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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
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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
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STATE OF GEORGIA
DATE: JANUARY 23, 2017
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H* R� MILTON, GEORGIA 30004-3616
PHONE: 770-475-6817
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OEOROIA R,L,S. t 7072 FAX: 770.569-4948
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f ° 3-03-2017 -REAR SETBACK, HOUSE SEPARATION, F,
„I z m z m LAND LOT(S): 1107,1108 HOUSE SIZE i2 1.01 s IEa� .' 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
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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:
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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
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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.
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(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.
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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:
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(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
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(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
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(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
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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.
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(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
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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:
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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.
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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.
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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;
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(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:
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(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
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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.
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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.
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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
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(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
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(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
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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
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"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
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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
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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:
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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.
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on March 22, 2017. Page 31
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(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)