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Home My WebLink AboutPacket - PC - 05-27-2008 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 PLANNING COMMISSION AGENDA Tuesday May 27, 2008, 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 A. Approval of Minutes Minutes from the April 22, 2008 Planning Commission Meeting Approval V. REZONINGS/USE PERMITS NEW A. U03-03/ VC08-03 2810, 2820, 2830, 2840, 2850, 2860 Bethany Bend Road (AG-1) Applicant; Church of Jesus Christ of Latter Day Saints Requesting a Use Permit for a 16,728 square foot church with 352 seats, at a density of 2,320.95 square feet per acre on approximately 7.2074 acres and a 2 Part Concurrent Variance to 1) To reduce the 50- foot undisturbed buffer along the east property line to 25-foot (Article 4.23.1); 2) To reduce the 40-foot landscape strip to 20 feet along Cogburn Road (Article 4.23.1) CZIM- 3/26/08 & 4/23/08 PC – 5/27/08 MCC – 6/16/08 U08-03 –Approval Conditional VC08-03 – Denial of Parts 1 & 2 VI. TEXT AMENDMENTS DEFERRED A. RZ08-03 Article 12G – Hwy 9 Overlay District – Scope of Design Review Board MCC Work Session – 3/10/08 PC- 5/27/08 MCC-6/16/08 Approval Conditional B. RZ08-04 Article 12H - NW Overlay District – Scope of Design Review Board MCC Work Session – 3/10/08 PC- 5/27/08 MCC-6/16/08 Approval Conditional C. RZ08-05 Article 12H1- Crabapple Crossroads Overlay District – Scope of Design Review Board MCC Work Session – 3/10/08 PC- 5/27/08 MCC-6/16/08 Approval Conditional D. RZ08-06 Article 12H2 – Birmingham Crossroads Overlay District – Scope of Design Review Board MCC Work Session – 3/10/08 PC- 5/27/08 MCC-6/16/08 Approval Conditional **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council 1 City of Milton Deerfield Professional Centre 13000 Deerfield Parkway Building 100, Suite 107 C Milton, GA 30004 Agenda Item Description Meeting Dates** Staff Recommendation PC Recommendation VII. TEXT AMENDMENTS NEW A. RZ08-07 Article 12A – Overlay District Authority – Scope of Design Review Board MCC Work Session – 3/10/08 PC- 5/27/08 MCC-6/16/08 Withdrawal **Meeting Codes: CZIM-Community Zoning Information Meeting; DRB-Design Review Board; PC-Planning Commission; MCC-Mayor and City Council 2 PETITION NUMBER(S): U08-03/VC08-03 PROJECT NAME The Church of Jesus Christ of Latter-Day Saints PROPERTY INFORMATION ADDRESS 2810, 2820, 2830, 2840, 2850, 2860 Bethany Bend Road DISTRICT, LAND LOT 2/2 832 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING AG-1 ACRES 7.2074 EXISTING USE Undeveloped PROPOSED USE Church OWNER Cogburn and Bethany LLC ADDRESS 2965 Manor Bridge Dr. Alpharetta, Georgia 30004 PETITIONER/REPRESENTATIVE Church of Jesus Christ of Latter-Day Saints, James Revill ADDRESS 376 Acuba View Woodstock, Georgia 30188 PHONE 678-494-2371 INTENT To request a use permit for a 16,728 square feet church with 352 seats and storage shed, at a density of 2,320.95 square feet per acre on 7.2074 acres. In addition, the applicant has requested a two-part Concurrent Variance to 1) Reduce the rear yard buffer from 50 feet to 25 feet (Article 4.23.1) 2) Reduce the 40-foot landscape strip to 20 feet along Cogburn Road (Article 4.23.1) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U08-03: APPROVAL CONDITIONAL VC08-03: DENIAL OF PARTS 1 AND 2 Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 1 of 24 U08-03/VC08-03 LOCATION MAP 5/23/2008 U08-03/VC08-03 Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 Page 2 of 24 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 3 of 24 U08-03/VC08-03 SITE PLAN—SUBMITTED May 2, 2008 SITE PROFILES—SUBMITTED May 2, 2008 5/23/2008 U08-03/VC08-03 Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 Page 4 of 24 CONCEPT SITE PLAN, FLOORPLAN, AND PERSPECTIVE— SUBMITTED May 2, 2008 Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 5 of 24 U08-03/VC08-03 LOOKING AT SUBJECT SITE FROM THE SOUTH LOOKING AT SUBJECT SITE FROM THE SOUTH 5/23/2008 U08-03/VC08-03 Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 Page 6 of 24 LOOKING WEST FROM SUBJECT SITE SUBJECT SITE: The subject site is a 7.2074 acre tract of agriculturally zoned land, located on the northeast side of the intersection of Coburn and Bethany Bend Roads. The subject site is undeveloped and 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 May 27, 2008 5/23/2008 Page 7 of 24 U08-03/VC08-03 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 (AG-1) AG-1 Agricultural Scattered homes Min. 1 unit/acre Farther North 2 (AG-1) AG-1 Agricultural Oakstone Glen Subdivision Min. 1 unit/acre Fartherst North 3 (R-2 Cond’l) Z77-106 R-2 Conditional Five Acres Estates Min. 1 unit/acre Northeast 4 (C-1 Cond’l) Z00-052 C-1 Conditional Kids “R” Kids Learning Center 4,771.25 square feet/acre Total of 14,600 total square feet with 240 students East 5 (C-1 Cond’l) Z04-022 C-1 Community Business Retail Shopping Center 7,314.03 square feet/acre Farther East 6 (O-I) RZ-07-010 O-I Office Institutional Offices and Bank 5,332 square feet/acre Southeast 7 (C-1) 06Z-096 C-1 Community Business Commercial Retail with Fast Food Restaurant (under development) 5,690.91 square feet/acre Southeast 8 (C-1 Cond’l) Z99-77 C-1 Conditional Retail Shopping Center 7,846.04 square feet/acre South 9 (CUP Cond’l) 05Z-115 CUP Conditional Currently undeveloped 2.98 units/acre Southwest In Alpharetta 10 (AG-1) 05U-002 AG-1 Agricultural Kings Ridge Christian School 4,872.13 square feet per acre Total of 341,000 square feet West 11 (AG-1) AG-1 Agricultural Scattered residential Min. 1 unit/acre Farther West 12 (AG-1) 97U-21 AG-1 Agricultural Morning Star Church 878 square feet/ acre Total of 7,250 square feet and 120 seats Farthest West 13 (AG-1) AG-1 Agricultural Scattered residential Min. 1 unit/acre Northwest 14 (R-2A Cond’l) Z72-194 R-2A Conditional Bethany Green Subdivision None given Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 8 of 24 U08-03/VC08-03 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 9 of 24 U08-03/VC08-03 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.10. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed church is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use may generate an increase in traffic primarily on Sundays, but recommended conditions should mitigate the increase in traffic. The applicant is conditioned to providing a full access from Bethany Bend Road and an entrance-only access from Cogburn Road because of lack of sight distance. In addition, the Milton Trail will be developed along the north side of Bethany Bend Road and the east side of Cogburn Road. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 10 of 24 U08-03/VC08-03 E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 101 parking spaces for the proposed development. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback and indicated compliance on the site plan. Staff notes that the applicant’s site plan indicates 199 parking spaces which exceeds the minimum parking requirement. The site plan indicated that the parking is 75 feet from the north property line, which is 40 feet farther than the required 25 feet undisturbed buffer and 10-foot improvement setback. F. The amount and location of open space; The applicant’s site plan indicates that approximately one third of the subject site is undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development, but the amount of open space would be greater without the proposed excessive parking. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the State Route 9 Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. Staff notes that with the additional 40 feet of setback along the north property line, required recompense trees can be planted in this area to further screen the adjacent residential properties to the north. H. Hours and manner of operation; The applicant has stated that the operations for the church will be primarily on Sunday. The applicant specified that this particular church would most likely start off with two (2) services on Sunday, meeting at two separate times and not overlapping, with the potential of a third if later needed. There is potential for up to three (3) overlapping services. The first service would begin around 9:00 a.m. and the overlapping services would last into the afternoon. There will be two congregations or “wards” meeting at the same time for approximately an hour. One ward would be in the sanctuary while the other would be meeting in the classrooms. The facility also has the potential to hold community gatherings during the week, but these are subject to demand. Staff is of the opinion that this use will not negatively impact the adjacent properties if the Staff’s Recommended Conditions are implemented to minimize the increased number of trips generated by the use. Typically, this type of use is utilized Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 11 of 24 U08-03/VC08-03 by residents and employees who are already utilizing the surrounding road system. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12G.4.D of the State Route 9 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 Cogburn Road for entrances only and one full access curb cut on Bethany Bend Road. Staff notes that the curb cuts do not currently exist. Staff further notes that the Traffic Engineer estimates 232 trips per day with 116 peak hour trips for one service or ward at a time. Given the limited use of the subject site, Staff is of the opinion that the proposed development will have limited impact upon the community. Based on the results of the above Use Permit considerations that demonstrate the proposed church an appropriate use for the site, Staff recommends APPROVAL CONDITIONAL of U08-03. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on May 2, 2008, Staff offers the following considerations: USE PERMIT STANDARDS The site plan is in compliance with the development standards of Article 19.4.10 for a Church. BUILDING SETBACKS Article 5.1.3 AG-1 (Agricultural) states that the following building setbacks are required for the proposed development: • Front Yard Setback: 60 feet • Minimum Side Yard: 25 feet adjacent to interior line, 40 feet adjacent to street • Rear Yard Setback: 50 feet The site plan indicates compliance with the above stated building setbacks. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 12 of 24 U08-03/VC08-03 BUILDING HEIGHT Article 5.1.3 limits the building height to 40 feet in AG-1 zoning. The applicant has not specifically indicated the height of the proposed structure, but must meet this standard before obtaining a building permit. Staff notes that the zoning districts’ maximum height limitation for structures does not apply to church spires and belfries (Article 4.3.3.). State Route 9 Overlay District LANDSCAPE STRIPS AND BUFFERS Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a minimum 20-foot wide landscape strip along both Cogburn Road and Bethany Bend Road if the original requirements in Article 4 of the Zoning Ordinance specify a smaller landscape strip. In Article 4.23.1, Bethany Bend Road is considered a “side corner” and is required to have a 20-foot landscape strip, which is in compliance with Article 12G.4 Section A.1 of the State Route 9 Overlay District. Cogburn Road is considered the “front yard” and is required to have a 40-foot landscaping strip, which overrides the 20-foot landscape strip required in Article 12G.4 Section A.1 of the State Route 9 Overlay District. Article 4.23.1 reads that in AG-1, the following is required: • Front yard landscape area- 40 feet (Cogburn Road) • Side Corner yard landscape area- 20 feet (Bethany Bend Road) • Side yard buffer- 25 feet and 10-foot improvement setback (North property line) • Rear yard buffer- 50 feet and 10-foot improvement setback (East property line) The applicant has requested that the 50-foot undisturbed rear buffer on the east property line be reduced to a 25-foot undisturbed rear buffer to allow more space for the activity field and pervious overflow parking area. It appears that there would be sufficient room for overflow parking while preserving the required 50-foot undisturbed buffer. In addition, there is enough area for an outdoor activities field. Therefore, staff recommends DENIAL of Part 1 of the Concurrent Variance VC08-03. 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. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 13 of 24 U08-03/VC08-03 The applicant’s site plan complies with the required 20-foot landscape strip on Bethany Bend Road, but is requesting that the 40-foot landscape strip be reduced to a 20-foot landscape strip along Cogburn Road. The applicant has stated that this reduction of the landscape strip from 40 feet to 20 feet will assist in avoiding intrusion into a tree save area and the area designated for the septic field along Cogburn Road. On page 15 of this document is a map with comments made by the City Arborist on the trees in question on the site. Tree #4 is found to be dead, and tree #2 is not a specimen tree as indicated on the applicant’s site plan. Because of the amount of grading that is required for the septic field, along with the grading for the driveway and entrance on Cogburn Road, Staff believes that the size of the required 40-foot landscape strip will not cause any hardship to the applicant in regards to the tree save area and septic field. Therefore, Staff recommends DENIAL of Part 2 of the Concurrent Variance VC08-03. PEDESTRIAN PATHS Article 12G.4 Section C.1of the State Route 9 Overlay District requires a minimum 6-foot wide sidewalk along all public and private road frontages. The Milton Trail requires a 10-foot asphalt multi-use path along both Cogburn Road and Bethany Bend Road adjacent to the subject property. The 10-foot asphalt multi- use path is reflected in the Recommended Conditions. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Church • 1 space per 3.5 seats (352 • 174 paved spaces (352 seats) seats/3.5) • 25 pervious overflow spaces 101 spaces required 199 total spaces Staff notes that the applicant is providing 199 parking spaces, which exceeds the required 101 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. Staff recommends that parking spaces along the eastern portion of the parking lot be constructed of pervious materials. OTHER CONSIDERATIONS City Arborist Comments and Map: Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 14 of 24 U08-03/VC08-03 The site is completely wooded with lots of undergrowth from center of site towards the northern property line. An additional site visit was made to confirm items on the preliminary plan. There are no specimen trees located on the eastern portion of the property although there is heavy privet and smaller caliper trees in this area. Moving clockwise on the map, starting at the south end of the site, the following trees have been identified: Tree #1is 50” caliper oak shown to be saved Tree #2 is shown as 30” caliper, but is actually 25” in good condition, trying to save (See DRB comment) Tree #3 is 30” caliper Oak in good condition Tree #4 is shown as 38” caliper, but is actually 27” caliper and dead Tree #5 is 30” caliper Oak to be saved Tree #6 is 30” caliper Oak to be saved Tree #7 is 40” caliper Oak to be saved Tree #8 is 42” caliper Oak to be saved Tree #9 is 28” caliper Hickory to be saved Tree #10 is 28” caliper Oak to be removed Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 15 of 24 U08-03/VC08-03 The site plan shows a 170 square foot storage shed with dumpster and satellite dish near Bethany Bend Road. Staff recommends that this be moved away from the road frontage and placed elsewhere on the site. Staff notes that the building will match the church building. Pursuant to Article 12G.4.B.4 the dumpster shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. The applicant is also proposing a 1,800 square foot pavilion on the activity field. Staff notes that this will not have walls and will be designed to keep in character with the site. PUBLIC INVOLVEMENT On April 23, 2008 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There were approximately forty people in attendance from the community. Common concerns of the proposed development dealt with issues associated with traffic, drainage, buffers, and scheduling of services. The community and the applicant have had continuous discussions since the Community Zoning Information Meeting regarding the development. Public Comments – Staff has received emails and phone calls from the community with various technical questions regarding the site plan. City of Milton Design Review Board Meeting – May 6, 2008 The following recommendations were made by the DRB: • The Board supports reducing the 40-foot landscape strip to 20 feet to allow the applicant to move the septic tank back, and possibly save 3 specimen trees (if healthy) (The City Arborist has determined that one tree is dead and one is not a specimen tree.) • Remove dumpster from Bethany Bend frontage. • Possibly flip Scout Building with dumpster. • Materials of dumpster, pavilion and modular wall shall match building. Public Notice Requirements The use permit petition was advertised in the Milton Herald on May 14, 2008 and the sign was installed before the required date of May 7, 2008 along the frontages of Bethany Bend Road and Cogburn Road. The notice of rezoning was sent, to adjacent property owners, on May 12, 2008. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 16 of 24 U08-03/VC08-03 Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed church is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed Use Permit for the church. However, Staff recommends DENIAL of Parts 1 and 2 of CONCURRENT VARIANCE VC08-003. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 17 of 24 U08-03/VC08-03 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a church (Article 19.4.10.) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Church and accessory uses including the storage/dumpster shed at a maximum density of 2,320.95 square feet of gross floor area per acre zoned or a total gross floor area of 16,728 square feet, whichever is less. b) Pavilion not to exceed 1,800 square feet with no walls. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on May 2, 2008. 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) No more than one (1) exit/entrance on Bethany Bend Road and ingress design on Cogburn Road. Curb cut locations and alignments are subject to the approval of the Milton Traffic Engineer. b) Provide pervious materials for parking for the eastern most row of parking adjacent to activity field. c) All building entrances shall have a direct connection to the sidewalk network. d) The site plan must provide adequate fire truck access to all buildings on site, in alleys and one-way conditions; as acceptable to the Milton Public Works Director and Fire Marshal. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 18 of 24 U08-03/VC08-03 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right-of-Way Ordinance or as approved by Milton Public Works Director. i. Dedicate necessary Right-of-Way for future WB left turn lane on Bethany Bend at Cogburn Road and provide all widening on north side of Bethany Bend on subject site. 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 Right of Way for the approved final site plan including the following: i. Provide the following road improvements as approved by Milton Public Works Director: 1. EB Left turn lane on Bethany Bend into site driveway 2. WB Right turn lane on Bethany Bend into site driveway 3. SB Left turn lane on Cogburn Road into site driveway 4. NB Right turn lane on Cogburn Road into site driveway 5. Provide overlay and striping for full width of Bethany Bend and Cogburn Road the length of property lines plus any additional taper lengths necessary or as approved by Milton Public Works Director. ii. Provide at least 16 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. iii. Provide 10-foot wide concrete multi-use path along the entire Bethany Bend frontage of the property located no more than 1 foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works. iv. Provide 10-foot wide asphalt multi-use path along the entire Cogburn Road frontage of the property located no more Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 19 of 24 U08-03/VC08-03 than 1 foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works. v. Provide a black 4-foot high four-board equestrian style fence adjacent to the sidewalk/trail along entire length of Bethany Bend Road and Cogburn Road or as approved by the Director of Community Development. c. Any new required entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Milton Public Works Director. i. The Cogburn Road driveway shall be a right/left in entrance only driveway. This one lane section shall extend a minimum of 100 feet of uninterrupted flow or as approved by the Director of Public Works. ii. The Bethany Bend driveway shall be a right/left in, right out, left out driveway. This 3 lane section shall extend a minimum of 40 feet or the 95% queue length of uninterrupted flow, whichever is greater or as approved by the Director of Public Works. 5) To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. 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. i. Detention facility shall have a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it as approved by the Stormwater Engineer. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 20 of 24 U08-03/VC08-03 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. e. Provide for maximum slopes of 3:1 and a maximum disturbed area of sixteen acres open at any time as shown on the LDP phasing plan, as approved by the Stormwater Engineer. f. Provide detailed 10% downstream analysis including all existing cross drain pipes and ditches. Provide any necessary improvements to existing ditches and pipes as determined by the Milton’s Stormwater Engineer prior to issuance of LDP. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 21 of 24 U08-03/VC08-03 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: Trip Generation 232 Sunday Peak Hour Per the ROW Ordinance Article 8 Section 3.2.d “All signalized and all-way stop controlled intersections shall operate at Level of Service “D” or better. Other signalized intersections (including unsignalized private accesses) shall operate at LOS “E” or better for major left turns and Side Street approaches, although LOS “F” may be allowed if the movement has a relatively low volume-to-capacity ratio and there are no known safety problems at the intersection.” Fulton County Health Department: Comments: • This department recommends that the applicant be required to connect the proposed development to public water available to the site. • Due to the inaccessibility of public sewer to serve the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, the “Design Limits for conventional or chamber Septic Tank Systems” for County Health Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 22 of 24 U08-03/VC08-03 Department as defined by Georgia Department of Natural Resource (DNR) are limited by size and subsurface introduction of effluents. Onsite sewage management systems having a septic tank capacity of greater than ten thousand (10,000) gallons, or where the total length of absorption trenches required, would exceed three thousand (3000) linear feet, or where the total absorption trench bottom area required, would exceed nine thousand (9000) square feet, will be governed and placed under the statutory authority and jurisdiction of the Department of Natural Resources. • Due to the inaccessibility of public sanitary sewer to sewer the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, this department will require all necessary percolation and soil data, required layouts, and supportive data be submitted for review and determined acceptable prior to preliminary plat and/or Land Disturbance Permit (LDP) approval. • Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. • Since this development utilizes an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. • This facility must comply with the Fulton County Clean Indoor Air Ordinance. • If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. • This department is requiring that all existing structures to be demolished must be inspected by a certified pest control operator to insure that the premise is rat free. If evidence of rodent infestation is found, the property must be baited prior to demotion. • If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. • If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 23 of 24 U08-03/VC08-03 Fulton County Tax Assessor: Property taxes are paid in full through 2007. Drainage: Flood Plain: No Flood Plain City of Milton Fire Marshal: Comments: • Increase of traffic in the immediate area of Bethany Bend and Cogburn during hours of operation • Water demands could also increase for this general area. • Calls for service for EMS and Fire calls would also increase. • The roadway may need to be expanded to help minimize the possible congestion for the intersection. City of Milton Pubic Safety: The proposal will have a minimal impact on police services. Prepared by the Community Development Department for the Planning Commission Meeting on May 27, 2008 5/23/2008 Page 24 of 24 U08-03/VC08-03 ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 AMENDED OCTOBER 18, 2007 AMENDED APRIL 28, 2008 ARTICLE XII-G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. MILTON ZONING ORDINANCE Page 1 of 14 Text Amendment – RZ08-03 – 5/27/08 PC Whenever provisions of this Article conflict with any other Article in the Zoning Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII-G shall prevail. 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII-H) as set forth in Section 12.H.2 of the Ordinance, shall review for approval all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein and shall make recommendations to the Community Development Department prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit for both residential and non-residential or Primary Variance. 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping 1. A minimum 20-foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10-foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. 12G.4. B. Undisturbed Buffers (Added 4/28/08) 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. MILTON ZONING ORDINANCE Page 2 of 14 Text Amendment – RZ08-03 – 5/27/08 PC 3. To make buffers seem natural, an equal mix of three species from the “Acceptable Evergreen Plan Material for City of Milton Undisturbed Buffers” shall be used. 12G.4. C. Screening and Fencing 1. If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. MILTON ZONING ORDINANCE Page 3 of 14 Text Amendment – RZ08-03 – 5/27/08 PC 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. 8. Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 13. Painted chain link fences are prohibited. 12G.4. DC. Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi-use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits subject to the approval of the Director of the Community Development Department. 4. Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of MILTON ZONING ORDINANCE Page 4 of 14 Text Amendment – RZ08-03 – 5/27/08 PC Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi-use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. 6. Multi-use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto-pedestrian interaction. 11. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential MILTON ZONING ORDINANCE Page 5 of 14 Text Amendment – RZ08-03 – 5/27/08 PC developments is required. 12G.4. E. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. 2. Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be MILTON ZONING ORDINANCE Page 6 of 14 Text Amendment – RZ08-03 – 5/27/08 PC bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Lighting Minimu m Level Average Level Maximum Level Area for display of Outdoor Merchandise 1.0 5.0 15.0 Commercial, Office, and Public/Semi-Public Parking Areas 0.6 2.40 10.0 Multi-Family Residential Parking Areas 0.2 1.50 10.0 Walkways and Streets 0.2 2.00 10.0 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. 8. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. F. Building Materials and Architectural Treatments 1. Developments shall include architecture elements such as columns, arcades, covered entry-walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. MILTON ZONING ORDINANCE Page 7 of 14 Text Amendment – RZ08-03 – 5/27/08 PC 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building façade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. 7. Building plans for townhouse and duplex developments shall exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 8. Townhouse and Duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. 9. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. 10. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 11. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 12. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 13. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 14. There shall be a maximum of 2 stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris Road and Deerfield Parkway. (Added 4/28/08) 15. Building entrances and front exteriors shall be articulated and MILTON ZONING ORDINANCE Page 8 of 14 Text Amendment – RZ08-03 – 5/27/08 PC designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. minimum of stone. 1615. The exterior wall materials of all non-residential buildings and townhouse, duplex, and multifamily buildings consist of a 75% (per vertical wall plane) of the following: brick or natural 17.16 Accent building materials for all non-residential buildings, and also townhouse, duplex and multifamily units are limited to a maximum of 25% brick, tile, non-reflective glass, natural stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 1817. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 1918. Exterior finishes for accessory structures shall be consistent with the principle structure. 2019. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White MILTON ZONING ORDINANCE Page 9 of 14 Text Amendment – RZ08-03 – 5/27/08 PC Greens Browns, Beiges and Tans 462 C to 468 C 553 C to 554 C 4625 C to 4685 C 560 C to 561 C 469 C, 474C, 475 C 614 C to 616 C 4695 C to 4755 C 3302 C to 3305 C 478 C, 3295 C 719 C to 724 C 342C, 343 C 725 C to 731 C 3435 C 476U to 482U 356 C, 357 C 719U to 725U 5467 C to 5527 C 726U to 732U 3305U, 3308U, 335U 336U, 341U-343 U 3415 U to 3435 U 349 U 356 U to 357 U 5535U to 5595U 553U to 559U Reds 168 C, 181 C 483 C, 484 C 1685C, 4975 C Grey 429 U to 433 U 443 U to 447 U Warm Grey 6U-11U Cool Grey 6U-11U 5467U to 5527U Red-Browns 154 U, 1395 U 1405 U Grey-Blue 5395U to 5455U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Green-Grey 5605U to 5665U 2120. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. 2221. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 2322. Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. 2423. Neon lights outlining and/or detailing building features are MILTON ZONING ORDINANCE Page 10 of 14 Text Amendment – RZ08-03 – 5/27/08 PC prohibited. 12G.4. HG. Parking 1. On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. IH. Miscellaneous Provisions 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. 2. Stealth design is required for all cell towers. 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. 6. Storage of shopping carts is allowed without a permit. 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: MILTON ZONING ORDINANCE Page 11 of 14 Text Amendment – RZ08-03 – 5/27/08 PC seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. 8. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development DevelopmentDesign Review Board relating to this article may appeal such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the departmentdepartmentDesign Review Board is rendered. 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. MILTON ZONING ORDINANCE Page 12 of 14 Text Amendment – RZ08-03 – 5/27/08 PC Formatted: Font: 10 pt, Bold MILTON ZONING ORDINANCE Page 13 of 14 Text Amendment – RZ08-03 – 5/27/08 PC STATE ROUTE 9 OVERLAY DISTRICT MAP MILTON ZONING ORDINANCE Page 14 of 14 Text Amendment – RZ08-03 – 5/27/08 PC ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 AMENDED NOVEMBER 15, 2007 ARTICLE XII-H Northwest Fulton Overlay District AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT, TO DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT , TO PROVIDE DEVELOPMENT AND DESIGN STANDARDS, AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, GEORGIA. 12H.1. PURPOSE AND INTENT.The Northwest Fulton Overlay District applies to all properties within the boundaries of the City of Milton as described in the attached map. The Mayor and City Council of Milton, Georgia finds that historic rural areas and their scenic surroundings are important cultural, recreation and economic assets critical to the public’s long term interest and hereby declares it to be the purpose of this article to recognize and to establish a procedure to protect and plan for the county’s crossroads communities. The intent of this article is: (1) To develop guidelines for the preservation and perpetuation of rural commercial crossroads communities based on the description and analysis of their setting; (2) To preserve the integrity of the area, which developed during the late 19th century and early 20th century, through architectural design interpretation and application; (3)To preserve and protect the rural, agrarian and equestrian character of crossroads communities and their surrounding areas; (4) To preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping; (5) To be aware and respectful of the environment’s natural resources and visual qualities; (6) To preserve open space; (7) To preserve, encourage and promote, through the built environment, the sense of place, the sense of ownership, the sense of identity, the sense of evolution and the sense of community present in the area; (8) To ensure existing design characteristics of the crossroads serve as a standard against which plans for new construction will be judged for harmony compatibility and appropriateness; (9) To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position and architectural qualities; (10) To develop a commercial setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads communities; (11) To provide for the construction of buildings and spaces that are human in scale, welcoming and approachable; (12) To encourage MILTON ZONING ORDINANCE Page 1 of 24 Text Amendment – RZ08-04 – 5/27/08 PC containment of existing commercial areas, to provide for transition between commercial areas and residential areas and discourage encroachment of the commercial areas into the residential areas and (13) To promote sustainable development. This Article is adopted as part of a strategy designed for the purpose, among others, of preserving and protecting these areas and enhancing their important aesthetic appearance through regulatory measures, while advancing community development goals, promoting economic development and substantially protecting and promoting health, safety, order, prosperity and general welfare of the citizens of Milton. Included within the scope are regulations governing the location of buildings on the site, the design and materials of building(s) and other structure(s), landscaping and screening provisions, signs, pedestrian circulation and other items. Whenever provisions in this Article conflict with any other Articles in this Ordinance, or other City of Milton ordinances, or regulations, the provisions of this article shall prevail. 12H.2. DESIGN REVIEW BOARD . The City of Milton Design Review Board (DRB ) shall consist of a seven-member board of residents, land owners, business owners, professional architects and/or land planners, who either maintain primary residences and/or businesses or own land in the City of Milton. Members of the City of Milton Design Review Board shall be nominated by the Mayor and District Councilperson and approved by the Milton City Council. Members shall serve concurrently with the Mayor and Council’s terms. Members of the City of Milton Design Review Board will elect a Chairman and a Vice-Chairman. Meetings will be conducted in accordance with Robert’s Rules of Order. The City of Milton Design Review Board shall review for approval all plans for development in the City of Milton (except for single-family residential land uses and/or dwelling units) for compliance with the standards herein herein and shall make recommendations to the Department of Community Development prior to the approval of a Building Permit, Primary Variance, and Land Disturbance Permit and for both residential and non-residential structures for a Demolition Permit. 12H.3. DEVELOPMENT STANDARDS. This section establishes standards for elements of the overall site and of the buildings which affect the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale, setback, parking, building design, building material, building components, signs, and color. MILTON ZONING ORDINANCE Page 2 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. A. Streetscape and Landscape Strips 1. All properties shall provide a minimum 10 foot-wide strip along all public streets. The ten (10) foot-wide strip shall be planted with a minimum 2½” to 3" caliper hardwood over-story. Additional over story trees are encouraged. The 10 foot wide strip may be developed either: (see article 12H.3.2.B for additional landscape and screening requirements) a. with hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees, or b. with landscape elements consisting of 60% coverage in trees and shrubs and 40% coverage in grass and ground cover pursuant to the Zoning Ordinance, Milton Tree Protection Ordinance, or c. with a combination of both landscape and hardscape elements. 2. Trees shall be planted in the center of the landscape strip at a maximum distance of every twenty feet. 3. Specimen trees, as described in the Milton Tree Protection Ordinance, located within the minimum front yard shall be preserved. 4. A minimum five foot-wide strip shall be planted with grass or sod between the back of curb and the sidewalk. B. Parking Lot Landscape Islands 1. There shall be a minimum 10 foot wide landscape island at the end of each parking bay; 2. There shall be a 10 foot wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces; 3. Landscape islands shall include one over-story shade tree per 180 square feet, and MILTON ZONING ORDINANCE Page 3 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. C. Landscape Buffers 1. For sites on four acres or less, 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. 2. For sites on more than four acres, 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. 3. To make buffers seem natural, an equal mix of three species from the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. D. Property owners are encouraged to develop a green space for recreation and public enjoyment. 12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to minimize visual and noise impact of parking, loading areas, detention ponds and accessory site features. A. All loading areas shall be screened from view of any public street by either: (1) a minimum six foot high opaque fence matching the material of the building or (2) a 15 foot-wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of six feet within two years of planting. B. All parking areas shall 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. Plants shall be a minimum height of 3½ to 4 feet at time of planting, and such plants (or in the case of option 2 above, the berm and the planting combined) shall reach a height of six feet within two years of planting (see article 12H.3.1.A for additional landscape and screening requirements). C. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher than what is contained in the interior. The door enclosing shall be made out of wood or a material that has the appearance of wood. MILTON ZONING ORDINANCE Page 4 of 24 Text Amendment – RZ08-04 – 5/27/08 PC D. Accessory site features, as defined in each zoning district of the Zoning Ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of-way and/or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: (1) placement behind the building, (2) 100% opaque fencing which must be constructed of the same type of exterior material used for the building, or (3) by a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height of 6 feet within 2 years or planting. E. Drive-throughs are discouraged. However, if present, a drive-through shall be considered to be an accessory structure to a building. It should be screened from view from the right of way and should be in scale and proportion to the building to which it is attached. F. All detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. All chain link fence shall be black vinyl clad. G. Fencing Material and Height: 1. Allowed fencing material shall be three or four board wooden fencing with wood posts, in yards adjacent to a public street. 2. Fences in yards adjacent to a public street shall not exceed 55 inches from finished grade. 3. Retaining walls shall be constructed of stone and brick only. Retaining walls above 3 feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in Section 12H.3.2.4 and 5. H. Chain link fencing, except as required along detention/retention ponds, is prohibited from public view. All chain link fence shall be black vinyl clad. 12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should encourage and promote walking to a development and within a development. The placement of sidewalks and pedestrian amenities should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five foot landscape strip shall be planted between the roadway or curb and the sidewalk. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right of way. MILTON ZONING ORDINANCE Page 5 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 1. Mandatory Requirements - Pedestrian Path Design Standards A. Proposed developments shall have a pedestrian network. B. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. C. Paths shall be a minimum of five-foot in width. D. Paths shall be clearly identified (through painting, signage, texture change). E. In order to facilitate travel, paths shall not be obstructed by any object or structure. F. Paths shall be designed to minimize direct auto-pedestrian interaction. G. Paths shall be connected to signalized crosswalks, where applicable. H. Paths shall be a direct and convenient route between points of origin (such as a bus stop) and destination (such as a shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. I. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. J. Pedestrian paths shall be colored/textured walkways or sidewalks. 2. Encouraged Elements - Pedestrian Paths and Public Spaces A. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. B. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, and mailboxes. C. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are MILTON ZONING ORDINANCE Page 6 of 24 Text Amendment – RZ08-04 – 5/27/08 PC encouraged. D. Paths are allowed to perpendicularly cross landscape strips. E. Granite curbing is preferred over other types of curbing. 12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances. Lighting should be compatible with the rural and historic setting of Northwest Fulton. Lighting should be minimal while at the same time ample enough for safety and night viewing. A. Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two (2) arms are permitted on a single post. c. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Allowable post arm style shall be Shepherd’s Crook. B. Pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable post styles are pole-top, bollard, and Shepard’s Crook. C. Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. D. Prohibited styles: Shoe box and cobra styles. E. Building mounted lighting fixtures shall have a 45 degree light cut off. F. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. G. Neon lighting is prohibited. H. Light housings and posts shall be a dark color/material and be non reflective. MILTON ZONING ORDINANCE Page 7 of 24 Text Amendment – RZ08-04 – 5/27/08 PC I. Exterior lighting shall not exceed two (2) foot candles. 12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design and lay out of a development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building’s orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create and informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces.Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening A. Size. Non institutional buildings shall be limited to the following: 1. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, if two or more buildings are built, the total size of all buildings shall be a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. 2. On developments larger than four acres, the maximum building size shall be 25,000 square feet. 3. A group of two or more buildings that share at least one contiguous wall will be considered as one building. B. Orientation 1. All buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. 2. Driveways shall be perpendicular to the street. C. Setbacks 1. For all property and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection, buildings shall be set back no more than twenty (20) feet from the edge of the required landscape strip and/or easements. This twenty (20) foot front yard area may be developed with a combination of landscape and MILTON ZONING ORDINANCE Page 8 of 24 Text Amendment – RZ08-04 – 5/27/08 PC hard-scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. 2. For all property and lots located adjacent to public rights-of-way and 400 feet or more beyond an intersection, buildings shall be set back no more than thirty (30) feet from the edge of the required landscape strip and/or easements. This thirty (30) foot front yard area may be developed with a combination of landscaping and hard-scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. 3. Buildings within a development shall have a 20 foot separation between buildings. This are shall be developed as greenspace or with a combination of hardscape and landscaping. 4. In the case where a building(s) in a development can not front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building(s) can front on an internal street in the development. The standards in this article that specify a building’s position and relation to the street are also required for a building(s) fronting on an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. D. Height 1. There shall be a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. E. Scale 1. For every eighty feet of building length on a single face, there shall be variation in the exterior. This exterior variation shall be accomplished through the following means: a. For each eighty feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building’s location. MILTON ZONING ORDINANCE Page 9 of 24 Text Amendment – RZ08-04 – 5/27/08 PC b. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. F. Parking 1. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in Article 18.2.2 of the Milton Zoning Ordinance. Additional reduction in the number of parking spaces is encouraged. 2. All parking spaces built, which exceed the minimum number required by the Milton Zoning Ordinance, shall be constructed of pervious material. 3. No on site parking shall be located to the front of a building and/or between a building and the public right-of-way (see article 12H.3.2.B regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. 4. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. 12H.3.6. Building and Other Structure Design. Construction of buildings in styles and types not found in Northwest Fulton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Northwest Fulton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called “crossroads communities.” Residences are constructed at the edge of these crossroads communities. The Overlay District seeks to replicate this pattern by having future non-residential construction, built within 400 feet from the edge of right-of-way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. A. Building Design 1. All non-single family buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant commercial building types (see Attachment B). MILTON ZONING ORDINANCE Page 10 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 2. All non-single family buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant residential building types (see Attachment B). B. Building Material: 1. Exterior wall materials shall consist predominately (a minimum of 80%) of one or a combination of the following materials: horizontal clapboard siding; brick; and stone. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. 2. Accent wall material (no more than 20%) may include glass, architecturally treated , precast stone. All shall have a natural appearance and/or a historic appearance. 3. Prohibited exterior building materials are: metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel (exceptions: mechanical penthouses & roof screens). C. Roof: 1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be 8 over 12 to 12 over 12. 2. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. 3. Buildings with a minimum gross square footage of 15,000 square feet are allowed to have a lower pitched roof if they meet all of the following standards: a. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in Section 12H.3.6.C (1). b. Roof top equipment is screened from public view from all adjacent public streets. 4. Mansard roofs are not permitted. D. Windows: 1. Buildings shall have a ratio of openings (e.g., windows and doors) MILTON ZONING ORDINANCE Page 11 of 24 Text Amendment – RZ08-04 – 5/27/08 PC to solids which ranges from no less than 30 percent to no greater than 50 percent of the building exterior. 2. For wall sections greater than ten (10) feet wide: a. No one window shall exceed 32 square feet. No grouping of window shall exceed 100 square feet. b. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width. c. Windows on the building side and rear may have window spacing up to two window widths apart. d. Window sills shall be placed a minimum of two feet above finished grade. 3. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to 1 (width). 4. Window types shall include one or a combination of the following types: double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows. The upper sash of all windows shall have divided lights. Clip-ins are allowed. 5. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. 6. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. E. Doors: 1. Allowed doors used as entryways by the public include: a. Wood or simulated solid wood door with raised panels b. Wood or simulated wood door with raised panels on the bottom half and glass on the top half c. Glass door with divided lights 2. Flush panel doors are prohibited as exterior doors. MILTON ZONING ORDINANCE Page 12 of 24 Text Amendment – RZ08-04 – 5/27/08 PC F. Architectural Features: Architectural details are encouraged to create variety, visual interest, and texture on new buildings. 1. Articulated building entryways are typical of building types throughout the district. Therefore main entrances shall have greater architectural details by including a minimum of two of the following elements: a. Decorative columns or posts b. Pediments c. Arches d. Brackets e. Transoms over doorways f. Sidelights g. Porticos h. Recesses/projections 2. If used, shutters shall be operable and fit the size of the window. 3. If roof dormers are present and they have windows, then the windows shall be glazed. Dormers are not a common element and should be used minimally. G. Accessory structures: 1. Out-parcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building(s). H. The following building components shall be prohibited if visible from public street: steel gates, burglar bars, chain link fence, steel roll down curtains. If not visible from any public street, such treatments are allowed 12H.3.8. Building Colors. All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surrounding. A. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. B. Acceptable colors are listed in Attachment A. MILTON ZONING ORDINANCE Page 13 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 12H.3.8.1 Sign Structure Colors. A. All colors when applied to a neutral background using the pallet in Attachment C will be acceptable. Colors used for corporate identity or graphics shall not exceed over 30% of the total signage area, thereby leaving 70% of the total sign area to remain in the neutral background color. B. Acceptable colors are listed in Attachment A. 12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. 12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend in with their surrounding as much as possible. A. Antennas and towers shall be as far away from the right of way as possible or be located next to established tree plantings. B. Antennas, towers and accessory structures shall be a dark matt non reflective color such as dark gray. C. Antennas, towers and accessory structures shall have no lights other than those required by the Federal Aviation Administration. D. The landscape buffer around the antennas, towers and accessory structure shall be natural and informal by having an irregular shape. E. The plantings in the landscape buffer shall obscure any accessory structures within one year of planting. F. In the landscape buffer, a mix of three species of trees acceptable to the Milton Arborist should be planted. In the mix of trees one should be evergreen, one deciduous and one seasonal or perennial. G. Fence openings shall be out of view from the public right-of-way. H. Where appropriate, towers should be camouflaged. 12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. MILTON ZONING ORDINANCE Page 14 of 24 Text Amendment – RZ08-04 – 5/27/08 PC 12H.5. APPEALS. Any persons aggrieved by a final decision of the Department of Community DevelopmentDesign Review Board relating to this Article may appeal from such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per Section 22.4 et seq. of the City of Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the DepartmentDesign Review Board is rendered 12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance permits, and sign permits filed on or after the day of adoption of this Ordinance shall meet the standards of this Overlay District. 12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton Mayor and City Council does hereby ordain, resolve, and enact the foregoing Article XIIH to the City of Milton Zoning Ordinance. MILTON ZONING ORDINANCE Page 15 of 24 Text Amendment – RZ08-04 – 5/27/08 PC Attachment A Acceptable Building Material and Sign Color Palette A. Colors apply to building materials, architectural and decorative elements, and sign structure. B. The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: - Modern Digital Scanning/Color Interpretation - Cross referencing Paint Manufacturers Formulas - Visual comparison matching 3. Colors have been chosen not only by what is found architecturally in the Northwest Fulton area historically but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid “primary” color values in favor of “muted” and “subtle” colors. 4. Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the appropriate colors. Whites Acceptable “whites” are described as subtle shades or tints of white, including “neutral”, “antique”, “taupe”, or “sandstone”. Quarter-tones Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. Mid-tones Half-way between light and dark. Shadow-tones Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. Color Chart Manufacturer: PMS, Porter Brand (P), Duron (D), Name: Color tile No. Reference Number Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s) MILTON ZONING ORDINANCE Page 16 of 24 Text Amendment – RZ08-04 – 5/27/08 PC MILTON ZONING ORDINANCE Page 17 of 24 Text Amendment – RZ08-04 – 5/27/08 PC MILTON ZONING ORDINANCE Page 18 of 24 Text Amendment – RZ08-04 – 5/27/08 PC MILTON ZONING ORDINANCE Page 19 of 24 Text Amendment – RZ08-04 – 5/27/08 PC MILTON ZONING ORDINANCE Page 20 of 24 Text Amendment – RZ08-04 – 5/27/08 PC ATTACHMENT B Characteristics of Northwest Fulton Crossroads Communities The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural crossroads communities in the City of Milton. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in the City of Milton. Commercial development in the City of Milton has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to twenty feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings’ design and architectural details are elements that maintain the value of the communities and contribute to the sense of place in the City of Milton. More than being a place for commerce, they provide the sense of identity, ownership, community and evolution. Many of the commercial buildings were built from the late 1800's to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular foot print. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into 6 lights over 6, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main facades are more articulated that the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. MILTON ZONING ORDINANCE Page 21 of 24 Text Amendment – RZ08-04 – 5/27/08 PC The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double-hung sash with the sashes divided into 6 lights over 6, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in Attachment B. Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In many cases style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in Attachment B. Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. MILTON ZONING ORDINANCE Page 22 of 24 Text Amendment – RZ08-04 – 5/27/08 PC Formatted: Font: 11 pt, Bold MILTON ZONING ORDINANCE Page 23 of 24 Text Amendment – RZ08-04 – 5/27/08 PC NORTHWEST FULTON OVERLAY DISTRICT MAP MILTON ZONING ORDINANCE Page 24 of 24 Text Amendment – RZ08-04 – 5/27/08 PC ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 ARTICLE XII-H(1) Crabapple Crossroads of the Northwest Fulton Overlay District AN ORDINANCE TO ADD ARTICLE XII-H(1) TO THE ZONING ORDINANCE OF THE CITY OF MILTON GEORGIA; TO DELINEATE THE CRABAPPLE CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT; AND TO ESTABLISH STANDARDS FOR THE CRABAPPLE CROSSROADS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON , GEORGIA. 12H(1).1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares the purpose and intent of this Ordinance to be as follows: To implement the Crabapple Crossroads Plan of June 4, 2003 and to regulate development in such a way that it will be consistent with the Crabapple Crossroads Plan of June 4, 2003 and with Crabapple’s character. To promote the public health, safety, welfare, history and education by ensuring architectural integrity in the Crabapple area and by preserving the cultural heritage of the Crabapple area. To implement and to provide opportunities for mixed-use development which promote the live work concept and are comprised of commercial, office, institutional, and residential uses that are compatible with Crabapple’s historic and rural village oriented development. To preserve and to ensure the harmony and compatibility of the character of Crabapple by ensuring that building and site design are human in scale. To provide design standards against which plans will be judged for harmony, compatibility and appropriateness as developed based on Crabapple’s historic rural character. To protect 20% of the Crabapple Crossroads as open space. To protect 10% of each project/development as open space. To encourage open space in areas identified in the Crabapple Crossroads Plan. To provide open space that is usable, accessible and lessens the visual impact of development. To develop an interconnected transportation network and to implement a pedestrian-oriented core surrounded by residential uses at its perimeter. To increase transportation modes, to improve mobility, and to improve pedestrian Page 1 of 19 RZ08-05 Text Amendment – 5/27/08 PC circulation by planning and promoting pedestrian oriented developments. To preserve and promote rehabilitation of Crabapple’s historic resources and ensure that existing design characteristics of Crabapple are incorporated into the design standards and that new construction is compatible and complementary with the architectural characteristics of historic resources. To ensure that new construction is compatible and sensitive with Crabapple’s existing character including the spatial relationships between buildings, proportion, scale, design, placement, position and architectural qualities and that a building’s architectural elements are carried out in all four elevations. To ensure that the design of all buildings is compatible with the scale, design, style, placement, position, uniqueness, historic building elements architectural detailing, variation in building massing, visual variety, and street-orientation of buildings in Crabapple, and with planning policies and goals of the Crabapple Crossroads Plan of June 4, 2003. To preserve Crabapple’s historic development pattern that is characterized primarily by single-family residences and neighborhood commercial buildings, many of which were constructed between the late1800s and early 1900s. To encourage a variety of housing choices in Crabapple through the construction of a diverse housing stock. To promote uses that encourage walking, neighborhood businesses as identified in the Crabapple Plan and retail uses that promote the village character. To maintain Crabapple’s existing topography, mature vegetation and natural resources and to minimize severe changes that would impact Crabapple’s established visual character. 12H(1).2. CRABAPPLE CROSSROADS REGULATIONS. The Crabapple Crossroads is section of the Northwest Fulton Overlay District that applies to all parcels in the Crabapple Crossroads Plan of June 4, 2003. The boundary of Crabapple Crossroads section of the overlay shall include all parcels within the map below. The Crabapple Crossroads section of the overlay, approximately 511 acres in 119 parcels, contains the historic mixed-use center of Crabapple and land surrounding it. It is bounded in part by the following subdivisions: Kensington Farms to the north, Waterside to the west, Crabapple Chase and Arbor North to the southwest, Westminster at Crabapple to the south and Mid-Broadwell Trace and St. Michelle to the east. The center of the Crabapple community is at the intersections of Crabapple Road, Birmingham Highway, Mid-Broadwell Road, Mayfield Road and Broadwell Road. Page 2 of 19 RZ08-05 Text Amendment – 5/27/08 PC CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. If standards are not specified in the Crabapple Crossroads Section, then standards of the Northwest Fulton Overlay District shall apply. Whenever provisions of this Article conflict with the City of Milton Zoning Ordinance or any other City of Milton ordinances, or regulations, these standards shall prevail. 12H(1).3 DESIGN REVIEW BOARD. The City of Milton Overlay District Design Review Board, as set forth in Section 12H.2. of this ordinance shall review for approval all plans for development except detached single family residential in Crabapple Crossroads for compliance with the standards herein herein and shall make recommendations to the Department of Community Development prior to the approval of a Land Disturbance Permit, Building Permit, or Primary Variance, Land Disturbance Permit and for both residential and non-residential structures for a Demolition Permit. Page 3 of 19 RZ08-05 Text Amendment – 5/27/08 PC 12H(1).4. DEVELOPMENT STANDARDS. A. Site Design 1. On site creeks should be integrated into the site as amenities. 2. New construction shall conform to the existing topography as much as possible subject to approval by the Manager of the Community Development Department. 3. Building shall be avoided on sites with slopes greater than 25%. 4. Where retaining walls are required, they shall be faced with indigenous rock or brick. Use of landscape timber as exterior treatment in retaining walls is prohibited. Retaining walls above 5 feet shall have evergreen plantings in front or as approved by Community Development Manager. 5. Detention facilities shall be designed pursuant to the Alternative Design Standards described in the Milton 2005 Subdivision Regulations. 6. Design shall follow the natural landforms around the perimeter of the basin. Side slopes of basins shall not exceed one-foot vertical for every four foot horizontal. B. Streets Notwithstanding the provisions of the Milton Subdivision Regulations and requirements of the City of Milton Transportation Engineer, new streets within the Crabapple area shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State’s standards may prevail. The Crabapple Plan calls for three types of streets to create an enhanced road network. Each street type has on-street parking (optional on Neighborhood Streets-Type C), landscape strips, sidewalks and setback standards. Page 4 of 19 RZ08-05 Text Amendment – 5/27/08 PC 1. Village Main Street (Type A): Mayfield Road and Crabapple Road are designated as Village Main Streets. The Village Main streetscape standards are: a. Minimum Landscape Strip: 8 feet b. Minimum Sidewalk width: 8 feet c. Building setback: 0 to 10 feet maximum d. On street parking: To be located in Village Mixed Use and Village Office/Residential land uses, optional in other land uses. Bulb-outs to be located at the intersections in Village Mixed Use and Village Office/Residential. Page 5 of 19 RZ08-05 Text Amendment – 5/27/08 PC 2. The Village Secondary Street (Type B) Birmingham Highway and Broadwell Road and around the mixed-use area and the schools are designated as Village Secondary Streets. Village Secondary Street (Type B) streetscape standards are: a. Minimum Landscape Strip: 7 feet b. Minimum Sidewalk Width: 5 feet c. Building Setback: 10 to 20 feet maximum d. On Street Parking: along Village Mixed Use and Village Office/Residential land uses, but optional in other land uses. Page 6 of 19 RZ08-05 Text Amendment – 5/27/08 PC 3. The Neighborhood Streets streetscape (Type C) All residential streets are designated as Neighborhood Streets. In Village Mixed Use, Village/Office Residential and Sub Village Residential A, the Neighborhood Streets streetscape (Type C) standards are: a. Maximum design speed: 25 miles per hour b. Minimum Landscape Strip: 7 feet with curb and gutter and 10 feet with swales c. Minimum Sidewalk Width: 5 feet d. Maximum Building Setback: See table in Residential section e. On Street Parking: Optional In all other Residential and agricultural land uses, the Neighborhood Streets streetscape (Type C) standards are: f. Maximum design speed: 25 miles per hour g. Minimum Landscape Strip: 10 feet swales h. Minimum Sidewalk Width: 5 feet i. Maximum Building Setback: See table in Residential section or as determined by the Community Development Manager. j. Swales shall have a slope of 2% or less. k. Trees shall not be planted in the center line of water flow. l. Red Maple, river birch, willow, and birch cypress are recommended for planting in swales or other trees as recommended by the Milton arborist. Page 7 of 19 RZ08-05 Text Amendment – 5/27/08 PC C. Landscaping and Buffers 1. A minimum 6-foot wide landscape strip between the road the sidewalk is required along Mayfield Road and Crabapple Road. 2. A minimum 5-foot wide landscape strip between the road the sidewalk is required along Birmingham Highway and Broadwell Road around the mixed use area and the schools. 3. A minimum 5-foot wide landscape strip with curb and gutter between the road the sidewalk is required for all new residential streets for Village Mixed Use, Village Office Residential and Sub Village Residential A. A 10-foot wide landscape strip with swale is required for all new residential streets in the other Residential land uses. 4. Specimen trees should be preserved to the extent possible. 5. Street trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the Milton Tree Preservation Ordinance and Administrative Guidelines. 6. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist 7. Trees shall be trimmed up to 7 feet or not impede pedestrians. 8. Street lights and pedestrian lights may be placed in the landscape strip as Long as long as they don’t interfere with future tree growth. 9. Additional landscaping elements of trees, shrubs, grass and ground cover may be provided in building setbacks. 10. Parking lots shall include landscape islands per the Zoning Ordinance of City of Milton and the Milton Tree Ordinance 11. Buffers: Parcels at the periphery of the Crabapple Crossroads shall have a 25 foot buffer and 25 ft building setback to provide a transition between the parcels in the Crabapple Crossroads and those outside of it. D. Sidewalks and Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and should be offset as specified in section 12H(1)4.B. Meandering sidewalks around existing trees is subject to the approval of the City of Milton Arborist. Page 8 of 19 RZ08-05 Text Amendment – 5/27/08 PC 2. Sidewalk materials shall be continuous across the entire length of all driveways. The driveway shall match the appearance of sidewalk materials, in color, texture and design. 3. Design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape Project. 4. Sidewalks for all new projects shall connect with existing sidewalks and paths. 5. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. In Village Mixed Use and Village Office/Residential land use, clear pedestrian paths between buildings, sidewalks and parking lots shall be established with minimal interruption of pedestrian paths by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall connect residential development, open space, institutional uses and nonresidential developments as reviewed by the Community Development Department. E. Streetscape Lighting and Street Furniture 1. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Lighting shall also be shown on the landscaping plan. Future mature growth vegetation shall not conflict with proposed lighting. 2. Street lighting and pedestrian lighting shall meet the Crabapple Streetscape standards. 3. Developments in the Village Mixed Use and Village Office/Residential shall include street lighting and pedestrian lighting in the streetscape. 4. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. If installed, benches and trash containers shall be selected from the Crabapple Streetscape standards. 5. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side corner yard setbacks. Page 9 of 19 RZ08-05 Text Amendment – 5/27/08 PC 6. Awnings can project over sidewalks. F. Block Size and Block length 1. Land shall be subdivided into block sizes that range from 2 to 10 acres. Blocks with a mix of uses should be 2 to 5 acres. 2. Each side of residential blocks shall not exceed 660 feet in length. 3. Each side of Village Mixed Use and Village Office/Residential blocks shall not exceed 400 feet in length. 4. Double frontage lots are not allowed. 5. New streets should not be created which require rear yards of new buildings nor opaque fencing to face an existing public right of way (except alleys). G. Colors All buildings shall meet these color standards. All exterior building materials, architectural and decorative elements, and sign structure colors must be selected from the list provided. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Page 10 of 19 RZ08-05 Text Amendment – 5/27/08 PC Permitted Colors Base Colors – Primary Building material Pantone Colors Accent Colors – allowed for architectural elements, roof, accents, awnings, structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 466 C&U 4645 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4504C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 H. Open Space 1. Each development shall indicate 10% of the site as open space. The openspace can include environmentally sensitive areas, streams and stream buffers, multi-use paths, pocket parks and public parks. In the portions of the study area in the Chattahoochee River basin (i.e the sewered portions of the study area) a maximum 50% of the required open space shall be environmentally sensitive areas, streams, stream buffers. 2. The open space shall be accessible for pedestrian use and usable. It shall not include any portion of lots nor required landscaping and setbacks. 3. To the extent possible, new development projects should provide access to the three parks which are identified in the Crabapple Crossroads Plan of 2003. The open space should be located adjacent to and connected with these three parks: along the two streams in the NW quadrant, along the City of Alpharetta lake in the SW quadrant and along the lake on Mayfield Road in the NE quadrant. In addition, open space with paths is encouraged. Page 11 of 19 RZ08-05 Text Amendment – 5/27/08 PC 12H(1).5. COMMERCIAL, OFFICE and INSTITUTIONAL DEVELOPMENT STANDARDS. All nonresidential standards apply to renovation existing and construction of new structures, used for non-residential purposes, within the area defined within the document. A. Driveways and Parking for Nonresidential Uses 1. Driveway access to non-residential buildings should be located at the side or rear of the principal structure. 2. In commercial areas, inter-parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. 3. Parking and driveways shall be made out of gravel, concrete or pavers. Stamped and/or colored concrete surfaces shall also be acceptable surface treatments. Asphalt shall not be allowed. 4. Any parking over the amount required by the City of Milton Zoning Ordinance shall be surfaced with gravel or grass pavers. 5. Parking may be shared pursuant Article 18 of the City of Milton Zoning Ordinance. 6. On-street parking can be counted as part of the minimum number of required parking spaces. 7. In the mixed use and office/residential land use areas and on Type A Village Main Streets and Type B Village Main Streets, streetscape bulb-outs shall be located at all intersections and to the extent possible one bulb out shall be required for every five on-street parking spaces. Location, design and plantings in the bulb-outs are subject to the approval of the City of Milton Community Services Department. Page 12 of 19 RZ08-05 Text Amendment – 5/27/08 PC B. Non-Residential Building Design 1. The building façade facing a public right of way shall have exterior building wall offsets, including projections, recesses every 40 feet in order to add variety. 2. Pitched roofline offsets shall be provided every 40 feet to relieve the effect of a single roof and to add variety. 3. Appropriate and safe view angles and pedestrian crossings at exits and entrances should be provided. 4. Corner building facades shall be parallel with the street (see illustration). 5. The buildings materials and design applied to the façade, shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. 6. Architectural accent material may include hard coat stucco. 7. The permissible roof types are gable, pyramidal, and hip as well as flat roof. A minimum four foot parapet wall on all four sides or sufficiently high enough to screen roof mounted equipment from views from the right-ofway, shall be required. Shed roofs are permitted over porches, additions, and accessory structures. 8. There shall be no pitch requirement for a roof. 9. Window standards are as follows: a. Sash windows shall have divided lights. Page 13 of 19 RZ08-05 Text Amendment – 5/27/08 PC b. Muntins and mullions shall be true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass. c. The scale of the window and doors should be appropriate to the wall in which it is placed. The front façade shall have windows and door openings to consist of a minimum of 20% of the size of the front façade. The other elevations shall have window and door openings to consist of a minimum of 15% of the size of the corresponding elevation. Windows shall be provided on each floor. d. No window shall exceed 32 square feet and no grouping shall exceed 100 square feet. Metal mullions are prohibited. e. Windows in elevations facing a public right of way shall be predominantly vertical in orientation. Store front type windows are allowed on the front façade. f. Window sills shall be placed a minimum of two feet above finished grade. g. Window frames on front facades shall not be metal. 10. Exterior machines, for the purpose of vending and dispending prohibited. 11. Propane tanks and other gas tanks and their storage containers shall be either screened and located on the side or rear or as directed by the Fire Marshall so that items cannot be seen from the street. 12H(1).6. RESIDENTIAL STANDARDS. A. Applicability The Crabapple Crossroads Residential Standards shall apply to townhomes and multi-family residential properties and structures. However building setbacks and frontage requirements shall apply to all residential uses. B. Residential Site Requirements 1. The required lot frontage and building setbacks are as follows: Page 14 of 19 RZ08-05 Text Amendment – 5/27/08 PC 2. Building separations shall be subject to the requirements of the Standard Building Code and the Life Safety Code. C. Driveways 1. Turnarounds and permanent off-street parking are not permitted between the principal structure and a public street. 2. No more than one driveway shall be allowed per single family residence. 3. A driveway serving a single residential unit shall not exceed 12 feet in width up to the front façade of a house, including the flare at the street. 4. Driveways shall be gravel, concrete or pavers. Asphalt driveways are prohibited. 5. Driveways shall be located at least 5 ft from a parcel line. D. Building Orientation 1. The front façade, front porches, and front doors of the principal residential structure shall face and be parallel to the street. Page 15 of 19 RZ08-05 Text Amendment – 5/27/08 PC 2. There shall be no double frontage lots (except for private alleys). 3. Duplex units shall be located side by side or above and below facing a public street. Duplexes shall not be of a front/back configuration. E. Garages 1. Garages shall not extend beyond the front façade or primary building line of the residential structure. Garage entrances are prohibited on the front façade of the residential structure (see exemption in item 3 below). 2. Garages can be located in the rear or the side of the residential structure. Garages can be located in the rear of the lot and house (either attached or detached) accessed from an alley or in the rear of the house and lot (either attached or detached) accessed from a side drive. 3. Garages can be located to the side of the house with a front garage entrance set back at least half the distance of the depth of the house. 4. The garage can be flush with the front façade of the house with the entrance on the side elevation as long as the garage feature is undistinguishable from the front elevation. F. Fences and Walls 1. Fences shall be constructed of brick, stone, ornamental iron, wood pickets or wood boards or a combination thereof. 2. Fences not exceeding four feet in height may be erected in the front yard and along the right-of-way. 3. Fences along any right of way shall not be opaque. 4. Fences and walls not exceeding six feet in height may be erected in the rear and side yards. Six feet high side yard fences shall start half way back the depth of the house. 5. Access to alley ways may be fenced and entry controlled via a gate(s). Gates shall not be opaque. 6. In the event of the construction of a conventional detention facility, exterior portions of concrete retention ponds shall be faced with stone of brick. 7. Chain link fences are prohibited, except as required along detention/retention ponds and along recreational facilities. Chain link fences shall be black clad in vinyl and be screened with a 20 ft landscape strip, planted at buffer standards. Page 16 of 19 RZ08-05 Text Amendment – 5/27/08 PC 8. Other than retaining walls, walls shall not be erected in the front yard or in yards adjacent to a public street. Retaining walls shall be faced with stone or brick. G. Accessory Structures 1. Permanent accessory structures larger than 150 square feet, including detached garages, shall be built of similar exterior buildings materials as the principal structure and shall be located in the rear yard. 2. All mechanical equipment visible from a public street shall be screened with vegetation and/or fence materials. If it is a corner lot, then is shall be screened from the front view from both street frontages. 3. Private recreation and amenity areas (with the exception of paths) shall be placed internal to a development and shall not have frontage on Mayfield Road, Birmingham Hwy, Crabapple Road, Broadwell Road nor Mid- Broadwell Road. H. Residential Building Design 1. The building façade facing a public right of way shall have building wall offsets, including projections, recesses to be used every 40 feet in order to add variety. 2. Townhome developments shall not contain more than 5 connected units in a single building massing. Each townhome in a townhome building shall have the same building materials. When a townhome is located on a corner, architectural elements and details of the house shall continue on the side of the house along the street. 3. Maximum Building height shall be 30 feet to the eave of the building measured at the front façade. 4. Allowed exterior materials are: horizontal wood lap siding, cementitious lap siding, vertical board and batten, brick, and stone. Hard coat stucco shall only be allowed for trim areas. The building materials applied to the front façade shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. Page 17 of 19 RZ08-05 Text Amendment – 5/27/08 PC 5. Vinyl or aluminum siding, glass curtain walls, concrete masonry units, exterior insulation and finishing systems (EIFS), exposed concrete masonry units (CMU), concrete foundation walls are prohibited as exterior building materials. 6. Roof types shall be side gable, cross gable, front gable, and hip. Shed roofs are allowed on porches. Roofs shall be made out of asphalt shingle, wood shingle, wood shake, slate or standing seam metal. Skylights shall be flat (bubble and geometric skylights are prohibited). They shall be placed to the rear of the house. 7. Windows in the front façade shall be predominantly vertical in orientation. 8. Windows frames of windows on the front façade shall not be made out of metal. 9. If muntins or mullions are used, they shall be either true divided lights or simulated divided lights (clip-ons are allowed). 10. Front doors shall be wood panel or have a combination of wood and glass (such as French doors) or shall have the appearance of wood. 11. Exterior chimneys shall originate at the grade. Exterior chimneys shall be faced with stone or masonry. Chimneys that originate at the interior can be faced with hard coat stucco. Chimneys shall not be covered with siding. 12. A paved walkway from the front sidewalk to the front entry or front porch on the principal structure shall be provided for houses set back less than 30 feet and encouraged for houses with larger setbacks. 13. One front porch shall be required for every five groupings of townhomes. Two porches shall be required for every four groupings of townhomes. One porch shall be required for every three groupings of townhomes. 14. Front porches may extend 10 feet into the setback. Porches must have a minimum depth of six feet. 15. Porches for quadruplex residences may be shared. 16. If shutters are used, they shall fit the size of the window. 17. Decks are allowed only to the rear of the principal structure. They shall be not extend beyond the width of the building. Page 18 of 19 RZ08-05 Text Amendment – 5/27/08 PC 12H(1).7. EXISTING HISTORIC STRUCTURES. This includes all structures identified in the 1996 Historic Resources Survey used for non-residential uses. A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. E. Where improvements and or alterations do not exceed 50% of the square feet of the structure, applicants shall be exempt from the review by the City of Milton Overlay District Design Review Board. Page 19 of 19 RZ08-05 Text Amendment – 5/27/08 PC ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21, 2006 ARTICLE XII-H(2) Birmingham Crossroads of the Northwest Fulton Overlay District A RESOLUTION TO ADD ARTICLE XII-H(2) TO THE ZONING RESOLUTION OF FULTON COUNTY, GEORGIA; TO DELINEATE THE BIRMINGHAM CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT IN UNINCORPORATED NORTH FULTON COUNTY; AND TO ESTABLISH STANDARDS FOR THE BIRMINGHAM CROSSROADS. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY, GEORGIA. 12H(2).1. PURPOSE AND INTENT. The Board of Commissioners of Fulton CountyMayor and Council of the City of Milton, Georgia hereby declares the purpose and intent of this Resolutionordinance to be as follows: To implement the Birmingham Crossroads Plan, the Birmingham Design Guidelines and the 2015 North Fulton Comprehensive Plan “Maintaining the Rural Character in Northwest Fulton County. To implement village type pattern development at the Birmingham Crossroads by having buildings with a pedestrian scale, variation in building size, architectural detailing, variation in building massing, and street-orientation. To protect at least 10% of the Birmingham Crossroads as open space. To have a village green incorporated in the development of the Northeast and Southeast quadrants of the Crossroads that gives the continuous appearance on both sides of Birmingham Road. To promote a pedestrian oriented development by dividing the land in the Birmingham Crossroads into small walkable blocks with the construction of an internal road system. To balance the needs of pedestrians and automobiles by incorporating on-street parking, cross walks, pedestrian crossings, landscape strips, alternative paths and sidewalks along existing and internal roads. To contain development at the Birmingham Crossroads, within the physical boundaries of 27.1 acres, by placing septic systems at the perimeter of non residential development and then by having a buffer at the exterior of the septic systems. To encourage the preservation of historic resources and to encourage incorporation of historic resources identified in the 1996 North Fulton Historic Resources Survey into MILTON ZONING ORDINANCE Page 1 of 20 Text Amendment – RZ08-06 – 5/27/08 PC new developments. To encourage the preservation of the rural area by preserving the night sky. 12H(2).2. BIRMINGHAM CROSSROADS REGULATIONS. The Birmingham Crossroads is a section of the Northwest Fulton Overlay District. This article, XII-H(2), applies to all parcels included in the Birmingham Crossroads Plan of March 3, 2004, excluding single residential uses. The Birmingham Crossroads is located at the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. The boundary of the Birmingham Crossroads section of the Northwest Fulton Overlay (i.e. this article XII-H(2)) shall include all parcels within the outlined area on the map below. The Birmingham Crossroads section of the Northwest Fulton Overlay is 27.1 acres and contains the historic mixed-use center of Birmingham and land surrounding it. If standards are not specified in this Article, then standards of the Northwest Fulton Overlay District (Article XII-H) shall apply. If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. Whenever provisions of this Article conflict with any other Article in the Zoning Resolution of Fulton County or any other Fulton County ordinances, regulations, or resolutions, these standards shall prevail. 12H(2).3. DESIGN REVIEW BOARD. MILTON ZONING ORDINANCE Page 2 of 20 Text Amendment – RZ08-06 – 5/27/08 PC The Northwest Fulton Overlay DistrictCity of Milton Design Review Board (Article XII-H) as set forth in Section 12H.2 of the resolutionordinance, shall review for approval all plans for development in Birmingham Crossroads for compliance with the standards herein and “the Birmingham Crossroads Guidelines” and shall make recommendations to the Department of Community Development prior to the approval of a Land Disturbance Permit, Building Permit, and for both residential and non-residential structures for Demolition Permit or Primary Variance. 12H(2).4. DEVELOPMENT STANDARDS. A. Streets Notwithstanding the provisions of the Fulton County Subdivision Regulations and requirements of the City of Milton Transportation Engineer, existing and new streets within the Birmingham Crossroads shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State’s standards may prevail. The Birmingham Plan calls for the existing roads – Birmingham Highway, Birmingham Road and Hickory Flat Road to promote village and pedestrian oriented development by balancing the needs of pedestrians and automobiles. 1. Existing Roads-The existing roads, Birmingham Highway, Birmingham Road, MILTON ZONING ORDINANCE Page 3 of 20 Text Amendment – RZ08-06 – 5/27/08 PC Hickory Flat Road, shall meet the following standards a. Minimum Landscape Strip: 6 feet b. Minimum Sidewalk width: 6 feet c. Building setback: 10 feet maximum in the Village center and 20 feet maximum in the Rural Section. d. On street parallel parking: 8 ft wide on county roads and bulb-out at the intersections when possible on County roads Internal Road Cross section 2. Internal Road System- Each quadrant shall have an internal road that will link two existing roads. Curb cuts from existing roads shall be minimal. Instead access to each quadrant shall be from an internal road. Internal roads shall meet the following standards: a. Travel lanes: 10 feet b. Minimum Landscape Strip: 6 feet c. Minimum Sidewalk width: 5 feet d. Building setback: 0 to 10 feet maximum in the Village center and 20 feet maximum in the Rural Section. e. On street parallel parking: 7 ft wide B. Landscaping 1. Specimen trees should be preserved to the extent possible. The landscaping shall reflect the rural context. It should be simple, informal, naturalistic in design and use native and naturalized vegetation. MILTON ZONING ORDINANCE Page 4 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 2. Shade trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the City of Milton Tree Preservation Ordinance and Administrative Guidelines. The Georgia Department of Transportation may have some limitation on the planting of street trees along Birmingham Hwy. 3. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist. 4. Street trees shall be trimmed up 7 feet to not impede pedestrians. 5. Street lights and pedestrian lights may be placed in the landscape strip. 6. Landscape islands in parking lots shall meet standards in section 4.23. of the Zoning Ordinance. 7. Street trees shall be a minimum of 4” caliper or as approved by the City of Milton Arborist. C. Sidewalks and Pedestrian Paths 1. Sidewalks or pedestrian paths are required along all public and private road frontages and may meander around existing trees subject to the approval of the Fulton County Arborist. 2. Pedestrian paths may be installed instead of sidewalks as approved by the Manager of Community Development Department. 3. Sidewalks widths shall be a specified in section 12H(2).4. Pedestrian paths shall be a minimum of 5 feet wide. They shall be made out of a hard surface material such as concrete, brick or pavers. Paths may be gravel or gravel dust as approved by the Community Development Manager. 4. Sidewalks for all new projects should connect with existing walks, where applicable. 5. Paths from the sidewalk to the buildings, between buildings, and to parking lots should be established with minimal interruption by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. MILTON ZONING ORDINANCE Page 5 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 7. To the extent feasible, paths shall be designed to connect to existing or future paths and to developments adjacent to the Crossroads. 8. Sidewalks and pedestrian paths shall be indicated on the site plan submitted at the time of the application for a Land Disturbance Permit. D. Street Furniture 1. The Birmingham Crossroads shall have consistent streetscape furniture, including, but not limited to, benches, trash baskets, newspaper dispensers. 2. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. 3. The design of the streetscape furniture shall be timber form construction as suggested in the Design Guidelines and is subject to approval of the Manager based on a recommendation of the NW Fulton DRB. 4. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side yard setbacks. E. Streetscape Lighting 1. A single style and color of light fixtures and poles should be used throughout the Crossroads development. It shall be compatible with the streetscape furniture. 2. The design of the streetscape lighting should have a galvanized metal hood, with black pole, arm and brace as suggested in the Design Guidelines. Lighting fixtures are subject to approval of the Manager based on a recommendation of the NW Fulton DRB and per the approval of the City of Milton Community Services Department. 3. All lighting should be fitted with cut-fixtures to prevent light spillover. 4. Pedestrian lighting shall be a maximum of 15 feet high. They should be installed at 40 to 60 feet intervals along sidewalks with a maximum 2 foot candle power. 5. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. MILTON ZONING ORDINANCE Page 6 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 6. All exterior lighting fixtures (luminaires) shall be either full cutoff or cutoff type. 7. Light trespass (spill light) at a residential or nature preserve property line shall not exceed 0.1 fc vertical at 3 feet above grade. Light trespass at other property lines shall not exceed 0.5 fc vertical at 3 feet above grade. 8. Light levels in all areas may not exceed the recommended limits or values established by the IESNA Handbook, 8th edition. 9. Externally illuminated signs must be illuminated from the top- shining downwards, not exceeding 15 fc. 10. Up lighting of flags, steeples, monuments and buildings must use narrow beam, shielded luminaries not to exceed 7 fc. 11. For drive-under canopies and pump islands, the average horizontal luminance on the pavement shall not exceed 7 fc under the canopy. The luminaire shall be recessed into the canopy ceiling so that the bottom of the luminaire does not extend below the ceiling. 12. Full cutoff luminaries only shall be used for all service and security lighting. 13. Sodium vapor luminaries (yellow light), promotional beacons, search lights, laser source lights, strobe lights or any similar light, out-of-season lighting (for example Christmas lights), series, lines or rows of lights, flashing, changeable message or reader boards and lighting used for causing sky glow to attract attention are prohibited. 14. Lighting allowed under state and federal law, outdoor luminaries existing and legally installed prior to the effective date of this amendment, emergency lighting by police, fire, ambulance and rescue, and light sources for holiday decorations (but not outdoor seasonal sales) are exempt from the provisions of this ordinance. F. Screening 1. To the extent possible, items shall be screened by placement to the rear of a building. MILTON ZONING ORDINANCE Page 7 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 2. Dumpsters shall be screened from view from adjacent roads, sidewalks and paths. In addition, the dumpster shall be enclosed on three sides with a masonry wall. The wall should be faced with brick or natural stone and compatible with the adjacent architectural design, materials and colors. The enclosure shall be a foot higher than what is contained in the interior. To the extent possible, a common location for dumpsters should be used. 3. Loading and other service areas shall be located to the rear of buildings where least visible. Evergreen trees should be used to screen views of service areas. 4. Parking lots, bumpers, wheels and paving shall be screened with vegetation planted between 30-36 inches tall. Evergreen shrubs should be used for low-level screening of parking lots, sidewalks. Berms without landscaping are not an appropriate screening technique. 5. Rooftop and building mounted mechanical and electrical equipment shall be screened from view by a parapet wall or roof screen. If on the ground, equipment shall be screened with landscaping. G. Fencing 1. Allowed fencing types and materials are: split rail, stacked stone wall or brick columns with horizontal boards, picket (not off the shelf variety), vegetative hedges, 3-4 horizontal board horizontal rail, horse wire ( no climb 2” x 4”) and no climb wire (see examples and photos below). Posts shall be no more than 6” taller than fence. 2. Horse wire (no climb 2” x 4”) and chain link fence around retention areas must be clad in black vinyl. 3. Prohibited fencing materials are: unclad chain link, vinyl, PVC, aluminum picket, and metal. MILTON ZONING ORDINANCE Page 8 of 20 Text Amendment – RZ08-06 – 5/27/08 PC MILTON ZONING ORDINANCE Page 9 of 20 Text Amendment – RZ08-06 – 5/27/08 PC H. Parking Lots 1. Parking lots shall be located behind and to the side of a building. 2. The amount of parking required by the City of Milton Zoning Ordinance shall be reduced by 10%. 3. Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the Tree Ordinance. 4. Parking lots shall be surfaced with crushed gravel on appropriate base, asphalt, concrete, or exposed aggregate. Pervious materials such as gravel and grasscrete pavers (not bituminous paving) could be used and particularly in areas that have parking spaces in excess of the minimum amount required by the City of Milton. 5. Marked on-street parking shall be counted as part of the minimum number of required parking spaces. I. Open Space 1. A minimum of 10% of open space shall be set aside in each overall development. This shall not include septic fields, detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space. 2. Within land designated as Retail Services in the 2015 Land Use Map in the Northeast and Southeast quadrants, land shall be set aside as a “Village Green”. The size of the Village Green in each quadrant shall be as set forth in the table below. 3. The Village Green shall be a simple lawn area canopy trees serviced by sidewalks. There could be hardscape features such as plazas, benches, lighting and other furniture to serve pedestrians. The park should be designed to be an attractive day and evening setting for either individual usage or special community events. MILTON ZONING ORDINANCE Page 10 of 20 Text Amendment – RZ08-06 – 5/27/08 PC J. Miscellaneous Provisions 1. Except as provided for in Article 19, the storage and/or sale of goods is prohibited in parking lots and other areas outside of the interior or permanently sheltered portions of a building. 2. LP tanks and ice machines are allowed outside provided they are screened from view. 3. Storage of shopping carts is allowed on the side of buildings without a permit. 4. Shopping carts shall be screened. 5. Hours of operations shall be from 6:30 a.m. to 11:00 p.m. 6. Free-standing fast food restaurants are prohibited. (Amended 10/06/04) 7. Except for one (1) lane for a drug store and two (2) lanes for a financial institution, drive-thrus are prohibited. Drive-thrus shall be screened from view from the public right-of-way subject to the approval of the Manager based on a recommendation by the Northwest Fulton Design Review Board and the City of Milton Arborist. (Added 10/06/04) 8. Drive-ins/ups are prohibited. (Added 10/06/04) 12H(2).5. BUILDING SETBACK AND DESIGN. All nonresidential standards apply to existing and new structures, used for nonresidential purposes, within the area defined as the Birmingham Crossroads. Buildings should be designed in conformance with traditional historic building placement and massing. Buildings may be executed using historic styles, or may be new and innovative interpretations of local architectural traditions. Details must be simple and concise, erring on the side of austerity. Avoid nostalgia and excess ornamentation, and strive for direct and bold expression. Building designs area categorized as “Village center” or “Rural section” depending on MILTON ZONING ORDINANCE Page 11 of 20 Text Amendment – RZ08-06 – 5/27/08 PC their location within the Birmingham Crossroads. Village center buildings are to be located along the existing roads and within 400 feet of the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. Rural section buildings are to be located beyond 400 feet of this intersection. The location of both is indicated in the map below. Village center buildings shall be placed at the property frontage. The most prominent aspect design aspect is the street façade. Rural buildings are placed away from the core line forming a more casual transition to the “Countryside”. A. Building setback 1. Village center buildings shall be set back 10 feet maximum from existing roads and/or internal roads and drives. (Amended 11/03/04). 2. Rural section buildings shall be set back 20 feet maximum from the property line. 3. Village core buildings shall be located at least 75 feet from the overall development boundaries. B. Building Design MILTON ZONING ORDINANCE Page 12 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 1. Buildings at the Village center shall have village/main street characteristics (as shown in drawings a & b below). Buildings in the rural section of the crossroads should have an informal rural design (as shown in drawings d & c). MILTON ZONING ORDINANCE Page 13 of 20 Text Amendment – RZ08-06 – 5/27/08 PC MILTON ZONING ORDINANCE Page 14 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 2. Buildings shall have a variety in their size, massing, height (including two-story buildings) and detailing. Visual interest shall be achieved through the use of at least one of the following architectural element: balcony, porch, marquee, or façade off-sets. 3. Buildings shall be oriented to sidewalk and street. 4. Primary building entrances shall face the sidewalk and street. Secondary entrances may be located on side and rear elevations. 5. Building facades facing a right of way shall have buildings wall offsets, including projections and recesses, every 40 feet to provide architectural and visual interest and variety. 6. Trim, fenestration, materials and composition shall be present on all sides. The facades of buildings in the Village Core may be more pronounced by the incorporation of architectural elements than other elevations. 7. The building materials applied to the front façade shall continue in the same proportion on all exterior elevations. 8. Allowed exterior wall materials are: horizontal lap siding, board and batten, wood shingle, wood mould brick, and stone. Metal shingle, corrugated or 5-v metal are allowed for agricultural style buildings in the rural section. Avoid novelty shapes on shingles. Clapboard must be wood or cementitious. Board and batten must be wood or cementitious MILTON ZONING ORDINANCE Page 15 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 9. Prohibited exterior materials are: synthetic stone, concrete stone veneer, stucco and exterior insulation finish material, vinyl and metal siding. Prohibited trim materials are: Howe casings, manufactured dentils, standard brick mould. 10. Allowed foundation materials are stacked stone, cut stone and brick. Rural foundation materials can be poured concrete finished with smooth stucco, brick, or stacked stone. Foundations may be formed out of poured concrete or concrete masonry units. 11. Porches shall have stone, brick or masonry piers. Concrete masonry units shall be finished in smooth stucco on masonry or concrete formed of horizontal wooden boards. 12. Windows: a. Windows that open to the interior shall be included on elevations facing a sidewalk or street. Windows in the front façade shall be predominantly vertical in orientation. b. Windows shall be present on side elevations. Village core buildings can have minimal windows on the sides and rear of the building. c. For Village Core Buildings windows or glass storefronts are required on elevations facing a street. Storefront windows (large windows located on the façade with the main entrance) shall comprise a maximum of 50% of the façade width. d. The size of any individual plate glass panel for store front windows is limited to 32 square feet. Panels may be grouped together with heavy mulls separating the panels. Glass storefronts must be a minimum 9’0” in height. e. Storefronts on the street frontage may be built with entryways recessed from the sidewalk, but not exceeding 50% of the façade width. f. Facades with a storefront shall have a contrasting masonry base 1-6” to 2’ feet in height. MILTON ZONING ORDINANCE Page 16 of 20 Text Amendment – RZ08-06 – 5/27/08 PC g. Windows not located on the façade must be true divided lite (real muntins, or TDL), simulated divided lite (glass sandwiched between glass, or single divided lights-SDL). They may be wood, clad wood, or polymer and must be paint grade. Industrial metal sash is acceptable (not to be used on residential doublehung type windows). h. Tinted and reflective glass, GBGs (grill between glass), reflective glazing, and pop in grilles are prohibited. 13. Shutters may be solid core polymers, or durable hardwoods. Vinyl, nailon, false wood graining and pre-finished shutters are prohibited. 14. Village Core doors can be wood or a combination of wood and glass. 15. Rural section doors shall be wood. 16. Garage doors must be utilitarian in character and may be wood or metal 17. Plastic laminated, standard 6 panels stamped metal, and leaded/beveled glass lights are prohibited. Standard garage paneled doors are prohibited. Avoid faux strap hinges, and embellishments. 18. Chimneys stacks must be faced in masonry material. Sheet goods including hardboard stucco and siding are prohibited on chimneys. Metal stacks are acceptable. 19. Porches are encouraged throughout the Birmingham Crossroads. Village Core buildings are encouraged to have a 1 or 2 story porch on the street frontages or a marquee on the first story. Rural buildings are encouraged to have front porches that span at least 75% of the façade. 20. Porch columns must be wood, resin material, cast iron, brick, stone or masonry. Allowed columns types are Greek Doric, fluted or plain. Full 2 story and sheet metal columns are prohibited. 21. Railing systems shall be painted wood or metal. Railings must be simple, round, plain or tapered. 22. Synthetic and pre-fabricated railing systems, classical balusters and spindle-work, synthetic composition decking material are prohibited. MILTON ZONING ORDINANCE Page 17 of 20 Text Amendment – RZ08-06 – 5/27/08 PC 23. There shall be no pitch requirement for a roof. Village core buildings must have low pitched roofs or must have flat roofs surrounded by parapet walls that screen mechanical units. Rural buildings must be pitched. 24. Allows roofing materials are: wood shingles, wood shakes, standing seam metal, corrugated metal, 5-V paint grip galvanized metal or slate. Flat roofs may be membranes if not visible from the right-of-way. Prefinished metal roofs are prohibited. 25. Vents and stacks shall be painted and hidden from view to the greatest extent possible. C. Colors All buildings shall meet these color standards. Earth tone and off-white colors are encouraged. All exterior building materials, architectural and decorative elements and sign structure colors must be selected from the list provided. Brick should be wood mould in the brown to Georgia red clay range. Mortar colors range from river sand to native clay. Non-historic brick textures and colors such as pink brick, salt and pepper effects are prohibited. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Permitted Colors Base Colors - Primary Building material Pantone Colors Accent Colors - allowed for decorative elements, roof, accents, and sign structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 466 C&U 4645U 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U MILTON ZONING ORDINANCE Page 18 of 20 Text Amendment – RZ08-06 – 5/27/08 PC Permitted Colors Base Colors - Primary Building material Pantone Colors Accent Colors - allowed for decorative elements, roof, accents, and sign structure Pantone Colors 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 12H(2).6. EXISTING HISTORIC STRUCTURES (as identified in the 1996 Historic Resources Survey). A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D.Where the severity of deterioration requires replacement of a distinctive feature, the new Formatted: Bullets and Numbering feature shall match the old in design. D. MILTON ZONING ORDINANCE Page 19 of 20 Text Amendment – RZ08-06 – 5/27/08 PC MILTON ZONING ORDINANCE Page 20 of 20 Text Amendment – RZ08-06 – 5/27/08 PC ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21, 2006 AMENDED NOVEMBER 15, 2007 ARTICLE XII SECTION 12A OVERLAY DISTRICT AUTHORITY 12A.1.1. DECLARATION OF PURPOSE, SCOPE, INTENT AND PUBLIC POLICY. The City of Milton Mayor and City Council finds that as a matter of public policy that the aesthetic, economic and functional qualities are worthy of enhancement and preservation and are essential to the promotion of the health, prosperity, safety and general welfare of the existing and future residents of the City of Milton. Therefore, the Mayor and City Council shall appoint a design review board. The purpose of said design review board and overlay district regulations shall be: 1. To foster civic pride. 2. To promote attention to accepted design principles in areas of new development and redevelopment. 3. To raise the level of community understanding and expectation for quality in the built environment. 4. To ensure that development is consistent with the Comprehensive Plan and Overlays. 5. To provide for the designation, protection, rehabilitation and redevelopment of properties within overlay districts and to participate in federal and state programs designed to do the same. 6. To protect and enhance local aesthetic and functional qualities and to stimulate business. 7. To enhance the opportunities for federal, state and local tax benefits under relevant federal, state and local laws. The City of Milton Mayor and City Council further finds that the timely exercise of judgment in the public interest by a public body of proposed new development or MILTON ZONING ORDINANCE 12A-1 RZ08-07 – Text Amendment 5/27/08 redevelopment is desirable. Accordingly, the public policy objectives of this Ordinance are to guide certain aspects of development, such as: 1. The spatial relationships of structures and open spaces to each other, and 2. The appearance of buildings and open spaces as they contribute to the attractiveness, function, economy and character of an area. Planning area design standards are intended to be uniformly applied to evaluate the appropriateness of proposed changes to an overlay district in order to: 1. Protect and enhance the visual qualities and character of the district, 2. Provide guidance to design professionals, property and business owners undertaking construction in the district, 3. Recommend appropriate design approaches, and 4. Provide an objective basis for review, assuring consistency and fairness. 12A.2.1. DEFINITIONS. Words not defined herein shall be construed to have the meaning given in Article III of The City of Milton Zoning Ordinance, or, by Webster's Ninth New Collegiate Dictionary. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive. As used in this Ordinance, the following terms shall be defined as follows: Appearance: The outward aspect that is visible to the public. Appropriate: Fitting to the context of a site, neighborhood or community. Architectural Concept: The basic aesthetic idea of a structure, or group of structures, including the site, signs, buildings and landscape development that produces the architectural character. Architectural Feature: A significant element of a structure or site. Attractive. Having qualities that arouse satisfaction and pleasure in numerous, but not necessarily all, observers. Building. A building is a structure created to shelter any form of human activity, MILTON ZONING ORDINANCE 12A-2 RZ08-07 – Text Amendment 5/27/08 including but not limited to, a house, store, barn, church, hotel. Certificate of Endorsement (COE). A document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. Cohesiveness. Unity of composition among elements of a structure or among structures, and their landscape development. Compatibility. Harmony in appearance of architectural features in the same vicinity. Design Review Board (DRB). A panel which, when appointed by the City of Milton Mayor and City Council, consists of seven (7) members appointed to consider applications within a specific overlay district. Designation or Designated. A decision by the City of Milton Mayor and City Council, wherein a property or district is declared an overlay district. External Design Feature. The general arrangement of any portion of structures or landscaping, including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, and fixtures of portions which are open to the public view. Exterior Architectural Features. The architectural style, general design and general arrangement of the exterior of a structure and site, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs, facade, landscaping and other architectural fixtures, features, details, or elements relative thereto. Geographic Area. Land area subject to overlay district regulations. Harmony. A quality that represents an attractive arrangement of parts, as in an arrangement of various architectural elements. Landscape. Plant materials, topography and other physical elements combined in relation to one another and to structures including pavement. Logic of Design. Widely accepted principles and criteria in the solution of design problems. Material Change in Appearance. A change in a structure or a parking lot within an overlay district that exceeds ordinary maintenance or repair (defined below), and MILTON ZONING ORDINANCE 12A-3 RZ08-07 – Text Amendment 5/27/08 requires either a sign permit, building permit or land disturbance permit such as, but not limited to: 1. The erection, alteration, restoration, addition or removal of any structure (including signs) or parking lot; 2. Relocation of a sign or building; 3. Commencement of excavation; or 4. A change in the location of advertising visible from the public right-of-way. Ordinary Maintenance or Repair. EXEMPT from inclusion in "Material Change in Appearance" defined above. Ordinary maintenance or repair of any exterior of any structure, parking lot or sign in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in outer design, material, or appearance thereof. Painting, reroofing, resurfacing, replacement of a broken sign face and other similar types of ordinary maintenance shall be deemed ordinary maintenance and repair. Overlay District. A geographically definable area, possessing a significant concentration or linkage of sites, buildings, structures, objects or landscapes, including the adjacent area necessary for the proper treatment thereof, united by plan and/or physical development. An overlay district shall further mean an area designated by the City of Milton Mayor and City Council as such. Overlay Property. An individual site, structure, object or landscape, including the adjacent area necessary for the proper continuity thereof, contained within an overlay district. Proportion. Balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole. Scale. Proportional relationships of the size of parts to one another and to humans. Street Hardware. Objects other than buildings that are part of the streetscape. Examples are: street light fixtures, utility poles, traffic lights and their fixtures, benches, litter containers, planting containers, fire hydrants, etc. Streetscape. The appearance and organization along a street of buildings, paving, plantings, street hardware and miscellaneous structures. MILTON ZONING ORDINANCE 12A-4 RZ08-07 – Text Amendment 5/27/08 12A.3. CERTIFICATES OF ENDORSEMENT. 12A.3.1. APPROVAL OF ALTERATIONS OR NEW CONSTRUCTION. Applicants for a City of Milton land disturbance permit, demolition permit or building permit shall obtain a Certificate of Endorsement (COE) for applicable properties. 12A.3.2. GUIDELINES AND CRITERIA FOR CERTIFICATES OF ENDORSEMENT. Issuance of Certificates of Endorsement (COE) shall be based on the criteria of the Zoning Ordinance of the City of Milton along with other criteria adopted by the City of Milton Mayor and City Council. 12A.3.3. SUBMISSION OF PLANS. An application for a COE shall be accompanied by such drawings, photographs, material samples or plans as may be required pursuant to the overlay district provisions. 12A.3.4. INTERIOR ALTERATIONS. Review of applications for endorsement shall not consider interiors or exterior features which are not visible from a public street. 12A.3.5. ISSUANCE OF A CERTIFICATE OF ENDORSEMENT. A. A COE may be issued when the proposed material change(s) in the appearance or arrangement of the elements of the project is consistent with the overlay district provisions. B. A copy of each final COE shall be maintained in the Community Development Department. 12A.3.6. EXCEPTIONS. When, by reason of unusual circumstances, the strict application of any provision of this Article would result in the exceptional practical difficulty or undue hardship due to the circumstances unique to the particular property in question, the Board of Zoning Appeals, in passing upon applications, shall consider and issue exceptions to said provisions so as to relieve such difficulty or hardship provided such exceptions shall remain in harmony with the general purpose and intent of said provisions, so that the integrity or character of the property, shall be conserved and substantial justice done. A hardship shall not qualify as an undue hardship if it is of a person’s own making. In granting such exceptions, the Board of Zoning Appeals may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Article. MILTON ZONING ORDINANCE 12A-5 RZ08-07 – Text Amendment 5/27/08 12A.3.7. APPEALS. Appeals are to the Board of Zoning Appeals. Any appeal of a decision of the Board of Zoning Appeals is to Fulton County Superior Court in accordance with Article XX. 12A.3.8. DEADLINE FOR CONSIDERATION OF APPLICATION FOR COE. The DRB shall consider a completed application for a COE within 90 days after the filing thereof by the owner or occupant of an overlay district property. If the application has not been acted upon within 90 days, and the application shall be considered to be approved as submitted. 12A.3.9. RELATIONSHIP OF THIS ARTICLE TO OTHER ZONING PROVISIONS. The adoption of a Ordinance designating an overlay district, is an amendment to the existing Zoning Ordinance. Designation of a zoning overlay district and shall be shown as such on the Official Zoning Maps of the City of Milton, Georgia. 12A.4. MAINTENANCE OF PROPERTIES, BUILDING CODE AND ZONING PROVISIONS 12A.4.1. ORDINARY MAINTENANCE OR REPAIR. Ordinary maintenance or repair of any exterior feature visible from a public street in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a building, sign, or land disturbance permit. 12A.4.2. FAILURE TO PROVIDE ORDINARY MAINTENANCE OR REPAIR. The owner or owners, or the owner's agent, of each designated overlay district property or site, shall keep in good repair all of the exterior portions of such property and site and all interior portions thereof which, if not maintained, may cause or tend to cause the exterior portion of such property or site to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. The Director of Community Development shall be responsible for the enforcement of the ordinary maintenance or repair provisions contained within this section. 12A.4.3. AFFIRMATION OF EXISTING BUILDING CODES AND ZONING. Nothing in this Ordinance shall be construed to exempt property and business owners from complying with other existing City regulations whenever this Article does not apply. This Ordinance is an amendment to the Zoning Ordinance and all other provisions of the Zoning Ordinance shall remain in effect unless provisions in the overlay district conflict with other provisions of the Zoning Ordinance, in which case, the stricter provisions of the overlay district shall apply. MILTON ZONING ORDINANCE 12A-6 RZ08-07 – Text Amendment 5/27/08 12A.5. INTERPRETATION, VIOLATIONS, ENFORCEMENT AND PENALTY PROVISIONS 12A.5.1. VIOLATIONS. This Article shall be governed by Article XXIX, Section 29.1 of this Ordinance. 12A.5.2. ENFORCEMENT. This Article shall be governed by Section 26.3 of this Ordinance. 12A.5.3. PENALTY. Violation of this Ordinance shall be punished as provided for by Section § 21-1-8 of the Fulton County Code. 12A.5.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12A.5.5. CONFLICTS. If the provisions of this Article conflict with this Ordinance, or other ordinances, Ordinances or regulations, the provisions of this Article shall govern or prevail to the extent of the conflict. 12A.5.6. INTERPRETATION. This Article shall be governed by Section 26.1 of this Ordinance. MILTON ZONING ORDINANCE 12A-7 RZ08-07 – Text Amendment 5/27/08