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HomeMy WebLinkAboutPacket - PC - 03-22-2017 PLANNING COMMISSION AGENDA City Council Chambers New City Hall 2006 Heritage Walk in Crabapple Wednesday, March 22, 2017 6:00 pm (New Time) 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes 1) January 28, 2017 Planning Commission Meeting 2) February 23, 2017 Planning Commission Meeting 5. New Items 1) RZ17-02 -12800, 12830, and 12850 Hopewell Road by Fuqua & Associates to rezone from AG-1 (Agricultural) to R-4A (Single Family Dwelling) to develop 17 single family lots on 14.6 acres at a density of 1.16 units per acre. 2) RZ17-03 – Consideration to amend Sec. 64-418. - Pre- development notification and public informational meeting and Sec. 64-419. Definitions of the AG-1 (Agricultural) Zoning District. 3) RZ17-04 – Consideration to amend Sec. 64-441 – Pre- development notification and public informational meeting and Sec. 64-441. Definitions of the R-1 (Residential) Zoning District. 4) RZ17-05 – Consideration to amend Sec. 64-464 – Pre- development notification and public informational Page 2 of 2 meeting and Sec. 64-465. Definitions of the R-2 (Residential) Zoning District. 5) RZ17-06 – Consideration to amend Sec. 64-487 – Pre- development notification and public informational meeting and Sec. 64-488. Definitions of the R-2A (Residential) Zoning District. 6) Chapter 2 of the City Code – Administration – Sec. 2-206 – Duties of the Planning Commission. 7) RZ17-07- Consideration to amend Sec. 64-2453. - Creation of a historic preservation commission (To allow for compensation of meetings). 6. Deferred Items 1) Consideration to amend the process of plat procedures. Chapter 50 of the City Code – Subdivisions 7. Adjourn Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 1 of 22 RZ17-02 PETITION NO. RZ17-02 PROPERTY INFORMATION ADDRESS 12800, 12830, and 12850 Hopewell Road DISTRICT, LAND LOT 2/2 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING R-4A (Residential) ACRES 14.6 EXISTING USE Vacant single family residence PROPOSED USE 17 single family residential lots PETITIONER Fuqua and Associates ADDRESS 985 Canonero Drive Milton, GA 30004 REPRESENTATIVE Scott Reece Brumbelow-Reese & Associates 13685 Highway 9 Milton, GA 30004 PHONE 770-475-6817 COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 22, 2017 RZ17-02– DENIAL INTENT To rezone from AG-1 (Agricultural) to R-4A (Residential) to develop 17 single family homes on 14.6 acres at an overall density of 1.16 units per acre. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 2 of 22 RZ17-02 LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 3 of 22 RZ17-02 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 4 of 22 RZ17-02 CITY OF MILTON 2035 COMPREHENSIVE FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 5 of 22 RZ17-02 SITE PLAN SUBMITTED ON JANUARY 31, 2017 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 6 of 22 RZ17-02 REVISED SITE PLAN SUBMITTED ON MARCH 3, 2017 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 7 of 22 RZ17-02 Subject Site from Hopewell Road Glenhaven S/D Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 8 of 22 RZ17-02 Hopewell Place S/D Vickery Crest S/D SUBJECT SITE AND BACKGROUND: The subject site contains 14.565 acres and with two single family dwellings and is located on the west side of Hopewell Road with Vaughn Drive to the east. The site is located within the Agricultural, Equestrian, Estate Residential (AEE) designation of the City of Milton 2035 Comprehensive Plan Map recently adopted on October 17, 2016. Staff also notes that this property is within the Rural Milton Overlay. The applicant is requesting a rezoning to R-4A (Residential) with minimum 15,000 square foot lots to develop 17 single family residences on at an overall density of 1.16 units per acre. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 9 of 22 RZ17-02 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on March 3, 2017, Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-577 - R-4A (Single Family Dwelling District) and Rural Milton Overlay* Development Standards Proposed Development There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave.* None indicated. Minimum front yard – 35 feet 35 feet Minimum side yard as follows: Adjacent to interior line: 7 feet Adjacent to street: 20 feet 7 feet 20 feet 25 feet between homes Minimum rear yard –25 feet 50 feet Minimum lot area – 12,000 sq.ft. 15,000 sq. ft. and 1 acre adjacent to Hopewell Road Minimum lot width shall be 85 ft. 85 feet Minimum lot frontage shall be 35 feet adjoining a street 35 feet Minimum heated floor area shall be as follows: For less than two-story dwelling: 1,200 sq. ft. For two-story dwelling: 1,320 sq.ft. 3,000 sq. ft. – 1 story 4,000 sq. ft. - 2 story LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 10 of 22 RZ17-02 OTHER SITE PLAN CONSIDERATIONS Staff notes that although the site plan indicates inter-parcel with Vickery Crest to the north, this connection is not required by either the Fire Marshal or the Transportation Engineer. In addition, the site plan does not indicate sidewalks along Hopewell Road and the interior of the subdivision. At the time of the Land Disturbance Permit, the developer shall be in conformance with Sec. 48-562, Streets, Sidewalks and Other Public Places. Staff will condition the two one-acre lots adjacent to Hopewell Road with the Rural Viewshed since R-4A zoning districts are not required to provide Rural Viewshed. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and sati sfies the requirement of Sec. 64-2126. The applicant has stated the following: “The specimen trees have been identified and are shown on the site plan. There is no Zone A floodplain on this parcel per official FEMA flood map. There is a stream flowing through the southwestern portion of the property that has been located, and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the 25 foot stream buffers No construction activities are proposed in any stream buffers. If constructed, the subdivision would have to gain approval of a 3-phase erosion control plan and best management practices to mitigate any downstream effects. Our field inspections discovered no vegetation or wildlife, including fish, listed on the environmental protection list. Our field observation revealed no archaeological or historical sites located on this property.” ARBORIST COMMENTS Per this plan, 7 significant specimen trees are to be impacted or removed. Replacement for said trees will be 219 (4”) caliper trees. There are additional specimen trees along Hopewell that shall remain undisturbed. Nice young hardwood growth at northern portion of the site. Much of site will be cleared with exception of state waters buffer area to the south. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 11 of 22 RZ17-02 CITY OF MILTON FIRE MARSHAL The subdivision is allowed to have only one entrance based on the small number of houses (though the one to the north only has one entrance, the ordinance did not change until after that subdivision was platted and built). The preference would be that the connection be made. However, from a code perspective, it is not required. TRANSPORTATION  At present, the project proposes 17 lots that connect with an existing subdivision, Vickery Crest, with an existing 63 lots  A new entrance is proposed approximately 270’ south of Glenhaven Drive (on east side of Hopewell Rd) and 970’ south of Hopewell Place Dr. (existing entrance to Vickery Crest) per the site plan. These meet the driveway spacing criteria.  Vickery Crest entrance includes existing left and right turn lanes  Average Daily Traffic volumes for 2014 on Hopewell Rd is 9170 vehicles per day.  Intersection sight distance looking both east and west at new proposed entrance is over 500 feet per the site plan.  Trip generation and distribution ITE Trip Generations Single Family Homes Daily Left In Right In Left Warrant Right Warrant 17 lots 163 58 25 175 75 63 lots 603 211 91 175 75 80 lots 766 269 115 175 75  Turn lanes warrant for new entrance to be determined based on number of lots (existing Vickery Crest lots plus new lots) estimated to use new entrance Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 12 of 22 RZ17-02 FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 13 of 22 RZ17-02 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 14 of 22 RZ17-02 PUBLIC INVOLVEMENT On February 28, 2017 the applicant’s representative was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were approximately 15 people in attendance at the meeting. They were voiced their objection to the proposed development with the following comments: 1. It is against the 2035 Future Land Use Plan for minimum one acre lots that was just approved in October 2016. 2. It will cause additional traffic within Vickery Crest and the area in general . 3. The residents are tired of additional homes being built that are not consistent with the approved Future Land Use Plan for AEE (one acre lots). 4. Want to be assured that the new homes with be as large as the existing homes in Vickery Crest and not connect with Vickery Crest. 5. Residents of Brookshade (north of Vickery Crest) are concerned that if this property is rezoned to R-4A then the property south of Brookshade will also be rezoned to higher density. PUBLIC PARTICIPATION REPORT The applicant conducted the Public Participation Meeting on March 9, 2017 from 6:30 to 8:30 p.m. at the Brumbelow-Reese Office, 13685 Hwy 9 North. The applicant also met with the Vickery Crest HOA on February 24, 2017. There were three people in attendance. The following issue and concerns were expressed: 1) The density of the development. 2) How close to the rear property lines could the houses be built. 3) Separation distance between houses. 4) Square footage of houses. 5) Price of new houses. 6) Street connection with Vickery Crest. The applicant responded to the issues and concerns with the following: 1) The density of the surrounding properties and subdivisions match or exceed the density of the proposed development. 2) Revised site plan to increase setbacks and separation. 3) Clarified building square footage. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 15 of 22 RZ17-02 CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 7, 2017 1) Can the entrance line up with Glenhaven entrance? 2) Questioned if the lots that include the stream buffer are large enough to accommodate a swimming pool without any variances? 3) Can the large specimen trees be saved? Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 17 lot subdivision consist of lots between 16,010 and 22,864 square feet in size. There are one acre lots that abut Hopewell Road. To the north is Vickery Crest subdivision which has developed lots between 15,000 and 20,000 square feet in size adjacent to the subject site. To the east, is Glenhaven Subdivision zoned T-3 (Transect Zone) developed with large common areas along Hopewell Road and minimum 5,000 square foot lots within the development. Also, to the south east within the City of Alpharetta is Cottonwood Estates Gracious Living Retirement Facility zoned C-2. Further to the south east is Orchards at Hopewell also within the City of Alpharetta zoned R-8. To the south of the subject site is undeveloped R-15 within the City of Alpharetta. To the west is Andover North subdivision within the City of Alpharetta zoned R-15. The proposed development is consistent with adjacent and nearby developments in the area. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 16 of 22 RZ17-02 Existing uses and zoning of nearby property Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 17 of 22 RZ17-02 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 RZ04-144/ RZ05-135 CUP (Community Unit Plan) Vickery Crest S/D 1 u/a (RZ04-144) Min 18,000sq.ft. lots / 2,500 s.f. 1.88 u/a Min 15,000 sq.ft. lots/ 2,500 s.f. 1 acre lots along Hopewell Rd and north portion of Subdivision. 1.88 u/a (RZ05-135) 20,000 s.f. adj. to Andover Norh, 18,000 s.f adj. to Providence Oaks S/D, 1 acre for septic lots and 15,000 s.f. for remaining lots. 2,500 s.f. heated floor area Further Northeast 2 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place 1.64 u/a 2,750 s.f. 1.67 u/a 2,750 s.f. 1 acre lots along Hopewell Rd. Further Northeast 3 RZ95-21 R-3 (Single Family Residential) Hopewell Place S/D 2 u/a 1,800 s.f. 1 acre lots along Hopewell Rd. Further Northeast 4 RZ98-81 T-3 (Transect Zone) Developed under CUP (Community Unit Plan) Southfield S/D 2.5 u/a 1,700 s.f. East 5 T-3 (Transect Zone) 3.46 u/a Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 18 of 22 RZ17-02 RZ12-16/VC12-06 Developed under NUP (Neighborhood Unit Plan) 2,700 s.f. East 6 City of Alpharetta C-2 Cottonwood Estates Gracious Living Retirement Facility Multi-Family Southeast 7 City of Alpharetta R-8 Orchards at Hopewell (Minimum 8,000 square feet lots) South and west 8 City of Alpharetta R-15 Andover North and Lantern Ridge (Minimum 15,000 square foot lots) South 9 City of Alpharetta R-15 Undeveloped (Minimum 15,000 square foot lots) Northwest 10 RZ93-035 R-4A Providence Oaks S/D 2.14 u/a 2,500 s.f. 50 foot setback adjacent to AG-1 1. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposed development may adversely affect the existing use or usability of adjacent or nearby property based on the fact the 2035 Future Land Use Plan Map recommends that the subject site be developed AEE (Agricultural, Equestrian and Estate Residential) which requires one unit per acre and one acre lots. 2. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 3. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposal may cause a burden on existing streets and schools if approved. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 19 of 22 RZ17-02 4. Whether the proposal is in conformity with the policies and intent of the land use plan? City of Milton 2035 Comprehensive Land Use Plan Map – Agricultural, Equestrian, and Estate Residential / INCONSISTENT Inconsistent with the following Plan Policy:  We will encourage development that is sensitive to the overall setting of the community and will contribute to our community’s character and sense of place. Proposed use/density: Single Family Residential at 1.16 units per acre is inconsistent with the recommended density of one unit per acre for Agricultural, Equestrian, and Estate Residential. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed development is inconsistent with the Plan Map recommendation of Agricultural, Equestrian and Estate Residential which requires minimum one acre lots. The Plan Map was recently approved by the Mayor and City Council in October, 2016. Previous zonings and development adjacent to and surrounding the subject site were approved prior to the most recent Comprehensive Land Use Plan Map adoption. Based on these facts, it is grounds to recommend DENIAL of RZ16-03. 5. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the number and size of specimen trees to be removed, it is Staff’s opinion that the proposed use may be environmentally adverse to the natural resources, environment and citizens of the City. CONCLUSION The proposed 17 lot single family subdivision is inconsistent with the City of Milton’s 2030 Comprehensive Land Use Plan Map for “Agricultural, Equestrian, Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 20 of 22 RZ17-02 and Estate Residential”. Therefore, Staff recommends DENIAL of RZ17-02 to rezone from AG-1(Agricultural) to R-4A (Single Family Residential). A set of Recommended Conditions are included if the Mayor and City Council chooses to approve this petition. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 21 of 22 RZ17-02 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located at Donegal Lane (Northern Most), it should be approved for R-4A (Single Family Residential) 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) Single family detached dwellings and accessory uses and structures. b) No more than 17 total dwelling units at a maximum density of 1.16 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on March 3, 2017. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on March 22, 2017 3/16/2017 Page 22 of 22 RZ17-02 3) To the owner’s agreement to the following site development considerations: a) Minimum front yard – 35 feet b) Minimum side yard as follows: i. Adjacent to interior line: 7 feet ii. Adjacent to street: 20 feet iii. 25 feet between homes c) Minimum rear yard –50 feet d) Minimum lot area as follows: i. 15,000 sq. feet. ii. 1 acre adjacent to Hopewell Road e) Minimum lot width shall be 85 feet f) Minimum lot frontage shall be 35 feet adjoining a street. g) Minimum heated floor area shall be as follows: i. For one story - 3,000 square feet ii. For two story – 4,000 square feet h) Lots 1 and 17 (adjacent to Hopewell Road) shall be incompliance with the Rural Viewshed pursuant to Sec. 64-416(k). 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. 5) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. PUBLIC PARTICIPATION PLAN REPORT FORM E Applicant: Fuqua & Associates, Steve &Peggy Fell petition No. IZZ 17� Q E 1. The following parties were notified of the requested rezoning/use permit: See attached. 2. The following meetings were held regarding this petition: (Include the date, time and meeting location) Date: �.-14� 17 Public Participation Meeting - 3/9/17, 6:30-8:30pm, Brumbelow-Reese office, 13685 Hwy 9 N, Milton, GA DRB - 3/7/17, 6:OOpm, City of Milton CZIMCity of Milton Vickery Crest HOA Meeting - 2/24/17, 5:OOpm, Vickery Crest 3. The following issues and concerns were expressed: (1) The density of proposed development, (2) how close to rear property lines the houses could be built, (3) separation distance between houses, (4) square footage of houses, (5) price of new houses, (6) street connection 4. The applicant's response to issues and concerns was as follows: The density of surrounding properties and subdivisions match or exceed the density of the proposed development. We revised the site plan to increase setbacks and separation. We clarified the building square footage. 5. Applicants are required to attach copies of sign -in sheets from meetings as well as meeting announcements, notices, t7yers, letters, and any other documentation which supports the opportunity for public input. Attach additional shoe/s as needed. City of Milton Community Development _ 13000 Deerfield Parkway, shite 107E --Milton, GA 30004 � 678-242-200 Rezoning Application Page 1 � BRU1V1BE1LVW-REESE & ASSOCIATES, INC. Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770475-6817 Fax 770-5694948 Email: brassinc@comcast.net Public Participation Meeting — Date:_Thursday 3/9/2017_Time:_6:30-8:30pm Location:Brumbelow Reese office at 13685 Hw,y G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx NAME ADDRESS CONTACT (phone or email) Steve Damsker i Providence Oaks S/D Phone call on 2/24 ? "If 40PROM 11 be 10 14110941liple, 61,1111, �D-....4400.,...._.. .{................... _.i 4444..mob 11660914........................ _........_. RED 41 _......,.,_.........,__.........._....._._._.......................,,.............................sees ... 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I ...... .................__.. _ _.... votes ... .......__ 4444 _ ._....._...._......,....._,_............_._.......,_.............._..........................,.........._.............,.,.............._,...._...................._......... 1 G:\Land Projects\2013-2d3A\Documents\REZONING DOCS\Public Participation Sign In.docx Land Surveyors, Land Planners, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770-475-6817 Fax 770-569-4948 Email: brassinc@comcast, net February 13, 2017 Hopewell Road Community Re: 12800, 12830, 12850 Hopewell Road Dear Neighbor: We are representing Fuqua &Associates and Steve &Peggy Fell in their application to obtain a rezoning of 12800, 12830, & 12850 Hopewell Road being Tax Parcels 2248011080262, 22- 48011080155, and 2248011080239 from AG -1 to R4 -A for the construction of a single family residential subdivision. The applicant is proposing 17 lots on 14.6± acres at a density of 1.16 units per acre. The proposed minimum lot size will be 15,000 S.F. and proposed minimum house size shall be 3000 S.F. The Comprehensive Land Use Plan Map (C.L.U.P) colors these particular properties as low density residential. The C.L.U.P. appears to have created a small island of low density inside a large area of medium density, high density, and office and commercial uses. The subject property was formerly three residential acreage tracts that are now vacant. The property is wooded with a mix of mature growth and secondary growth pines and hardwoods. There is a small stream and abandoned pond on the southwest section of the property. The property abuts the City of Alpharetta on the south and west (R-15 Zoning - 15,000 S.F. lots). The property to the southeast across Hopewell Road is in the City of Alpharetta and is zoned C-2 (current use assisted living facility). The property to the northeast across Hopewell Road is in the City of Milton and is designated T4 Deerfield/Highway 9 Foran Based Code (current use high density residential - 5500 S.F. lots). The property directly to the north is Vickery Crest Subdivision in the City of Milton. It is zoned CUP and was developed with 15,000 S.F. lots. There is an existing sanitary sewer line through the subject property. Public utilities are available on Hopewell Road. The proposed subdivision provides for the City of Milton buffers on the stream that traverses through the southwest section of the property. The proposed subdivision shall be accessed via extending the existing dead-end street Donegal Lane through to Hopewell Road in keeping with the City's policy of interparcel connectivity and bringing the existing Vickery Crest S/D into fire protection compliance. There are no proposed variances to the Development Code in this proposed rezoning. The applicant is seeking to develop a neighborhood similar in lot size and character as the adjoining Vickery Crest S/D and other neighborhoods in the immediate area. The subject property lies in an area designated by the City of Milton as "Milton Lakes". This area is in the southernmost section of the City bordering the City of Alpharetta. This area transitioned in the late 1990s to mostly suburban neighborhoods with a mixture of lot sizes. The G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx Page 2 Februm 13. 2017 City of Milton Comprehensive Plan 2030 designates this area's future development for new residential neighborhoods to primarily match the mix of housing types & styles of established neighborhoods in this character area. Furthermore, the C.L.U.P. designates that future residential development should reflect an average of the current diversity of densities and housing patterns. In our immediate area, all of the City of Alpharetta properties (south and west) are zoned R-15 (15,000 S.F. lots) or are already developed 15,000 S.F. lots. To the east is City of Alpharetta commercial zoning with an institutional use. To the northeast (Glenhaven Subdivision) and north (Vickery Crest Subdivision), the City of Milton subdivisions are developed with 5,500 and 1500 S.F. lots respectively. The applicants have owned this property for many years. It was the intent that this property would be a future phase of Vickery Crest. Vickery Crest was designed with the street and utility layout for the future expansion. The economic downturn around 2008-2012 caused the cancellation of these plans. Although the property is zoned agricultural, it is not practical for farm use due to size restrictions and surrounding neighborhoods. One acre estate size lots and the necessary house size that economics dictates would be a very risky choice in this immediate area. The applicant desires to develop a residential single family neighborhood similar to the neighborhoods in this area. Should the rezoning be approved, Fuqua & Associates will be building the new homes in the proposed subdivision. It is our opinion that the proposed rezoning and use for this property conforms to the stated future land use plan as laid forth and adopted by the City of Milton in the text for the Milton Lakes character area. We feel that the proposed subdivision and the quality of homes that Fuqua has built in the Milton area for over 30 years would be an asset to the city and matches the surrounding neighborhoods. Finally, this proposed neighborhood would be a reasonable choice for this particular site and area. There is a Public Participation Meeting scheduled for Thursday, March 9, 2017 from 6:3 Opm- 8:30pm at our office (address listed above). This meeting will allow the neighborhood to ask questions and view the proposed site plan. The City of Milton has scheduled the following meetings: Community Zoning Information Meeting 02/28/2017 @ 7:00 pm, Design Review Board 03/07/2017 @ 6:00 pm, Planning Commission Meeting 03/22/2017 @ 6:00 pm, Mayor and City Council Meeting 04/24/2017 @ 6:00 pm. Also, we may be reached via telephone or email as listed above. We look forward to seeing you on March 9, 2017. Sincerely, BRUMBELOW-REESE &ASSOCIATES, INC. Scott D. Reece G:\Land Projects\2013-243A\Documents\REZONING DOCS\Public Participation Letter.docx El+& Plow mailed wrFh Ici+ `ot x09\ r O 33 FF zl �mg :. I c MirIF l , p IN FIN F \ /,to% 1 aM' \ r IF , _ M ' q4" Wig' im 0 poll It \ _ ``..;f r y\, . y'� , '\ �\ h _OF •\� \.Np ` .%ppI951` \`'\'\ .\ r➢'F '1 ♦.. 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(GEORGIA LICENSE LSFOD02851 •' '4 13685 HIGHWAY 9 N =DM t° H* R� MILTON, GEORGIA 30004-3616 PHONE: 770-475-6817 OEOROIA R,L,S. t 7072 FAX: 770.569-4948 MEMBER OF SA M.S.O.G. EMAIL: BRASSINC@COMCAST.NET v O o ?I REZONING SITE PLAN FOR LOCATED IN: � m D R' cz � z m LAND LOT(S): 1707, 1108 p � � WOODLIFF GREENE S/D DISTRICT: 2, SECTION:2 � = x V x CITY OF: IAILTON z m COUNTY OF: FULTON STATE OF GEORGIA DATE: JANUARY 23, 2017 REVISIONS 1 '-_- 4 �ab�3L --.. sr allot OIL M For IF n III lINn S�� _ 0 ma m€z�m- ggg MM ILL. OFF IF N or NZ' N 1. FIII ILL to Q D k IF 0 ' s X vNO-rrsr LQXQ p R c BRUMBELOW—REESE AND ASSOC', INC. G 4\'p1SiEAFe .� LAND SURVEYING SERVICES, LAND PLANNERS, DEVELOPMENT CONSULTANTS 1 1 2top' �• A. (GEORGIA LICENSE LSFOD02851 •' '4 13685 HIGHWAY 9 N =DM t° H* R� MILTON, GEORGIA 30004-3616 PHONE: 770-475-6817 OEOROIA R,L,S. t 7072 FAX: 770.569-4948 MEMBER OF SA M.S.O.G. 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LAND SURVEYING SERVICES, LAND PLANNERS, ° m ` WOODLIFF GREENE S/D DISTRICT: 2, SECTION:2 o- DEVELOPMENT CONSULTANTS K ,`�, N m ; O J} Nw M72 Dir* [GEORGIA LICENSE LSF0002851 = x CITY OF: MILTON ,:.,IrA��r.,_ A E0 OF: FULTON On.4c,8U�Ea°�y 13fi85 HIGHWAY 9 N A STATE OF GEORGIA ryF H. ( MILTON, GEORGIA 30004.3fi16 PHONE: 770-478.8817 GEORGIA R.L.S. 0 2072 FAX: 770-569.4948 GATE: JANUARY 23, 2017 MEMBER OF SAM.S.O.G. EMAIL: BRASSINCQCOMCAST.NET all that appy: Pro�#erty Add i Exis g Zonis Exis g Petiti Exisfing Use: an�l Lot(s): 1is6ict: t4l Acreage: rxorntage: _ Frofitage: _ Frontage: _ Ap�licant: ssa P e -application Review for Rezoning, Use Permit(s), and Concurrent Variance(s) CATION REVIEW FOR REZONING, USE CONCURRENT VARIANCES) Rezoning X Use Permits) Side: Side: Tax PIN(s)0 Proposed Zoning:_ Proposed Use Permi Comprehensive Plan Overlay District: MITIS) AND rrent Variances) 0 Land Use Ma Rural Milton Distance: Distance: Distance: C�w3, Ler: 61111, � ,� Phor Joe Ema Fax: resentativ�: Ap licant's Intelt.01 CQNCURRE T! VARIANCE(S): Article/Secti n: Request: Article/Section: Request: Email: Fax: Sign Posting AL: Yes Sewer/Septic Yes DRI eview No Public Particip do Yes Cemetery ? Traff1c Study Yes Stre m Protect' Dn Minimum Heated Floor Area: Yes Environmental Impact Report No Nois Study No I�O�-RESIDE T AL: RESIDENTIAL: Buildingt: DEVELOPMENT STANDARDS FOR CUP, NUP, &MIX DI�TRICTS � �' � No. of Uruts: Density: � Minimum Front Yard .� Minimum Lot Frontag10 Gros Square Footag o Minimum Heated Floor Area: i Minimum Sid Y Density:. Minimum u ld' Separation Minimum Lot Area: ATTENDANT, DEVELOPMENT STANDARDS FOR CUP, NUP, &MIX DI�TRICTS Minimum Front Yard .� Minimum Lot Frontag10 Minimum Rear yrd Minimum Sid Y rd (Intle ' Minimum u ld' Separation Minimum and (Adj. to Street) Mayor and Ci REQUIRED AT THE FOLLOWING MEETINGS: rd Information Meeting coy Q ion Meeting / 3 as; sp� Abp ified e: To the best of my knowledge, this Pre -application review is correct and complete. If ire determined to be necessary, I understand that I am res onsible for filing an appeal e X of the City/' Milton Zoning Ordinance, Date: Date: 400' R400' RHOPEW E L L R O A D Page is too large to OCR. LOCATION MAP - 1 "=1000'± RIDE y_ ACT _OF�LIFF 0 TCifIELZI'�- ('41 mLD W DLIFE V A 110 T t G .1. F 1 7 OVER VDL-€� y AU OAKMEREI > 6�- _.., ZA `� 24 " BRA) �E�- DR AN, OVER LU C:)Y o pR 5 � NORTH < TRAC£ C:> TRACE 9�'�'��' INT �8LESTONE � ,o Win z � t �7A WA AY1 127 £EN SURREY _ _ Q/.kCA� N� ac ST Q E-' <1 1 7 8 `� POINT Q� _ C 0 ON � z SURREY PEBBLE TRL 1 18 =a �f Ix 'GROVEE LSHADY A � r1179 , ' GROVE r41, - rn /F �4 0 ❑ ti f a 7 Atlanta Metropolitan Series October 2016 to October 2017 Copyright 2016 Aero Surveys of Ga., Inc. Reproduced by Permission Page is too large to OCR. V. f V f SITE PLAN CHECKLIST FORM F Site plans foiA rezoning and use perp it must be folded drmvn to scale, no lafy,,er than 30 " x 42 ", and shall, at ct minimum, include the folloivinginformation. ITEM DESCRIPTION CHECK 1 Key and/or legend and site location map with North arrow 2 Boundary survey of subject property which includes dimensions along property lines that match the metes and bounds of the property's written legal description and clearly indicates the point of beginning 3 Acreage of subject property 4 Location of land lot lines and identification of land lots 5 Existing, proposed new dedicated and f iture reserved rights -of --way of all streets, roads, and railroads adjacent to and on the subject property 6 Proposed streets on the subject site 7 Posted speed limits on all adjoining roads 8 Current zoning of the subject site and adjoining properties 9 Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on the subject 10 Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on adjacent properties within 400 feet of the subject site based on aerial photography from an acceptable source as determined by the Director of Community Development 11 Location of proposed buildings (except single family residential lots) with total square 12 Layout and minimum lot size of proposed single family residential lots 13 Topography (surveyed or County) on subject site and adjacent property within 200 feet as required to assess runoff effects 14 Location of major overhead and underground electrical and petroleum transmission/conveyance lines 15 Required and/or proposed setbacks 16 100 year flood plain horizontal limits and flood zone designations as shown on survey or FEMA FIRM maps 17 Required landscape strips, undisturbed buffers, and any other natural areas as required or proposed 18 Required and proposed parking spaces; Loading and unloading facilities 19 Lakes, streams and other waters on the site and associated buffers 20 Proposed stormwater management facilities 21 Community wastewater facilities including preliminary areas reserved for septic drain fields and points of access 22 Availability of water system and sanitary sewer system 23 Tree lines, woodlands and open fields on subject site 24 Locate all specimen trees on the site, as defined by the City of Milton Tree Preservation Ordinance 25 Entrance site distance profile assuming the driver's eye at a height of 3.5 feet (See Subdivision Regulations 26 Wetlands shown on GIS maps or survey City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F -- Milton, GA 30004 -- 678-242-2500 Rezoning Application Page 16 HOME OF `THE BEST Q F LIFE IN GEORGIA' vIlLTON ESTABLISHED 2006 r I , �, ' 'I DATE: TAX PARCEL 11). We :2 SECTION I REZONING REQUEST Office use only Zoning Case #: Property Address (if available) Existing Zoning Road Frontage: Proposed Zoning SECTION II USE PERMIT REQUEST Office use only Use Permit Case #: Road Frontage: Under the provisions of Article XIV of the City of Milton Zoning Ordinance, application is hereby made to obtain a Use Permit as follows: Current Zoning Use Permit Request SECTION III Office use only Variance Case #: Request 1) Ref. Article Request 2) Ref. Article Request 3) CONCURRENT VARIANCE REQUESTS Section Section Ref. Article Section SECTION IV OWNER/PETITIONER NOTICE: Part 1 and/or Part 2 below must be signed and notarized when the petition is submitted. Please complete Section IV as follows: City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500.., Rezoning Application Page 6 a) If you are the sole owner of the property and not the petitioner complete Part 1. b) If you are the petitioner and not the sole owner of the property complete Part 2. c) If you are the sole owner and petitioner complete Part 1. d) If there are multiple owners each must complete a separate Part 1 and include it in the application. Part 1. Owner states under oath that he/she is the owner of the property described in the attached legal description, which is made part of this application. If the owner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recognized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the owner pursuant to the necessary formalities to sign on its behalf.'` % ,-- Sworn to and subscribed before me this the TYPE O'R PRINT OWNER'S NAME Oil110V`` UL% ✓ !_ r Day of .,i 20wL ( . ADDRE S � CITY AT CODE NOTARY PUBLIC ,j�� G�% •' �-"� � i✓l� � I� .1 iKELLY R BONK %.� NOTARY PUBLIC OWN R'S SIGNATURE PHONE NUMBER FORSYTH COUNTY GEORGIA MY COMMSSION. EXPIRES 12/29/20 G'' Part 2. Petitioner states under oath that: (1) he/she is the executor or Attorney-in-fact under aPower-of-Attorney for the owner (attach a copy of the Power -of -Attorney letter and type name above as "Owner"); (2) he/she has an option to purchase said property (attach a copy of the contract and type name of owner above as "Owner"); or (3) he/she has an estate for years which permits the petitioner to apply (attach a copy of lease and type name of owner above as "Owner"). If the petitioner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recognized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the petitioner pursuant to the necessary formalities to sign on its behalf.Y TYPE OR PRINT OWNER'S NAME ADDRESS CITY &STATE ZIP CODE is PETITIONER'S SIGNATURE PHONE NUMBER Sworn to and subscribed before me ththe NOTARY PUBLIC 20 *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fraudulent statement or representation... in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." SECTION V ATTORNEY/AGENT If this application is signed by an attorney or agent on behalf of another, the undersigned attorney/agent states under oath that they have been given express permission to execute and submit this application on their behalf. f Check One: [ ]Att orney]Agent City of Milton Community Development.,, 13000 Deerfield Parkway, Suite 107F -- Milton, GA 30004 � 678-242-2500 -- Rezoning Application Page 7 PRINT A' Y / AGENT NAME GNATURE OF ATTORNEY /AGENT ADDRESS CITY STAT PETITIONER' S SIGH 5 1 j_. J TURF CODE � r PHONE NUMBER *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fraudulent statement or• representation... in any matter within the jurisdiction of any department or agency of state government or of the government of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500 -- Rezoning Application Page 8 0 If you are the sole owner of the property and not the petitioner complete Part I . If you are the petitioner and not the sole owner of the property complete Part 2. If you are the sole owner and petitioner complete Part 1. If there are multiple owners each must complete a separate Part 1 and include it in the application. Owner states under oath that he/she is the owner of the property described in the attached legal description, which is made part of this application. If the owner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recognized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the owner pursuant to the necessary formalities tosign on its behalf.' TYPE OR PRINT OWNER'S N ADDRESS CITY STATE ZIP CODE j:71�Njia - ti r OWNER'S SIGNATURE PHONE NUMBER Sworn to and subscribed before;;;,��� � ��/''' SAN Day of ME � ��. • NOT >: •dw X TARI�•� IC 'ii,� GE4� ��%% qfMW Part 2. Petitioner states under oath that: (1) he/she is the executor or Attorney-in-fact under aPower-of-Attorney for the owner (attach a copy of the Power -of -Attorney letter and type name above as "Owner")* (2) he/she has an option to purchase said property (attach a copy of the contract and type name of owner above as "Owner"); or (3) he/she has an estate for years which permits the petitioner to apply (attach a copy of lease and type name of owner above as "Owner"). If the petitioner is a corporation, limited liability company, limited partnership, limited liability partnership, or other entity recognized by the State of Georgia other than an individual, than the individual signing the petition states under oath that he/she has been authorized by the petitioner pursuant to the necessary formalities to sign on its behalf.' TYPE OR PRINT OWNER' S NAME CITY &STATE ZIP CODE ibed PETITIONER'S SIGNATURE PHONE NUMBER Sworn to and subscrbefore me this the Day of NOTARY PUBLIC *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fi-audulent statement or representation... in any matter within the jurisdiction of any department or agency of state goverrunent or of the government of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." SECTION V ATTORNEY/AGENT If this application is signed by an attorney or agent on behalf of another, the undersigned attorney/agent states under oath that they have been given express permission to execute and submit this application on their behalf. ' Check One: [ ] Attorney [] Agent City of Milton Community Development � 13000 Deerfi eld Parkway, Suite 107F ,..Milton, GA 30004 � 678-242-2500 Rezoning Application Page 7 TYPt."R PRINT ATTORNEY / AGENT NAME ATURE OF A CITY &STATE /AGENT LOOOW Y ZIP CODE *Pursuant to O.C.G.A. 16-10-20, "A person who knowingly and willfully ...makes a false, fictitious, or fraudulent statement or representation... in any matter within the jurisdiction of any department or agency of state government or of the govermnent of any county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00 or by imprisonment for not less than one or more than five years, or both." City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500,., Rezoning Application Page 8 See other side fot• i equffesignatures Office use only I hereby certify that I have completed a preliminary review of the site plan for this project and determined that it meets the minimum standards specified by Sec 64-2153 of the City of Milton Zoning Ordinance. Staff signahire: Date: Community Development Staff printed name: J>om The undersigned acknowledges that the site plan is submitted in accordance with Sec 64-2153 of the City of Milton Zoning Ordinance and failure to comply shall render my application incomplete which may result in delay in the process os applications Applicant signature Date: Applicant printed named �gar f, 14 City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500 Rezoning Application Page 17 G:\Land Projects\2013-243A\Documents\2013-243A REZ - LEGAL.docx L E G A L D E S C R I P T I O N All that tract or parcel of land lying and being located in Land Lots 1107 and 1108, District 2, Section 2, Fulton County, Georgia, within the City of Milton, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at a point at the intersection of the west right of way line of Hopewell Road (an 80' R/W) with the south line of Land Lot 1108; thence go northeasterly along the west right of way line of Hopewell Road (an 80' R/W) for a distance of 100.00 feet to an iron pin (1/2” R/B) and the TRUE POINT OF BEGINNING; THENCE leaving said west right of way of Hopewell Road North 69 degrees 07 minutes 11 seconds West for a distance of 196.62 feet to an iron pin (5/8” R/B); THENCE North 56 degrees 55 minutes 04 seconds West for a distance of 179.82 feet to an iron pin (5/8” R/B); THENCE North 72 degrees 34 minutes 59 seconds West for a distance of 189.84 feet to an iron pin (5/8” R/B); THENCE South 73 degrees 15 minutes 54 seconds West for a distance of 169.88 feet to an iron pin (5/8” R/B); THENCE South 35 degrees 12 minutes 51 seconds West for a distance of 291.74 feet to an iron pin (1/2” R/B); THENCE South 89 degrees 34 minutes 16 seconds West for a distance of 225.17 feet to an iron pin (1/2” R/B); THENCE South 17 degrees 13 minutes 14 seconds West for a distance of 34.83 feet to an iron pin (1/2” R/B) located on the south line of Land Lot 1107; THENCE North 89 degrees 57 minutes 51 seconds West for a distance of 137.79 feet along the south line of Land Lot 1107 to an iron pin (3/8” R/B); THENCE leaving said south line of Land Lot 1107 North 34 degrees 19 minutes 36 seconds East for a distance of 540.82 feet to an iron pin (1/2” R/B) located on the west line of Land Lot 1108; THENCE along the west line of Land Lot 1108 North 00 degrees 45 minutes 58 seconds East for a distance of 342.97 feet to an iron pin (1/2” R/B); THENCE North 00 degrees 42 minutes 19 seconds East for a distance of 70.02 feet along the west line of Land Lot 1108 to an iron pin (1/2” R/B); THENCE leaving said west line of Land Lot 1108 South 82 degrees 40 minutes 32 seconds East for a distance of 626.64 feet to an iron pin (1/2” R/B); THENCE South 75 degrees 06 minutes 32 seconds East for a G:\Land Projects\2013-243A\Documents\2013-243A REZ - LEGAL.docx distance of 399.77 feet to an iron pin (1/2” R/B) on the west right of way line of Hopewell Road (an 80' R/W); THENCE South 07 degrees 34 minutes 02 seconds West for a distance of 38.72 feet along the west right of way line of Hopewell Road (an 80’ R/W) to a point; THENCE along a curve to the right having a radius of 7064.96 feet and an arc length of 241.99 feet, being subtended by a chord of South 08 degrees 32 minutes 55 seconds West for a distance of 241.98 feet along the west right of way line of Hopewell Road (an 80’ R/W) to a point; THENCE along a curve to the right having a radius of 7064.96 feet and an arc length of 90.26 feet, being subtended by a chord of South 09 degrees 53 minutes 45 seconds West for a distance of 90.26 feet along the west right of way line of Hopewell Road (an 80’ R/W) to a point; THENCE along a curve to the right having a radius of 7064.96 feet and an arc length of 217.40 feet, being subtended by a chord of South 11 degrees 08 minutes 36 seconds West for a distance of 217.40 feet along the west right of way line of Hopewell Road (an 80’ R/W) to an iron pin (1/2” R/B) and the point of beginning. Together with and subject to covenants, easements, and restrictions of record. Said property contains 14.565 acres and is more fully shown on a Rezoning Site Plan for Woodliff Greene S/D, by Brumbelow- Reese and Associates, Inc., dated January 23, 2017, bearing their job number 2013-243A, and being identified as drawing HS-REZ. BRUMBELOW-KEESE & ASSOCIATES, INC. Land Sur'veyor's, Land Planner's, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770475-6817 Fax 770-5694948 Email: brasslnc@comcast.net December 215 2016 Robyn MacDonald City of Milton Community Development 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 Re: Letter Of Intent —Rezoning of 12800, 12830, and 12850 Hopewell Rd Dear Ms. MacDonald: We are representing Fuqua &Associates and Steve &Peggy Fell in their application to obtain a rezoning of 12800, 12830, & 12850 Hopewell Road being Tax Parcels 22-48011080262, 22- 48011080155, and 2248011080239 from AG -1 to R4 -A for the construction of a single family residential subdivision. The applicant is proposing 17 lots on 14.6± acres at a density of 1.16 units per acre. The proposed minimum lot size will be 15,000 S.F. and proposed minimum house size shall be 3000 S.F. The Comprehensive Land Use Plan Map (C.L.U.P) colors these particular properties as low density residential. The C.L.U.P. appears to have created a small island of low density inside a large area of medium density, high density, and office and commercial uses. The subject property was formerly three residential acreage tracts that are now vacant. The property is wooded with a mix of mature growth and secondary growth pines and hardwoods. There is a small stream and abandoned pond on the southwest section of the property. The property abuts the City of Alpharetta on the south and west (R-15 Zoning - 15,000 S.F. lots) . The property to the southeast across Hopewell Road is in the City of Alpharetta and is zoned C-2 (current use assisted living facility). The property to the northeast across Hopewell Road is in the City of Milton and is designated T-4 Deerfield/Highway 9 Form Based Code (current use high density residential - 5500 S.F. lots). The property directly to the north is Vickery Crest Subdivision in the City of Milton. It is zoned CUP and was developed with 15,000 S.F. lots. There is an existing sanitary sewer line through the subject property. Public utilities are available on Hopewell Road. The proposed subdivision provides for the City of Milton buffers on the stream that traverses through the southwest section of the property. The proposed subdivision shall be accessed via extending the existing dead-end street Donegal Lane through to Hopewell Road in keeping with the City's policy of interparcel connectivity and bringing the existing Vickery Crest S/D into fire protection compliance. There are no proposed variances to the Development Code in this proposed rezoning. The applicant is seeking to develop a neighborhood similar in lot size and character as the adjoining Vickery Crest S/D and other neighborhoods in the immediate area. G:\Land Projects\2013-243A\Documents\REZONING DOCS\Letter of Intent.docx Page 2 December 21. 2016 The subject property lies in an area designated by the City of Milton as "Milton Lakes". This area is in the southernmost section of the City bordering the City of Alpharetta. This area transitioned in the late 1990s to mostly suburban neighborhoods with a mixture of lot sizes. The City of Milton Comprehensive Plan 2030 designates this area's future development for new residential neighborhoods to primarily match the mix of housing types & styles of established neighborhoods in this character area. Furthermore, the C.L.U.P. designates that fixture residential development should reflect an average of the current diversity of densities and housing patterns. In our immediate area, all of the City of Alpharetta properties (south and west) are zoned R-15 (15,000 S.F. lots) or are already developed 15,000 S.F. lots. To the east is City of Alpharetta commercial zoning with an institutional use. To the northeast (Glenhaven Subdivision) and north (Vickery Crest Subdivision), the City of Milton subdivisions are developed with 5,500 and 15,000 S.F. lots respectively. The applicants have owned this property for many years. It was the intent that this property would be a future phase of Vickery Crest. Vickery Crest was designed with the street and utility layout for the future expansion. The economic downturn around 2008-2012 caused the cancellation of these plans. Although the property is zoned agricultural, it is not practical for Farm use due to size restrictions and surrounding neighborhoods. One acre estate size lots and the necessary house size that economics dictates would be a very risky choice in this immediate area. The applicant desires to develop a residential single family neighborhood similar to the neighborhoods in this area. Should the rezoning be approved, Fuqua & Associates will be building the new homes in the proposed subdivision. It is our opinion that the proposed rezoning and use for this property conforms to the stated future land use plan as laid forth and adopted by the City of Milton in the text for the Milton Lakes character area. We feel that the proposed subdivision and the quality of homes that Fuqua has built in the Milton area for over 30 years would be an asset to the city and matches the surrounding neighborhoods. Finally, this proposed neighborhood would be a reasonable choice for this particular site and area. Sizoo/ ncerely, BRUMBELOW-RE E &ASSOCIATES, INC. E' Scott D. Reece, Agent for the applicants G:\Land Projects\2013-243A\Documents\REZONING DOCS\Letter of Intent.docx Applicant: ENVIRONMENTAL SITE ANALYSIS — FORM A Provide a complete Environmental Site Analysis document fully addressing all items as required in sections 1 through 3 below. Attach this Form A to the front of the completed Environmental Site Analysis document (and any subsequent revisions) prior to submission. ESA Revision Number: Fuqua &Associates, Steve &Peggy Fell Phone Number: ; ` 1 1. CONFORMANCE WITH THE COMPREHENSIVE PLAN. Describe the proposed project and the existing environmental conditions on the site. Describe adjacent properties. Include a site plan that depicts the proposed project. Describe how the project conforms to the Comprehensive Land Use Plan. Include the portion of the Comprehensive Plan Land Use Map which supports the project's conformity to the Plan. Evaluate the proposed project with respect to the land use suggestion of the Comprehensive Plan as well as any pertinent Plan policies. 2. ENVIRONMENTAL IMPACTS OF THE PROPOSED PROJECT. For each environmental site feature listed below, indicate the presence or absence of that feature on the property. Describe how the proposed project may encroach or adversely affect an environmental site feature. Information on environmental site features may be obtained from the indicated source(s). a. Wetlands • U. S. Fish and Wildlife Service, National Wetlands Inventory (h ttp://www.fws. gov/wetlands/Data/Mapper.html) • Georgia Geologic Survey (404-656-3214) • Field observation and subsequent wetlands delineation/survey if applicable b. Floodplain • Federal Emergency Management Agency (http://www.fema.or) • Field observation and verification c. Streams/stream buffers • Field observation and verification d. Slopes exceeding 25 percent over a 10 -foot rise in elevation • United States Geologic Survey Topographic Quadrangle Map • Field observation and verification e. Vegetation • United States Department of Agriculture, Nature Resource Conservation Service • Field observation f. Wildlife Species (including fish) City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004... 678-242-2500 Rezoning Application Page 9 • United States Fish and Wildlife Service • Georgia Department of Natural Services, Wildlife Resources Division, Natural Heritage Program • Field observation g. Archeological/Historical Sites • Historic Resources Survey • Georgia Department of Natural Resources, Historic Preservation Division • Field observation and verification h. Specimen trees • Identify all specimen trees as defined by the City of Milton Tree Preservation Ordinance 3 . PROJECT IMPLEMENTATION MEASURES. Describe how the project implements each of the measures listed below as applicable. Indicate specific implementation measures required to protect environmental site feature(s) that may be impacted. a. Protection of environmentally sensitive areas, i.e., floodplain, slopes exceeding 25 percent, river corridors. b. Protection of water quality c. Minimization of negative impacts on existing infrastructure d. Minimization on archeological/historically significant areas e. Minimization of negative impacts on environmentally stressed communities where environmentally stressed communities are defined as communities exposed to a minimum of two environmentally adverse conditions resulting from public and private municipal (e.g., solid waste and wastewater treatment facilities, utilities, airports, and railroads) and industrial (e.g., landfills, quarries and manufacturing facilities) uses. F . Creation and preservation of green space and open space g. Protection of citizens from the negative impacts of noise and lighting h. Protection of parks and recreational green space i. Minimization of impacts to wildlife habitats City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton; GA 30004 � 678-242-2500 Rezoning Application Page 10 oil a Land Surveyors. Land Planners, Development Consultants 13685 Highway 9 N Milton, Georgia 30004 Phone 770475-6817 Fax 770-5694948 Email: brasslnc@comeast.net December 15, 2016 Robyn MacDonald City of Milton Community Development 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 Re: Environmental Site Analysis -Rezoning of 12800, 12830, and 12850 Hopewell Road Dear Ms. MacDonald: We are representing Fuqua &Associates and Steve &Peggy Fell in their Rezoning Application From AG4 to R4 -A on the property located at 12800, 12830, and 12850 Hopewell Road. The applicants are proposing a 17 lot single family residential subdivision on 14.6± acres. The proposed site was formerly three residential acreage estates with a stream and abandoned lakebed on the southwest section of the property. The property is now vacant and completely wooded with a predominate mix of scattered hardwoods. The topography is gently rolling (10 percent and less) and slopes from northeast to southwest. The specimen trees have been identified and are shown on the site plan. There is no Zone A floodplain on this parcel per official FEMA flood map. There is a stream flowing through the southwestern portion of the property that has been located, and the City buffers have been incorporated into the proposed site plan. Wetlands located on the site are located within the 25 Foot stream buffers. No construction activities are proposed in any stream buffers. If constructed, the subdivision would have to gain approval of a 3-phase erosion control plan and best management practices to mitigate any downstream effects. Our field inspections discovered no vegetation or wildlife, including fish, listed on the environmental protection list. Our field observation revealed no archaeological or historical sites located on this property. In our opinion, the proposed rezoning should have minimal negative impact on water quality, infrastructure, archaeological/historical areas, surrounding citizens, and wildlife habitats. The proposed site plan incorporates stream buffers and common area to preserve environmentally sensitive areas and green space. The proposed rezoning should allow the construction of a residential subdivision in keeping with the surrounding neighborhood. Sincerely, BRUI�BELOW- SE &ASSOCIATES, INC. Scott D. Reece, Agent for the applicants G:\Land Projects\2013-243A\Documents\REZONING DOCS\Environmental Site Analysis.docx 1. ]11Y�PACT ANALYSIS FORM B (NOT NEEDED FOR USE PERMITS) sed llowi ions: Does the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby pro Does the zoning proposal adversely affect the existing use or usability of adjacent or nearby property? Does the property to be rezoned have a reasonable economic use as currently zoned? CRI P7 3• p p Y _ �j s r J �/OJ 7 Uv 6r IX t7KU46Ld;pF 44 q. Will the zoning proposal result in a use that could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? 4900 QHS �' ®t 4&5k 50 Is the zoning proposal in conformity with the policies and intent of the land use plan? _ l�' %tel/. - 6. 7. Are there existing or changing conditions that affect the use and development of either approval or denial of the zoning proposal? e� the property which support N Al Does the zoning proposal permit a use that can be considered environmentally adverse to the natural resources, environment and citizens of the City Io�f Milton?dew 99nf 11 oG City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500 Rezoning Application Page 11 Attach additlonal sheets as needed. DISCLOSURE REPORT FORM C Office use only Petition #: Mayor and Council Hearing Date Within the (2) years immediately preceding the filing of this zoning petition have you, as the applicant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for the rezoning petition, made any campaign contributions aggregating $250.00 or more or made gifts having an aggregate value of $250.00 to the Mayor or any member of City Council. If the answer is YES, proceed to sections 1 through 4. If the answer is NO, complete only section 4. 1. CIRCLE ONE: Party to Petition In Opposition to Petition If party to petition, complete sections 2, 3 and 4 below. If in opposition, proceed to sections 3 and 4 below. 2. List all individuals or business entities which have an ownership interest in the property which is the subject of this rezoning petition 3. CAMPAIGN CONTRIBUTIONS: Name of Government Total Dollar Official Amount Date of Enumeration and Description of Gift Contribution at $250.00 or more 4. The undersigned acknowledges that this disclosure is made in accordance with the Official Code of Georgia, Section 36 -67A -I et. seq. Conflict of interest in zoning actions, and that the information set forth herein is true to the undersigned's best owledge, information and belief. Name (print) Signature: Date: City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 � 678-242-2500 Rezoning Application Page 12 Attach additional sheets as needed. DISCLOSURE REPORT FORM C Office use only Petition #: Mayor and Council Hearing Date Within the (2) years immediately preceding the filing of this zoning petition have you, as the applicant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for the rezoning petition, made any campaign contributions aggregating $250.00 or more or made gifts having an aggregate value of $250.00 to the Mayor or any member of City Council. If the answer is YES, proceed to sections 1 through 4. If the answer is NO, complete only section 4. 1. CIRCLE ONE: Party to Petition In Opposition to Petition If party to petition, complete sections 2, 3 and 4 below. If in opposition, proceed to sections 3 and 4 below. 2. List all individuals or business entities which have an ownership interest in the property which is the subject of this rezoning petition 3. CAMPAIGN CONTRIBUTIONS: Name of Government Total Dollar Date of Enumeration and Description of Gift Official Amount Contribution at $250.00 or more elfq. The undersigned acknowledges that this disclosure is made in accordance with the Official Code of Georgia, Section 36 -67A -I et. seq. Conflict of interest in zoning actions, and that the information set forth herein is true to the undersigned's best knowledge, information and belief. Name (print) �'�, ,CY ���_ Signature: Date: •. � i ►`�, 1 � ,� �,� � %, City of Milton Community Development � 13000 Deerfield Parkway, Suite 107F ,.,Milton, GA 30004 � 678-242-2500.., Rezoning Application Page 12 Attach additional sheets as needed. DISCLOSURE REPORT FORM C Office use only Petition #: Mayor and Council Hearing Date Within the (2) years immediately preceding the filing of this zoning petition have you, as the applicant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for the rezoning petition, made any campaign contributions aggregating $250.00 or more or made gifts having an aggregate value of $250.00 to the Mayor or any member of City Council. If the answer is YES, proceed to sections 1 through 4. If the answer is NO, complete only section 4. 1. CIRCLE ONE: Party to Petition In Opposition to Petition If party to petition, complete sections 2, 3 and 4 below. If in opposition, proceed to sections 3 and 4 below. 2. List all individuals or business entities which have an ownership interest in the property which is the subject oft is rezoning petition 3. CAMPAIGN CONTRIBUTIONS: Name of Government Total Dollar Date of Enumeration and Description of Gift Official Amount Contribution at $250.00 or more 4. The undersigned acknowledges that this disclosure is made in accordance with the Official Code of Georgia, Section 36-67A-1 et. seq. Conflict of interest in zoning actions, and that the information set forth herein is true to the undersigned's best knowledge, information and belief. a Name (print) i i Signature: - Date: -'Z ® 2 City of Milton Community Development,,, 13000 Deerfield Parkway, Suite 107F .., Milton, GA 30004 ... 678-242-2500 Rezoning Application Page 12 �� " h l � I l t l �" �t•. � IP t1> I: IIA Applicant: 1. The following individuals (property owners within a quarter mile of the property), homeowners associations, political jurisdictions, other public agencies, etc., will be notified in accordance with the requirements of Sec. 64-2132 of the Zoning Ordinance. 0411, 477,4C o&l) 2. The individuals and others listed in 1. above will be notified of the requested rezoning/use permit using the following method(s): (e.g., letters, meeting notices, telephone calls, e-mails, etc.) 3. Individuals and others listed in 1. above will be allowed to participate in the following manner: (At least one meeting at a convenient time and location is requiredWr oj Attach additional sheets as needed. �1 G�rf��S City of Milton Conununity Development � 13000 Deerfield Parkway, Suite 107F � Milton, GA 30004 -- 678-242-2500 Rezoning Application Page 14 ht 0 2010 gPublic.net ter. oil Q .$4 d LL '1a Woodliff.Ct I I� ' 1'.m a•K-m �a•c•e.�D:r Lakes and Rivers _:- 2015 Parcel Sales = 2014 Parcel Sales Ll 2013 Parcel SalesWL, f- 0 I. ii h,•j..t i� ;A I� to 0 630 1660 24 90 Iy. Parcel: 22 496011093717 Acres: 0.0253 � � � LIMA MOKWANG DENISE &• 42100 120 BRINDLE LN • • 0 r' $320395 on 2015-05-29 Reason=9 Qual=U 2222 WATERS RUN I • . 42100 'Fulton DECATUR, GA 30035 1 �f Fulton County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. Date printed: 03/21/16:10:26:15 To: City of Milton Planning Commission From: Robyn MacDonald – Zoning Manager Date: March 16, 2017 Agenda Item: RZ17-03 (AG-1), RZ17-04 (R-1), RZ17-05 (R-2), RZ17-06 (R-2A) – Text Amendment to Pre-development notification and public informational meeting and Definitions. ____________________________________________________________________________ Department Recommendation: Staff recommends Approval of all the listed agenda items listed above. Executive Summary: The purpose of these text amendments is to delete the required pre- development notification and public informational meeting that is currently required after a concept plan is submitted for a proposed development. In lieu of this process, Staff proposes a public hearing before the Planning Commission to consider preliminary plats (more than 3 lots). This process is being proposed in Chapter 50, Subdivisions. Thus, the above mentioned requirements will no longer be needed. In addition, Staff is deleting definitions related to the previous requirement. RZ17-03 – Text Amendment (AG-1) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/16/2017 Page 1 of 2 Sec. 64-418. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses with more than three lots or a land disturbance permit for non-residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prio r to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-281 , § 1, 9-7-2016) Sec. 64-419. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: RZ17-03 – Text Amendment (AG-1) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/16/2017 Page 2 of 2 (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to prov ide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. T he terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setba ck. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-281 , § 1, 9-7-2016) RZ17-04 – Text Amendment (R-1) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 1 of 2 Sec. 64-441. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at the subject site within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public, on site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-282 , § 1, 9-7-2016) Sec. 64-442. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil prep aration and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or fur ther processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: RZ17-04 – Text Amendment (R-1) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 2 of 2 (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-282 , § 1, 9-7-2016) RZ17-05 – Text Amendment (R-2) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 1 of 2 Sec. 64-464. - Pre-development notification and public, on site informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-283 , § 1, 9-7-2016) Sec. 64-465. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: RZ17-05 – Text Amendment (R-2) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 2 of 2 (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-283 , § 1, 9-7-2016) RZ17-06 – Text Amendment (R-2A) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 1 of 2 Sec. 64-487. - Pre-development notification and public informational meeting. (a) Prior to the approval of a conceptual plan for residential uses or a land disturbance permit for non - residential uses, the community development department shall hold a public informational meeting at city hall within 30 days of the conceptual plan or land disturbance permit being submitted. (b) The applicant or agent shall post a sign as directed by the community development department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the public informational meeting. It will be the applicant's responsibility to ensure the posting remains in a conspicuous location on site until after the scheduled public site informational meeting. (c) The department shall give notice of the public informational meeting by regular mail to all property owners or current residents within 500 feet of the boundaries of the subject property and a minimum of 75 owners who appear on the city tax records as retrieved by the city's geographic information system in the surrounding area around the subject property, which 75 owners may include those located within 500 feet of the subject property. The notices shall be mailed a minimum of 14 days prior to the public informational meeting. (d) The mailed notices shall contain the time, place, and purpose of the public informational meeting, the location of the property, and description of the proposed development. The posted sign shall include all of the items required in the mailed notice except the location of the property. (e) At least one city staff member shall be present at the public informational meeting. (f) Members of the city council and planning commission shall be notified of the public informational meeting. ( Ord. No. 16-09-284 , § 1, 9-7-2016) Sec. 64-488. - Definitions. [The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agricultural operations used synonymously with agricultural purposes means the following activities: raising, growing, harvesting, or storing of crops, including, but not limited to, soil preparation and crop production services such as plowing, fertilizing, seed bed preparation, planting, cultivating, and crop protecting services; feeding, breeding, or managing livestock, equine, or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, equine, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, ratites, and turkeys; producing plants, trees, fowl, equine, or other animals; producing aquacultural, horticultural, viticultural, silvicultural, grass sod, dairy, livestock, poultry, egg, and apiarian products; processing poultry; post-harvest services on crops with the intent of preparing them for market or further processing, including but not limited to crop cleaning, drying, shelling, fumigating, curing, sorting, grading, packing, ginning, canning, pickling, and cooling; slaughtering poultry and other animals; and manufacturing dairy products. Agricultural operations also include equestrian related activities such as riding rings, dressage fields, and related activities to the equine industry. Agricultural operations does not include constructing, installing, altering, repairing, dismantling, or demolishing real property structures or fixtures, including, but not limited to, grain bins, irrigation equipment, and fencing. Construction means the process, act or manner of constructing something. Developer means person or entity listed as the applicant on a land disturbance application or building permit. Development means any manmade change to improved or unimproved real estate including, but not limited to: RZ17-06 – Text Amendment (R-2A) prepared for the Planning Commission Meeting on March 22, 2017 3/17/20173/15/2017 Page 2 of 2 (1) Buildings or other structures; (2) Mining; (3) Dredging, filling, clearing and grubbing; (4) Grading and paving; and (5) Any other installation of impervious cover, excavation or drilling operations or storage of equipment or materials. Development area means geographic area included within a land disturbance permit or building permit. Design committee means a committee composed of the community development director, city architect, city arborist and if necessary any other city staff as required to provide design review of the rural viewshed. Lot is synonymous with tract and parcel. Owner means the legal or beneficial owner of a site including, but not limited to: (1) A mortgagee or vendee in possession; (2) Receiver; (3) Executor; (4) Trustee; (5) Lessee; or (6) Other person in control of the site. Parcel means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Plan, conceptual means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Rural viewshed means the view that can be seen from an exterior street and its purpose is to protect the scenic view and promote the city's visual and aesthetic character. The viewshed shall be comprised of two sections: a 40-foot primary rural viewshed setback, that section located closest to the exterior street; and, a 20-foot secondary rural viewshed setback, located immediately contiguous to, the primary setback. Setback, primary rural viewshed means an area adjacent to an exterior street or easement, whichever is more restrictive, in which no structures shall be constructed. Setback, secondary rural viewshed means a space contiguous to and to the interior of the primary rural viewshed setback in which no structures shall be constructed. Site means the parcel of land being developed, or the portion thereof on which the land development project is located. Tract is synonymous with lot and parcel. ( Ord. No. 16-09-284 , § 1, 9-7-2016) To: City of Milton Planning Commission From: Robyn MacDonald – Zoning Manager Date: March 16, 2017 Agenda Item: Text Amendment - Chapter 2 of the City Code – Administration- Sec. 2-206 – Duties of the Planning Commission ____________________________________________________________________________ Department Recommendation: Staff recommends Approval of this item. Executive Summary: Currently, the Planning Commission’s duties include only the ability and advise on to review rezonings, use permits, concurrent variances and text amendments. The proposed amendment will grant the PC the ability to approve or disapprove preliminary plats. This is part of the global change to the Preliminary Plat process to include a public hearing to be held at the Planning Commission meeting. The new process is outlined in Chapter 50, Subdivisions, which is concurrently being considered on this agenda. Chapter 2 – City Code -Text Amendment prepared for the Planning Commission Meeting on March 22, 2017 3/16/2017 Page 1 of 1 DIVISION 3. - PLANNING COMMISSION Sec. 2-205. - Purpose. This planning commission is a seven-member advisory board that reports its findings, decisions and recommendations to the mayor and city council. (Ord. No. 07-04-11, § 2, 2-15-2007) Sec. 2-206. - Duties. The commission is charged with upholding the policies of the city comprehensive plan when reviewing rezonings, use permits, concurrent variances, and changes to the city zoning ordinance (chapter 64) and associated zoning map. In addition, the commission is charged with making decisions on preliminary plats. (Ord. No. 07-04-11, § 3(I), 2-15-2007) Sec. 2-207. - Composition. (a) Nominations. Each councilmember and the mayor shall nominate his or her designee for one of the seven positions on the commission. (b) Residency requirement. The mayor's designee shall reside anywhere within the city and each of the councilmember's designees shall reside within his or her respective council district. (c) Confirmation. The designees shall be confirmed by a majority vote of the city council. (d) Eligibility; removal. The commission members shall be a minimum of 21 years of age and be a United States citizen or legal resident. Any commission member may be removed from office for cause by a vote of the city council. (Ord. No. 07-04-11, §§ 3(II)—6, 2-15-2007) Sec. 2-208. - Terms. The commission members shall serve concurrently with their respective councilmembers as follows: (1) Districts 2, 4 and 6: one-year term expiring December 31, 2007; after that the term will last for four years. (2) Districts 1, 3 and 5 and the mayor: three-year term expiring December 31, 2009; after that the term will last for four years. (Ord. No. 07-04-11, § 7, 2-15-2007) Sec. 2-209. - Reimbursement. The city council shall only provide for the reimbursement for actual and necessary expenses of the planning commission. (Ord. No. 07-04-11, § 8, 2-15-2007) Secs. 2-210—2-228. - Reserved. To: City of Milton Planning Commission From: Robyn MacDonald – Zoning Manager Date: March 16, 2017 Agenda Item: RZ17-07 – Text Amendment to amend Sec. 64-2453 – Creation of historic preservation commission (To allow compensation for meetings.) ____________________________________________________________________________ Department Recommendation: Staff recommends Approval of this item. Executive Summary: Currently, the Historic Preservation (HPC) ordinance states that the HPC cannot receive any compensation. The purpose of this text amendment is to allow the Historic Preservation Commission (HPC) to receive compensation for attendance at each of their meetings based on direction from the Mayor and City Council. RZ17-07 – Text Amendment prepared for the Planning Commission Meeting on March 22, 2017 3/16/2017 Page 1 of 2 Sec. 64-2453. - Creation of a historic preservation commission. (a) Creation of the historic preservation commission. There is hereby created a commission whose title shall be "Milton Historic Preservation Commission" (hereinafter ("HPC"). (b) HPC members: Numbers, appointment, terms, and compensation. The HPC shall consist of seven members. Each of the individual members of the Milton City Council and the mayor shall appoint a member of the HPC. The terms of individual members shall be two years, o r until a new member is appointed to replace them - whichever occurs later, and shall begin on January 1 of each even numbered calendar year. If a member is replaced for any reason, the new member shall serve only the remaining portion of the replaced member's term. There shall be no limit on the number of terms a member may serve on the HPC. Each appointee shall reside anywhere within the limits of the City of Milton, and not be bound to a councilperson's respective council district. To the extent individuals are available and willing to serve in the City of Milton, at least three official, voting HPC members shall be appointed from among professionals in the disciplines of architecture, history, architectural history, planning, archeology, building construction, real property appraisal, or related professions. HPC members shall not receive a salary, although they may be reimbursed for expenses with the prior approval of the city manager. Milton Historic Preservation Commission members may be reimbursed for the actual and necessary expenses of the Milton Historic Preservation Commission, and shall be compensated in the amount of $50.00 for each meeting of the Milton Historic Preservation Commission the member attends. For purposes of this section, the term “meeting” shall have the same meaning as set forth in O.C.G.A. 50-14-1(a)(3)(A).” (c) Statement of the HPC's powers. Without limiting authority provided elsewhere in this, or any other ordinance, the HPC shall be authorized to: (1) Prepare and maintain an inventory of all property within the City of Milton having the potential for designation as historic; (2) Recommend to the Milton City Council specific districts, sites, buildings, structures, or objects to be designated by ordinance as a historic property or a historic district; (3) Review applications for certificates of appropriateness, and grant or deny same in accordance with the provisions of this article; (4) Recommend to the Milton City Council that any designation of a historic property or historic district be revoked or removed; (5) Restore or preserve any historic properties acquired by the City of Milton, subject to funding availability and with the prior approval of the Milton City Council; (6) Promote the acquisition by the City of Milton of façade easements and conservation easements as appropriate, in accordance with the provisions of the Georgia Uniform Conservation Easement Act of 1992 (O.C.G.A. §§ 44-10-1 through 44-10-5); (7) Conduct educational programs on historic properties located within the City of Milton and on general historic preservation activities; (8) Make such investigations and studies of matters relating to historic preservation including consultation with historic preservation experts, as the Milton City Council or the HPC itself may, from time to time, deem necessary or appropriate for the purposes of preserving historic resources; RZ17-07 – Text Amendment prepared for the Planning Commission Meeting on March 22, 2017 3/16/2017 Page 2 of 2 (9) Research local, state, federal, or private funds for historic preservation, and make recommendations to the Milton City Council concerning the most appropriate use of any funds acquired; (10) Recommend to the Milton City Council possible historic resource incentive programs for their review; (11) Submit to the Historic Preservation Division of the Georgia Department of Natural R esources a list of designated historic properties or historic districts; (12) Perform historic preservation activities as the official agency of the Milton Historic Preservation Program; (13) Retain persons with professional expertise to carry out specif ic tasks, as needed, subject to approval by the Milton City Council; (14) Receive donations, grants, funds, or gifts of historic property and acquire and sell historic properties provided the Milton City Council has provided prior consent to do so and all state and local laws regarding local government property disposition are followed. The receipt of donations, grants, funds, or gifts shall be accepted only if such acceptance does not violate the City of Milton Code of Ethics; (15) Review and make comments to the Historic Preservation Division of the Georgia Department of Natural Resources concerning the nomination of properties within its jurisdiction to the National Register of Historic Places; (16) Participate in private, state, and federal historic preservation programs and with the approval of the Milton City Council enter into contractual agreements to do the same; (17) Work with a City of Milton Staff member, who will serve as liaison between HPC and mayor and city council. (d) HPC's power to adopt rules and standards. The HPC shall adopt rules and standards for the transaction of business and for consideration of applications for designations and certificates of appropriateness, such as by-laws and design guidelines, not inconsistent with this article. The HPC shall have the flexibility to adopt such rules and standards without amendment to this article. The HPC shall provide for the time and place of regular meetings and a method for the calling of special meetings, consistent with the Georgia Open Meetings Act. The HPC shall select such officers as it deems appropriate from among its members. A quorum shall consist of a majority of voting members. All rules shall be ratified by the Milton City Council before becoming effective. (e) Conflict of interest. The HPC shall be subject to all conflict of interest laws set forth in the Georgia Statutes and in the City of Milton Charter. (f) HPC's authority to receive funding from various sources. The HPC shall have the authority to accept donations on behalf of the City of Milton and shall ensure that these funds do not displace appropriated governmental funds. The HPC shall be subject to and comply with the Milton Ethics Code. (g) Records of HPC meetings. A public record shall be kept of the HPC's resolutions, proceedings, and actions. Reports to the Milton City Council will also be made on a regular and timely basis. (Ord. No. 12-04-133, § 1, 4-23-2012) To: City of Milton Planning Commission From: Robyn MacDonald – Zoning Manager Date: March 17, 2017 Agenda Item: Text Amendment to amend Chapter 50 of the City Code – Subdivisions – Consideration to amend the process of plat procedures ____________________________________________________________________________ Department Recommendation: Staff recommends Approval of this item. Executive Summary: Currently, newly proposed subdivisions are submitted to the City as a concept plan that is reviewed for compliance with city codes by Community Development Staff before being presented at a public informational meeting. Subsequently, Land Disturbance Plans are submitted and reviewed before a permit is issued and the development is constructed. The applicant must then file a Final Plat that is reviewed by staff and approved by the Mayor and City Council before being recorded at the Fulton County Superior Court to complete the subdivision of land. The purpose of this text amendment is to require applicants to submit a Preliminary Plat, formerly called concept plan, which is reviewed by Community Development Staff for completeness and then presented at a Planning Commission meeting where the subdivision will be either approved or denied. The text amendment would also require that, following the issuance of a Land Disturbance Permit, a Final Plat be submitted by the applicant that would be reviewed by staff and certified for compliance by the Community Development Director before being forwarded to the Mayor and City Council for a public hearing and confirmation. Upon confirmation, the City will record the Final Plat at the Fulton County Superior Court. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 1 3/17/2017 Chapter 50 - SUBDIVISIONS[1] Footnotes: --- (1) --- State Law reference— Municipal annexations, O.C.G.A. § 36-36-1 et seq.; county and municipal urban development, O.C.G.A. § 36-61-1 et seq.; city and county zoning procedures, O.C.G.A. § 36-66-1 et seq.; local zoning proposal review procedures, O.C.G.A. § 36-67-1 et seq.; coordinated and comprehensive planning and service delivery by counties and municipalities, O.C.G.A. § 36 -70-1 et seq. ARTICLE I. - IN GENERAL Sec. 50-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley or service drive means a minor, permanent vehicular service access to the back or the side of properties otherwise abutting a street. Bike paths means paths that serve to separate bicycle riders from vehicle and pedestrian traffic. Bike paths can meander through wooded areas, traverse the edge of open areas, and may (in many instances) parallel existing roadways or walks. Block means a parcel of land or lots entirely surrounded by public or private streets, other than alleys. Buildable area means that portion of a lot where buildings and specified s tructures may be located after all minimum yards, buffers, landscape strips, and other setbacks have been met. Building setback line means a graphic representation of the required minimum horizontal distance between a building and the related front, side, or rear property lines which establish the minimum space to be provided between the building and property lines. Comprehensive plan means a set of documents approved by the mayor and city council which sets forth desired long range development patterns for the incorporated City of Milton, Georgia. Crosswalk means a right-of-way dedicated to public use, four feet or more in width that crosses a street and furnishes a specific area for pedestrian movements at an intersection. Cul-de-sac means a street having only one connection to another street and being permanently terminated by a vehicular turn around. Cul-de-sac, temporary, means a street having one end open to traffic and being temporarily terminated by a vehicular turnaround. This temporary termination is to provide connectivity to future developments. Department means the Community Development Department, City of Milton, Georgia. Director means the director of the community development department or his or her designee. Driveway, access or shared, means a paved area used for the ingress or egress of vehicles, and allowing access from a street to a building, other structure or facility. Driveway, single-family residential, access or shared (private drive) means a paved or unpaved area used for ingress or egress of vehicles which allows access from a street to a building, other structure or facility for no more than three single-family residential lots. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 2 3/17/2017 Easement means a grant by the property owner for use by the grantee of a portion of land for specified purposes. Health and wellness department means the Fulton County Health and Wellness Department or authorized representative thereof. Land disturbance permit. (1) The term "land disturbance permit" means an official authorization issued by the d epartment, allowing defoliation or alteration of a site or the commencement of any construction activities including, but not limited to: a. Clearing; b. Grubbing; c. Dredging; d. Grading; and e. Excavating, transporting and filling of land. (2) The term "land disturbance permit" does not include agricultural practices as defined in the O.C.G.A. § 1-3-3. Lot means the basic lawful unit of land, identifiable by a single deed established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon. In determining the area and dimension of a lot, no part of the right-of-way of a road or crosswalk may be included. Lot, corner means a lot abutting two or more streets at their intersection. Lot, double/multiple frontage, means a lot other than a corner lot abutting two or more streets that may or may not intersect at that lot. Lot, minimum lot size, means the smallest permissible lot area established by chapter 64 or the conditions of zoning. Mayor and city council means the mayor and city council of the City of Milton, Georgia. Plan, conceptual, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The conceptual plan is the first stage in securing a land disturbance permit. Plat means a map indicating the subdivision or resubdivision of land, intended to be filed for recording. Plat, final, means a finished drawing of a subdivision that provides a complete and accurate depiction of all legal and engineering information required by this chapter. Certification for recording and ratification of the manager's Aapproval by the mayor and city council is required. Plat, minor, means a finished drawing of a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve: (1) A land disturbance permit; (2) New streets; (3) The extension of a utility or other municipal facility; and (4) Depicts all legal and engineering information required by this chapter. Plat, Preliminary, means a drawing that shows the proposed layout of a subdivision in sufficient detail to indicate its workability and feasibility, but is not in final form for recording, pursuant to these regulations. The preliminary plat is the first stage in securing a land disturbance permit. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 3 3/17/2017 Right-of-way dedication and reservation plan means an element of the city's comprehensive plan maintained by the public works department which includes guidelines and procedures for the dedication and reservation of rights-of-way along public roadways. Standard details means illustrative minimum standards for land development activities authorized under the city's land development regulations. These standards shall not supercede more restrictive prudent design requirements or good engineering practices as applied to specific situations on a case -by- case basis. All construction shall meet or exceed the Fulton County minimum standards established by the Georgia Department of Transportation (GDOT). Street classifications means the classification of streets based on functions, from high -traffic arterial roads to low traffic residential streets. The following are definitions intended to distinguish between different street classifications. All roadways are classified per the state department of transportation: Collector means a roadway that has partial or no access control and has more emphasis on access to adjacent land over m obility than arterials. The primary purpose is to distribute trips to and from the arterial system and allow access to the local roads. Freeway means a multi-lane roadway that has full access control and separation of directional traffic. Freeways accommodate large volumes of high speed traffic and provide efficient movement of vehicular traffic for interstate and major through travel. Frontage street means a road that typically runs parallel to a partial access controlled roadway, a full access controlled facility, or a railroad. Frontage roads provide public access to the adjacent parcels, help control access to the major facility, and/or maintain circulation of traffic on each side of the major facility. Full access control means preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossings at grade and direct private connections. Local means any roadway that has no access control, and places strong emphasis on access to adjacent land over mobility while service to through traffic is discouraged. Minor arterial means a roadway that has partial or no access control and is primarily used for inter-connectivity of principal arterials and placing more emphasis on access to adjacent land over mobility. No access control means preference is generally given to access to adjacent land rather than mobility. Partial access control means preference is given to through traffic to a degree that, in addition to connection with selected public roads, there may be some crossing at grades, but private connections shall be prohibited. Principal arterial means a roadway that has partial or no access control, and is primarily used for fast or large volumes of traffic. Emphasis is placed on mobility rather than access to adjacent land. Street, private, means a street that has not been dedicated to the municipality or other government entity. Street, public, means a dedicated and accepted right-of-way for vehicular traffic. Street, residential, means streets internal to residential subdivisions. The following definitions are intended to distinguish between different categories of streets internal to residential subdivisions: Housing unit service means the number of housing units served by a street or collection of streets shall be the aggregate number of housing units provided, or potentially to be provided, with driveway access directly from the street plus the number of units utilizing or potentially utilizing the street for through traffic movements. Such calculations shall be made at the beginning and ending of the same street intersection. Major subdivision street means a local road internal to a subdivision which serves 50 or more housing units. These units do not have to be directly served by the major subdivision street. Major Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 4 3/17/2017 subdivision streets are roads that serve as collectors for the subdivision traffic. Any residential street which accesses a collector or arterial road shall be considered a major subdivision street for the first 300 feet regardless of housing unit service. Minor subdivision street means a local road internal to a subdivision which serves fewer than 50 housing units and does not access a collector or arterial road. Stub-out street means a street having one end open to traff ic and being temporarily terminated at the other. Stub-outs generally do not have a temporary vehicular turnaround. This temporary termination is to provide connectivity to future developments and may be constructed without curb and gutter, provided such stub-out street meets the standards of the Fulton County Fire Department. Subdivider means any property owner, person, individual, firm, partnership, association, corporation, estate, trust, agent of property owner, or any other group or combination acting as a unit dividing or proposing to divide land so as to constitute a subdivision. Subdivision, residential and nonresidential, means any division of a lot, tract or parcel, regardless of its existing or future use, into two or more lots, tracts or parcel s. The term "subdivision" means the act or process of dividing property, except that, where appropriate to the context, the term "subdivision" may be used in reference to the aggregate of all lots held in common ownership at the time of subdivision. Subdivision, major, means a subdivision that does not qualify as a minor subdivision. Subdivision, minor, means a subdivision of no more than three lots that, at the time of subdivision, does not necessarily, but may involve[PF1]: (1) A land disturbance permit; (2) New streets; or (3) The extension of a utility or other municipal facility. Traffic mitigation action plan means a plan that studies and addresses the number of trips a subdivision will produce when such development results in the reduction of the level of service on any roadway currently functioning at "D" or worse in accordance with the county transportation standards. (1) The term "traffic mitigation action plan" includes, but is not limited to: a. Roadway improvements; and b. Other proposals, such as: 1. Providing transit access; 2. Transit use incentives; 3. Car/van pooling; 4. Bicycle path construction; 5. Off-site and internal sidewalk construction; and 6. Lunch trip reduction. (2) The traffic mitigation action plan shall mitigate the traffic impact in a manner that will show no negative impact on roads with level of service of "D" or worse. Trails, pedestrian or others, means extended and usually continuous strips of land established independently of other routes of travel and dedicated, through ownership or easement, to recreational travel including hiking, horseback riding, etc. Utility accommodations (guidelines and procedures) means a county program maintained by the public works department which includes: Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 5 3/17/2017 (1) Installing, maintaining, repairing, operating, or using a pole line, buried cable, pipeline, or miscellaneous utility facility; and (2) Performing miscellaneous operations authorized by a utility permit. Utility permit means an official authorization issued by the public works department, allowing the alteration of land within the right-of-way for the commencement of any construction activities pertaining to utility installation or relocation. Zoning ordinance means the Zoning Ordinance of the City of Milton, Georgia, (chapter 64). (Ord. No. 06-12-74, § 6(art. III), 12-21-2006) Sec. 50-2. - Penalty. (a) Civil. Any person violating any provision of this chapter, shall be deemed liable for civil penalties not less than $1,000.00 and not to exceed $2,500.00 and/or imprisonm ent for 60 days, or as amended by applicable statutes. Each day's continuance of a violation shall be considered a separate offense. The owner of any lands or parts thereof, where anything in violation of this provision shall be placed, or shall exist, and any person who may assist in the separate offense, the city court, or any court of competent jurisdiction, shall have jurisdiction of any offense charged under this section. (b) Additional remedies. In any case in which any land is, or is proposed to be, used in violation of these regulations or any amendment thereto adopted by the mayor and city council, may, in addition to other remedies provided by law, institute injunction, abatement or any appropriate action, or proceeding to prevent, enjoin or abate such unlawful use. (Ord. No. 06-12-74, § 6(art. XI(11.1), (11.2)), 12-21-2006) Sec. 50-3. - Title. The title of these regulations shall be known as "The Subdivision Regulations of the City of Milton, Georgia." (Ord. No. 06-12-74, § 6(art. I(1.1)), 12-21-2006) Sec. 50-4. - Purpose. These rules and regulations are intended to serve the following purposes, among others: (1) To protect and promote the health, safety and general welfare of the city's residents. (2) To encourage economically sound and stable land developments. (3) To ensure the adequate provision of streets, access, utilities, and other facilities and services to new land developments in conformance with public improvement standards and regulations of the city. (4) To ensure the adequate provision of safe and convenient traffic access, connectivity to other developments or facilities, and efficient circulation (both vehicular and pedestrian) in new land developments. (5) To ensure the provision of needed open space and building sites in new land developments through dedication or reservation of land for recreational, educational, environmental, green space, bikeways and pedestrian trails, and other public purposes. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 6 3/17/2017 (6) To ensure equitable handling of all requests for the subdivision of land by providing uniform procedures and standards for the subdivider. (Ord. No. 06-12-74, § 6(art. I(1.2)), 12-21-2006) Sec. 50-5. - Conflicts. Where conflicts exist between this chapter and other city regulations and policies, either the most restrictive or the city's written interpretation shall prevail. (Ord. No. 06-12-74, § 6(art. XII), 12-21-2006) Secs. 50-6—50-42. - Reserved. ARTICLE II. - AUTHORITY AND APPLICATION Sec. 50-43. - Portions of state Constitution adopted. These subdivision rules and regulations are adopted under the authority of the following portions of the 1983 Constitution of the State of Georgia: (1) Article IX, section II, paragraph I; and (2) Article IX, section II, paragraph IV. (Ord. No. 06-12-74, § 6(art. II(2.1)), 12-21-2006) Sec. 50-44. - Minor/conceptualPreliminary plat required. (a) Any subdivider of land within the incorporated city shall submit to the director of the community development department a minor or conceptualpreliminary plat of the proposed subdivision conforming to all the requirements set forth in these regulations and any other applicable county, state and federal regulations. Approval of the preliminary plat application shall be considered by the director or the planning commission as appropriate. Once the conceptual preliminary plat is approved, a final plat must be filed which conforms to all requirements set forth in these regulations. (Ord. No. 06-12-74, § 6(art. II(2.2)), 12-21-2006) Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation. No person, firm, corporation, owner, agent or subdivider shall sell, transfer or agree to sell any subdivided land without the minor or final plat of that subdivision having been confirmed by the mayor and city council. (Ord. No. 06-12-74, § 6(art. II(2.3)), 12-21-2006) Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 7 3/17/2017 Sec. 50-46. - Approval and permits required prior to construction. No subdivider shall proceed with any construction work on the proposed subdivision, including clearing, grading or grubbing, before obtaining the appropriate approvals and permits. (Ord. No. 06-12-74, § 6(art. II(2.4)), 12-21-2006) Sec. 50-47. - Approval and confirmation required prior to dedicating, extending or accepting public street. No land shall be dedicated, opened, extended or accepted as a public street or for any other public purpose before obtaining final approval from the director and confirmation by the mayor and city council. The approval shall be entered in writing on the final plat by the director. Any subdivider of property for public purpose (other than streets) shall be transferred by deed. (Ord. No. 06-12-74, § 6(art. II(2.5)), 12-21-2006) Sec. 50-48. - No building permit issued unless legal access to street approved. No building permit shall be issued within the incorporated area of the city unless legal access is provided to a public street or a private street approved under the terms of these rules and regulations. (Ord. No. 06-12-74, § 6(art. II(2.6)), 12-21-2006) Sec. 50-49. - Residential subdivision building permit issued only after approval and confirmation of minor or final plat. In residential subdivisions, building permits may be issued on the basis of any approved minor plat or final plat [PF2]only after the approval of the director, and the mayor and city council's confirmation. (Ord. No. 06-12-74, § 6(art. II(2.7)), 12-21-2006) Sec. 50-50. - Court ordered divisions of property excepted from this chapter. The divisions of property by court order including, but not limited to, judgments of forecl osure or consolidation and disbursement of existing lots by deed or other recorded instruments, shall not be considered a subdivision for purposes of, and shall not obviate the necessity for compliance with, these regulations. (Ord. No. 06-12-74, § 6(art. II(2.8)), 12-21-2006) Sec. 50-51. - Model home regulations. (a) The subdivider shall be allowed one building permit for a model home for each 15 lots located in the proposed subdivision; provided the subdivider provides an agreement to install improveme nts for a cash surety equal to 125 percent of the cost for the remaining infrastructure improvements, based on written estimates by the design professional for the project. Notwithstanding the permitted rate for model homes, the maximum number of building permits for model homes to be allowed in any one subdivision shall not exceed ten. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 8 3/17/2017 (b) The following shall apply for lots where model homes are allowed: (1) The lots shall be located within 300 feet of an active fire hydrant; (2) Main sewer and water lines for these lots shall be installed by the developer and be subject to review and approval by Fulton County; installation of these lines shall take place prior to issuance of the certificate of occupancy; and (3) The lots shall have a minimum 20-foot wide fire access road extending from a paved public street to within 100 feet of the proposed structure. (Ord. No. 06-12-74, § 6(art. II(2.9)), 12-21-2006) Secs. 50-52—50-70. - Reserved. ARTICLE III. - REQUIREMENTS DIVISION 1. - GENERALLY Sec. 50-71. - Compliance with city procedures and guidelines required. All proposals to subdivide combine or recombine parcels of land under the provision of these regulations shall be in compliance with the City of Milton's Standard Procedures and Guidelines for Subdividing Property. (1) All final plats, replats and minor preliminary plats shall have the consent of the owners of all affected lots shown on said plat. Replats or new plats showing modifications to common areas shall require the consent of owners of all lots shown in the original final plat. (2) Proposals for the subdivision, combination or recombination of lawful previously platted lots or parcels, or portions thereof, shall be in compliance with the zoning ordinance (chapter 64). (3) If construction activity contemplated results in the disturbance of an area of 5,000 square feet or more, a land disturbance permit must be approved along with any building permit prior to construction. (4) Where a proposed lot fronts an existing public street, the subdivider shall improve the street along the lot's frontage to the applicable standards of these regulations and any standard details as determined by the director. (5) All slope, drainage and utility easements, as well as necessary right-of-way widths (as determined by the director) on an existing public street, paved or unpaved, shall be provided by the subdivider at no cost to the city. (6) Each proposed lot shall comply with the requirements of the Fulton County Department of Health, whose certification of approval shall accompany the submission of the final plat to the director. (7) A minor preliminary plat proposal, as defined in section 50-1, may be exempt from traffic and drainage studies and tree surveys, when an analysis is submitted and concludes th at the development would have no negative impact on traffic or drainage. (8) Each lot created under the provisions of a minor plat subdivision shall not subsequently be resubdivided pursuant to the provisions of a minor platsubdivision. (9) For the division of land in the AG-1 (Agricultural) zoning district adjacent to or has access to unpaved roads, the following rules shall apply: a. Each proposed lot shall contain a minimum area of three acres. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 9 3/17/2017 b. Each proposed lot shall provide at least 100 feet of road frontage, the minimum dimension of which shall be maintained to the building line of the lot. c. Each proposed lot shall provide at least 200 feet of lot width at the building line. (10) For the division of land in O-I, C-1, C-2, MIX, and M1-A, M-1 and M-2 zoning districts, after initial development of the property, the following standards shall also apply: a. A proposed lot fronting an existing public street shall contain the necessary frontage required by the zoning ordinance (chapter 64). b. The subdivider shall submit documentation of the necessary easements providing for access to a public street for proposed lots that front only on an existing, documented, paved private street or driveway. c. All slope, drainage and utility easements, as well as necessary street rights-of-way (as determined by the director) shall be provided by the subdivider at no cost to the city. (Ord. No. 06-12-74, § 6(4.1), 12-21-2006) Secs. 50-72—50-90. - Reserved. DIVISION 2. - PROCESS Sec. 50-91. - Conceptual planPreliminary plat approval. (a) All preliminary plat applications shall be reviewed by the community development department staff for completeness. A preliminary plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an application is not complete, the applicant will be notified of any deficiencies and provided the opportunit y to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected preliminary plat, staff may reject the application entirely or request that the applicant submit a new corrected preliminary plat. (1) For minor subdivision preliminary plats, after staff determines that the application is complete, the community development director shall review the preliminary plat and shall approve the plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (2) For major subdivision preliminary plats, after staff determines that the application is complete, the community development director shall forward the application to the planning c ommission for consideration. The planning commission shall review the preliminary plat at its next regularly scheduled meeting and shall approve the plat unless the plat is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (3) A preliminary plat application may be denied without prejudice, thereby allowing the applicant to resubmit a revised plat for consideration without the necessity of paying a new application fee, if the application is found to be inconsistent with the public health, safety and welfare, but in such a way that minor revisions to the plat could correct the inconsistency. (b) (a) Pursuant to these regulations, application for conceptual plan approval shall be submitted to the department, and, if found compliant, a certificate of conceptual plan Preliminary plat approval shall be issued which shall continue in effect for a period as follows or for as long as construction activity is continuous and at least 25 percent of the land area within the plan preliminary plat has received final plat approval, whichever is longer: Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 10 3/17/2017 (1) Two years for subdivisions of 50 lots or less. (2) Three years for subdivisions of more than 50, but less than 300 lots. (3) Four years for subdivisions of more than 300 lots. (b) Accordingly, if the certificate of conceptual planpreliminary plat approval expires, a new application shall must be submitted and shall be subject to the regulations in effect at the time of such submission. (c) Should the preliminary plat application be denied, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-231. (Ord. No. 06-12-74, § 6(4.2(4.2.1)), 12-21-2006) Sec. 50-92. - Land disturbance permit. (a) Following the issuance of the certificate of conceptual planpreliminary plat approval, site development plans shall be submitted for approval prior to any defoliation or the commencement of development activities on the subject property. Approval of such plans shall result in the issuance of a duly authorized land disturbance permit which, along with the approved plans, must be maintained on the site until all site work, as proposed and approved, is completed. (b) An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued, except that the director is authorized to grant a maximum of two extensions of time not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. (c) Prior to the issuance of a land disturbance permit, an indemnity agreement form must be filed by the subdivider protecting the city against damage, repair or maintenance claims and liability arising out of drainage problems. The director, or his or her designee, is hereby authorized to execute such agreements on the city's behalf. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 11 3/17/2017 (d) Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The director is authorized to grant, in writing, a maximum of two extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. (Ord. No. 06-12-74, § 6(4.2(4.2.2)), 12-21-2006) Sec. 50-93. - Final plat. (a) (a) Whenever the provisions of these rules and regulations have been complied with and while the certification of conceptual planpreliminary plat approval is in effect, the subdivider may submit to the manager community development director an application for final plat review and approval pursuant to these regulations. All required infrastructure shall be completed and approved, or performance bonds for a portion of such improvements shall be filed in accordance with subsection (c) of this section prior to filing for final plat approval. (b) The final plat shall be submitted and drawn to the specifications of the Georgia Plat Act and the standards of the city. (c) Prior to the approval or recording of a final plat, the following must be provided by t he subdivider, or his or her designee thereof: (1) Cash assurance in an amount equal to 125 percent of the cost of infrastructure improvements not yet in compliance. Said cash bond shall be maintained until the improvements have been approved by the city; (2) Maintenance bond to ensure the viability of infrastructure improvements; (3) Drawings demonstrating the "as-built" conditions of the site, or cash assurance that such will be provided within 30 days; (4) An electronic format acceptable to the public works department containing data about the sanitary sewer and water systems where available; (5) Signed release of the project by the development inspector; and (6) Recorded deed to the city for any dedicated space. (d) All final plat applications shall be reviewed by the community development department staff for completeness. A final plat application shall be deemed to be complete if the application complies with all applicable city, county, state and federal regulations. If staff determines that an ap plication is not complete, the applicant will be notified of any deficiencies and provided the opportunity to revise the plat to correct the identified deficiencies without the need for the filing of a new application. If staff determines that previously identified deficiencies remain in any corrected final plat application, staff may reject the application entirely or request that the applicant submit a new corrected final plat. (e) For all final plats, after staff determines that the application is complete and sign accordingly, the community development director shall forward the application to the mayor and city council for consideration. The mayor and city council shall review the final plat at their next regularly scheduled meeting and shall approve the plat unless the plat substantially differs from the previously approved preliminary plat, is inconsistent with any specific adopted plans or policies, or is inconsistent with the public health, safety and welfare. (f) A final plat application may be denied without prejudice, thereby allowing the applicant to resubmit a revised plat for consideration without the necessity of paying a new application fee, if the application is found to be substantially differ from the previously approved preliminary plat, inconsistent with any specific adopted plans or policies, or inconsistent with the public health, safety and welfare . Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 12 3/17/2017 (d) Having been certified by the director as compliant to these and other applicable regulations, the final plat shall be recorded with the clerk of the superior court of Fulton County. (e)(g) The final plat shall be considered approved upon the vote of approval by at the time of the certification by the director, and shall be presented for ratification to the mayor and city council at the next regularly scheduled meeting. (d)(h) HavingAfter being been certified by the director as compliant to these and other applicable regulationsapproved by the mayor and city council, the city shall cause the final plat shallto be recorded with the clerk of the superior court of Fulton County. (d) Should the director not approve any subdivisionfinal plat application be denied, the basis for the denial shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with section 50-231. (Ord. No. 06-12-74, § 6(4.2(4.2.3)), 12-21-2006) Secs. 50-94—50-112. - Reserved. ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 13 3/17/2017 Sec. 50-113. - Suitability of the land. Land subject to flooding, improper drainage, erosion, and deemed unsuitable for development in accordance with the city's standards shall not be platted for any use that may continue such conditions or increase the danger to health, safety, life, or property unless steps are taken to eliminate the hazards mentioned in this section. (Ord. No. 06-12-74, § 6(5.1), 12-21-2006) Sec. 50-114. - Access. (a) Unless otherwise herein noted, every subdivision shall be served by publicly dedicated streets or private streets in accordance with the following: (1) The proposed streets shall meet the city's standards and regulations. (2) No road intended to be private is to be extended to serve property outside that development unless approved by the public works department. (3) In residential subdivisions, the private roads shall be maintained by a mandatory homeowners ' association and documents of incorporation shall be submitted to the managerdirector of community development for review and approval prior to the recording of the final plat. (4) The subdivider shall provide all necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities. (5) The final plat of any subdivision that contains private streets shall clearly state that such streets are private streets. (b) When land is subdivided, the created parcels shall be arranged and designed so as to al low for the opening of future streets and provide access to those areas not presently served by streets. (c) No subdivision shall be designed so as to completely eliminate street access to adjoining parcels of land without current street access. (d) Lots may share access as stipulated herein. Lot frontage and access do not necessarily have to be along or front the same public street, if approved by the director. (e) The director shall have the right to encourage design of the subdivision in a manner that will: (1) Enhance traffic circulation and other community needs; (2) Encourage pedestrian traffic to schools, parks, existing and planned greenspace corridors, and neighborhood shopping centers; (3) Reduce impacts on streams and lakes; (4) Reduce unwanted noise, lights on neighboring lots; and (5) Discourage vehicular speeding on local streets. (Ord. No. 06-12-74, § 6(5.2), 12-21-2006) Sec. 50-115. - Conformance to city comprehensive plan. (a) All proposed subdivisions shall conform to the city com prehensive plan and development policies in effect at the time of submission. (b) The director shall not approve plats when such planned features, as specified by the comprehensive plan, are not incorporated into the plat. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 14 3/17/2017 (c) Whenever the plat proposes the dedication of land for public use and the director or the appropriate agency finds that such land is not acquired consistent with the appropriate agency plans, policies, or priorities, the director may either refuse to approve the plat, or require the rearrangement of lots to include such land. (d) If a development is proposed within one mile of any roadway operating at a level of service "D" or worse, in accordance with the county transportation standards, a traffic mitigation action plan must be submitted and approved by the director prior to the issuance of a land disturbance permit. (e) The term "greenspace," as referred to in this chapter, means a permanently protected land including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more of the following purposes: (1) Water quality protection for rivers, streams, and lakes; (2) Flood protection; (3) Wetlands protection; (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (9) Connection of existing or planned areas contributing to the purposes set out in this section. (Ord. No. 06-12-74, § 6(5.3), 12-21-2006) Sec. 50-116. - Zoning and other regulations. (a) No subdivision shall be created or recorded that does not comply with the standards of the zoning ordinance (chapter 64) and the approved conditions of zoning for the property. (b) Whenever there is a discrepancy between minimum standards or dimensions noted herein and those contained in the zoning regulations, building codes, or other official regulations or resolutions, the most restrictive shall apply unless set forth in the conditions of zoning. (c) All proposed subdivisions shall comply with the county stormwater design manual. (Ord. No. 06-12-74, § 6(5.4), 12-21-2006) Sec. 50-117. - Amendments. (a) Modifications of the provisions set forth in these regulations may be approved by the director when granting of such modification will not adversely affect the general public or nullify the intent of these regulations. (b) Should the director deny a request to modify in accordance with subsection (a) of this section, the applicant may appeal the director's decision in accordance with section 50 -231. (Ord. No. 06-12-74, § 6(5.5), 12-21-2006) Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 15 3/17/2017 Secs. 50-118—50-136. - Reserved. ARTICLE V. - CONSERVATION SUBDIVISION Secs. 50-137—50-155. - Reserved. ARTICLE VI. - DESIGN STANDARDS Sec. 50-156. - Compliance with this article required. All applicable design standards as set forth in this article and the standard details shall be observed in all plats as approved by the director. (Ord. No. 06-12-74, § 6(7.1), 12-21-2006) Sec. 50-157. - Streets. All streets, public or private, shall be constructed to the construction standards of the city's public works department. (1) The arrangement, character, extent, width, grade, and location of all streets shall conform to the city comprehensive plan and shall consider their relation to existing and planned streets, topographical conditions, and appropriate relation to the proposed uses of the land to be served by such streets. (2) The streets serving residential subdivisions shall be arranged and designed such that their use for through traffic will be discouraged. (3) Where a subdivision contains a dead-end street or stub-street other than a cul-de-sac, the subdivider shall provide a temporary cul-de-sac within the right-of-way. Where a temporary cul- de-sac is required, the subdivider shall be responsible for maintaining and for the construction of the final street connection or turnaround as required. (4) Where a subdivision abuts or contains an existing or proposed street classified as a collector street or higher, the director may require frontage streets. Double frontage lots may be required to have screening and no access easements along lot lines fronting on arterials or collector streets. Deep lots with rear service drives, or other treatment as may be necessary for adequate protection of residential properties, may be required to afford separation of through and local traffic. (5) Where a subdivision borders on or contains a railroad right-of-way, or a full or partial access control facility right-of-way, the director may require a street approximately parallel to and on each side of the right-of-way. (6) Street right-of-way widths for major streets shall be dedicated as specified in the city comprehensive transportation plan and the right-of-way dedication and reservation plan. Other street right-of-way widths shall be not less than as specified under section 50-160. (7) Where a subdivision abuts an existing street, the subdivider shall dedicate additional right-of-way on the existing streets to meet the requirements as set forth in the right -of-way dedication and reservation plan. (8) New road grades should be as indicated in the following table: Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 16 3/17/2017 Street Type New Road Grade (maximum) Collector 8% Major subdivision street 12% Minor subdivision street 14% Note—Grades exceeding 12 percent shall not exceed a length of 250 feet. (9) Interparcel access shall be provided to adjacent properties upon determination by the director that such access is in the best interest of the public health, safety, or welfare. In residential subdivisions, where private streets are proposed, the director may require a public street for interparcel connection purposes; the director may also require a shared access. (10) Alignment. a. Minimum vertical. All local roads with 25 miles per hour designs shall be connected by vertical crest curves of a minimum length not less than 12 times the algebraic differ ence between the rates of grade, expressed in feet per hundred. All local roads with a 25 miles per hour design speed shall be connected by vertical sag curves of minimum length not less than 26 times the algebraic difference between the rates of grade, ex pressed in feet per 100. In any case, the sight distance shall meet the minimum requirements of this article. 1. In proposed approaches of new streets to intersections with existing streets, there shall be a suitable leveling of the street at a grade not exceeding three percent and for a distance of not less than 50 feet as measured from the back of the curb of the intersecting street. 2. In approaches to intersections internal to residential subdivisions, there shall be a suitable leveling of the street at a grade not exceeding five percent and for a distance of not less than 50 feet as measured from the center point of the intersection. b. Minimum horizontal; radii of centerline curvature. The minimum horizontal shall be not less than the following: 1. Major subdivision street designed for 35 miles per hour: 200 feet. 2. Other major subdivision street: 100 feet. 3. Minor subdivision street: 100 feet. c. Tangents; between reverse curves. The minimum tangents shall be not less than the following: 1. Major subdivision streets designed for 35 miles per hour: 100 feet. 2. Other major subdivision street: 50 feet. 3. Minor subdivision street, where there is no super-elevation: 50 feet. d. Intersection visibility requirements. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 17 3/17/2017 1. Roadways and their intersections shall be designed such that the proper sight distance is maintained. 2. Minimum sight distance shall be determined by the operating speed of the road as determined by the public works department. 3. Intersection sight distance shall be no less than the following: Minimum Sight Distance Feet Speed (in mph) 280 25 335 30 390 35 445 40 500 45 610 55 4. Minimum horizontal visibility shall be measured on the centerline. 5. When a proposed curb cut intersects an existing road way, the minimum visibility shall be provided as follows: (i) When measuring in the horizontal plane, the intersection sight distance is determined with the following assumptions. A. The driver's eye location is to be assumed at the centerline of the exiting lane of the proposed curb cut behind the stop bar. B. The object location is to be assumed at the centerline of the closest oncoming lane for each direction. (ii) When measuring in the vertical plane, intersection sight distance is determined with an assumed height of driver's eye and an assumed height of the object of 3½ feet. (iii) When measuring in either plane, the line of sight must remain in the proposed dedicated right-of-way, unless sufficient easements, maintenance agreements, indemnifications agreements are provided, or additional right-of-way is dedicated. e. Stopping sight distance visibility requirements. 1. Roadways and their intersections shall be designed such that proper stopping sight distance is maintained. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 18 3/17/2017 2. Minimum sight distance shall be determined by the design speed of the proposed road as determined by the public works department. 3. Stopping sight distance along a roadway shall be no less than the following: Stopping Sight Distance Visibility Requirements Feet Speed (in mph) 155 25 200 30 250 35 4. Minimum vertical visibility for stopping sight distance along the roadway shall be determined by measuring between two points of which the height of the driver's eye shall be assumed at 3½ feet to an assumed object which is two feet in height. The line of sight must remain within the proposed dedicated right -of-way, unless sufficient easements, maintenance agreements, and indemnification agreements are provided, or additional right-of-way is dedicated. 5. Minimum horizontal visibility for stopping sight distance shall be measured on the centerline. (11) Street intersections shall be as nearly at right angles as possible, and no intersection shall be at an angle less than 80 degrees. Detailed designs of intersec tions shall be required to include all striping and pedestrian crosswalks. Pedestrian crossing signs and signals may be required. (12) The curbline radius at street intersections shall parallel the right-of-way radius. (13) Right-of-way radius. The right-of-way radius at street intersections shall be at least 20 feet, and where the angle of intersection is less than 90 degrees, the public works department may require a greater radius. (14) The centerline offsets on streets internal to a residential subdi vision shall not be less than 200 feet. The centerline offsets for all other streets and curb cuts providing access to developments shall not be less than 300 feet, except greater centerline offsets may be required by the director. (15) Cul-de-sac streets shall be designed so that the maximum desirable length shall be 600 feet. (Ord. No. 06-12-74, § 6(7.2), 12-21-2006) Sec. 50-158. - Blocks. (a) The lengths, widths, and shapes of blocks shall be determined with due regard to: (1) Provisions of adequate building sites suitable to the special needs of the type of use contemplated; (2) Zoning requirements as to lot sizes and dimensions unless a planned unit development is contemplated; Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 19 3/17/2017 (3) Needs for convenient access, circulation, control and safety of s treet traffic; and (4) Limitations and opportunities of topography. (b) Residential blocks shall be wide enough to provide two tiers of lots, except where fronting on streets classified as a collector street or higher or prevented by topographical condit ions or size of the property. The director may require or approve a single tier of lots of minimum depth. (Ord. No. 06-12-74, § 6(7.3), 12-21-2006) Sec. 50-159. - Lots. (a) The size, shape, arrangement, orientation of every lot shall be subject to the director's approval for the type of development and use contemplated. Proposed internal lot lines (not on the street side) shall not be curved. (b) Every lot shall conform to the dimension, area, and size requirements of the zoning ordinance (chapter 64) and conditions of zoning. (c) Lots not served by a public sewer or community sanitary sewerage system and public water shall meet the dimension and area requirements of the department of health. (d) Double frontage lots shall be prohibited, except as approved by the director provided that such lots are essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography, orientation, and property size. A planted screen may be required along lot lines abutting a traffic artery or other use that would have potential negative impact. (e) The creation of remnant lots that are below minimum standards shall be prohibited unless such lots are designated as common area on the final plat and maintained by the homeowners' association or some other entity approved by the city. (f) Each lot shall have direct access to an abutting, existing public street or to a street contained within the proposed subdivision. A connection through an approved private driv e may be permitted by the director. (g) The subdividing of land adjacent to or surrounding an existing or proposed lake where lots abutting the lake shall be drawn to the centerlines of the lake or identified a common area, maintained by the homeowner's association. (Ord. No. 06-12-74, § 6(7.4), 12-21-2006) Sec. 50-160. - Subdivision streets. (a) The minimum requirements for major subdivision streets shall be as follows: (1) Right-of-way: 50 feet. (2) Pavement width: 24 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 50-foot radius with a ten-foot radius landscape island. b. Pavement width: 40-foot radius to back of the curb. (4) Sidewalks. In accordance with subsection 50-182(d). (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (b) The minimum requirements for minor subdivision streets shall be as follows: Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 20 3/17/2017 (1) Right-of-way: 44 feet. (2) Pavement width: 22 feet back of the curb to back of the curb. (3) Cul-de-sac: a. Right-of-way: 42-foot radius with a eight-foot radius landscape island. b. Pavement width: 32-foot radius to back of the curb. (4) Sidewalks. In accordance with subsection 50-182(d). (5) Street trees. If required by the director, street trees shall be installed on both sides at a spacing approved by the city arborist. (c) For streets other than mentioned in subsections (a) and (b) of this section, the director shall determine the required cross section. (d) All residential subdivision streets shall be designed for a maximum of 25 miles per hour. The director may require that subdivision streets that will not provide direct residential access be designed for up to 35 miles per hour. (e) Where streets are longer than 600 feet, traffic calming devices shall be incorporated to include green space, islands, residential roundabouts, or other traffic calming devices as approved by the director. Where traffic calming devices such as speed bumps are used, they shall not exc eed six inches in height. The minimum distance between individual devices shall not be less than 500 feet, and shall not be more than 900 feet. All services must conform to the city's design standards. (Ord. No. 06-12-74, § 6(7.5), 12-21-2006) Sec. 50-161. - Gated communities. Gates installed in subdivisions with more than one lot shall comply with the following: (1) Plan approval and a permit shall be obtained prior to installing of any gates. The permit fee shall be calculated in accordance with applicable building permit fees. Gates shall not prohibit public access to dedicated areas as defined within these regulations. (2) No gate shall be installed within the city's right-of-way. (3) The gate shall not create a dead end street without first installing a cul-de-sac conforming to the city's standards on a dead-end street exceeding 250 feet in length. (4) Gates shall provide for stacking distance, turnaround and emergency vehicle access as required by the city. (5) Gate permits may be denied based on traffic conditions, interconnectivity needs, and when not in compliance with adopted guidelines. (Ord. No. 06-12-74, § 6(7.6), 12-21-2006) Secs. 50-162—50-180. - Reserved. ARTICLE VII. - REQUIRED IMPROVEMENTS Sec. 50-181. - Utility improvements required by this article. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 21 3/17/2017 Every subdivider shall be required to install or have installed the appropriate public utility and improvements referred to in this article as found in the following documents: (1) Department of Public Works: Standard Plans. (2) Fulton County Comprehensive Storm Drainage and Criteria Manual. (3) Sewer Regulations of Fulton County. (4) City of Milton Tree Preservation Ordinance. (5) Utility Accommodation: Guidelines and Procedures. (Ord. No. 06-12-74, § 6(8.1), 12-21-2006) Sec. 50-182. - Streets. (a) Grading. The required improvements for street grading shall be as follows: (1) All street rights-of-way shall be cleared and graded to standards of the public works department. (2) Finished grades shall be at levels approved in accordance with the standard plans. (3) When property adjacent to the street is not owned by the subdivider, he or she shall obtain the necessary easements of sloping banks before submitting for a land disturbance permit (LDP). (b) Street paving/striping. The required improvements for street paving/striping shall be as follows: (1) All street paving widths shall be in conformance with standards set forth in article 6. (2) Street pavement shall be installed according to standards adopted by the mayor and c ity council. (3) Striping shall be installed according to standards adopted by the mayor and city council. (4) On all roads adjacent to a development, the adjacent lane of the road must be widened to provide a 12-foot lane. The road must be milled and repaved throughout the subdivision frontage and along the roadway improvements, whichever is greater. The road must either be resurfaced from edge to edge, or it must be milled and repaved to the centerline. No more than one inch vertical drop may be allowed at the pavement/gutter joint and a maximum of six inches of exposed curb must be retained. (5) No striping should be provided on subdivision streets designed for 25 miles per hour, except for stop bars and 50 feet of double yellow centerlines, to be loca ted at each entrance to the subdivision. (c) Curbs and gutters. The required improvements for curbs and gutters shall be as follows: (1) Curbs and gutters shall be installed on all streets except noted herein. Installations shall be in accordance with standards adopted by the mayor and city council. (2) Curbs and gutters shall be of a straight or standard construction on one or both sides where sidewalks are required. (3) Curbs and gutters may be waived by the director if the sidewalk along the same por tion of the roadway is set back a minimum of 12 feet from the edge of pavement and drainage is adequately addressed. Setbacks greater than 12 feet may be required by the director. (d) Sidewalks. The required improvements for sidewalks shall be as follows: (1) Introduction. a. Purpose. The objective is to provide facilities that ensure safe pedestrian movement in the city. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 22 3/17/2017 b. Intent. Sidewalks are intended to provide a safe pedestrian connection between the subdivision/development and nearby destinations. Pedestrians consist of children walking to and from school and neighborhood activities, as well as adults walking to and from neighborhood shopping and transit stops. In addition to the need for sidewalks for circulation and safety, sidewalks can be important elements in the recreational system of this community. They can also serve as walking and hiking trails. (2) Performance approach. a. Performance factors. The performance approach shall be applied in determining the need for sidewalks. In this case, the decision to require a development to provide sidewalks shall be made on a case-by-case basis. b. Several basic factors shall be used in applying the performance approach. These are street classification and current/potential future volume of pedestrian traffic; residential land use/development density; relation to residential areas; proximity of schools, school bus stops, shopping areas; and proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, and other land uses. 1. Street classification and volume of pedestrian traffic. As traffic volume and road speeds increase, there is more need for separate pedestrian ways to ascertain safety. Sidewalks shall be provided along local streets, collectors, arterials, and private roads according to the density standards in subsection (d)(2)b.2 of this section. 2. Residential land use and development density. i. Sidewalks shall be provided along both sides of all local streets where the residential land use designation in the comprehensive plan is three units/acre or higher density. ii. Sidewalks shall be provided along at least one side of all local streets where the residential land use designation in the comprehensive plan is one to two units/acre. Residential land use designation of one unit or less shall be decided on a case-by- case basis using the other factors contained in subsection (d)(2)b of this section. 3. Relation to residential areas. In general, sidewalks are intended to be within the street right-of-way. This traditional location of sidewalks may be replaced in cluster developments by a flexible pedestrian circulation system. Such a system would connect individual dwelling units with other units, off -street parking, open space systems, and recreational facilities. Also, this system may be permitted to meander through the development within prescribed sidewalk easements. If the sidewalk leaves the right -of- way, an easement and indemnification agreement must be provided for public access and maintenance. 4. Proximity of schools and shopping areas. i. Sidewalks shall be required in subdivisions located within one mile of an existing or proposed school on both sides of any street that provides access to such school. Subdivisions at each side of the street shall provide sidewalks at the corresponding frontage. ii. Sidewalks shall be provided within a distance of up to one mile along both sides of streets leading to or going through shopping areas. 5. Proximity of parks, libraries, bike paths/pedestrian trails, greenspace cor ridors, and other land uses. Sidewalks are needed in areas where the following nonresidential land use designations exist: i. Sidewalks shall be required along both sides of all streets in commercial, living - working, and business park land use designation areas. ii. Sidewalks may be required in industrial subdivisions. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 23 3/17/2017 iii. Sidewalks may be required within a distance of up to one mile along both sides of the streets leading to or going through places of public assembly/transit facilities/other congested areas and other similar places deemed proper by the manager director of community development for public necessity and safety. 6. Relation to established pattern of sidewalks. Notwithstanding the locational requirement for sidewalks in subsection (d)(2) of this section, their future locat ion should follow the already established pattern of existing sidewalks (e.g., on one side of the street, on both sides, etc.). (3) General specifications. a. Sidewalks shall be provided by the subdivider at no cost to the city. b. Sidewalks shall have a minimum width of five feet indicated by a note on the conceptual plan preliminary plat[PF3]. c. Sidewalks along roadways shall not be adjacent to street curbs without a minimum two-foot landscape strip. d. For nonresidential developments, sidewalks shall be a minimum of six feet wide. e. Sidewalks must be provided on or adjacent to an individual lot prior to the issuance of a certificate of occupancy. f. Prior to the recording of the final plat, 125 percent of the cost of the internal sidewalks for any residential subdivision must be performance bonded. This bond will be released when all sidewalks internal to the development have been constructed and approved. All required sidewalks must be provided internal to any residential subdivision within two years of the recording of the final plat, otherwise, the bond is forfeited and the city will use the funds to complete the sidewalk construction. (4) Review guidelines. The manager director of community development may issue guidelines to facilitate the application of the performance-based approach of subsection (d)(2) of this section including, but not limited to, a point system. The intent is to ascertain fairness and consistency in the application of this section. (5) Exception. When the developer requests to install (within a development) sidewalks that ar e not required by this chapter and at no cost to the city, the manage director of community rdevelopment may approve a reduction to a minimum width of four feet. (e) Street trees. The required improvements for street trees shall be as follows: (1) Street trees and other shrubbery that may be retained or planted shall not obstruct sight distances and shall be subject to the director's approval. (2) Street trees that may be required by the director along the street shall be of a species approved as street trees in accordance with section 50-160. (Ord. No. 06-12-74, § 6(8.2), 12-21-2006) Sec. 50-183. - Water supply. (a) Where a public water supply is within 300 feet, the subdivider shall install or have installed a system of water mains and connect to such supply. The installation of main s and connections to each lot shall be installed prior to the paving of the street, if possible. The installation shall include services and meter boxes if it is connected to the North Fulton Water System. (b) Where a public water supply is not available, each lot in a subdivision shall be furnished with a water supply system approved by the health department. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 24 3/17/2017 (c) A separate water service connection shall be provided for each residential unit. Meters shall be located as specified by the utility company. (d) Fire hydrants shall be located and set in accordance with the City of Atlanta Water Works SpecificationsFulton County and the City of Milton Standard Plans, where applicable. In addition, the fire hydrants shall be serviced by the following: (1) Not less than an eight-inch diameter main if the system is looped. (2) Not less than an eight-inch diameter main if the system is not looped or the fire hydrant is installed on a dead-end main exceeding 300 feet in length. (3) In no case shall dead-end mains exceed 600 feet in length for main sizes less than ten inches. (e) When required by the public works department, a reuse water irrigation distribution system to each lot shall be installed. This system shall consist of an eight -inch diameter ductile iron pipe identified as "nonpotable water," painted purple in accordance with standard pipe identification schedules, and installed on the south or east shoulder of the right-of-way limit. All pipes and appurtenances must be in accordance with the Fulton County Water Reuse Standards. Each property owner requesting an irrigation meter shall connect to the reuse water main, if activated. (f) If a subdivision is replatted and the originally platted lots configuration is changed after the water service lines have been installed, the water system shall be modified to properly serve each lot in accordance with the Fulton County water specifications. (Ord. No. 06-12-74, § 6(8.3), 12-21-2006) Sec. 50-184. - Sanitary sewerage system management. (a) When public sanitary sewers are within 300 feet of the subdivision, the subdivider shall provide sanitary sewer services to each lot within the bounds of the subdivision. All street sewers serving lots in the subdivision shall be installed by the subdivider. A formula may be developed by the public works department to provide for a sharing of the costs of sewerage facilities needed to serve the subdivision and other subdivisions in the same drainage basin. (b) When, in the written opinion of the health and wellness department and the pub lic works department, a public sanitary sewer is not accessible, an alternate method of sewage disposal for each lot or a community sewerage disposal system may be used, when in compliance with the standards of the health and wellness department and the Fulton County sewerage regulations. (c) When the operation of a temporary sanitary sewerage system requires land to be set aside for a disposal plant, the property owner shall give the county title to the property for as long as the plant is in operation. The title may carry a reversionary clause returning the property to the owner when the site is no longer necessary for the operation of the plant. (d) In a drainage basin, which at the time of plat application is scheduled for a public sewerage system, all subdivisions shall be provided with a temporary community sewerage disposal system as approved by the public works department and the health and wellness department. The system shall include permanent sewerage outfall lines, plus a temporary treatment plant to be installed by the subdivider. (e) Whenever the installation of a sanitary sewer is required, as provided by these rules and regulations, no new street shall be paved without the sewer being first installed in accordance with the requirements of the sewer specifications of the city's public works department and the Fulton County sewerage regulations. (f) If a subdivision is replatted and the originally platted lots configuration is changed after the sewer service lines have been installed, the sewer system shall be modified to properly serve each lot in accordance with Fulton County sewer specifications. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 25 3/17/2017 (Ord. No. 06-12-74, § 6(8.4), 12-21-2006) Sec. 50-185. - Stormwater provisions. (a) Stormwater management. Engineering and construction on any land within the city shall be carried out in a manner as to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion, or deposition upon private property or public streets of water-transported silt and debris. (1) Proper drainage plans shall be submitted for review by the department. These plans shall be prepared by a professional engineer or landscape architect, currently registered to practice in the state, with stamp affixed. (2) The plans shall be accompanied by profiles of natural and proposed drainageways, including: a. Storm pipes; b. Cross sections; c. Drainage swales; and d. Downstream analysis. (b) Design for stormwater management. (1) The grading and drainage plans must be accompanied by a hydrology study. This computation shall be based on the one-, two-, ten-, and 25-year storm, or as required by the county. (2) The purpose of the hydrology study is as follows: a. Identify the surface water runoff quantity, quality and rate; b. Establish runoff management control requirements for the development; c. Furnish all design calculations for the management control facilities, surface water conveyance systems (before and after development runoff); and d. Furnish design calculations for the volume of storage required. (3) A schedule indicating the timing for planting or mulching for temporary or permanent ground cover shall be submitted with these grading and drainage plans. (4) Erosion control devices must be installed prior to the initiation of grading and construction; the engineer must state this requirement on the engineering drawings. (5) In order to ensure full compliance with the approved construction plans, final plat a pproval will be withheld until "as-built" drawings, prepared by a professional engineer or landscape architect currently registered in the state, have been submitted and approved by the department in accordance with section 50-93. No occupancy permit shall be issued until released by the department. (6) The owner shall be responsible for the maintenance of the storm drainage facilities during grading and construction, and for a 15-month period following final plat approval. Maintenance will be construed to include preserving the enclosing walls or impounding embankment of the detention basin and permanent sedimentation ponds and security fences, in good conditions; ensuring structural soundness, functional adequacy, and freedom from sediment of all drainage structures; and rectifying any unforeseen erosion problems. (c) Detention/retention design. (1) General provisions. a. Installation of properly functioning detention facilities, including outflow control devices, shall be the responsibility of the owner. If any control devices are damaged or destroyed during Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 26 3/17/2017 grading or construction, all processes shall cease until such devices are restored to their functioning capability. The owner, through application for grading or construction permits, accepts the responsibility of maintenance of the control devices. b. When serving more than three lots, detention ponds, retention ponds, and water quality features (including all required access easements, landscape strips, and fences) shall be located on a separate parcel where no home can be constructed. This parcel shall be owned and maintained by the homeowners' association or the owners of the lots being served by this pond. The parcel shall have a minimum of 20-feet-wide continuous access to a public or private road in a manner that allows access and maintenance of this parcel. In addition, this parcel will not be required to meet the normal lot standard. (2) Layout design standards. The ponds layout shall provide for the following minimums: a. 20-foot graded access easement; b. 20-foot landscape strip for screening purposes; c. Ten-foot access easement for maintenance; and d. Six-foot-high fence. (3) Alternative design standards. Applicants are encouraged to carry out innovative detention/retention layout that is intended to make such facilities an attractive amenity or focal point to the subdivision. To achieve that, the director may approve the following alternative design standards in lieu of those in subsections (c)(1) and (c)(2) of this section: a. Such alternative design should provide for attractive layout and means for detaining/retaining/moving water. b. The design should follow the natural land forms around the perimeter of the basin. The basin should be shaped to emulate a naturally formed depression. c. Redistributing soils from basin construction to create natural landforms around the perimeter of the basin is encouraged. These forms should be located strategically to filter views or redirect and soften the views from residential areas. d. Side slopes of basins must not exceed one-foot vertical for every four-foot horizontal. Where possible, side slopes should be varied to imitate natural conditions. Associated natural landforms should have side slopes no greater than one-foot vertical for every three-foot horizontal to accommodate lawn maintenance equipment. Varied slopes will be encouraged. e. The applicant should consider the use of plant materials that naturally grow in the area. Trees and shrubs should be grouped in informal patterns to emulate the natural environment. The intent is to soften the views of these basins. (4) Design guidelines. The director may issue design guidelines illustrating details of the standards in subsection (c)(3) of this section. (d) Storm drain system stenciling/identification. (1) All residential subdivision and commercial entity storm drainage structures or facilities (e.g., catch basins, storm sewer inlets, culverts, impoundment facilities, manholes, and other facilities that convey stormwater runoffs) shall be properly identified. (2) Each drainage structure shall be identified with the use of durable and reusable Mylar stencils (stencils will not be provided by the county) that measure 20 inches by 30 inches with two -inch lettering and an environmentally formulated, water base, but soluble striping paint (color blue). The message on the stencil shall read: "DUMP NO WASTE" (Picture of a trout) Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 27 3/17/2017 "DRAINS TO STREAM" (e) Sanitary and storm sewer easement. (1) All permanent easements shall be 20 feet in width. When access for maintenance purposes is required, the maximum longitudinal slope along the easement shall be 30 percent at grade in the steepest direction. (2) No fill shall be placed on a sanitary or storm sewer easement without approval by the public works director. All sanitary manholes must extend to the ground surface. All easements terminating on a parcel shall extend to the property line. (3) No retaining wall, building, pole, sign or other vertical structure shall be constructed in sanitary and storm sewer easements, including vehicular access easements around structures, without approval from the public works director. No fence shall be placed across sanitary or storm sewer easements without gates to which the public works department has full access. No planting shall take place in a sanitary or storm sewer easement that will impede vehicular access along the easement or endanger the pipeline. No surface water shall be impounded on a sanitary sewer easement. No other pipeline or utility shall be p laced in a sanitary or storm sewer easement without approval by the public works director. (4) Each lot or parcel of land in a subdivision shall have a separate sewer connection terminating at the easement limit or right-of-way limit with a vertical cleanout pipe. No connection of the public sewerage system shall be made except at a sewer connection approved by the public works director. (5) No surface water, groundwater, storm drain, gutter, downspout, or other conveyance of surface water or groundwater shall be discharged into the sanitary sewer. (Ord. No. 06-12-74, § 6(8.5), 12-21-2006) Sec. 50-186. - Plans and construction. (a) No sanitary sewer shall be accepted by the county without an "as -built" drawing showing the horizontal and vertical alignment of the sewer system, the locations of all manholes, sewer connections, piping materials, required easement limits and junctions, and property lines. This should be provided in the form of plans, profiles, and plats; when possible, an electronic copy of the required data, compatible with the city's geographical information system (GIS), should be submitted. (b) No storm sewer shall be accepted by the countycity without an "as-built" drawing showing the horizontal and vertical alignment of the sewer system; t he locations of all manholes, junctions, detention ponds, retention ponds, and sewer system outfalls discharging into ditches or creeks; sewer connections, piping materials, required easement limits; and property lines. This information shall be provided in the form of plans, profiles, details, sections and plats and, when possible, in an electronic form compatible with the city's geographical information system (GIS) and the applicable department of public works' database. (c) In the case of single-family residential subdivisions, by written application, the owner may request that the city assume partial maintenance responsibility of drainage facilities, effective after the expiration of the initial maintenance 15 months. Within 60 days after receipt of such application, the director shall respond in writing to the owner/applicant. Such response shall set forth additional terms and conditions for acceptance. However, maintenance by the city shall be limited to ensuring the functional adequacy of such drainage structures. The maintenance responsibility shall remain partially with the homeowners' association unless and until, and only to the extent that, the homeowners' association is expressly relieved of such responsibility pursuant to and in accordance with a written instrument signed by the director. Appropriate easements shall be executed and recorded pursuant to this subsection. For all other types of development, responsibility for maintenance of storm sewer system and detention ponds including, but not limited to, periodic silt removal to maintain functional integrity, will remain the Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 28 3/17/2017 owner's responsibility. Maintenance responsibility shall constitute an obligation running with the land and shall be binding upon the owner's executors, administrators, hei rs, successors, and successors- in-title. The owner/developer shall provide stabilization, including vegetation, and installation of security fences for safety purposes at detention facilities, as prescribed, prior to approval of the final plat by the director. (d) Any single-family detached home which involves less than 10,000 square feet of cleared area, or all impervious surface areas combined, and is in excess of 2,000 feet from the Chattahoochee River, shall be exempted from the provisions of a hydrolo gy study. In no such case, however, shall grading involve over 25 percent of the total land area. Sites within 2,000 feet of the Chattahoochee River shall be developed in accordance with the Atlanta Regional Commission's vulnerability analysis, as determined by the director. (e) All engineering and construction, regardless of whether such engineering or construction is being accomplished on public land or on public easements, shall meet the minimum requirements of these regulations. (Ord. No. 06-12-74, § 6(8.6), 12-21-2006) Sec. 50-187. - Monuments and iron pipes. (a) Permanent monuments shall be accurately set and established to tie with the county GIS monuments or as required by the director. (b) The monuments shall consist of two, two-inch iron pipes, 16 inches in length, or T bars, 24 inches in length, or other approved materials. The monuments shall be set so that the top of the pipe shall be six inches above the ground level, unless otherwise approved by the public works department. (c) The accurate location, material, and size of all existing monuments shall be shown, on the final plat, as well as the future location of monuments to be placed after street improvements have been completed. (d) Iron pipes at least one-half inch by 16 inches shall be used and shall be set two inches above the finished grade. (Ord. No. 06-12-74, § 6(8.7), 12-21-2006) Sec. 50-188. - Underground utilities. (a) All existing and proposed utilities, including all electrical, telephone, television and other communication lines, both main and service connections, serving or having capacity of 69 KV or less, abutting or located within a requested land disturbance area, shall be installed under ground in a manner approved by the applicable utility provider and in compliance with the city's right-of-way and erosion control regulations, if applicable. (b) Lots that abut existing easements or public rights -of-way, where overhead electrical or telephone distribution supply lines and service connections have previously been insta lled, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed under ground. Should a road widening or an extension of service, or other such conditions, occur as a result of the subdivision and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be under ground. (c) Contractors or developers of subdivisions shall: (1) Submit drawings of the subdivision layo ut showing locations of underground electrical cable, transformers, and other related fixtures, in accordance with the standard plans. These drawings Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 29 3/17/2017 must be approved by the city before installation of the underground utility and before a building permit can be issued. (2) Pay all cost for poles, fixtures, or any related items of materials necessary for the installation to the utility company. (3) Submit proof of payment for complete installation. (4) Have an agreement with the appropriate power company for complete maintenance of all installations and provide proof of payment. (d) Streetlights and pedestrian lighting. (1) Streetlights and pedestrian lights shall be provided by the developers of all new subdivisions. At the time of, and as a requirement of, submission of a final plat, the developer shall: a. Submit a drawing of the subdivision's layout showing locations of streetlights and required pedestrian lights. This drawing must be approved by the director prior to obtaining any building permit within the subdivision. The layout shall be shown on the land disturbance permit. Fixtures and standards/poles installed or used shall be approved by the city and by the utility company which shall be responsible for the maintenance of the facilities. 1. Streetlight fixtures shall be mounted 30 feet above the ground and shall have appropriate arm length to place the light over the street. No arm shall be less than five feet long. Post-top luminaries may be permitted when approved by the city, providing same are in compliance with the requirements of the zoning ordinance (chapter 64). Fixtures shall be located no more than 300 feet apart and at least one light shall be located at each street intersection within the subdivision. When a subdivision is located in a zoning overlay district, light standards shall comply with the requirements of the overlay district. 2. Pedestrian lights shall be installed as required by the overlay district or the specific zoning case. b. Pay all costs for standards/poles, fixtures and any other related items or material necessary for installation. c. Submit proof of payment for complete installation to the director. d. Submit a copy of an executed agreement with the utility company for complete maintenance of all installations. (2) When street lighting is requested by existing residents, these residents shall: a. Submit a petition to the public works department from the residents affected showing a 90 percent support for the request. The affected residents shall be all resident s whose properties are located, in whole or in part, within 150 feet of a proposed streetlight. b. The request to the city for streetlights shall include a sketch indicating the individual location of lights within the subdivision, along with the resident ial location of each signatory to the petition. c. If standards/poles within the subdivision for the placement of these lights do not exist, or do not meet utility company requirements, it shall be the petitioners' responsibility to have these standards/poles placed prior to installation of the streetlights, at their cost. Installation of poles within the county's right-of-way shall be subject to the approval of the public works director. The streetlight fixtures are to be installed at the expense of the petitioners. (3) When each of the applicable items in subsection (c) of this section has been completed, theFulton CountyCity of Milton shall: Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 30 3/17/2017 a. Assume maintenance responsibility and make the monthly payments to the utility company for electrical energy for each streetlight when at least 50 percent of the dwelling units in the subdivision have been occupied. b. Pay only the current monthly negotiated amount for electrical energy for each streetlight. (Ord. No. 06-12-74, § 6(8.8), 12-21-2006) Secs. 50-189—50-207. - Reserved. ARTICLE VIII. - FEES Sec. 50-208. - Required with submission of application. Every application for a minor plat, conceptualpreliminary plat, final plat, or other plat submitted pursuant to these regulations shall be submitted to the director along with such fees as may be established from time to time by the mayor and city council. Failure to pay such fees as required shall cause the plat to be returned to the applicant, without acceptance for review or consideration by the city. (Ord. No. 06-12-74, § 6(9.1), 12-21-2006) Sec. 50-209. - Fees associated with conceptual planpreliminary plat. Following the approval of a conceptual planpreliminary plat and prior to authorization to begin construction, the developer shall pay the required inspection, water and sewer connection, curb cut, and street sign fees as may be established from time to time by the mayor and city council. (Ord. No. 06-12-74, § 6(9.2), 12-21-2006) Sec. 50-210. - Bond costs associated with final plat approval. Prior to approval of a final plat and as a prerequisite for acceptance of any such final plat, the developer shall provide such performance bonds, maintenance bonds, or cash assurances as required by these regulations and as established from time to time by the mayor and city council. (Ord. No. 06-12-74, § 6(9.3), 12-21-2006) Secs. 50-211—50-229. - Reserved. ARTICLE IX. - ADMINISTRATION AND ENFORCEMENT Sec. 50-230. - Authority of director. These subdivision regulations shall be administered and enforced by the director of the public works departmentcommunity development. Text Amendment to Chapter 50 – Plat Process prepared for the Planning Commission Meeting on March 22, 2017. Page 31 3/17/2017 (Ord. No. 06-12-74, § 6(10.1), 12-21-2006) Sec. 50-231. - Denial; appeal procedure. (a) Should the director deny any such plat, minor or final, a written explanation shall be provided stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record or the subdivider may file with the community development department a letter appealing the decision which, together with a report from the director, shall be forwarded to the city b oard of zoning appeals for consideration pursuant to article 22 of chapter 64. (b) Should an applicant disagree with the director's review comments, concluding factual or interpretive errors have been made, the following appeal procedure is intended to resolve the issues: (1) Submit to the director within 30 days of the comments at issue, a letter clearly defining the nature of the disagreement, the specific reference to the article of this chapter at issue, and the applicant's opinion. (2) The director shall submit the request to the technical staff review committee. The technical staff review committee shall be selected by the director and formed from the appropriate departments' staff, relative to the subject appeal. (3) The technical staff review committee shall provide comments and a written recommendation to the director within ten working days. (4) Should the director, after review of the applicant's statement and the recommendation of the technical staff review committee, conclude that these prov isions would not be violated, the director shall modify his or her comments accordingly. (5) Should the director conclude that these regulations would be violated, the director shall provide the applicant with a written letter of denial and advise the app licant of the appeal process to the board of zoning appeals. (6) The board of zoning appeals shall, after receiving a report from the director, decide the issue. The decision shall constitute the final administrative appeal. (Ord. No. 06-12-74, § 6(10.2), 12-21-2006) Sec. 50-232. - Appeal hearing; variance. (a) Should the director not approve a request to vary any article of these regulations within 30 days, the applicant may appeal in writing, stating the article to be varied and the reason the varianc e should be granted. (b) The applicant shall file a variance application to these regulations with the board of zoning appeals, which shall have the authority, after hearing from the applicant and the director, to grant, modify or deny the variance. The board of zoning appeals shall base its decision on hardships as described in chapter 64. (Ord. No. 06-12-74, § 6(10.3), 12-21-2006)