storage volumes before discharge into creek. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 24 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 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 have provided 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. City of Milton Fire Marshal: Fire could be affected by a heavy traffic volume that would increase, the response time to this area. Potentially, water consumption would also increase, thus putting more strain on our water distribution system. Due to the increase of vehicular and pedestrian traffic, call volume would also increase. Access around the buildings appears to be adequate at this time. City of Milton Police Department: Possible increase in traffic congestion and vehicle crashes. Hydrology 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 states that the hydrology for this site was included in the original hydrology design for Deerfield and that Stormwater management facilities are already installed in Lake Deerfield. The hydrology will be verified and studied with the LDP plans. Transportation Facilities: Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 25 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 26 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 27 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 28 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 29 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 30 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 31 of 31 RZ07-019 U07-010 VC07-011 R/A 2000-025 PETITION NUMBER(S): U07-06 VC07-013 PROJECT NAME JVS Landscaping & Lawn Care, Inc. PROPERTY INFORMATION ADDRESS 14972 Hopewell Road DISTRICT, LAND LOT 2/2, 618/619 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING N/A ACRES 2.52 Acres EXISTING USE Single Family Residence PROPOSED USE Landscaping Business (Article 19.4.27) OWNER Michael L. Crifasi ADDRESS 270 Bruton Way, Atlanta, GA 30342 PETITIONER/REPRESENTATIVE Jeff Ver Steegh ADDRESS 785 Stratforde Drive Alpharetta, GA 30004 PHONE (404) 483-2494 INTENT To request a Use Permit for a landscaping business operation, to use an existing “Quonset” garage (42’ x 45’) towards the rear of the subject property for the storage of equipment and landscaping trucks at an overall density of 750 square feet per acre. Additionally, the applicant requests a three part concurrent variance; Part 1: To reduce the 50’ setback along the eastern property line to a 40’ setback (Article 19.4.27.B.3). Part 2: To reduce the 50’ buffer and 10’ improvement setback to a 10’ buffer along the eastern property line (Article 12 H. 3.1.C.1). Part 3: To reduce the 50’ buffer and 10’ improvement setback along the southern property line to a 15’ buffer (Article 12H.3.1.C.1) Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 1 of 17 UP07-006/VC07-013 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U07-006 – Approval VC07-013 Part 1 – Approval Conditional VC07-013 Parts 2 & 3 – Denial Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 2 of 17 UP07-006/VC07-013 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 3 of 17 UP07-006/VC07-013 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 4 of 17 UP07-006/VC07-013 SITE PLAN – September 18, 2007 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 5 of 17 UP07-006/VC07-013 SUBJECT SITE – PHOTO Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 6 of 17 UP07-006/VC07-013 SUBJECT SITE - PHOTO SUBJECT SITE: The subject site is a 2.52 acre tract of agriculturally zoned land, located on the western side of Hopewell Road. The subject site was a fairly recently subdivided parcel of land with a 42’ x 45’ “Quonset” garage located on the subject property. The plan is to eventually build a residential use on the property, though no definitive timeframe has been established for this particular development activity. 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 November 27, 2007 11/20/2007 Page 7 of 17 UP07-006/VC07-013 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 AG-1 (Agricultural) Champions View S/D 1 unit/acre 3,000 sq.ft. East 2 AG-1 (Agricultural) Scattered Single Family Homes 1 unit/acre 2,500 sq.ft. South 3 AG-1 (Agricultural) Scattered Single Family Homes 1 unit/acre 2,500 sq.ft. West 4 AG-1 (Agricultural) Stratford Estates at Hopewell 1 unit/acre 3,000 sq.ft. North 5 AG-1 (Agricultural) Northfield S/D 1 unit/acre 3,000 sq.ft. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 8 of 17 UP07-006/VC07-013 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 9 of 17 UP07-006/VC07-013 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 landscaping business 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 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 5 parking spaces for the proposed development. Article 19.4.10 requires the Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 10 of 17 UP07-006/VC07-013 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 not meet the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. It appears that there is sufficient room to locate 2 additional parking spaces. 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 for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant indicates the landscaping business activities relate simply to the storage of two landscaping trucks and associated equipment within the existing Quonset garage location. The applicant indicates two landscaping trucks will leave the site around 8:00 AM and return to the property approximately at 5:00 PM. Minimal disturbance will occur related to operational activities associated with the proposed use permit. A total of two crews with two employees per crew are currently employed for the operation with no plans for occupational expansion. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. J. Ingress and egress to the property. The applicant’s site plan indicates one curb cut on Hopewell Road. Staff notes that the curb cut currently exists and that the applicant is not requesting any additional curb cuts. Given the limited use of the subject Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 11 of 17 UP07-006/VC07-013 site, Staff is of the opinion that the proposed development will have limited impact upon the traveling public. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 18, 2007, Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS The AG-1 (Agricultural) district requires the following building setbacks: Front - 60 feet along Hopewell Road Sides – 25 feet along the south and north property lines Rear – 50 feet along the west property line The existing garage is incompliance with the district setback standards. The Use Permit for a landscaping business requires all use areas/structures other than parking and pedestrian walkways should be located a least 50 feet from adjacent AG-1 or residential zoning districts. Along the eastern property line labeled “L6” the garage encroaches into the 50 foot setback. The applicant is requesting a concurrent variance to allow this encroachment. It is Staff’s opinion that because of the configuration of the lot and that based on the minor subdivision plat that this line is recognized as a minimum 25-foot side building setback, that Part 1 of VC07-013 should be APPROVED. 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 indicates only a garage will be in located on the property related to the use permit request where its 15’ vertical height will not jeopardize the Overlay District requirement standards. 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, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting a reduction from a 50-foot buffer and 10-foot improvement setback to a 10-foot buffer along the eastern property Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 12 of 17 UP07-006/VC07-013 line. Secondly, the applicant is requesting a reduction of the 50-foot buffer and 10-foot improvement setback to a 15 foot buffer along the south property line. Staff recommends maintaining a 50 foot buffer along the southern property line adjacent to the Quonset garage and removing the existing boulders place near the property line to help ensure new plant material growth and stability. The entrance driveway into the development should be reconfigured to provide ingress/egress access into the garage via the northern side of the garage area. It is Staff’s opinion that the proposed reductions would have a negative impact on adjacent property owners and would not provide adequate protection. Therefore, Staff recommends DENIAL of Parts 2 & 3 of VC07-013. In light of the presence of significant concrete rubble and large stone material on the northern portion of the subject property, the property is classified as an inert landfill under Georgia EPD guidelines, where a 100’ landscaping buffer shall be provided along the northern and western property lines. City Arborist Structure is located about 70 feet from the south property line. Cut has occurred up to the 25-foot point. There is an existing 25-foot vegetated buffer remaining with large boulders at the edge working as a retaining wall. Between the boulders and the building is gravel parking. No trees or shrubs can be planted in this area without removing the parking. The north property line was not located but by observing a rear property fence, it appears the applicant has cleared up to the property line in this area. No specimen trees were located at this site. 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 • Landscaping Business • 3 spaces per 1,000 sq. ft. of • 0 spaces (1,890 sq. ft.) building area. (5 spaces) Total 5 spaces required 0 spaces provided Staff notes that the applicant had not shown any parking spaces. It appears that there is adequate area to provide the required five (5) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan can meet the layout requirements of Article 12H.3.1 Section B. PUBLIC INVOLVEMENT On October 24th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 13 of 17 UP07-006/VC07-013 attendance from the community voicing concern about the use proposal requested. The applicants presented their plan to the Milton Design Review Board on November 6th, 2007. Public Comments – Staff has not received one comment over the phone in opposition to the landscaping business. City of Milton Design Review Board Meeting – November 6, 2007 The following recommendations were made by the DRB: • Point 1 – The Milton Design Review Road indicated their charge of looking at aesthetic design options in courtesy reviews did not apply related to the existing garage being on the site. Public Notice Requirements The use permit petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Hopewell Road. The notice of rezoning was sent, to adjacent property owners, on November 10, 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 landscaping 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 landscaping business and APPROVAL CONDITIONAL to Part 1 of VC07-013 to reduce the 50 foot setback to 40 feet. Staff recommends DENIAL of Parts 2 & 3 of VC07-013 since the proposed reductions in buffers would not provide adequate protection for adjacent properties to the east and the south. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 14 of 17 UP07-006/VC07-013 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscaping 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) The landscaping business activities to be confined within the existing garage structure. No modifications will be made to the exterior of the structure other than general maintenance activities. b) Total square footage of all structures on the subject property shall not exceed 1,890 gross square feet, or a density of 750 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 September 18, 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’ setback along the eastern property line to a 40’ setback to the extent necessary to allow the existing structure to comply (Part 1 VC07-013). 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) No more than one (1) exit/entrance on Hopewell Road. 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 November 27, 2007 11/20/2007 Page 15 of 17 UP07-006/VC07-013 b) Reserve Right-of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. c) 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/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. d) Driveway entrances and roads shall meet the Public Works Department Policies and AASHTO guidelines. 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 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 November 27, 2007 11/20/2007 Page 16 of 17 UP07-006/VC07-013 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 Classification: Arterial Comments: • Left and right stopping sight distance required for 45 MPH is 500’. Site visibility study required to be submitted to the City of Milton. 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: • The only comment would be fire department may not have access to the building due to the distance from the roadway, unless the roadway meets the minimum width and weight capacity of a fire department access roadway. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 17 of 17 UP07-006/VC07-013 PETITION NUMBER(S): U07-007 VC07-012 PROJECT NAME Canine Assistants PROPERTY INFORMATION ADDRESS 3160 Francis Road DISTRICT, LAND LOT 2/2 610, 611 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 17.12 EXISTING USE Canine Assistants Facility PROPOSED USE Expansion of Canine Assistants Facility, Use Permit for Agricultural Related Activity (Article 19.4.3) OWNER Canine Assistants, Jennifer Arnold ADDRESS 3160 Francis Road, Milton, GA 30004 PHONE 770-664-7178 REPRESENTATIVE Michael Twiner, PE, Planners & Engineers Collaborative ADDRESS 350 Research Court, Norcross GA 30092 PHONE 770-451-2741 INTENT To expand the existing Canine Assistants facility from approximately 23,125 square feet within 9 buildings to 3,240 square feet within 1 additional building located in the southwest corner of the property for a total of 10 buildings and 26,365 square feet at an overall density of 1,540 square feet per acre. The applicant is also requesting the following 3 part concurrent variance: 1) To allow the existing gravel parking lot within the 100-foot setback (Article 19.4.3.B.4). 2) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan (Article 12H.3.5.C.1). 3) To allow parking between the buildings and the right-of –way as shown on the site plan (Article 12H.3.5.F.3.). Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 1 of 18 U07-007/VC07-012 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION DEFERRAL FOR THIRTY (30) DAYS (This is to allow an additional concurrent variance to be advertised) Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 2 of 18 U07-007/VC07-012 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 3 of 18 U07-007/VC07-012 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 4 of 18 U07-007/VC07-012 SITE PLAN – October 2, 2007 Overall Site Plan 11/20/2007 U07-007/VC07-012 Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 Page 5 of 18 SITE PLAN – October 2, 2007 Location of New 3,240 sq.ft. building Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 6 of 18 U07-007/VC07-012 SUBJECT SITE – Looking from west to east Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 7 of 18 U07-007/VC07-012 SUBJECT SITE SUBJECT SITE: The subject site is a 17.12 acre tract of agriculturally zoned land, located on the northern side of Francis Road, east of Cogburn Road. The subject site is currently developed with 9 structures ranging between 875 and 6,850 square feet in size. The applicant has utilized the property since 1991 as a nonprofit organization which raises and trains service dogs to help children and adults with physical disabilities. The proposed new building will be used as a training facility for the recipients for the service dogs. There are 6 training camps per year for a period of 2 weeks. 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 November 27, 2007 11/20/2007 Page 8 of 18 U07-007/VC07-012 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East & Further East 1 AG-1 (Agricultural) Scattered Single Family Residences 1 unit/acre 1,500 sq.ft. Further East 2 AG-1 (Agricultural) Hopewell Glen S/D 1 unit/acre 2,500 sq.ft. South 3 CUP (Community Unit Plan) Crooked Creek 1.7 u/a 3,000 sq.ft. East 4 AG-1 (Agricultural) Cobblestone Farms S/D 1 unit/acre 3,000 sq.ft. Further east & Northeast 5 AG-1 (Agricutural) Champions View S/D 1 unit/acre 3,000 sq.ft. North 6 AG-1 (Agricultural) McGinnis Farms (Under Development) 1 unit/acre Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 9 of 18 U07-007/VC07-012 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 10 of 18 U07-007/VC07-012 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.3. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed agricultural-related activity is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. The applicant has appropriate local, state and federal permits needed to operate the dog training facility. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic since much of the trips to the site are buses bringing clients to the site for the training that occurs 4-6 times a year. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 11 of 18 U07-007/VC07-012 E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide 1 space per 35 square feet in the largest assembly area. The largest assembly area within the new addition is 2,000 square feet and requires 57 parking spaces. Article 19.4.3.B.4 requires the applicant to locate parking outside a minimum 100- foot setback from all property lines. The applicant is requesting a concurrent variance to encroach into this setback. Further discussion is under the Site Plan Analysis below. F. The amount and location of open space; The applicant’s site plan indicates that if developed as submitted; there will be approximately 26,365 square feet of developed with buildings and approximately 20,000 square feet of walkways, parking areas, and detention areas for a total of 46,365 square feet of developed area. The remainder of the site, approximately 16 acres will remain open space. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. A condition will be included to allow the existing structures to encroach in the required 75-foot buffer and 10-foot improvement setback along the west property line. The proposed new building is outside the required buffer and improvement setback. H. Hours and manner of operation; The applicant’s letter of intent indicates that the new building will be open from 9 a.m. to 9 p.m. though it is unlikely that it will be occupied more than 5 or 6 hours a day. The training facility will be mainly utilized during the 6- two week training camps throughout the year. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 12 of 18 U07-007/VC07-012 J. Ingress and egress to the property. The applicant’s site plan indicates a total of six (6) existing curb cuts on Francis Road that has a frontage of 863 feet. There are various buildings on the entire site that have various purposes for the training facility and the need for the existing curb cuts. Staff is of the opinion that the proposed development will have limited impact upon the community. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 2, 2007 Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS Article 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 for all properties and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection. The applicant is requesting a concurrent variance to allow the new structure to be 250 feet from the required landscape strip. There are some existing buildings of which some were developed as “farm houses” prior to the combination of the tracts that comprise the current 17 acres. The proposed new training building has been placed further to the rear to help preserve existing pastures to the east that are used for the horses used for therapeutic riding. In addition, the building will not be visible from the right-of-way. Staff is of the opinion that the requested variance would be in harmony with the general purpose and intent of the zoning ordinance and recommends that Part 2 of VC07-012 be APPROVED CONDITIONAL. BUILDING HEIGHT Article 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 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 seventy- five (75) foot-wide 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 applicant’s site plan shows compliance or area to meet this requirement with exception to the existing 2,000 square foot building near the west property line. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 13 of 18 U07-007/VC07-012 There is a 1,500 square foot shed/workshop that is located along the east property line that encroaches into the 75-foot buffer and 10-foot improvement setback. Staff has recommended deferral for 30 days for the requested Use Permit until another concurrent variance can be properly advertised. A 10-foot landscape strip along Francis Road is required per the Northwest Overlay District. City Arborist About a thirty foot undisturbed buffer remains at the eastern property line. Center of the site is cleared and being used for parking. Existing large trees are located at the western property line. Two specimen trees are located in this area: 29” Pine and 26” Pine PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • 35 feet per largest • 1 spaces per 35 sq. ft. of • Not indicated on site assembly area largest assembly area. plan • 2000 square feet (2,000) Total 57 spaces required spaces provided Staff notes that there appears to be sufficient room to provide 57 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. The applicant is requesting a concurrent variance to allow parking within the 100- foot setback adjacent to all property lines. There is an existing gravel parking area encroaching into this 100-foot setback for approximately 45 feet. It appears that there is adequate space for parking outside of the 100-foot setback. In addition there are single family residences directly to the west affected by the parking area. Therefore, Staff recommends DENIAL of Part 1 of VC07-012. Other parking located on the remainder of the site should be screened from view of any public street by: 1) a 15-foot wide landscape strip planted to buffer standards or 2) a berm planted with a continuous hedge or evergreen shrubs. It appears there is sufficient room to provide a 15-foot landscape strip along Francis Road. The Northwest Overlay District states that no on site parking shall be located to the front of a building and/or between a building and the public right-of-way. The applicant is requesting a concurrent variance to allow parking between Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 14 of 18 U07-007/VC07-012 Francis Road and the parking area to be utilized by the new training building. Since the parking is not visible from Francis Road and will be required to be located outside the 100-foot setback, Staff recommends that Part 3 of VC07-012 be APPROVED CONDITIONAL. PUBLIC INVOLVEMENT On October 24, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one adjacent property owner in attendance from the community. The applicant had hosted an information meeting on October 23, 2007 in which approximately 6 to 8 people attended. Public Comments – One resident in attendance expressed concerns regarding the additional training facility as they are next to the property to the west in Cobblestone Farms. City of Milton Design Review Board Meeting – November 6, 2007 The site plan was not reviewed by the DRB. Public Notice Requirements The use permit petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Francis Road. The notice of rezoning was sent, to adjacent property owners, on November 10, 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 is recommending Deferral for 30 days so that an additional concurrent variance can be filed and advertised. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 15 of 18 U07-007/VC07-012 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for an Agricultural Related Activities (Article 19.4.3.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) An agricultural related activity, at a maximum density of 1,540 square feet per acre zoned or a total gross floor area of 26,365 square feet, whichever less. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on October 2, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To allow existing structures and the new building to exceed the maximum 20-foot building setback from the edge of required landscape strip and/or easements as shown on the site plan. (VC07- 012, Part 2) b) To allow parking between the buildings and the right-of –way as shown on the site plan. (VC07-012, Part 3) 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) To allow existing curb cuts to remain. b) Reserve Right-of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 16 of 18 U07-007/VC07-012 Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. c) 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/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. d) Driveway entrances and roads shall meet the Public Works Department Policies and AASHTO guidelines. 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 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. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 17 of 18 U07-007/VC07-012 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation: Road name: Francis Road Classification: Arterial Comments: • City to verify sight distance from proposed entrance/exit at Hopewell Road for safety and if deemed necessary provide a third-party verification. Sight Distance would be certification by a Professional Engineer in a third-party orientation. Drainage: 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. City of Milton Fire Marshal: Comments: • The gravel drive will have to be able to meet or exceed the all weather road requirements of supporting the imposed load of fire apparatus weighing at least 75,000 lbs. Prepared by the Community Development Department for the Planning Commission Meeting on November 27, 2007 11/20/2007 Page 18 of 18 U07-007/VC07-012 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Administrative Permits and Use Permits 19.1. SCOPE AND INTENT. This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an Administrative Permit or a Use Permit. The standards which apply to each use are enumerated and must be met in order for an application to be granted. 19.2. APPLICATION AND APPROVAL Uses allowable with an ADMINISTRATIVE PERMIT and the minimum standards for such uses are listed in Section 19.3 of this Article. Uses allowable with a USE PERMIT and the minimum standards for such uses are listed in Section 19.4 of this Article. 19.2.1. APPLICATION OF REGULATIONS. Uses enumerated herein may be authorized by Administrative Permit or Use Permit, as specified. The regulations contained in this Article shall not apply to any Permitted Use in any zoning district. 19.2.2. ADMINISTRATIVE PERMITS. Any use authorized by Administrative Permit shall be approved and permitted by the Director of the Environment and Community Development Department whenever the proposed use complies fully with the requirements of the subject property’s zoning district and standards as set forth in Section 19.3. Each requested use for which an Administrative Permit is required shall be assigned an Administrative Permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the Board of Zoning Appeals. In certain cases, conditions are imposed by the Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met. 19.2.3. USE PERMITS. CITY OF MILTON ZONING ORDINANCE 19-1 RZ07-017 Text Amendment Any use authorized by Use Permit may be approved by the Board of CommissionersMayor and City Council in accordance with standards enumerated under each use (Section 19.2.4) provided: (Amended 11/03/93, 04/05/95, 04/03/02) A. The subject use is allowable in the subject property’s zoning district; B. The standards for the Use Permit as specified in Article 19 can be met, as well as Use Permit Considerations pursuant to Section 19.2.4 (Amended 04/05/95); C. A public hearing has been held in relation to the Use Permit before the Fulton County Community Zoning BoardCity of Milton Planning Commission and the Fulton County Board of CommissionersMayor and City Council in conformance with the notice standards outlined in Article XXVIII; D. Recommendations have been received from the Fulton County Environment andCity of Milton Community Development Department staff and the Fulton County Community Zoning BoardCity of Milton Planning Commission; and E. Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. 19.2.3.1. Applications. Use Permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a Use Permit is required shall be charged a standard Use Permit fee and assigned a Use Permit number which will be listed on the petition for rezoning. A public hearing, notice and evaluation shall be provided in accordance with Article XXVIII for each requested Use Permit. Each request shall be voted on separately, and each Use Permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the Board of CommissionersMayor and City Council meeting. 19.2.3.2. Expiration. All Use Permits shall expire within three (3) years from the date of approval by the Board of CommissionersMayor and City Council or as otherwise conditioned unless a Land Disturbance Permit, Building Permit, Business License or Certificate of Occupancy has been issued Requests for extensions shall be made in accordance with the standards for extensions contained in Article XXVIII. (Amended 6/5/91) 19.2.3.3. Re-application. The same or substantially similar petition for a Use Permit which has been denied by the Board of CommissionersMayor and City Council shall not be resubmitted to the the Environment and Community Development Department for a period of 6 months from the date of the denial. CITY OF MILTON ZONING ORDINANCE 19-2 RZ07-017 Text Amendment 19.2.3.4. Variances. Variances to Use Permit standards contained in Section 19.4 for receiving a Use Permit may be considered by the Board of CommissionersMayor and City Council concurrently with a Use Permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the Use Permit petition as a Concurrent Variance in accordance with Article XXII, APPEALS, Section 22.9. 19.2.3.5. Accessory Uses. Structures and land may be used for uses customarily incidental to any approved use. (Amended 04/03/02) 19.2.4. USE PERMIT CONSIDERATIONS. In the interest of the public health, safety and welfare, the Board of CommissionersMayor and City Council may exercise limited discretion in evaluating the site proposed for a use which requires a Use Permit. In exercising such discretion pertaining to the subject use, the Board of Commissioners Mayor and City Council shall consider each of the following: (Amended 12/04/91, 04/05/95, 02/07/96) (1) Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development Revitalization plans adopted by the Board of CommissionersMayor and City Council; (2) Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is proposed; (3) Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; (4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; (5) The location and number of off-street parking spaces; (6) The amount and location of openRESERVE space; (7) Protective screening; (8) Hours and manner of operation; CITY OF MILTON ZONING ORDINANCE 19-3 RZ07-017 Text Amendment (9) Outdoor lighting; and (10) Ingress and egress to the property. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. 19.2.5. ADDITIONAL RESTRICTIONS. Any use may be authorized by Administrative Permit or Use Permit shall comply with all other CountyCity regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a 10-foot improvement setback in accordance with Section 4.2.3. The reduction of said setback shall be subject to the approval of the Department of Environment and Community Development in accordance with Article 22. Whenever a standard contained in this section is in conflict with another provision of this ResolutionOrdinance, the more restrictive provision shall prevail. Unless otherwise specified, standards, conditions and stipulations attached to a Use Permit by the Board of CommissionersMayor and City Council shall supersede conflicting zoning conditions approved on the same site. CITY OF MILTON ZONING ORDINANCE 19-4 RZ07-017 Text Amendment ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Section 19.3 Administrative Permits 19.3. MINIMUM ADMINISTRATIVE PERMIT STANDARDS. 19.3.1. ALTERNATIVE ANTENNA SUPPORT STRUCTURE TO EXCEED THE Formatted: Strikethrough DISTRICT HEIGHT (Added 03/5/97, Amended 05/17/06) RESERVE (Alternative Antenna Support Structure to Exceed the District Height deleted) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. A. Required Districts: All B. Standards: 1. Alternative structures are not allowed as an accessory to a single family use or as a principal use in a single family district. 2. Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or AG-1 zoned property unless said structure is proposed to be located on an existing building. 3. Above ground equipment shelters shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards CITY OF MILTON ZONING ORDINANCE 19-5 RZ07-017 Text Amendment Formatted: Font: Bold Formatted: Strikethrough unless the Fulton County Arborist determines that existing plant materials are adequate. 4. Roof top antennas and associated structures shall not project more than 10 feet above roof line. 5. Height shall not exceed 130 feet measured from the finished grade of the base structure. 6. The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 7. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 8. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 9. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 10. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 11. A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. CITY OF MILTON ZONING ORDINANCE 19-6 RZ07-017 Text Amendment 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.1(1) AMATEUR RADIO ANTENNA TO EXCEED THE DISTRICT HEIGHT. (See Use Permit 19.4.5)(Added 07/07/93) INTENT. It is the intent of this Article to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements Fulton CountyCity's governmental interests in land planning, aesthetics and public safety by requiring the following standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a Use Permit (See 19.4.5) 3. All antennas shall be set back from all property lines 1/3 the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner’s primary dwelling or structure. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. CITY OF MILTON ZONING ORDINANCE 19-7 RZ07-017 Text Amendment 7. All guy wires must be anchored on site and outside of right-of-way. 19.3.1(2) ANTENNA, TOWER, AND ASSOCIATED STRUCTURES (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT (TITLE AMENDED 3/6/91, AMENDED 03/05/97, 05/17/06) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton CountyCity. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas implement Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Administrative Permit Standards: A. Required Districts: O-I, C-1, C-2, M-1A, M-1, M-2 (See Use Permit, Section 19.4.7, for use in residential and AG-1 districts.) B. Standards: 1. Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 3. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. 4. Height shall not exceed 200 feet measured from the finished grade of the base structure. 5. The tower shall comply with applicable state and local statutes and CITY OF MILTON ZONING ORDINANCE 19-8 RZ07-017 Text Amendment Formatted: Font: Italic 10 ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 6. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 7. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 8. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 9. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 11. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. CITY OF MILTON ZONING ORDINANCE 19-9 RZ07-017 Text Amendment 19.3.2. CLUB. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district and/or AG-1 district used for single family. 2. Permitted curb cut access shall not be from a local street. 3. Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m. 4. Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district and/or AG-1 district used for single family, except as otherwise permitted with an Administrative Permit for Recreational Court or Swimming Pool. 19.3.3. EVENT, SPECIAL INDOOR/OUTDOOR. (Amended 09/04/91, 07/07/93, 06/01/94, 04/05/95, 08/06/03, 04/05/06) As applicable, special events are subject to the requirements of other Fulton CountyCity Departments, such as Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. CITY OF MILTON ZONING ORDINANCE 19-10 RZ07-017 Text Amendment 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community DevelopmentDepartment for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The entire property shall comply with the zoning district’s setback requirements. 6. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. 7. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 8. Sales from vehicles are prohibited. 9. The entire property shall comply with Fulton CountyCity’s parking requirements. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. CITY OF MILTON ZONING ORDINANCE 19-11 RZ07-017 Text Amendment 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33., Section 33.4.12.A.10. 19.3.4. GOLF COURSE. A. Required Districts: All B. Standards: 1. A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district and/or AG-1 district used for single family. 2. Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads. 3. Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single family subdivision. 4. When located outside a golf course/subdivision development, a minimum 50-foot wide buffer and a 10-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family. 5. A minimum 25-foot buffer and a 10-foot improvement setback shall be provided adjoining any residential district and/or AG-1 district used for single family located outside the golf course development or any associated development. 6. When located adjacent to any residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.. 19.3.5. GUEST HOUSE. (Amended 11/1/89, 5/6/92, 2/7/96) CITY OF MILTON ZONING ORDINANCE 19-12 RZ07-017 Text Amendment A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when Accessory to a Single Family Dwelling B. Standards: 1. No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent. 2. A separate kitchen facility shall be allowed. 3. Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet. 4. Principal building setbacks shall apply. 5. The location shall be limited to the rear yard. 19.3.5(1) OPENRESERVE. (Kennels deleted, See 19.3.19 Veterinary Clinic or Hospital and 19.4.24 Outside Animal Facilities or Kennel) 19.3.6. MOBILE HOME - WHILE RESIDENCE IS BEING BUILT. A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX B. Standards: 1. The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property. 2. The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks. 3. The Administrative Permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. CITY OF MILTON ZONING ORDINANCE 19-13 RZ07-017 Text Amendment Only one renewal for a one year period may be issued. 4. The mobile home must be occupied by the owner of the principal residence under construction. 19.3.6(1) PARKING, OFF-SITE AND SHARED. Whenever parking as required in Article 18 cannot be accomplished, SHARED PARKING in accordance with Section 18.2.2 may be approved via an Administrative Permit provided: (Added 07/07/99, Moved from Use Permits, 19.4.32.1) A. Required Districts: O-I, C-1, C-2, MIX, M-1, M-1A and M-2 B. Standards: 1. If the off-site parking is committed for a specified period of time, the duration of the Administrative Permit shall be limited to the period of time stipulated therein. 2. No more than 20 percent of the total parking requirement may be provided off-site via this Administrative Permit. 3. The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the Environment and Community Development Department. 19.3.7. RAPID RAIL TRANSPORTATION STATION. (Added 5/6/92) A. Required Districts: All B. Refer to the MARTA REARRANGEMENT COOPERATIVE AGREEMENT administered by the Department of Public Works. 19.3.8. RECREATIONAL COURT, PRIVATE. (Amended 03/06/91, 04/07/93, 06/01/94, 04/05/95, 02/07/96, 03/03/04) A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 B. Standards: 1. Detached Dwellings. Recreational courts serving single family CITY OF MILTON ZONING ORDINANCE 19-14 RZ07-017 Text Amendment detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard. 2. Multi-family. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. 3. Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning. a. Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located. b. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-square foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot’s frontage until a Certificate of Occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses. 19.3.9. RECREATIONAL COURTS, PUBLIC. Recreational courts operated as a club (except those serving residential developments), or courts operated as a business are defined herein as public courts. (Amended 03/03/04). A. Required Districts: O-I, MIX, C-1, C-2, M-1, M-1A, M-2 B. Standards: CITY OF MILTON ZONING ORDINANCE 19-15 RZ07-017 Text Amendment 1. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply. 2. Landscape strips and buffer requirements shall be as specified by Section 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 P.M. 4. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 19.3.10. RELOCATED RESIDENTIAL STRUCTURE. (Added 7/7/99, Moved from 19.4.36, Amended 2/7/01) A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX B. Standards: 1. The applicant shall include the following with the application for the Administrative Permit: a. The address from which the structure is being relocated. b. A photograph of the structure prior to its relocation. c. The total heated floor area of both the existing structure and the renovated structure. 2. The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district and/or conditions of zoning. CITY OF MILTON ZONING ORDINANCE 19-16 RZ07-017 Text Amendment 3. The residential structure shall be affixed to a permanent foundation within 6 months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed. 4. All standards of this ResolutionOrdinance (except 2. above) and other applicable regulations shall be met within one year from the date of this permit issuance. 5. A House Moving Permit shall be obtained from the Environment and Community Development Department in conjunction with this Administrative Permit. 11.6. A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance. Formatted: Bullets and Numbering Formatted: Bullets and Numbering 13.7. The exterior of the structure shall be brought into compliance with the Fulton CountyCity Housing Code within six months of the issuance of this Administrative Permit. 8. Prior to occupancy, a Certificate of Occupancy must be obtained from the Department of Environment and Community Development. 19.3.10(1) REVIVAL TENT. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship. B. Standards: 1. A permit may be granted a maximum of fourteenof fourteen (14) days in a calendar year. 2. The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district and/or CITY OF MILTON ZONING ORDINANCE 19-17 RZ07-017 Text Amendment AG-1 district used for single family. 3. No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling. 4. Provide one parking space per four seats. 5. A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this Section. 6. The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m. 19.3.11. ROADSIDE PRODUCE STANDS. (Amended 05/06/92, 07/07/93, 04/06/94, 08/06/03, 04/05/06) A. Required Districts: C-1, C-2, M-1, M-2 and AG-1 B. Standards: 1. No more than four Administrative Permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days; however, 2 or more permits, not to exceed 4, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ CITY OF MILTON ZONING ORDINANCE 19-18 RZ07-017 Text Amendment hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 6. Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site. 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. CITY OF MILTON ZONING ORDINANCE 19-19 RZ07-017 Text Amendment 19.3.11(1) ROADSIDE VENDING. (Added 07/07/93) (Amended 04/06/94, 02/07/01, 08/06/03, 04/05/06) A. Required Districts: C-1, C-2, M-1 and M-2 B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 9 consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 6. Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required CITY OF MILTON ZONING ORDINANCE 19-20 RZ07-017 Text Amendment landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum required parking spaces for any other use on site. 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. 9. No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage advertising the vending operation is prohibited. 19.3.11(2) SEASONAL BUSINESS USE. (Amended 12/04/91, 5/6/92, 07/07/93, 04/06/94, 07/07/99, 03/03/04, 04/05/06) A. Required Districts: CUP (with a commercial component), MIX (with a commercial component), C-1, C-2, M-1A, M-1, and M-2. Allowable in AG­ 1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a non­ conforming use. B. Standards: 1. An Administrative Permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal CITY OF MILTON ZONING ORDINANCE 19-21 RZ07-017 Text Amendment business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Environment and Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Environment and Community Development. A 24­ hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 6. Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site. CITY OF MILTON ZONING ORDINANCE 19-22 RZ07-017 Text Amendment 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33, Section 33.4.12.B.19. 19.3.12. SWIMMING POOL, PRIVATE. (Amended 03/06/91, 05/06/92, 06/01/94, 02/07/96 07/07/99, 12/01/99, 03/03/04) A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 B. Standards: All swimming pools shall be completely surrounded by an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than 5 feet high with self-closing, positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply with the regulations administered by the Fulton County Health Department. 1. Detached Dwellings. Swimming pools shall be allowed in side and rear yards of single family dwellings in any district and may also be allowed at the back of the house on a double frontage single family CITY OF MILTON ZONING ORDINANCE 19-23 RZ07-017 Text Amendment residential lot as approved by the Department. Pools, pool equipment, and their decks must be a minimum of 10 feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. (Amended 04/05/06) 2. Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-square foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot’s frontage until a Certificate of Occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses. 3. Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. 19.3.13. SWIMMING POOL, PUBLIC. Pools operated as a club (except clubs serving residential developments) or pools operated as a business are defined herein as public pools. (Amended 11/03/93, 03/03/04) CITY OF MILTON ZONING ORDINANCE 19-24 RZ07-017 Text Amendment A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 B. Standards: 1. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided. 2. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. 4. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses. 19.3.14. TEMPORARY CLASSROOM. (Amended 11/03/93, 11/03/04) A. Required Districts: All B. Standards: 1. The structure must be constructed for use as a temporary classroom and certified as such by the Environment and Community Development Department. 2. The principal use must exist prior to the issuance of the permit. 3. The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other Use Permit conditions. 4. An Administrative Permit for a temporary classroom shall expire three (3) years from the date of approval at which time the structure shall be removed unless a new Administrative Permit is obtained CITY OF MILTON ZONING ORDINANCE 19-25 RZ07-017 Text Amendment within 30 days of the expiration date. (Amended 11/03/04) 5. The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. 6. Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this resolutionOrdinance. 19.3.15. TEMPORARY STRUCTURES. (Amended 07/07/93, 11/03/93, 11/03/04) A. Required Districts: All, except Emission Inspection Stations shall be permitted only in Non-residential Districts except AG-1. B. Standards: 1. Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the Environment and Community Development Department in any district. 2. Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s). 3. Temporary structures must be removed prior to the issuance of a Certificate of Occupancy or within 5 days of completion of the temporary event or activity for which the structure was approved. 4. Temporary structures used in conjunction with other permitted Administrative and Use Permits shall not be required to obtain a separate Administrative Permit. 5. An Administrative Permit for a temporary structure shall expire three (3) years from the date of approval at which time the structure shall be removed unless a new Administrative Permit is obtained within 30 days of the expiration date. (Added 11/03/04) CITY OF MILTON ZONING ORDINANCE 19-26 RZ07-017 Text Amendment 19.3.16. TEMPORARY USE OF EXISTING DWELLING WHILE RESIDENCE IS BEING BUILT. (Added, 3/6/91) A. Required Districts: All but M-1, M-1A, & M-2 B. Standards: 1. The building permit for the new principal structure shall be issued concurrently with this Administrative Permit. 2. The Administrative Permit shall expire 90 days after issuance of a certificate of occupancy for the new principal structure or one year after issuance of a building permit, whichever occurs first. 19.3.17. OPENRESERVE. 19.3.18. UTILITY SUBSTATIONS (TELEPHONE, ELECTRIC, OR GAS, ETC. (Amended 5/1/91, 11/03/93) A. Required Districts: All. B. Standards: 1. Utility substations measuring less than 35 square feet and less than 5 feet in height from finished grade are exempt from these regulations. 2. All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article section. 3. Minimum setback of all utility structures from a residential structure shall be: a. Electric -- 200 feet. b. Gas and Telephone -- the applicable minimum setback for the district in which located. CITY OF MILTON ZONING ORDINANCE 19-27 RZ07-017 Text Amendment 4. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required. 5. For electric substations provide a minimum 50-foot wide replanted or natural buffer adjacent to the property lines of any residential district and/or AG-1 district used for single family. 6. Interior to landscape strips or buffers that do not accomplish 100% visual screening as defined in the Tree Preservation Ordinance, provide an 8-foot high opaque fence or, masonry wall, a minimum 4­ foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the Environment and Community Development Department. 19.3.19. VETERINARY CLINIC/HOSPITAL OR KENNEL. (See 19.4.24 for Kennel or Outside Animal Facilities); Deleted as a permitted use in C-2, Permitted in AG-1 A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. CITY OF MILTON ZONING ORDINANCE 19-28 RZ07-017 Text Amendment ARTICLE XIX Section 19.4 Use Permits 19.4. MINIMUM USE PERMIT STANDARDS. 19.4.1. ADULT BOOK STORE. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT AND FINDINGS. It is the intent of this article to regulate the place of operation of Adult Book Stores as defined in this Ordinance. The City Council finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values, that adult book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas. The Council further finds, based upon a June, 1978, study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, that the presence of adult book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The Board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers. CITY OF MILTON ZONING ORDINANCE 19-29 RZ07-017 Text Amendment The Council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90-95% financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located. The Council further finds, based upon a March 3, 1986, study conducted by the Oklahoma City, Oklahoma, Community Development Department entitled Adult Entertainment Businesses in Oklahoma City - A Survey of Real Estate Appraisers, that an adult bookstore will have a negative effect on residential property market values if it is located closer than one block to residential uses. The Council further finds that this Section of the zoning resolutionOrdinance regarding regulation of adult book stores has been carefully considered by a workgroup of City staff drawn from the areas of law enforcement, land use, land planning, and law; by the Planning Commission at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed this Section, particularly with respect to its provisions relating to the effects of adult book stores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards. This Section is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the City Council finds that restricting adult book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses. It is not the intent of the City Council, in enacting this Section of the Zoning ResolutionOrdinance, to deny to any person rights to speech protected by the United States or Georgia Constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this Section of the Zoning ResolutionOrdinance, the City Council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such CITY OF MILTON ZONING ORDINANCE 19-30 RZ07-017 Text Amendment constitutionally protected materials; finally, in the enactment of this ordinance, the City Council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. A. Required Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. B. Standards: 1. All boundary lines of the property included within the use permit as filed must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. 2. The boundary line of the use permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult book store. 3. Submit with the application for a Use Permit, a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1500 feet of the boundary line of the subject property. 4. If the adult book store is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and determined by the Environment and Community Development Department to be in compliance with the terms of this resolutionOrdinance prior to any occupancy. 5. Permitted curb cut access shall be from a Major Thoroughfare. CITY OF MILTON ZONING ORDINANCE 19-31 RZ07-017 Text Amendment CITY OF MILTON ZONING ORDINANCE 19-32 RZ07-017 Text Amendment 6. No depiction of anatomical areas or sexual activities specified in the definition of “adult entertainment” shall be visible from outside the structure or on signage outside the structure. 7. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.1. C. Permit Issuance. : Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.1. D. Permit Applications. : Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. 19.4.1. E. Permit Processing. : The City shall have ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Department of Community Development and the Planning Commission shall make recommendations to the City Council regarding the approval or denial of the use permit and the Council shall make the final decision after a public hearing regarding the same. In the event the City Council has not granted or denied the application within ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City to complete the investigation), the use permit shall automatically issue. 19.4.1. F. Denial of Use Permit. : In the event an application for a use permit is denied by the City Council, the applicant shall be notified in writing of such denial within 10 business days by U.S. Mail. A decision by the City Council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be CITY OF MILTON ZONING ORDINANCE 19-33 RZ07-017 Text Amendment pursued by application for Writ of Certiorari filed with the Superior Court of Fulton County in accordance with applicable statute. . This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. 19.4.1. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. 19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT. It is the intent of this Section to regulate the place and manner of the operation of businesses or facilities that offer Adult Entertainment as defined in this Ordinance. It is well established and has been the experience of other communities in Georgia and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. This Section advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. The Section is narrowly constructed to protect the First Amendment rights of citizens of the City of Milton while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. Areas and uses which are to be protected from adult entertainment include but are not limited to residential, churches, day care centers, libraries, recreational facilities, and schools. A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts . B. Standards: 1. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A­ L, AG-1 zoned property or property conditioned or used for residential purposes. CITY OF MILTON ZONING ORDINANCE 19-34 RZ07-017 Text Amendment b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. 2. The boundary line of the Use Permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult bookstore. 3. Submit with the application for a Use Permit, a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1500 feet of the boundary line of the subject property. 4. No final Land Disturbance Permit, Building Permit, Certificate of Occupancy, or Building Permit Review Certificate may by issued until the approved City Adult Entertainment Business License is filed with the Director of the Community Development Department. 5. If the adult entertainment business is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and approved in the Community Development Department prior to any occupancy. 6. Building shall be located a minimum of 50 feet from all property lines. 7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space shall be provided. 8. Permitted curb cut access shall be directly from a Major Thoroughfare. 9. On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in Article and Subsection 3.3.1. 10. No adult entertainment shall be visible from outside the structure. 11. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.2. C. Permit Issuance. : CITY OF MILTON ZONING ORDINANCE 19-35 RZ07-017 Text Amendment Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.2. D. Permit Applications. : Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. 19.4.2. E. Permit Processing. : The City shall have ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Community Development Department and the Planning Commission shall make recommendations to the City Council regarding the approval or denial of the use permit and the Council shall make the final decision after a public hearing regarding the same. In the event the City Council has not granted or denied the application within ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City to complete the investigation), the use permit shall automatically issue. 19.4.2. F. Denial of Use Permit. : In the event an application for a use permit is denied by the City Council, the applicant shall be notified in writing of such denial within 10 business days by U.S. Mail. A decision by the City Council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for Writ of Certiorari filed with the Superior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. 19.4.2. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. CITY OF MILTON ZONING ORDINANCE 19-36 RZ07-017 Text Amendment 19.4.3. AGRICULTURAL-RELATED ACTIVITIES. (Added 07/07/99) INTENT. It is the intent of this Article to allow certain agricultural-related activities with a Use Permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing. A. Required District: AG-1 B. Standards: 1. Minimum lot size shall be 5 acres. 2. Permitted curb cut access shall not be from a local street. 3. Food services may be provided. 4. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. 5. All structures housing animals shall be set back a minimum of 100­ feet from all property lines. 6. All parking and access areas must be of an all weather surface per Article 18, Festivals, Outdoor. 7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 8. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. 9. If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 10. Sanitary facilities or trash receptacles shall be located a minimum of CITY OF MILTON ZONING ORDINANCE 19-37 RZ07-017 Text Amendment 100 feet from a property line of any residential district and/or AG-1 district used for single family. 19.4.4. AIRCRAFT LANDING AREA. (Amended 3/6/91) A. Required Districts: All B. Standards: 1. For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line. 2. For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district and/or AG-1 district used for single family. 3. Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. 4. If located within or adjacent to a residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.. 5. A Use Permit for an Aircraft Landing Area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory F.A.A. airspace analysis with the Director of the Environment and Community Development Department. 6. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.5. AMATEUR RADIO ANTENNA TO EXCEED THE ADMINISTRATIVE PERMIT HEIGHT. See also Administrative Permit 19.3.1(1). (Added 07/07/93) INTENT. It is the intent of this Article to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. CITY OF MILTON ZONING ORDINANCE 19-38 RZ07-017 Text Amendment The following regulations on design, location, placement, and height limits of antennas in residential districts implements the Fulton CountyCity's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height. 3. All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. 7. All guy wires must be anchored on site and outside of right-of-way. 19.4.6. AMPHITHEATERS. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Lot area shall be a minimum of 10 acres. 2. The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/ or AG-1 districts used for CITY OF MILTON ZONING ORDINANCE 19-39 RZ07-017 Text Amendment single family. 3. Permitted curb cut access shall be only from an arterial street. 4. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts when used for single family. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential districts zoning or development. 6. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts used for single family. 7. Eight (8) foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family. 8. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG-1 districts used for single family. 19.4.7. ANTENNA TOWER, AND ASSOCIATED STRUCTURE (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT. (Titled Changed 3/6/91, Amended 3/5/97, 05/17/06) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements Fulton County's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: CITY OF MILTON ZONING ORDINANCE 19-40 RZ07-017 Text Amendment A. Required Districts: Residential districts, MIX and AG-1 (See same heading in Section 19.3., for other non-residential districts.) B. Standards: 1. Towers must be set back a distance equal to one and one-half (1½) times the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Height shall not exceed 200 feet from existing grade. 3. Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 4. A minimum 10-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the Fulton CountyCity Arborist determines that existing plant materials are adequate. 5. Antennas or towers shall not have lights unless required by federal or state law. 6. Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures. 7. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 8. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 9. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. CITY OF MILTON ZONING ORDINANCE 19-41 RZ07-017 Text Amendment 10. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 11. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 12. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the countyCity in writing of any intent to abandon the use of the tower. 13. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping. 14 An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 15. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 16. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.4.8. BED AND BREAKFAST. (Added 06/01/94) A. Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential) B. Standards: 1. A minimum of 2 guest rooms and a maximum of 5 guest rooms are permitted. CITY OF MILTON ZONING ORDINANCE 19-42 RZ07-017 Text Amendment 2. No parking in the minimum front yard. 3. The bed & breakfast shall be owner occupied. 4. Permitted curb cut access shall not be from a local street. 5. The minimum landscape and buffer areas hall be required as specified in Section 4.23 for AG-1 Agricultural District. 6. Parking requirements shall be the same as hotel/motel as specified in Article 18. 7. Identification or advertising signs shall be limited to 4 square feet in surface area and 4 feet in height. 19.4.9. CEMETERY AND/OR MAUSOLEUM. (Human or Pet) A. Required Districts: All B. Standards: 1. Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship. 2. No building shall be located within 50 feet of a residential district and/or AG-1 district used for single family. 3. All structures, including graves, shall be inside meet the minimum yard setbacks or 10 feet, whichever is greater. 4. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 19.4.10. CHURCH, TEMPLE OR PLACE OF WORSHIP. (Amended 3/6/91, 4/7/93, 04/03/02) A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, TR, NUP, A, A-L, and AG-1. B. Standards: CITY OF MILTON ZONING ORDINANCE 19-43 RZ07-017 Text Amendment 1. All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district and/or AG-1 district used for single family. 2. No parking shall be located within the minimum front yard setback. 3. Any associated day care centers, private schools, recreational fields or other uses requiring a Use Permit or Administrative Permit shall be allowed only under a separate approved Use Permit or Administrative Permit for each use. 4. The minimum buffers and landscape strips required for the O-I zoning district as specified in Section 4.23 shall be required. 19.4.11. COMMERCIAL AMUSEMENT, OUTDOOR including but not limited to amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also 19.4.17 DRIVING RANGES) (Name Change, 03/07/90) A. Required Districts: C-2, M1-A, M-1 and M-2 B. Standards: 1. Permitted curb cut access shall be derived only from arterial streets. 2. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential zoning or development districts. 4. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 5. Eight (8) foot high fencing shall be provided adjacent to any residential district and/or AG-1 district when used for single family and interior to any required landscape strips or buffers. CITY OF MILTON ZONING ORDINANCE 19-44 RZ07-017 Text Amendment 6. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 when used for single family. 7. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. 8. The height limits of the zoning district shall apply to all recreational structures unless a Use Permit to Exceed the Height is granted (See 19.4.21). 19.4.12. COMPOSTING. (Added 11/03/93) A. Required Districts: AG-1 B. Standards: 1. Lot area shall be a minimum of five acres. 2. Permitted curb cut access shall be derived from an arterial or major collector. 3. The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m.. 4. All operations shall maintain a minimum setback of 100 feet from all property lines. 5. The minimum buffers required are as specified for the M-1 District. (See Section 4.23) 6. On-site traffic shall be limited to an all-weather surfaced area. 7. Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway. 8. The composting facility shall obtain all necessary permits from the Department of Natural Resources, Environmental Protection Division. CITY OF MILTON ZONING ORDINANCE 19-45 RZ07-017 Text Amendment 9. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 10. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.13. CONVALESCENT CENTER/ NURSING HOME/ HOSPICE. (Added as a permitted use in O-I, MIX, A, A-L, C-1 and C-2 ) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall be from an arterial or a major collector. 3. Provide the minimum landscape strips and buffers as required for the O-I zoning district as specified in Section 4.23. 4. Provide a 50-foot building setback from all single family districts or AG-1 districts used for single family. 5. No parking allowed within the minimum front yard setback. 6. Rooms or suites of rooms may be designed with separate kitchen facilities. 7. Facility shall comply with applicable local, state, and federal regulations. 8. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.14. COUNTRY INN. A. Required Districts: AG-1 CITY OF MILTON ZONING ORDINANCE 19-46 RZ07-017 Text Amendment B. Standards: 1. Lot area shall be a minimum of 5 acres. 2. A minimum of 6 guest rooms and a maximum of 30 rooms are permitted. (See Article 19.4.8, Bed and Breakfast, for less than 6 guest rooms). 3. The Country Inn shall be owner occupied. 4. Permitted curb cut access shall be from a minor collector or higher road classification. 5. The establishment may provide meal services to guests. 6. Parking shall not be permitted within the minimum front yard setback. 7. The minimum landscape strip and buffer requirements for the O-I District as specified in Section 4.23 shall be required. 8. Identification or advertising signs shall be limited to one (1) sign of not more than 9 square feet and no more than 4 feet in height. 9. Parking requirements shall be the same as hotel/motel as specified in Article 18. 19.4.15. DAY CARE FACILITY. (Amended 04/03/02, 03/03/04) (Allowed as a permitted use in CUP, O-I, MIX, C-1 & C-2 Districts) A. Required Districts: R-6, TR, A, and A-L. May be allowed in single family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. B. Standards: 1. Facility shall be for 7 or more persons, excluding staff. 2. Provide minimum landscape strips, buffers and improvement setbacks as specified for the O-I district in Section 4.23.1. CITY OF MILTON ZONING ORDINANCE 19-47 RZ07-017 Text Amendment 3. Provide a minimum 6 foot high opaque fence interior to any required landscape strips and/or buffers around the periphery of the yard used for the play area. 4. Play areas shall be located within the rear or side yards. 5. The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m. 6. No parking allowed in the minimum front yard setback. 7. Driveway design shall permit vehicles to exit the property in a forward direction. 8. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.16. OPENRESERVE. 19.4.17. DRIVING RANGE. (not associated with a golf course) A. Required Districts: AG-1, O-I, MIX, C-1, C-2, and M-1A B. Standards: 1. Lot area shall be a minimum of 10 acres. 2. Permitted curb cut access shall be from a major collector or arterial. 3. Loudspeakers/paging systems are prohibited adjacent to residential districts and/or AG-1 districts used for single family. 4. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 districts used for single family. 19.4.17(1) OPENRESERVE. 19.4.18. EQUINE GARMENT FABRICATION. A. Required Districts: AG-1 CITY OF MILTON ZONING ORDINANCE 19-48 RZ07-017 Text Amendment B. Standards: 1. Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. 2. All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building. 19.4.19. FESTIVALS OR EVENTS, OUTDOOR/INDOOR including but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (Name Changed 03/07/90, Amended 07/07/93, 06/01/94). See FESTIVALS OR EVENTS, OCCASIONAL if not covered herein. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Permitted curb cut access shall be from local streets. 2. Eight (8) foot high 100% opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 4. Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single family. 5. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts and/or AG-1 districts used for single family purposes. (Added 7/5/89) 6. The festival or event shall be limited to a three-year period from the date of the Board of CommissionersMayor and City Council approval not to exceed a total of 180 consecutive days in a calendar year. 19.4.20. GROUP RESIDENCE. (Amended 04/03/02) (Allowed as a permitted use in A, A-L, O-I, MIX, C-1 & C-2 Districts) CITY OF MILTON ZONING ORDINANCE 19-49 RZ07-017 Text Amendment A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall not be allowed from a local street. 3. The minimum landscape strips and buffers required for the O-I district as specified in Section 4.23 shall be provided. 4. Parking shall not be permitted within the minimum front yard. 5. Facility shall comply with applicable local, state, and federal regulations and provide Department of Environment and Community Development with the applicable permit prior to the issuance of a certificate of occupancy. 6. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 04/05/06) 19.4.20(1) GROUP RESIDENCE FOR CHILDREN (5 to 8 CHILDREN). (Added 11/03/04, Required Districts Amended 04/05/06) A. Required Districts: AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R­ 5A, SUB-A, SUB-B, SUB-C, NUP, CUP B. Standards: 1. Facility shall be for no more than 8 children. 2. Parking shall comply with the requirements of Article18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 4. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 04/05/06) CITY OF MILTON ZONING ORDINANCE 19-50 RZ07-017 Text Amendment 19.4.20(2) GROUP RESIDENCE FOR CHILDREN (9 to 15 CHILDREN). (Added 11/03/04) A. Required Districts: R-6 and TR B. Standards: 1. Facility shall be for no more than 15 children. 2. Parking shall comply with the requirements of Article 18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Environment andof Community Development prior to the issuance of a certificate of occupancy. 4. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. (Added 04/05/06) 19.4.21. HEIGHT -- TO EXCEED DISTRICT MAXIMUM. (Amended 12/6/89) A. Required Districts: O-I, A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2 B. Standards: 1. Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities. 2. Sources of exterior illumination shall not be visible from adjoining residences. 19.4.22. OPENRESERVE. 19.4.23. OPENRESERVE. 19.4.24. KENNEL OR OUTSIDE ANIMAL FACILITIES. A. Required Districts: C-2, M-1, and M-2 (See Article 19.3.19 for enclosed kennels) B. Standards: CITY OF MILTON ZONING ORDINANCE 19-51 RZ07-017 Text Amendment 1. Minimum one-acre lot size is required. 2. Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single family district and/or AG-1 district used for single family. 19.4.25. LANDFILL, INERT WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. 4. The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and Community Development Department a current copy of all applicable CITY OF MILTON ZONING ORDINANCE 19-52 RZ07-017 Text Amendment permits from the Georgia Department of Natural Resources upon application for a Land Disturbance Permit. 10. Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 12. No portion of a new or expanded landfill shall be located within a one (1) mile radius of the property lines of residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06) 13. The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) 19.4.26. LANDFILL, SOLID WASTE DISPOSAL. (Amended 11/1/89, 11/03/93, 04/05/06) A. Required Districts: M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. 4. The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts. CITY OF MILTON ZONING ORDINANCE 19-53 RZ07-017 Text Amendment 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 9. The owner shall provide the Director of the Environment and Community Development Department a current copy of all applicable permits from the Georgia Department of Natural Resource upon application for a Land Disturbance Permit. 10. Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. 12. No portion of a new or expanded landfill shall be located within a one (1) mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06) 13. The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). (Added 04/05/06) 19.4.27. LANDSCAPING BUSINESS, PLANT NURSERY, OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT. (Added 04/03/02) A. Required Districts: AG-1 (Agricultural) CITY OF MILTON ZONING ORDINANCE 19-54 RZ07-017 Text Amendment B. Standards: 1. No access shall be allowed from local streets. 2. No parking is permitted in the minimum front yard. 3. All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. 4. Limit hours of operation from 6:00 a.m. to 8 p.m. 5. The minimum buffers and landscape strips required for the O-I (Office-Institutional) zoning district as specified in Section 4.23. shall be required. 6. Structure(s) for retail sales shall be limited to 1,000 total gross square feet. 19.4.28. LODGE, RETREAT AND/OR CAMPGROUND facilities to include lodging and food service for social, educational and/or recreational purposes. (Added 8/1/90, Amended 2/7/96) A. Required Districts: AG-1, M-1A, M-1 and M-2 B. Standards: 1. Minimum lot size shall be 10 acres. 2. Permitted curb cut access shall not be derived from a local street. 3. A minimum 100-foot wide buffer and 10 foot improvement setback are required adjacent to residential districts, AG-1 districts used for single family and adjoining a public street. 4. A minimum 50-foot wide buffer and 10 foot improvement district are required adjacent to all other non-residential districts. 5. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. 6. Sanitary facilities or trash receptacles shall be located a minimum of CITY OF MILTON ZONING ORDINANCE 19-55 RZ07-017 Text Amendment 200 feet from any residential district and/or AG-1 district when used for single family. 7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 8. Recreational facilities associated with the use shall be for staff and guests only. 9. One parking space per lodging unit or five (5) per 1000 square feet of floor area, whichever is greater. 19.4.28(1) MEDICAL RELATED LODGING. (Added 12/4/91) (Allowed as a permitted use in A and A-L) A. Required Districts: R-6 and TR B. Standards: 1. Total number of bedrooms or units shall not exceed 20, including staff facilities. 2. Rooms or suites of rooms may be designed with separate kitchen facilities. 3. Lodging Facility shall be located within one mile of a hospital or inpatient clinic. 4. Facilities locating in a TR District must have frontage on streets with classifications higher than local streets. 5. If located adjacent to a single family district and/or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 6. Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback. CITY OF MILTON ZONING ORDINANCE 19-56 RZ07-017 Text Amendment 7. Signs shall not exceed 4 square feet in area and 4 feet in height. 19.4.29. OPENRESERVE. 19.4.30. OPENRESERVE. 19.4.31. MOBILE HOME - ACCESSORY DWELLING. A. Required Districts: AG-1 B. Standards: 1. The mobile home shall be limited to a three-year period from the date of the Board of CommissionersMayor and City Council’s approval, after which the mobile home shall be removed unless an additional Use Permit has been granted. (Amended 3/4/92) 2. The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings. 3. The mobile home shall be for the exclusive use of and occupancy by a member of the family or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter­ -in-law, son-in-law, child, ward or guardian. 19.4.32. QUARRIES AND/OR SURFACE MINING SITES. (Added 04/05/06) A. Required Districts: AG-1, M-2 B. Standards: 1. No portion of a new or expanded quarry shall be located within a 1.5 mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an existing site or location. 2. No portion of a new or expanded surface mining site shall be located within a 500 foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or CITY OF MILTON ZONING ORDINANCE 19-57 RZ07-017 Text Amendment location. 3. All activities of a quarry and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507. 19.4.33. PERSONAL CARE HOME/ASSISTED LIVING. (Allowed as a permitted use in O-I, A, A-L, MIX, C-1 and C-2) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use. 3. Provide a 50-foot building setback from single family districts and/or AG-1 districts when used for single family. 4. No parking allowed in the minimum front yard setback. 5. The minimum parking spaces provided shall be in conformance with health care facilities per Article 18.2.1. 6. Provide landscape strips and buffers as required in the O-I district as specified in Article 4.23. 7. Rooms or suites of rooms may be designed with separate kitchen facilities. 8. Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) CITY OF MILTON ZONING ORDINANCE 19-58 RZ07-017 Text Amendment 19.4.34. PRIVATE CORRECTIONAL FACILITY/PRISON. (Added 07/07/99) A. Required Districts: M-1, M-2 B. Standards: 1. Minimum lot size: 100 acres 2. All boundary lines of the property included within the Use Permit must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities when minors are the primary patrons. 3. All boundary lines of the property included within the Use Permit must be located at least 10 miles from all property lines of any other correctional facility. 4. Submit, with the application for a Use Permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in B.2.a. and b. are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within 10 miles of the boundary line of the subject property, they must be identified by map as part of the Use Permit application . 5. A minimum 200-foot wide buffer and 10-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes. 6. A minimum 100-foot wide buffer and 10-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2. CITY OF MILTON ZONING ORDINANCE 19-59 RZ07-017 Text Amendment 7. Permitted curb cut access shall be from a major thoroughfare. 8. Parking spaces shall be in accordance with Article 18, Hospitals. 9. Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks. 10. Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this Zoning ResolutionOrdinance. The more restrictive standards shall apply. 11. Facility shall comply with all applicable local, state, and federal regulations and applicable permits shall be provided to the Environment and Community Development Department prior to the issuance of a certificate of occupancy. 19.4.35. RACE TRACK. A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. A minimum of 10 acres is required. 2. The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts and/or AG-1 districts used for single family, and 2,000 feet from such districts for vehicular tracks. 3. Permitted curb cut access shall not be from a local street. 4. A minimum 75-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to all other property lines. 6. Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips. CITY OF MILTON ZONING ORDINANCE 19-60 RZ07-017 Text Amendment 7. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 8. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 9. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.36. RECREATIONAL FIELDS including but not limited to soccer, softball, baseball, polo, football, cricket, etc. A. Required Districts: All B. Standards: 1. Permitted curb cut access shall not be from a local street. 2. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or AG-1 districts used for single family. 19.4.37. RECYCLING CENTER, PROCESSING. (Added 12/4/91, Amended 04/03/02) A. Required Districts: C-2 and M-1A B. Standards: 1. Limit hours of operation from 7:00 a.m. to 8 p.m., Monday through Saturday. 2. No portion of a new recycling facility shall be located within a three CITY OF MILTON ZONING ORDINANCE 19-61 RZ07-017 Text Amendment mile radius of the property lines of an existing recycling facility. 3. A minimum 200 foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 4. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 5. All recyclable materials shall be stored in containers with no stockpiling outside the containers. 6. Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high, solid wall or fence, including access gates. 7. The processing of recyclable materials must be done within an enclosed building. 8. Driveways shall be designed so vehicles will exit the facility in a forward direction. 9. A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 10. The recycling center shall comply with regulations administered by the Fulton County Department of Health. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.38. OPENRESERVE. 19.4.39. SALVAGE, STORAGE, AND/OR JUNK FACILITY. (Amended 11/03/93, 04/03/02) A. Required Districts: M-1 and M-2 B. Standards: 1. No portion of a new salvage, storage, and/or junk facility shall be CITY OF MILTON ZONING ORDINANCE 19-62 RZ07-017 Text Amendment located within a three mile radius of the property lines of an existing salvage, storage, and/or junk facility. 2. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 4. All facilities shall be screened from view from adjacent properties and roadways with a minimum 6-foot high, solid fence or wall, as approved by the Environment and Community Development Department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. (Amended 3/4/92) 5. Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. 6. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. (Amended 04/03/02) 19.4.40. SCHOOL, PRIVATE OR SPECIAL. A. Required Districts: All B. Standards: 1. Minimum lot area shall be 1 acre. 2. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in Section 4.23 shall be required. (Amended 04/07/93) 3. Buildings, and refuse areas shall not be located within 100 feet of a residential district and/or AG-1 district used for single family. 4. Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate Use Permit. CITY OF MILTON ZONING ORDINANCE 19-63 RZ07-017 Text Amendment 5. Day care facilities in association with the school do not require a separate Use Permit. 6. Parking areas shall not be located within 50 feet of any residential district and/or AG-1 district used for single family. 7. Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. 8. Permitted curb cut access shall not be from a local street. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. (Added 04/03/02) 19.4.41. SELF STORAGE/MINI. A. Required Districts: C-1 and C-2 B. Standards: 1. At least 75% of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than 10 feet high. 2. No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference. 3. An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the Use Permit. 4. Provide a minimum six-foot high, 100% opaque solid wooden fence or masonry wall along the entire length (except for approved access CITY OF MILTON ZONING ORDINANCE 19-64 RZ07-017 Text Amendment crossings) of all property lines. Said fence/wall shall to be located outside of any public right-of-way and interior to any required landscape strips or buffers. 5. A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). (Added 03/03/04) 19.4.41(1) SELF STORAGE/MULTI. A. Required Districts: MIX, C-1, and C-2 B. Standards: 1. No outside storage shall be allowed, including vehicle leasing. 2. All buildings shall have windows or architectural treatments that appear as windows. 3. No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference. 4. Permitted curb cut access shall not be from a local street. 5. A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). (Added 03/03/04) 19.4.41(2) SENIOR HOUSING. (Added 04/05/06) A. Required Districts: A Use Permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. B. Standards: In circumstances where conflict exists between overlay guidelines and this ordinance or resolution: (1) Overlay guidelines will generally supersede general ordinance and/or resolutions; (2) If the issue is CITY OF MILTON ZONING ORDINANCE 19-65 RZ07-017 Text Amendment specifically excluded in the Overlay, the ordinance and/or resolution will apply; (3) If the issue is addressed in both documents, the more restrictive will apply. 1. Building height shall be in accordance with the underlying zoning. 2. Dwelling units for seniors shall be exempted from any part of this ordinance which restricts density. 3. No more than 15 dwelling units per acre shall be allowed in a single family development. No more than 20 dwelling units per acre shall be allowed in a multi-family development. 4. No dwelling unit shall contain more than two (2) bedrooms. 5. Multi-family dwelling units shall have a minimum of six hundred (600) square feet of gross floor area. Single family dwelling units shall have a minimum of eight hundred (800) square feet of gross floor area. 6. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single family residential districts and/or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard. 7. Parking spaces shall be calculated as one and four tenths (1.4) spaces per dwelling unit. 8. No parking shall be allowed in the minimum front yard setback. 9. Senior facilities must be served by public water and sewer. 10. Landscape strips and buffers shall be provided as specified in the O-I district in Article 4.23. 11. The property shall be deed restricted to senior housing except as provided for by Fair Housing laws. 12. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the Department of Environment and Community Development prior to the issuance of a certificate of occupancy. CITY OF MILTON ZONING ORDINANCE 19-66 RZ07-017 Text Amendment 13. Projects are encouraged to incorporate Easy Living and applicable accessibility standards.(as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia). 14. Housing shall have at least 80% of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the Director of Environment and Community Development. 15. All units shall be owner-occupied. 19.4.42. SKYWALKS. (Amended 11/03/93) A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided. 2. Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided. 3. Prior to issuance of a building permit, a Bridge Agreement shall be filed with the Environment and Community Development Department as a condition of approval. The Environment and Community Development Department shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the Environment and Community Development Department except upon written approval of the Department of Public Works. 19.4.42(1) STADIUM (OFFSITE) ASSOCIATED WITH A PRIVATE SCHOOL. (Added 09/01/04) CITY OF MILTON ZONING ORDINANCE 19-67 RZ07-017 Text Amendment A. Required Districts: All B. Standards: 1. Vehicular access is prohibited from a local street. 2. A minimum 200-foot buffer and 10-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties. 3. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties. 4. A 100-foot setback along any public right-of-way is required for all structures and activities. 5. The height limit of the zoning district shall apply to all structures unless a Use Permit to Exceed District Maximum Height is approved. 19.4.43. TRANSFER STATION, SOLID WASTE. (Added 10/02/02, Amended 04/05/06) A. Required District: M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new transfer station shall be located within a three mile radius of the property lines of an existing transfer station. 4. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 6. A minimum 6-foot high solid fence or wall shall be located on CITY OF MILTON ZONING ORDINANCE 19-68 RZ07-017 Text Amendment property lines or interior to the required buffers and improvement setbacks. 7. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 8. The owner shall provide the Director of the Environment andthe Community Development Department a current copy of all applicable permits from the State of Georgia upon application for a Land Disturbance Permit. 9. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. 10. No portion of a new or expanded solid waste transfer station shall be located within a one (1) mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. (Added 04/05/06) 11. Transfer stations shall be sited and operated in accordance with State Regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530­ R-02-002, June 2002). (Added 04/05/06) 19.4.44. OPENRESERVE. CITY OF MILTON ZONING ORDINANCE 19-69 RZ07-017 Text Amendment RZ07-021 ARTICLE XVII Wireless Telecommunications Facilities Section 1: Purpose and Intent. The purpose of this Article is to establish guidelines for the siting of all wireless communications towers and antennas which will encourage the development of wireless communications while protecting the health, safety, and welfare of the public and maintaining the aesthetic integrity of the community. The goals of this article are: (a) To protect residential areas and land uses from potential adverse impact of telecommunications towers, antenna support structures and wireless communications facilities; (b) To minimize the total number of towers and antennas within the community necessary to provide adequate personal wireless services to residents of Milton; (c) To locate telecommunications towers and antennas in areas where adverse impacts on the community are minimized; (d) To encourage the design and construction of towers and antennas to minimize adverse visual impacts; (e) To avoid potential damage to property caused by wireless communications facilities by insuring that such structures are soundly and carefully designed, constructed, modified, maintained, and removed when no longer used or when determined to be structurally unsound; (f) To preserve those areas of significant scenic or historic merit; (g) To facilitate implementation of a master siting Plan for the City of Milton; (h) To promote and encourage the joint use of new and existing tower sites among service providers; (i) To enhance the ability of the providers of wireless communications services to deliver such services to the community effectively and efficiently. (j) To supersede article 19.4.7 of the City of Milton Zoning Ordinance. Page 1 of 20 Section 2: Severability If any word, phrase, sentence, part, section, subsection, or other portion of this Article or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed Application thereof, shall be severable, and the remaining provisions of this Article, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. Section 3: Definitions For the purposes of this Article, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory, and not merely directory. As used in this Article, the following terms shall have the meanings ascribed below: Abandonment - The intent to abandon or discontinue operations as evidenced by voluntary conduct or failure to use a wireless telecommunications facility for a period of six months or more. Accessory Facility or Structure -Means an accessory facility or structure serving or being used in conjunction with the wireless telecommunications facilities, and located on the same property or lot as the wireless telecommunications facilities, including but not limited to: utility or transmission equipment storage equipment storage sheds or cabinets. Accessory Use – A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structure. Alternative tower structure - Means man-made trees, clock towers, bell steeples, light poles and similar alternative-design structures, that in the opinion of the City Council, are compatible with the natural setting and surrounding structures, and effectively camouflage or conceal the presence of antennas or towers. Antenna - Means a system of electrical conductors that transmit and/or receive electromagnetic waves or radio frequency or other wireless signals. Such shall include, but not be limited to radio, television, cellular, paging, Personal Communications Services (PCS), microwave telecommunications and services not licensed by the FCC, but not expressly exempt from the City’s siting, building and permitting authority. 2 Antenna Array -means a single set or group of antennas and their associated mounting hardware, transmission lines or other appurtenances which share a common attachment device such as a mounting frame or mounting support. Applicant -means a person or entity submitting an application for a special use permit for a wireless telecommunications facility, including the property owner, antenna support structure owner, and any proposed tenants for the facility. Attached Wireless Telecommunications Facility -means an antenna or antenna array that is secured to an existing building or structure (except an antenna support structure) with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure. An attached wireless telecommunications facility is considered to be an accessory use to the existing principal use on a site. Co-location -means a situation in which two or more wireless personal service providers place a wireless telecommunications antenna or antennas and feed lines on a common antenna support structure or other structure on which there is an existing antenna array. Concealed - means a wireless telecommunications facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure, to include antennas, ancillary structures, and utilities. Directional antenna - means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Effective radio power (ERP) - The product of the antenna power input and the numerically equal antenna power gain. FAA - means the Federal Aviation Administration. FCC - means the Federal Communications Commission. Guy tower - means a tower supported, in whole or in part, by guy wires and ground anchors. Height - See Structure Height Historic or Scenic Views -means geographic areas in Milton which have been formally designated as part of any Historic District; have been included in any nature preserve or scenic preservation efforts; or have sufficient historic or scenic merit as determined by the City Council and the Historic Preservation Commission so as to require preservation. A scenic view may vary from a stationary viewpoint or be seen as one travels along a roadway or path, and as having historic and/or architectural significance through an ordinance, guideline, map, listing or designation by a local, state or federal government. 3 Lattice tower - means a guyed or self-supporting, open frame structure that has three or four sides used to support telecommunications equipment. Low power mobile radio service telecommunications facility - means an unmanned facility which consists of equipment for the reception, switching and transmission of low power mobile radio service communications. Such facilities may be elevated, either building-mounted or ground mounted; transmitting and receiving antennas; low power mobile radio service base equipment; or interconnection equipment. The facility types include: roof and/or building mounted facilities, freestanding low power mobile radio service facilities, and micro-cell or repeater facilities. Low power telecommunications facility - means an unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP), including but limited to the following: a. Point-to-point microwave signals. b. Signals through FM radio transmitters. c. Signals through FM radio boosters under 10 watts ERP. d. Cellular, Enhanced Specialized Mobile Radio (ESMR), paging services and Personal Communications Networks (PCN). e. Private, low power mobile radio services which include industrial, land transportation, emergency public safety and government, automatic vehicle monitoring, personal mobile (CB’s) and HAM operators. Low power telecommunications facility accessory building - means an unmanned building used to house equipment related to a communications facility. Low power commercial radio mobile network - means a system of low power commercial telecommunications facilities which allows wireless conversation to occur from site to site. Master Siting Plan - refers to the siting map developed by staff and approved by City Council to identify appropriate sites for the location of wireless transmission facilities as may be amended from time to time. Such map may be derived from propriety information submitted by wireless providers. Micro-cell - means a low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage to weak areas. Micro-cells communicate with the primary low power mobile radio service facility in a coverage area via fiber optic cable or microwave. The typical coverage area for a micro-cell is a one-mile radius or less. Microwave antenna - means a dish-like antenna used to link communications sites by wireless transmission of voice or data. Monopole - means a cylindrical self-supporting i.e. not supported by Guy Wires, communications tower constructed of a single spire, used to support telecommunications equipment. 4 Omni-directional antenna - means an antenna that is equally effective in all directions, the size of which varies depending on the frequency and gain for which it is designed. Planning and Zoning - See Community Development. Planning Commission - means the Planning & Zoning Commission of the City of Milton, Georgia. Preexisting Towers and Preexisting Antennae mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this Article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Repeater - means a low power mobile radio service telecommunications facility used to extend coverage of cell areas to areas not covered by the originating facility. Roof and/or building-mounted telecommunications facility - means a low power mobile radio service telecommunications facility in which antennas are supported entirely by a building other than a building accessory to a telecommunications facility. Such facilities may include micro-cell and/or repeater facilities. Screening -The use of design, existing buildings and structures, existing and proposed vegetation and color to obscure a wireless telecommunications facility. Separation -The vertical distance between one carrier’s antenna array and the antenna array of another carrier. Sectorized panel antennas - means an array of antennas, usually rectangular in shape, used to transmit and receive telecommunications signals. Siting -The method and form of placement of a wireless telecommunications facility on a specific area of a property. Structure Height - means the distance measured vertically from the average ground elevation adjacent to the structure being measured to the highest point when positioned for operation. The height of a tower includes the height of any antenna positioned for operation attached to the highest point on the tower. Technically Feasible and Viable means capable of being provided through technology which has been demonstrated in actual applications (not simply through tests or experiments) to operate in a workable manner. 5 Telecommunications Facility - means a telecommunications tower, monopole tower, antenna or any and all buildings, structures, or other supporting equipment used in connection with a telecommunications tower, monopole tower, or antenna. Source: www.cdc.gov/niosh Tower - means any structure designed primarily for the purpose of supporting one or more antennas used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication, including self- supporting lattice towers, guy towers or monopole towers constructed as a free-standing structure or in association with a building or other permanent structure. Towers include radio and television transmission towers, microwave towers, common-carrier towers, cellular and digital telephone towers, alternative tower structures, and the like. Whip antenna - means an antenna that is cylindrical in shape. Whip antennas can be directional or omni-directional; size varies with the frequency and gain for which they are designed. Wireless Telecommunications Facility (WTF) -A staffed or unstaffed commercial facility for the transmission and/or reception of radio frequency signals, or other wireless communications, and usually consisting of an antenna or groups of antennas, transmission cables and equipment enclosures, and may include an antenna support structure. The following non-exclusive list shall be considered a wireless telecommunications facility: new and existing antenna support structures, replacement antenna support structures, collocations on existing antenna support structures, attached wireless telecommunications facilities and concealed wireless telecommunications facilities. For purposes of this ordinance, wireless telecommunications and their facilities shall not refer to broadcast radio or television transmission facilities. Also see Telecommunications Facility 6 WTF - See Wireless Telecommunications Facility. Section 4: Applicability. All new wireless towers and antennas shall be subject to the regulations contained within this article except as provided in subsections a-c, inclusive: (a) Public Property. Nothing in this article shall be read to prohibit a government owned tower from being located at a specific site when the tower is required to protect the public welfare or safety. (b) Amateur Radio; Receive-Only Antennas. This Article shall not govern any amateur radio tower, or the installation of any antenna, that is under sixty (60) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. (c) Pre-Existing Towers and Antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this Article shall not be required to meet the provisions of this Article, other than the requirements of Section 7. Any such towers or antennae shall be referred to in this Article as "preexisting towers” or “preexisting antennae.” However, in the event a preexisting tower or antennae ceases to function, then the subject tower, antennae and related equipment shall be removed from the subject property within ninety (90) days. Section 5: General Requirements. (a) An application shall be required for the construction or placement of all new wireless transmission facilities and new co-location facilities, antennas or towers within the City limits. Approval of any application for the construction of a tower or placement of an antenna shall be based on consideration of the following factors: (1) Proximity to residential structures and residential district boundaries; (2) The proposed height of the tower; (3) Nature of uses on adjacent properties; (4) Surrounding topography, tree coverage and foliage; (5) Design of the facility, with particular reference to design characteristics which have the effect of reducing or eliminating visual obtrusiveness; (6) Proposed ingress and egress; (7) Availability of suitable existing towers, other structures, or alternative technologies (microcells) not requiring the use of towers or structures. 7 (8) Demonstrated need for the telecommunications facility at the specified site. (9) Utilization of the City of Milton Master Siting Plan, as amended. (b) All applications submitted to the Community Development Department shall include a complete inventory of the applicant’s existing wireless transmission facilities including towers and receivers/transmitters located within the City of Milton or a one-half mile radius surrounding the city limits, including each asset’s location (plane coordinates), height and co-location usage or capabilities, and any special design features. The City shall utilize such information, subject to any restrictions on disclosure requested by the applicant, to promote co-location alternatives for other applicants. (c) At the time of filing the application for construction or placement of a wireless transmission facility, the applicant shall provide a site plan and information regarding tower or accessory structure location, neighboring uses and proposed landscaping as described below. Additional documentation to be submitted with the site plan and certified by an experienced radio frequency engineer shall delineate coverage and propagation zones, identify type of antenna and mounting location, specify type of band currently in use, and state co-location capabilities. (1) The scaled site plan shall clearly indicate the location, type and height of the proposed tower or accessory structure to be utilized, on-site land uses and zoning, adjacent land uses and zoning including proximity to historic or scenic view corridors, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, accessory structure and any other structures, topography, parking, and other information deemed necessary by the Community Development Director to assess compliance with this Article. (2) Legal description of the parent tract and leased parcel (if applicable). (3) A study including a definition of the area of coverage and radio frequency goals to be served by the antenna or tower and the extent to which such antenna or tower is needed for coverage and/or capacity. A professional engineer stamp shall also be required for the study. (4) The setback distance between the proposed wireless transmission facility and the nearest residential unit or residentially used structure. (5) Structural integrity analysis where antennas and equipment will be attached to an existing structure (6) Landscaping shall be designed in such a way as to preserve existing mature growth and to provide in the determination of the Design Review Board, a suitable buffer of plant materials that mitigates the view of the telecommunications facility and accessory structures from surrounding property. 8 (d) Each application shall be accompanied by a fee of one thousand dollars ($1000.00) to offset the costs associated with processing such application. In addition, applicants shall be responsible for independent engineering costs incurred by the City which exceed such fee up to an additional two thousand dollars ($2,000.00), if requested by the City. The applicant shall be responsible for additional fees throughout the process as described further within this Article. All fees are subject to change as amended by the Mayor and City Council by resolution. (e) Landscaping plans and the design and placement of the wireless transmission facility on an approved site shall require review and approval of the appropriate Overlay District Design Review Board prior to issuance of a building permit to insure architectural and aesthetic compatibility with the surrounding area. (f) Prior to issuance of a building permit, compliance with Section 106 of the National Historic Preservation Act, 16 U.S.C. § 461 et. seq. shall be demonstrated. (g) In approving any application, the Director of Community Development, applicable Design Review Board, or Council may impose additional conditions to the extent determined necessary to minimize adverse effects on adjoining properties. Section 6: Development Requirements for Towers. (a) Towers may be located only in the following zoning districts subject to the restrictions and standards contained herein: O-I Office and Institutional District C-1 or C-2 Commercial District M-1, M-2 or M-1A Industrial District AG-1 Agricultural District A or AL Apartment District or Apartments Limited (b) No new wireless transmission facilities shall be located within 2500 feet of any preexisting wireless transmission site unless such new facility is concealed through use of alternative tower structures or is otherwise camouflaged, and a variance is granted by the Zoning Board of Appeals of the City of Milton. (c) All applicants seeking to erect a tower must demonstrate that no existing tower or structure can accommodate the proposed antenna(s). Evidence of an engineering nature shall be documented by the submission of a certification by an engineer. Such evidence shall consist of, but not be limited to, the following: 1. No existing towers or structures are located within the geographic area required to meet applicant’s engineering requirements. 9 2. No existing structure is of sufficient height to meet the applicant’s engineering requirements. 3. No existing tower or structure has sufficient structural strength to support applicant’s proposed antenna(s) and related equipment. 4. Applicant’s proposed antenna(s) would cause electromagnetic interference with the antenna(s) on the existing tower or structure. 5. 6. Such other limiting factor(s) as may be demonstrated by the applicant and verified by an engineer of the City's choosing. (d) Setbacks: Setbacks for towers and above-ground transmission facilities shall be as follows: 1. All transmission facilities, except buried portions, shall be set back from all adjoining properties zoned non-residential a distance equal to the underlying setback requirement in the applicable zoning district. 2. When a tower is adjacent to a residential use or residential zoning, the tower and entire transmission facility must be set back from the nearest residential lot line a distance equal to the height of the tower. (e) Unless otherwise specified by Community Development Staff and the Design Review board, towers and above ground equipment shelters shall be enclosed by vinyl clad chain link security fencing not less than 6 feet in height and shall be equipped with an appropriate anti- climbing device. Said fencing shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards unless the City of Milton Arborist determines that existing plant materials are adequate. (f) All new towers in excess of 100 feet which do not incorporate alternative design features must be designed and built in a manner that allows other entities to co-locate on the structure using the following guidelines: MAXIMUM TELECOMMUNICATIONS TOWER HEIGHTS Zoning District O-I C-1/C-2/M-1/M-1A/ M-2/A/AL/AG-1 Two Users 120’ 120’ Three Users 150’ 150’ Four Users 180’ 150’ 10 (g) All towers and their related structures shall maximize the use of building materials, colors, textures, screening and landscaping that, in the opinion of the Design Review Board and staff, effectively blend the tower facilities within the surrounding natural setting and built environment. Where appropriate, towers shall be painted so as to reduce their visual obtrusiveness, subject to any applicable standards of the Federal Aviation Administration (FAA). (h) Roof top antennas and associated structures shall not project more than 10 feet above roof lines. (i) The structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. (j) Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). (k) Structures shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. (l) Structures shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. (m) A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner’s expense. It shall be the duty of both the property owner and the tower owner to notify the city in writing of any intent to abandon the use of the tower. (n) Communication facilities shall not be located in 100-year flood plain or delineated wetlands. (o) All guy wires must be anchored on site and outside of right-of-way and outside minimum building setback. (p) Structures not requiring FAA painting/marking shall have either a galvanized finish or be painted a dull blue, green, gray, or black finish. Section 7: Use Permit; Approval Process. (a) Subject to certification by the Director of Community Development of compliance with the general requirements and standards enumerated herein and with the consent of Council, the following uses are subject to expedited approval of a use permit, which shall be defined as approval within sixty (60) days of receiving applications, supporting engineering certifications and lease approval, if any, without the necessity of public hearing: 11 1. Antennas or towers located on property owned, leased, or otherwise controlled by the City of Milton provided accessory structures are located underground, where technically feasible, and a license, permit or lease authorizing such tower is thereafter approved by City of Milton. 2. Installing an antenna on an existing structure, so long as said installation is considered to be a stealth technology installation that does not significantly change the profile of the existing structure and so that the installation is not readily noticeable to the untrained eye. Such installations including cables leading to the antennas shall be painted to match the paint and colors on the existing structure and shall not protrude from the existing structure in a noticeable fashion. 3. Co-location by installing an antenna on any existing tower or alternative tower structure. 4. Replacing an existing tower with a new tower designed to accommodate two or more users so long as such new tower does not exceed the height limitations of section 5 (f) above and setback requirements of this Article are met. After the replacement tower is built, only one tower shall remain on such site. Support equipment shall, where technically feasible, be located underground. 5. Locating any alternative tower structures provided accessory structures are located underground, where technically feasible, or otherwise incorporated into the alternative structure. 6 Installing any antenna or tower not to exceed the limitations contained in section 5(f) in any area zoned M-1, M-1A, M-2, A, AL, AG-1, C-1 or C-2 and provided accessory structures are located underground, where technically feasible, or shielded to the satisfaction of the Design Review Board. 7 Installing any antenna or tower in a location identified on the City of Milton Master Siting Plan, as amended, provided accessory structures are located underground where technically feasible, or shielded to the satisfaction of the Design Review Board. If the City Council determines that any application does not meet the general application requirements, development requirements and/or standards enumerated herein, or such application conflicts with the Master Siting Plan, approval of the use permit application shall be denied provided substantial evidence exists to support such denial. Any aggrieved party may appeal the denial to the Fulton County Superior Court by writ of certiorari. For purposes of this section, an aggrieved party is one who demonstrates that his or her property will suffer special damage as a result of the decision complained of rather than merely some damage that is common to all property owners and citizens similarly situated. 12 (b) If the proposed tower or antenna is not included under the above described expedited approval uses, or the application does not on its face satisfy the development standards and other criteria specified herein, then the use permit application will require a public hearing before the Mayor and Council and review by the City Planning Commission for a use permit for the construction of a wireless transmission facility in all zoning districts. Applicants shall apply for a use permit through the Community Development Department and pay the required five hundred dollar ($500.00) fee at such time. Applications, when complete, shall be placed on the next available agenda of the City Planning Commission, followed by the next City Council meeting at which zoning matters are considered. At least thirty (30) days prior to any scheduled hearing, the Community Development Department shall cause a sign to be posted on the property and the publication of a public notice in a newspaper of general circulation. Said notice shall state the nature of the application, street location of the proposal and height of the proposed structure. Before approving a use permit, the governing authority may impose conditions to the extent necessary to buffer or otherwise minimize any adverse effect of the proposed tower on adjoining properties. The factors considered in granting such a permit include those enumerated in Sections 4 and 5 above. The Mayor and Council may waive one or more of these criteria, if, in their discretion doing so will advance the goals of this article as stated in Section 2 above. Approved applications shall be valid for one (1) year from the date of the approval by the Mayor and Council. Section 8: Maintenance of Facilities. (a) All wireless transmission facilities and related landscaping shall be maintained by the facility owner in good condition, order, and repair so that they shall not endanger the life or property of any person, nor shall they be a blight upon the property as determined by the Community Development Director. (b) All maintenance or construction on wireless transmission facilities shall be performed by persons employed by or under contract to the owner between the hours of 8:30 a.m. and 5:30 p.m. Monday through Friday except in cases of emergency or when an after-hours permit is obtained pursuant to the City of Milton Noise Ordinance. Access to facilities on City owned property shall be determined on a case-by-case basis by the department responsible for such property. The hours of access to City sites shall not exceed those specified above. Persons may not be present on site unless performing construction or maintenance at such site. (c) The owner or user of any telecommunications facility shall be required to submit a “Facility in Use Certification” annually to the Community Development Department. Any antenna or tower that is not operated for a continuous period of twelve (12) months or is not properly maintained shall be considered abandoned, and the owner of such antenna or tower shall remove same and any structures housing supporting equipment within ninety (90) days of receipt of notice from the governing authority of such abandonment. If such antenna or tower is not removed or returned to good condition within said ninety (90) days, the governing authority 13 may remove such antenna or tower at the owner’s expense and a lien shall be placed upon the property. Section 9: Waiver of Requirements. No exception, waiver or variance to the conditions and requirements contained herein shall be granted unless expressly provided for in this Article, or the Mayor and Council find that the proposed tower or wireless transmission facility is necessary and essential to providing the wireless service. Section 10: Facilities Lease. The City Council may approve facilities leases for the location of wireless transmission facilities and other telecommunications facilities upon City owned property. Neither this section, nor any other provision of this article shall be construed to create an entitlement or vested right in any person or entity of any type. Section 11: Lease Application. Any person that desires to solicit the City's approval of a facilities lease pursuant to this Article shall file a lease proposal with the City’s Community Development Department which, in addition to the information required by Section 4, shall include the following: a. A description of the wireless transmission facilities or other equipment proposed to be located upon City property; b. A description of the City property upon which the applicant proposes to locate wireless transmission facilities or other equipment; c. Preliminary plans and specifications in sufficient detail to identify: 1) The location(s) of existing wireless transmission or telecommunications facilities or other equipment upon the City property, whether publicly or privately owned. 2) The location and source of electric and other utilities required for the installation and operation of the proposed facilities. d. Accurate scaled conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed wireless transmission facilities or other equipment; e. Whether the applicant intends to provide cable service, video dial tone service or other video programming service from the facility, and sufficient information to determine whether such service is subject to cable franchising; 14 f. An accurate map showing the location of any wireless transmission or telecommunications facilities in the City that applicant intends to use or lease; g. A landscaping bond in an amount to be determined by the city arborist; h. Such other and further information as may be requested by the City; and i. An application fee for lease negotiation in the amount of $250.00. Section 12: Determination by the City. Recognizing that the City is under no obligation to grant a facilities lease for the use of City property, the City shall strive to consider and take action on applications for facilities leases within 60 days after receiving a complete application for such a lease. When such action is taken, the City shall issue a written determination granting or denying the lease in whole or in part, applying the standards set forth below, or any other such criteria as the Mayor and City Council may choose to apply. If the lease application is denied, the determination shall include the reason for denial following review of these factors: a. The capacity of the City property and public right-of-ways to accommodate the applicant's proposed facilities. b. The capacity of the City property and public right-of-ways to accommodate additional utility and wireless transmission or telecommunications facilities if the lease is granted. c. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the lease is granted. d. The public interest in minimizing the cost and disruption of construction upon City property and within the public ways. e. The service that applicant will provide to the community and region. The effect, if any, on public health, safety, and welfare if the lease requested is approved. The availability of alternate locations for the proposed facilities. f. Whether the applicant is in compliance with applicable federal and state telecommunications laws, regulations and policies, including, but not limited to, the registration requirements administered by the Georgia Public Service Commission. g. The potential of radio frequency and other interference with existing public and private telecommunications or other facilities located upon the City property. 15 h. The potential for radio frequency and other interference or impact upon residential, commercial, and other uses located within the vicinity of the City property. i. Recommendations of the Public Works Department with respect to maintenance and security of water towers. j. Such other factors, such as aesthetics, as those factors may impact the community. k. The maximization of co-location opportunities with other similar uses. Section 13: Agreement. No facilities lease shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the lessee has been granted the right to occupy and use the City property. Section 14: Nonexclusive Lease. No facilities lease granted under this Article shall confer any exclusive right, privilege, license, or franchise to occupy or use City property for delivery of telecommunications services or any other purposes nor shall approval of a lease entitle the applicant to a permit to construct or place a wireless transmission facility. Section 15: Term of Facilities Lease. Unless otherwise specified in a lease agreement, a facilities lease granted hereunder shall be valid for a term of up to five (5) years, with the lessee granted a maximum of three (3) five (5) year renewal options which options shall also be subject to approval of Council. The term of any such agreement shall not exceed twenty (20) years. Section 16: Rights Granted. No facilities lease granted under this Article shall convey any right, title or interest in the City property, but shall be deemed a license only to use and occupy the City property for the limited purposes and term stated in the lease agreement. Further, no facilities lease shall be construed as any warranty of title. Section 17: Interference with Other Users. No facilities lease shall be granted under this Article unless it contains a provision which is substantially similar to the following: The City has previously entered into leases with other tenants for their equipment and wireless transmission facilities. Lessee acknowledges that the City is also leasing the City property for the purposes of transmitting and receiving telecommunication signals from the City property. The 16 City, however, is not in any way responsible or liable for any interference with lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the lessee's use of the City property, and the lessee cannot work out this interference with the other tenants, the lessee may, upon 30 days notice to the City, terminate this lease and restore the City property to its original condition, reasonable wear and tear excepted. The lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at lessee's own expense and without installation of extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other facilities located upon the City property subject to this lease. Section 18: Ownership and Removal of Improvements. No facilities lease shall be granted under this Article unless it contains a provision which states that all buildings, landscaping, and all other improvements, except telecommunications equipment, shall become the property of the City upon expiration or termination of the lease. In the event that the City requires removal of such improvements, such removal shall be accomplished at the sole expense of the lessee and completed within 90 days after receiving notice from the City requiring removal of the improvements. In the event that wireless transmission facilities or other equipment are left upon City property after expiration or termination of the lease, they shall become the property of the City if not removed by the lessee upon 30 days written notice from the City. Section 19: Compensation to the City. (a) Each facilities lease granted under this Article is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the lessee; provided, nothing in these sections shall prohibit the City and a lessee from agreeing to the compensation to be paid. Such compensation shall be payable in advance of the effective date of the lease and on or before January 31 of each calendar year. Any payments received after the due date shall include a late payment penalty of 2% of the annual rental fee for each day or part thereof past the due date. The compensation shall be negotiated by the City Manager or designee, subject to the City Council’ s final approval, based on the following criteria: (1) Comparable lease rates for other public or private property; (2) In the case land is leased, an appraisal opinion upon which the land and air space is rented; (3) If structure of another user is involved, any amount needed to reimburse that user; in addition to the above; (4) A yearly escalator rate commonly used in comparable leases. 17 (5) The additional rent such structure may generate if leased to additional users. (The City should be entitled to rent as a result of a sublease). (6) Additional fees or charges may be established by the City to cover actual costs of processing the application, including engineering review, inspection and appraisal cost, legal, administration of the agreement, providing on-site services, and/or other direct or indirect costs. Section 20: Amendment of Facilities Lease. Except as provided within an existing lease agreement, a new lease application and lease agreement shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. Such amendment must be approved by Council. Section 21: Renewal Application. A lessee that desires to exercise a renewal option in its facilities lease under this Article shall, not more than one hundred eighty (180) days nor less than one hundred twenty (120) days before expiration of the current facilities lease term, file an application with the City for renewal of its facilities lease which shall include the following: a. The information required pursuant to Section 12 of this Article; b. Any information required pursuant to the facilities lease agreement between the City and the lessee; c. A report certified by a radio frequency engineer that the site is in compliance with current FCC radio emission standards. d. All deposits or charges required pursuant to this Article; and e. An application fee which shall be set by the City Council as referenced in this Article or as amended from time to time by resolution. Section 22: Renewal Determination. Recognizing that the City is under no obligation to grant a renewal of a facilities lease for the use of City property, the City shall strive to consider and take action on applications for renewal of such leases within 30 days after receiving a complete application for such a lease renewal. When such action is taken, the City shall issue a written determination granting or denying the lease renewal in whole or in part, applying the standards set forth below, or any other such criteria as the City Council may choose to apply. If the renewal application is denied, the written determination shall include the reason for denial; such denial may be made after review of these factors or on other grounds as determined by Mayor and Council: a. The financial and technical ability of the applicant. b. The legal ability of the applicant. 18 c. The continuing capacity of the City property to accommodate the applicant's existing facilities. d. The applicant's compliance with the requirements of this Article and the lease agreement. e. Applicable federal, state and local telecommunications laws, rules and policies. f. Continued need for the facility in light of technological advances and current industry standards. g. Such other factors as may demonstrate that the continued grant to use the City property will serve the community interest. Section 23: Obligation to Cure as a Condition of Renewal. No facilities lease shall be renewed until any ongoing violations or defaults in the lessee's performance of the lease agreement, or of the requirements of these sections, have been cured, or a plan detailing the corrective action to be taken by the lessee has been approved by the City. In no event shall a facilities lease be renewed if lessee fails to cure. 19 Master Siting Plan 20 October 25,2007 TO: Mr.Tom Wilson City of Milton, ComrnunFty Development From: Dennis Potts 2745 Webb Road Milton, GA 30004 Subject: Request For Approval Letter to Futton County for Sewer Connection, 2745 Webb Road, Milton, GA 30004 My name is Dennis Patts. I live at 2745 Webb Road. I am requesting to be added to the upcoming meeting agenda. 1 am asking that the City of Milton consider my request to write a letter of support to Fulton County to allow connection to the existing sanitary sewer that surrounds my property. My property is currently zoned 011 . Thank you for your consideration of my request. Dennis Pons City of Miltan Ccmmun~tyDfveloprnerlt n t o __ r MENDMENT TO RESOLUTION ADDRESSING INTER-BASIN TRANSFER OF SEWAGE TO THE BIG CREEK SYSTEM -------'--' .-I_.___.L ---.-....---_,-________-.-----'------.----------IX----- W-S, The Board of Commissioners resolved on Mach 15, 1995 to phibit inter-basin xansfers of wastewater fiom the Etowah River Drainage Basin to either the Big Creek or Johns Creek Wastewater Treatment-Plants to ensure that growth and development in the Etowah River--II-L--.- Dmikge Basin do not impact adversely upon or require expansion of either of these treatment plants; and WHEREAS, the Board of Commissioners adopted on August 4,1999, the North Fulton Year 20 15 Comprehensive Plan Update, 299433 NFC and 299-034 NFC which dlows sewer corneaions to the Fulton County sewer systmi to certain properties in the Etowah River Drainage Basin that front or abut on State Route 9,in one or a combination of the following tand lots: 757, 758,759,826,831,898,903,970,975, 1041, 1042,2048, and 11 13; and WHEREAS, lmd lots 1 I1 I and 1112 of the Second District., Second Section fronting on State Route 9 are in the City of Alpharecta and were not included in the aforementioned Comprehensive Plan Update; and WHEREAS, the Alpharetta City Council has approved a development plan located off Winward Parkway near State Route 9 known as land lots 12 11 and 11 12 for a retail center and a WHEREAS,.. . the Board . ., ..of Cornmissioners.findsit necessary and in the best interest of public . -.. . .., --. ,. , -. , . . . -, . . . .., , hhh and welfare to include land lots, t l l 1 and 1 1 12 ofthe second district, second section in the North Fulton Year 2015 Comprehensive Plan Update, 299-034 MFC, in order to permit sewer cumectioa to Big Creek WRP. WHEREAS, the A3pketta City Council has endorsed the provision of any necessary in6astnrctuf-e including sewer to serve this development fronting on State Route 9. THEREFORE BE IT MSOLWD, the Board of Commissioners hereby provides that all properties fronting or abutting State Route 9 in land lots I f 1 1 and 1 112 of the Second District, Second Section a f ~~~g a ~6 ~5 55 . - ~~ bdment to Rewhltion msk of Sewage to Big Creek WRP 6%e 2 of* _. +--. . -- wer system as provided in the 2015 Comprehensive Plan Update, Z99-033m and 299-034 PC adopted by the Board of Commissioners on August 4,1999. -a!Gzzl BmYd stew* Wor County Att- Dir or OfErivirommnt and Community qwm- RESOLUTION TO REAFFW POLICY AMD ESTABLISH AN ORDINANCE PROHlBXTLYG EXPANSION OF THE BIG CiWEK AYD JOHN'S CREEK SEWAGE TREATMENT PLANTS TO ACCOMMODATE PORTlOPTS OF THE 1 4 ETOWAA RIVER BASM AND TO PROHIBIT INTERBASIN TRANSFERS TO THE BIG CREEK AM) ;IQFlN'S CREEK TREATMENT PLANTS 7 8 WHEREAS, in March of 1 995, Fdton County adopted a policy which prohibited 9 pumping stations and interbasin transfers hm the Etowah River Basin (Chicken Creek 10 Sub-Basin and CooperlSandy Creek Sub-Basin), bwin&er "Basin Area", to the Big 11 Creek Treatment Plant and john's Creek Treatmeat Plant; and 12 WHEREAS, the 1995 policy was implemented to ensure that growth and 13 development in he Basin Area does not negatively impact upon or require expansion of 14 either the Big Creek Treatment Plant or the lob's Creek T~~entPlant as wdl as to 15 preserve the low-density and rrrral character of that portion of the Basin Area that lies 16 within Fulton County; and WHEREAS, in August of 1999, Fulton County approved an update to the 2015 18 North Fulton Comprehensive Plan which, in limited circumstances, allowed interbasin 19 transfers from the Basin Area to the Big Creek Treatment Plant; and WHEREAS, the recently adopted 2025 Comprehensive Plan is silent with regard 2 I to interbasin transfers between tfie Basin Area and the Big Creek Tteatment Plant or thc 22 John's Creek Trment Plant; and it is the desire of &e Board of omm mission as to reaffirm its 24 policies which ensue that growth and development in the Basin Area are not unlimited 25 and are undertaken at a level so as to avoid bK necessity and expense of upgrading or 26 expanding dtha he Big Creek Sewage Treatment Plant or the John's Creek Sewage 27 Treatment Plant to accommodate the Basin Arq nnd WHEREAS, the Board of Commissioners is fiather desirous of rea5rming its policy which phibits the expansion of the Big Creek Sewage Treatment Pfant or the John's Creek Sewage Treatment Plant to ac~~rnmodatethe Basin Area and Mer, to establish policy which prohibits the comtnrtion of pumping stations or interbasin transfers hm the Basin Area to the Big Creek and John's Creek Sewer Treatment Plants. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners hereby declares as its policy that, except as protided by the ordinance provision sct fa& below, there shd be no expansion of the Big Creek Sewage Treatment Plant or the John's Creek Sewage Treatment Plant to accommodate the Basin Area, and the Board of Commissioners further declares that no pumping stations or interbasin transfers fiom the Basin Area to the Big Creek Treatment Plant and John's Creek Treatment Plant shall be permitted so as to ensure that growth and development in the Basin Am does not impact adversely upon or require expansion of either of these treatment plants and that ?he low- density and nual character of that portion of the Basin Arm that lies within Fdton County is preserved. BE IT FURTHER RESOLVED, that the Fultan County Sewer Use Ordinance 17 sMI be amended to include the following t 8 "Sec. 8-interbashTransfers. 19 {a) Property wat and north of Skate Route 9, in north Fulton County, 20 located between Windward Parkway and the Forsyth County line, may 2 1 connect to Fulton County sewer if a pcrrtian ofthe property fronts or abuts 22 State Route 9 an8 the property is wholly located in District 2, Second Section, in one or a combination of €hefollowing land lots: 757,758,759, 826,831,g98,903,97U,975,1041,10Lt2,1048,1111,1112,or 1123. (b) h addition to the above, legal lots of rmrd as of M& 1,2006, and which are at last partially contained within the above-listed land tots, may connect to the Fdton County sewer sjxtem. (c) In the event that 1) the Director of the Department of Public Works determines that a property lying west or north of State Route 9 between Windward Parkway and the Forqth County line does not qdify for medon to the Fulton County sewer system under paragraphs (a) or (b) above, and 2) the property is used or is proposed for use sts a school, church, hospital or goven~mentdly-omproject, the prop* owner may qpd to the bard of Commissioners seeking to connect tu the Fuiton County sewer system. In conjunction with such appeal, the Department of Public Works shall provide a report for the Board of Cummissioners ddbing whether the property may safely connect to and be served by the County sewer systan without endangxing the health or safety of the citizens and residents of Fulton County. If the Board of Cornmissioners determine that the property meets one of the above use categories and that ttomedon to the County sewer system would not have a negative impact on the heah or safety of the citizens and residents of FuIton County, the Board shall grant approval for the subject property to connect to the County sewer system for so long as that specific use continues on the prwy." BE IT F'UWEER RESOLVED, fhat the codifier may renumber the Fulton I County Sewer Use 0ndihmce ro as to appiPriateIy acmmmodate this amendment BE IT PIJRTHER RESOLVED, that nothing herein shall be construed to 4 prevent growth and deveiopment consistent with the existing Comprehensive hd Use 5 Plan and current regdations regarding the use of septic tanks for commercial and BE IT FURTHER RESOLVED, tht this Resolution sbali become effective 8 when adopted and that dl resolutions and parts of resolutions in conflict with this 9 Resolution are kby repealed to tlre extent of the conflict. SO PASSED AND ADOPTED, this day of April, 2006. Spmmred by: Lynne Riley, Commissioner District 3 APPROVED AS TO FORM: 2 1 22 bfsrk Massey, Clerk to the Commissjon Ovds Hicks Brantley, County Attorney 23 24 PiCAIagislatiDd~3ubW-\Ordi-~-F~13-~wk.ord.h ~QItrJTXO~~~Gm~CYPTCOHIBrraYG EXPANSXON OF BIG CRElX AND JUWS CREEK SWAGE TREAm EZAINT 2'0 ACCOMlWDAT@PORTIONS QF~W~CRXEiBA$INANBTQIPR~~ASIN TEUHWEWTOrltfB[1E:BIG~AM)J~S~ zmL?k=FX;ANT -, khe carrent Cqmbrdve &and UEW Plan aana for a desigMrion of f unit crr 1-a par due in the northern most wxta of unincbtparat& n;rltan Cmnty, &zea ie north of tbe Big Week sub-Basin, and known as the Ekoyiah River Bush fCb56ken Cree3r Sub-Bas f h and Caaper/Sandy Creek $ub-htsin) , heeinafker "&tsi31 Uea* and; WfjfEREAS, at Comprtihensfurr kmd Use PI^ goes wf: cmhmplkte axpansion of sewer Iheo Fnka this aal~inAraos; and -, the Big Creek Srawer: I?:mIaent.Plant and as ~&nOs meek Sewer maabnerat Plan+ were dteaigned to pravido We e8pau;t.y for .t;%ra Chat--River aaskn, whid inabdes th~Big Cree and 3ohnrs creek mB4~in~ was not aeaSgned to aacPaararda* the Basin Areal amd m,t;8s Board Costrahlms desirous of' arkablbhing pnlicies ,wnsfstwits wiEh the Camgrehansive Lanti Use Plan, which MISUZE *at grarath and &maXupment: tbe mSn Axea is mt m1Mted and 1s unde%bketa at a let1 so as to avoid the nacassity and expense OC upgrading or -a* either the Bfq Grad Sewn-*&atwent Plant or the 3uh*s C3s& Sawage meahant Plant to amammudata the Bash Ax-; and 950339.001 RECESSMEETING, WRC)-fi5.1W5 PAGE 161 Fahibit "A" Page 1 of 2 L I -, the Board of Conmissioners is further desiruus of I e#tablisbing a paliey whir=h prohibits the e$qanaion of as Big Cra& Sewage Treatment Plant axid #a 130hn~tiCreek Sswape *eahnt Plant to acearm~bdate tzbe -sin &e.a and Mer, to establfah policy which pwhbf.t.s khe cmatraekion of pumping stations ax Antcarbaa33 ~~fers$ran khe Bas* &ea to the Big Creek mu Jobfs Cree% Sewer Treamt Plant. fYQW XBEREFURX BE XT RESC)I,VEXt, that the bard of Camisl;fon~rsSI%m%by declares aa its pulicy tbat thmre shall be no ~qanslcznof the Big meek Sewage Treatment Plant and t.hm John's creek sawage -bent Plant to acrrommochkta ther Basin Area and the of Conmissioners XWew decla~eathat, m pumpby &atAcmm or Sawsin trzvlsf~~sfxcm ma Basin Axes to the Big mefc mea-t Pht and Gab's CteEsk Tmmant Rlanl shall tse mtted SQ 4s tO ensure. mat growth wd dsveXapa&nt %XI me lnsin uea daes BE mmmLmf that nothing hmin -11 he oonstroed to -& grow aM develspment consistent w&# the regarding w of septic tanks for cmmereial and reafdmtial RECESS MEETING. MARCH 15,1995 PAGE 162 EThibit "A" Page 2 of 2 950339.002