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HomeMy WebLinkAboutPacket - PC - 04-25-2018 PLANNING COMMISSION AGENDA City Council Chambers 2006 Heritage Walk in Crabapple Wednesday, April 25, 2018 6:00 pm 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes a) March 28, 2018 Planning Commission Meeting 5. Preliminary Plats a) 15060 Freemanville Road by Mike Kendrick – A proposal to develop 9 single family homes on 31.336 acres on AG-1 (Agricultural) zoned property. 5. Rezonings and Use Permits a) U18-04/VC18-05 - 3665 Cogburn Road zoned T-2 by Daufy Adult Community Services for a Use Permit for Alternative Senior Housing (Sec 64-1844) within an existing single family residence with an expansion of 2,000 square foot with 4 bedrooms for a total of 8 residents and construct a new 1,500 square foot guest house and detached garage. A concurrent variance to reduce the 60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20 Table 11.f.1). (The concurrent variance has been requested to be withdrawn by the applicant.) b) U18-06 - 85 Green Road zoned T-4 Open by Little Sunshine Daycare for a Use Permit for a 9,700 square foot day care facility (Sec. 64-1809). Page 2 of 2 6. Text Amendments to the Zoning Ordinance a) RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b as it relates to lodging (This item was deferred from the February 28, 2018 Planning Commission Meeting.) b) RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as it relates to lodging (This item was deferred from the February 28, 2018 Planning Commission Meeting.) c) RZ18-04 - To amend Article XIX Crabapple Form Based Code to amend Table 8B Building Unit Function Exchange Rate as it relates to Lodging. (This item was deferred from the February 28, 2018 Planning Commission Meeting.) d) RZ18-05 - To amend Article XX Deerfield Form Based Code to amend Table 9B Building Unit Function Exchange Rate as it relates to Lodging. (This item was deferred from the February 28, 2018 Planning Commission Meeting.) e) RZ18-09 – To amend Article XIX Crabapple Form Based Code to amend Article 3.2 General Requirements to prohibit gates. 7. Adjourn 4/20/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 25, 2018 1 of 4 PRELIMINARY PLAT SUBMITTAL PROPERTY INFORMATION LOCATION 15060 Freemanville Road DISTRICT, LAND LOT 2/2 554 & 555 OVERLAY DISTRICT Rural Milton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 31.336 EXISTING USE Single Family House PROPOSED USE 9 Single Family Houses DEVELOPER Richard Wernick ADDRESS 3366 Carverton Lane Alpharetta, GA 30072 OWNER Mike Kendrick 15060 Freemanville Road Milton, GA 30004 ENGINEER Trey Schwartz 1395 East Cobb Drive Marietta, GA 30007 PROPOSED PRELIMINARY PLAT To propose 9 single family houses on 31.336 acres at an overall density of 0.29 units per acre. 4/20/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 25, 2018 2 of 4 4/20/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 25, 2018 3 of 4 4/20/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 25, 2018 4 of 4 Based on the submitted site plan, the proposed preliminary plat meets the requirements of the applicable City codes as they pertain to development of the subject site. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 1 of 18 U18-04/VC18-05 PETITION NUMBERS U18-04/VC18-05 PROPERTY INFORMATION ADDRESS 13655 Cogburn Road DISTRICT, LAND LOTS 2/2 1166 EXISTING ZONING T-2 – Deerfield Form Based Code PROPOSED USE PERMIT Alternative Senior Housing (Sec. 64-1844) ACRES 1.472 Acres EXISTING USE Single Family Residence PROPOSED USE Alternative Senior Housing PETITIONER/ OWNER Daufy Adult Community Services/ Tammy Urey ADDRESS 401 S. Main Street, Suite A5 Alpharetta, GA 30009 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018 U18-04- APPROVAL CONDITIONAL VC18-05 – WITHDRAWAL INTENT Request for a Use Permit for Alternative Senior Housing (Sec 64-1844) within an existing single family residence with an expansion of 2,000 square foot with 4 bedrooms for a total of 8 residents and construct a new 1,500 square foot guest house and detached garage. A request for a concurrent variance to reduce the 60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20 Table 11.f.1). Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 2 of 18 U18-04/VC18-05 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 3 of 18 U18-04/VC18-05 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 4 of 18 U18-04/VC18-05 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 5 of 18 U18-04/VC18-05 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 6 of 18 U18-04/VC18-05 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 7 of 18 U18-04/VC18-05 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 8 of 18 U18-04/VC18-05 SITE PLAN SUBMITTED ON FEBRUARY 27, 2018 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 9 of 18 U18-04/VC18-05 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 10 of 18 U18-04/VC18-05 REVISED SITE PLAN RECEIVED ON APRIL 16, 2018 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 11 of 18 U18-04/VC18-05 Subject Site SUBJECT SITE: The subject site contains 1.472 acres on the east side of Cogburn Road and is developed with a single family residence and currently zoned T-2 within the Deerfield Form Based Code. The applicant is requesting a Use Permit for an Alternative Senior Housing facility within an expanded existing house with a total of 2,000 square feet. The primary house will also have a ten foot deep porch along the front façade. In addition, the applicant proposes to build a 1,500 square foot guest house and a detached garage. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted on April 16, 2018 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – T-2 – Deerfield Form Based Code Development Standards Proposed Development Lot Width – 100 foot minimum 199.8 feet Lot Coverage 20% maximum (12,825 sq.ft.) 11,664 sq.ft. Frontage Buildout – Not Applicable N/A Front Setback – 60 ft. minimum 60 feet* Side Setback – 25 ft. min Exceeds the minimum on both sides Rear Setback – 50 ft. min Exceeds the minimum Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 12 of 18 U18-04/VC18-05 Building Height – Maximum 3 stories 1 story VC18-04 – Request to reduce the 60 foot primary setback to 50 feet where the house encroaches (Chapter 64, Art 20 Table 11.f.1). At the Design Review Board meeting, it was suggested that the applicant relocate the addition to the house to the north and not to expand to the west which would require the reduction in the front yard setback. In lieu of the addition along the front of the existing house, the applicant has proposed a 10 foot deep porch, which is permitted to encroach into the front yard setbac k.* The concurrent variance is no longer needed and therefore, Staff recommends WITHDRAWAL of VC18-04. DEVELOPMENT STANDARDS – Alternative Senior Housing Use Permit Based on the requirements pursuant to Sec. 64-1844, the site plan and the applicant’s letter of intent indicate compliance with the development standards for the Use Permit. ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain a small area of wetlands in the easternmost portion of the property. There are no floodplains, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS Development will need to meet Tree Canopy Plan required per Sec. 60-28 of Tree Canopy Ordinance adopted 2/5/18. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. TRANSPORTATION ENGINEER  22 Daily trips. Does not require turn lanes based on turn lane warrant thresholds.  Driveways do not appear to meet required vertical sight distance. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 13 of 18 U18-04/VC18-05  Sidewalk to be provided due to proximity to school . PUBLIC INVOLVEMENT On March 27, 2018 the applicant and engineer were present at the Community Zoning Information Meeting (CZIM) held at Community Place at City Hall . There were approximately 5 residents who were in attendance at the meeting. They voiced the following concern regarding the proposed alternative senior housing facility: The proposed development may “mission creep” and become larger and may include the property to the south in the future. PUBLIC PARTICIPATION REPORT The applicant held the participation meeting on Monday, April 9, 2018 at 5:00 p.m. at 401 S. Main Street, Suite A5 in Alpharetta. No one attended the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018 Comments:  Be aware of requirements for accessibility in new house: door widths, grab bars, turning radius.  Possibly put residents in new house instead of the existing house.  Respect the frontage along Cogburn Road. Possibly limit addition or build to the side in order to stay out of front yard setback.  Area behind parking spaces requires 24 feet for pullout. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the “T-2” land use category on the City of Milton Comprehensive Plan Update Map in the Deerfield Form Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 14 of 18 U18-04/VC18-05 Based Code. The proposed use permit for an “Alternative Senior Housing” is permitted within the T-2 Transect Zone. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning which include a mix of institutional uses and single family residences. The property to the north and south is zoned T-2 developed with single family residences. There is a Civic site located to the northeast and east, which is Cambridge High School. To the southeast, is T-2 developed with Stonecreek Church and to the south is a single family residence. On the west side of Cogburn Road is the City of Alpharetta, zoned Special Use with property permitted for a church and private school (Kings Ridge Christian Academy) and a single family residence zoned AG-1; currently under consideration by the City of Alpharetta for a soccer field. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Based on the type of use and small scale of the proposed senior housing, there will be minimal impact on the traffic flow, vehicular and pedestrian, on Cogburn Road. 5. The location and number of off-street parking spaces; The off street parking is located behind the existing structure and in front of the guest house/and garage. Per the Zoning Ordinance parking shall be located to the side and rear of the principal structure , but outside minimum building setbacks or inside a garage. Below is a table indicating the required and provided number of parking spaces for the site. One (1) parking space per two (2) beds and one (1) parking space per two (2) employees including the owner/operator. (Sec 64-1844(2)(f.)) Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 15 of 18 U18-04/VC18-05 8 beds 1 employee 4 parking spaces 1 parking space Total Required 5 spaces Total Provided 5 spaces (Of which 1 is handicapped) 6. The amount and location of open space: The T-2 transect zone allows a maximum of 20 percent lot coverage. The parcel has 1,164 sq. ft. or 18 percent of lot coverage which is meets this requirement. In addition, the rear portion (eastern side) is heavily vegetated with hardwood trees. 7. Protective screening: The type of use, alternative senior housing, does not require protective screening but Staff notes that there is a large stand of hardwood trees to the rear and some along the south and north property lines ranging in size from 15 to 32 inches in diameter at breast height. 8. Hours and manner of operation: Since the clients will reside in the house as well as the caretaker, the hours of operation will be 24 hours a day and 7 days a week. 9. Outdoor lighting: The applicant has not indicated the addition of lighting on the site. If lighting is proposed, it must comply with Section 4.12 of the Deerfield Form Based Code which requires light fixtures to have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees, as well as other regulations that limit light pollution. 10. Ingress and egress to the property. The applicant has two existing curb cuts onto Cogburn Road. The Traffic Engineer has stated that the location of the curb cuts do not meet required vertical site distance. The entrances will be upgraded to commercial entrances as well as widening the existing drive way between the entrances. Staff notes that the applicant/owner has already received a right-of-way encroachment permit to improve the drainage along Cogburn Road. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 16 of 18 U18-04/VC18-05 CONCLUSION The proposed development of the alternative senior housing use permit is consistent with the City of Milton Comprehensive Plan Update suggestion of T-2 and consistent with the Use Permit Considerations. This proposal also provides additional choices for housing for the over 55 population within the City . Therefore, Staff recommends APPROVAL CONDITIONAL of U18-04. In addition, Staff recommends WITHDRAWAL of VC18-05. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 17 of 18 U18-04/VC18-05 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be for a Use Permit for an Alternative Senior Living Facility (Sec. 64-1844) 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) Restrict the use of the subject property to an Alternative Senior Living Facility not to exceed a total of 3,500 square feet (this includes a guest house not to 1,500 square feet in size) and any associated accessory structures. b) Restrict the number of residents to 8. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 16, 2018. 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. This site plan may be changed in the future in order to comply with city codes and zoning conditions or other unforeseen conditions that impact the overall design of the site. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Access to the site and frontage improvements shall be subject to the approval of the 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) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 *Based on the revised Site Plan submitted on April 16, 2018 4/20/2018 Page 18 of 18 U18-04/VC18-05 4) To the owner’s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by the Milton Public Works Department prior to submission of land disturbance application. Page is too large to OCR. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 1 of 18 U18-06 PETITION NUMBERS U18-06 PROPERTY INFORMATION ADDRESS 85 Green Road DISTRICT, LAND LOTS 2/2 1166 EXISTING ZONING T-4 Open - Crabapple Form Based Code PROPOSED USE PERMIT Day Care Facility (Sec. 64-1809) ACRES 1.272 Acres EXISTING USE Single Family Residence PROPOSED USE Day Care Facility PETITIONER Kimley-Horn for Little Sunshine’s Playhouse Jared McKinnon, PE ADDRESS 11720 Amber Park Drive, Suite 600 Alpharetta, GA 30009 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 25, 2018 U18-06- APPROVAL CONDITIONAL INTENT To request a Use Permit for a 9,700 square foot day care facility within the T-4 Open Transect Zone on 1.272 acres. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 2 of 18 U18-06 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 3 of 18 U18-06 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 4 of 18 U18-06 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 5 of 18 U18-06 SITE PLAN SUBMITTED ON FEBRUARY 27, 2018 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 6 of 18 U18-06 REVISED SITE PLAN SUBMITTED ON APRIL 10, 2018 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 7 of 18 U18-06 SUBJECT SITE LOOKING WEST TOWARD ARNOLD MILL LOOKING EAST TOWARD CRABAPPLE ROAD Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 8 of 18 U18-06 SUBJECT SITE: The subject site contains 1.272 acres fronting on Green Road and is developed with a single family residence and currently zoned T-4 Open within the Crabapple Form Based Code. The applicant is requesting a Use Permit for a 9,700 square foot day care facility with a maximum of 156 children. In addition, the applicant is requesting that the hours of operation be from 6:00 a.m. to 6:30 p.m., Monday through Friday. The Crabapple Form Based Code requires that this use obtain a Use Permit. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted on April 10, 2018 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS – T-4 Open – Crabapple Form Based Code Development Standards Proposed Development Lot Width – 18 ft. minimum and 96 ft. maximum 355 feet (Since this lot was in existence at the time of the adoption of the FBC, it is grandfathered and therefore does not have to meet these standards. Lot Coverage 70% maximum 72 % (A warrant has been requested, an administrative variance, to exceed the maximum.) Frontage Buildout – 50% minimum Does not meet, but since this lot was in existence at the time of the adoption of the FBC, it is grandfathered and therefore does not have to meet this standards. Front Setback – 10 ft min – 30 ft max 0 feet to 40 feet (A warrant has been requested, an administrative variance for the proposed setback.) Side Setback – 0 ft. min More than 0 feet Rear Setback – 3 ft. min More than 3 feet Building Height – Maximum 3 stories 1 story Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 9 of 18 U18-06 Below, is the applicant’s request and considerations for each of the warrants: Request for Warrant – Front Setback: 0 feet to 40 feet Per Crabapple Form-Based Code Section 4.4.1 b, Table 10 states that for T4 zoning front building setback is to be 10’ minimum and 30’ maximum. If approved, this would not offend the intent of the code due to the majority of the frontage being just behind the maximum setback. The columns of the porte cochère will be 20 feet from the curb, thus allowing sufficient area between that and the street. The shape of the property along with the right-of-way taken on the northwestern corner of the property along Green Road pushes the building further back from the property line than desired. If gran ted, this will not cause a detriment to the public good or surrounding properties. Based on the above considerations, the above Warrant is approved for the Front setback to be 0 feet to 40 feet. Request for Warrant - Lot Coverage 72% maximum To meet the minimum requirements for parking on site, we are requesting a warrant on the max lot coverage of 70%. Per Crabapple Form -Based Code Section 4.4.1 e, Table 10 states that for T4 zoning the maximum lot coverage is to be 70%. Currently the site is at a coverage of 72% due to required parking, building and playground size. If approved this would not offend the intent of the code. As discussed in the multiple public meetings that have been held, parking is a concern with the neighboring properties. We are utilizing the least area as possible to accommodate the minimum parking requirements while taking into consideration the public’s concerns. If granted, this would be a benefit to surrounding properties. Based on the above considerations, the above Warrant is approved for the Maximum Lot Coverage. DEVELOPMENT STANDARDS – SEC. 64-1809 – Day Care Facility Use Permit Based on the requirements pursuant to Sec. 64-1809, the site plan indicates compliance with the development standards for the Use Permit. ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, the report satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does not contain wetlands, floodplains, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 10 of 18 U18-06 ARBORIST COMMENTS Development will need to meet the Tree Canopy Plan required per Sec. 60-28 of Tree Canopy Ordinance adopted 2/5/18. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. TRANSPORTATION ENGINEER Due to the existing turn lanes in the vicinity and proximity to the intersection of SR 140 and Green Road, a left turn lane is required. Turn lane addition is to coordinate with existing left and right turn lanes on Green Road at SR 140 to create a 3 lane section from the proposed site entrance to SR 140. PUBLIC INVOLVEMENT On March 27, 2018, the applicant and engineer were present at the Community Zoning Information Meeting (CZIM) held at Community Place at City Hall . There were approximately 23 residents in attendance at the meeting. They voiced the following concerns regarding the proposed day care facility:  Traffic congestion on Green Road, cars are already in gridlock in the morning and afternoon rush hour. How can there be an additional 150 plus trips in the morning and afternoon?  Afraid that people will use the residential streets to turn around to get to the intersection of Arnold Mill and Green Road.  Noise from the outside playground during the day, as many of the nearby residents are retired.  Lighting of the site will spill over to the residential developments.  The proposed day care facility is too intense of a use for the area.  Green Road is a residential street and a non-residential use shouldn’t be allowed. PUBLIC PARTICIPATION REPORT Staff notes that in addition to the required public participation report, the applicant and his engineer met with the adjacent neighborhoods on March 28, 2018. The applicant held a meeting on Wednesday, April 11, 2018 at 6 p.m. at Community Place, 2006 Heritage Place. There were seven residents in attendance who made the following comments. The responses from the applicant are shown below. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 11 of 18 U18-06 1. Utilizing mature trees  The applicant will adhere to all landscape requirements per the City of Milton, which includes dense landscaping. 2. Prioritizing local enrollment  The applicant will look at sending out pre-enrollment notices to local Milton residents to encourage local registration. 3. Emergency services impact  The applicant is currently working with the City and will adhere to requirements from Public Works concerning signage of intersections. 4. Sidewalk connecting townhomes  The applicant will install sidewalks and streetscape in accordance to City standards. 5. Privacy Fencing  The City is requiring 4-board fencing with wire mesh around the perimeter of the site, and the applicant will adhere to the requirements. 6. Noise pollution will be mitigated as much as possible with the use of opaque fencing around the playground, reduced speaker noise and perimeter landscaping. In addition to the responses above, the applicant is willing to self-impose the following conditions regarding neighbor’s concerns:  Normal operating hours will not expand beyond 6:00 am to 6:30 pm Monday Friday. With exception for occasional special events (parent’s night out, Holiday programs, Open Houses).  Red carpet service for drop off during peak times –normally between 7:30 am and 8:30 am.  No Little Sunshine bus service bringing kids to the facility.  Special events will be staggered during the day so to even out the traffic to and from the facility.  External speakers will be turned down as to not disturb the neighbors.  An additional parking area will be created exceeding city parking requirement. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 10, 2018 Comments:  Applicant should add conditions to use permit to address resident’s concerns.  Meet conditions of traffic study.  Limit noise/light pollution.  Add limit on afterschool program.  Develop a good landscape plan to shield neighbors.  Present signage package to ensure signage is appropriate. USE PERMIT CONSIDERATIONS Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 12 of 18 U18-06 In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in the “T-4 Open” land use category on the City of Milton Comprehensive Plan Update Map. The proposed use permit for a day care facility is permitted in the T-4 Open Transect Zone. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning: T-5 Transect Zone abutting Arnold Mill Road (SR 140) to the west that is currently developed with single family residences but if redeveloped will permit mixed use and or residential up to 9 units per acre, T-5 and T-4 Open Transect Zones to the northwest with townhomes (Glenview at Arnold Mill) under development at a density of 9 units per acre and 5 units per acre respectively for an overall density of 5 units per acre. To the north and northeast is single family residential (Waterside Subdivision) zoned CUP (Community Unit Plan) developed at 2.25 and 3.22 units per acre. To the east, is T-4 Open developed with a single family residence and further to the east is Parkside at Silos Townhomes developed at a density of 4.2 units per acre. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the requested warrants for maximum front building setback and lot coverage are approved. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 13 of 18 U18-06 The new trips for the proposed site are estimated to be distributed fairly evenly among the routes to the site. The highest entering and exiting routes (35% of trips) are proposed to be the SR 140 northbound right turn onto Green with right turn into the site and left turn out of the site with left turn onto SR 140 southbound. The intersections of SR 140 at Green and SR 372 at Green have been identified for improvement in the 2016 City of Milton Comprehensive Transportation Plan and the 2018 North Fulton Comprehensive Transportation Plan. Additionally SR 140 at Green was included in the 2016 Fulton County Transportation Special Purpose Local Option Sales Tax initiative project list. The City of Milton and Georgia Department of Transportation have been coordinating on proposed improvements for these intersections but timelines for implementation have not yet been determined. The proposed use will increase trips along the routes to the site but traffic flow will continue to be impaired until intersection improvements are made for SR 140 at Green and SR 372 at Green. The proposed site plan creates a left turn lane into the site by modifying a portion of existing left turn lane for Waterhaven Lane (west entrance to Waterside) and extending the taper. To facilitate the highest exiting route, the taper may be replaced with a full width lane that connects to the left turn lane on Green at SR 140. Below are the summary of daily and peak hour trips and the distribution percentages for the proposed use: Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 14 of 18 U18-06 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 15 of 18 U18-06 5. The location and number of off-street parking spaces; The off street parking is located on the sides and rear of the proposed building which is the appropriate location as required by the Crabapple Form Based Code. Below is a table indicating the required and provided number of parking spaces for the site. 3.5 spaces per 1,000 gross square feet Proposed Building (9,700 sq.ft.) 9.7 x 3.5 = 34 Spaces Total Required 34 spaces Total Provided 35 spaces (Of which 2 are handicapped) 6. The amount and location of open space: The T-4 Open transect zone requires a maximum of 70 percent lot coverage. The applicant has exceeded it by 2 percent. 7. Protective screening: The Crabapple Form Based Code does not require any protective screening when developing within the T-4 Open Transect Zone when adjacent to other transect zones within the Form Based Code. The applicant has agreed to install a maximum five foot high, four board equestrian style fence with hog wire along the interior property lines. This will be included in the Recommended Conditions. 8. Hours and manner of operation: Monday – Friday 6:00 am – 6:30 pm It is Staff’s opinion that the above mentioned hours and days of operation are reasonable for the proposed used and will be included in the Recommended Conditions. The applicant also states there will be occasional special events such as parent’s night out, holiday events, and open houses. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with Section 4.12 of the Crabapple Form Based Code which requires light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees as well as other regulations that limit light pollution. Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 16 of 18 U18-06 10. Ingress and egress to the property. Due to the existing turn lanes in the vicinity and proximity to the intersection of SR 140 and Green, a left turn lane is required. Turn lane addition is to coordinate with existing left and right turn lanes on Green at SR 140 to create a 3 lane section from the proposed site entrance to SR 140. CONCLUSION The proposed development of the day care facility is consistent with the City of Milton Comprehensive Plan Update suggestion of T-4 Open and meets the development standards for a day care facility use permit. Therefore, Staff recommends APPROVAL CONDITIONAL of U18-06 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 17 of 18 U18-06 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be for a Use Permit for a Day Care Facility (Sec. 64-1809) 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) Restrict the use of the subject property to a day care facility in a 9,700 square foot structure and associated accessory structures. b) Restrict the number of students to 156. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on April 10, 2018. 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. This site plan may be changed in the future in order to comply with city codes and zoning conditions or other unforeseen conditions that impact the overall design of the site. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) Prior to the issuance of a Certificate of Occupancy, comply with all regulations of the Georgia Department of Early Care and Learning. c) Days and hours of operation shall be limited to the following: Monday through Friday - 6:00 am to 6:30 pm. d) There shall be no bus service bringing kids to the facility. 3) To the owner’s agreement to the following site development considerations: a) Access to the site and frontage improvements 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 Prepared by the Community Development Department for the Planning Commission Meeting on April 25, 2018 4/20/2018 Page 18 of 18 U18-06 of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Turn lane improvements shall tie to existing infrastructure at the intersection of Green Road and SR 140 as required and approved by Milton Public Works. c) Construct a four-board equestrian style fence with hog wire not to exceed 60 inches in height along the interior property lines. 4) 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. Page is too large to OCR. From: Robyn MacDonald, Zoning Manager To: City of Milton Planning Commission Re: Text Amendments –RZ17-12, RZ17-13, RZ18-04, and RZ18-05 regarding lodging in Crabapple and Deerfield Form Based Codes. Date: February 21, 2018, Updated April 9, 2018 for the April 25, 2018 Planning Commission Meeting. RZ18-04 – To amend Article XIX Crabapple Form Based Code to amend Table 8B Building Unit Function Exchange Rate as it relates to Lodging RZ18-05 – To amend Article XX Deerfield Form Based Code to amend Table 9B Building Unit Function Exchange Rate as it relates to Lodging. RZ17-12 – Text Amendment to Article XIX – Crabapple Form Based Code, 1.6.4.b as it relates to lodging RZ17-13 – Text Amendment to Article XX – Deerfield Form Based Code, 1.6.4.b as it relates to lodging Staff notes that related text amendments RZ17-12 and RZ17-13 were deferred at the December and January Planning Commission Meetings to allow these additional associated text amendments to “catch up” with RZ18-04 and RZ18- 05. The City of Milton only has one hotel within its jurisdiction. Hotels produce a high amount of tax revenue through property taxes and the amount of public services required by the City is minimal. The hotel/motel tax also helps to fund our special events throughout the year in the City. Over the past few years, hotel developers have been interested in building hotels in Milton, especially in the Deerfield area. Hotel developers look for smaller parcels between 1 and 3 acres to keep the development costs down. The current density allocation for hotel rooms are 2 hotel rooms per unit. So for example, if you have a 2 acre site within the T-6 transect zone at 9 units per acre, the maximum number of rooms would be 36 for the site. This is too low of a number of rooms to develop the site. Therefore, Staff is recommending that for each unit, 4 rooms are allowed. This would double the existing allowance and provide for 72 rooms in the previous example using a 2 acre site or 36 rooms per acre. Staff has provided the following analysis of nearby hotel locations with their acreage and number of rooms. Bolded indicates hotel in City of Milton. There are no hotels or lodging within the Crabapple Form Based Code but is permitted by right. Hotel Acres # of Rooms Average rooms per acre Hyatt Place 5595 Windward Pkwy 3.2 128 40 Hampton Inn 16785 Old Morris 2.8 103 37 Comfort Inn 5455 Windward Pkwy 1.2 64 53 Springhill Suites 12730 Deerfield Pkwy 2.35 82 35 Holiday Inn Express 12505 Innovation Way 2.38 135 57 Hilton Gardens Inn 4025 Windward Plaza 3.37 164 49 Double Tree by Hilton 1.7 79 46 Cotton House Hotel (Under Development) Milton Ave (Alpharetta) 1.0 119 119 Marriott Windward (Full Service Hotel) 8.2 318 39 Planning Commission Meeting on February 28, 2018 Staff presented the information above regarding the need to revise the number of hotel rooms (2) per unit in both the Deerfield and Crabapple Form Based Codes. During the discussion, it was suggested that Staff conduct further research to determine the optimal density for the areas. The four associated text amendments were deferred to the April 25, 2018 Planning Commission Meeting. The national occupancy rate for commercial hotels, is shown below by days of the week. Commercial hotels service short-term, transient visitors. Business persons are the chief market of commercial houses. Conventioneers, engineers, salespersons, consultants and small business persons form the core of the customer base. These hotels locate close to their market, the business community. Hotels are usually in an urban area but are also located near arterial highways, research parks, and airports. Because of this type of use the higher average daily occupancy is during the beginning of the week and lower during the weekends. National Occupancy by days of the week Monday 100% Tuesday 100% Wednesday 90% Thursday 90% Friday 40% Saturday 20% Sunday 20% Average per 7 days 66% Source: “The Traditional Hotel Industry” Staff spoke to a local industry consultant that stated that the demand for hotels, specifically commercial hotels, is where the business centers are located. For the City of Milton, that is within proximity of the Windward Parkway/GA 400 area and therefore would not be in the Crabapple area where it is primarily residential uses and businesses supporting residential uses. A bed and breakfast model would be a better fit for the Crabapple area since the demand would not support a commercial hotel or even a boutique hotel since it is located far away from a business center. Staff notes that bed and breakfast is a “by right” use within the T-4, T-4 Open, and T-5 transect zones. A use permit is required for the T-2 and T-3 transect zones and not permitted within the T4-R transect zone. With these facts in mind, an increase in the number of rooms per unit to 8, the following would result: A 2 acre site within the T-6 Transect Zone that has up to 12 units per acre would be 12 x 8=96 x 2 acres = 192 rooms which would provide a sufficient number to be competitive with nearby locations in Alpharetta. A site does not have to have this large number of rooms, but it allows the market to develop the number of rooms that will make the project viable. It should also be noted that the maximum height within the T-6 transect zone is 16 stories and within the T-5 transect zone is 4 stories. Therefore, Staff recommends that 8 hotel rooms per unit replace the existing 2 hotel rooms per unit to provide the incentive for future development of hotels within the Deerfield Form Based Code. Within the Crabapple Form Based Code, the number of rooms could be increased to 4 rooms per unit to provide incentive if the market demands it. RZ17-12 – Text Amendment to the Crabapple Form Based prepared for the Planning Commission Meeting on April 25, 2018 1.6 - DENSITY CALCULATIONS 1.6.1 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.2 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.3 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.2 is not exceeded. 1.6.4 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 24 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.5 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.4. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space, but not to exceed the Base Density specified as being allowed "By TDR" for each zone in Table 10 that meets one of the following conditions: a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight-line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 ( Ord. No. 15-04-242 , § 1, 4-27-2015; Ord. No. 17-01-298 , § 1, 1-30-2017) RZ17-13 – Text Amendment to the Deerfield Form Based prepared for the Planning Commission Meeting on April 25, 2017 1.6 - DENSITY CALCULATIONS 1.6.1 Applicability a. The requirements of this Section 1.6 apply to all areas except the Five Acre Road Density Zone. b. In the Five Acre Road Zone, density may not exceed 10,000 square feet of floor area per acre of Gross Site Area, regardless of Transect Zone or Special District. 1.6.2 Density shall be expressed in building units per acre as specified by Transect Zone in Table 11 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 11 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units or fractions thereof shall be exchanged for Functions at the following rates as established in Table 9B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 28 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Where the exchange of building units for Functions results in a fraction, the fraction shall be rounded down to the nearest whole number of dwelling units, guest rooms, or square feet as established in Section 1.6.5. 1.6.7 Accessory Units do not count toward Density calculations. 1.6.8 Civic Buildings do not count towards Density calculations. 1.6.9 Senior housing units approved by use permit in accordance with Section 64-1834 do not count toward the Density calculations of This Code and are subject to those of Sections 64-1834. 1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 11 section (a.), subject to the provisions of Section 1.7, except that use of TDR is not permitted in the Maximum Two Story Height Zone under either of the following conditions: a. The parcel is located north of the centerline of Bethany Bend as depicted on the Regulating Plan; or b. The parcel is adjacent to property that is located in the T-2 transect zone, located in the AG-1 (Agricultural) district, or zoned for or developed with a single family dwelling unit, as prohibited in Section 1.7.6. ( Ord. No. 15-04-240 , § 1, 4-27-2015; Ord. No. 16-02-269 , § 1, 2-17-2016) RZ18-04 – Text Amendment (Crabapple FBC) prepared for the City of Milton Planning Commission Meeting on April 25, 2018 4/20/2018 TABLE 8B: - Building Unit Function Exchange Rate. This table shows the rate that Building Units shall be exchanged for Functions. RESIDENTIAL 1 dwelling for each Building Unit LODGING 2 4 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit ( Ord. No. 15-04-242 , § 1, 4-27-2015) RZ18-05 – Text Amendment (Deerfield FBC) prepared for the City of Milton Planning Commission Meeting on April 25, 2018 4/20/2018 Table 9B: - Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions. This table does not apply to the Five Acre Road Zone, where no exchange is permitted. RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 28 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit ( Ord. No. 15-04-240 , § 1, 4-27-2015) To: City of Milton Planning Commission From: Robyn MacDonald, Zoning Manager Re: Text Amendment – RZ18-09 Date: April 13, 2018 for the April 25, 2018 Planning Commission Meeting Article XIX Crabapple Form Based Code to amend Article 3.2 General Requirements to prohibit gates. The purpose of this text amendment is to prohibit gates, both vehicular and pedestrian, on public and private properties within the Crabapple Form Based Code area. It is the intent of the Crabapple Form Based Code to produce a cohesive and inter-connecting downtown village for access for all the citizens of the City and its visitors. This text amendment will assist in creating a mix of uses that will serve to promote a live, work, and play downtown village in Crabapple. RZ18-09 – Text Amendment to the Crabapple Form Based Code prepared for the City of Milton Planning Commission Meeting on April 25, 2018. 4/20/2018 3.2 - GENERAL REQUIREMENTS 3.2.1 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.2.2 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare shall taper to meet those of the existing Thoroughfare. 3.2.3 Each lot shall Enfront a vehicular Thoroughfare or a Civic Space. When a lot Enfronts a Civic Space, the fire prevention and protection requirements of Chapter 22 of the Code of the City of Milton shall still apply. 3.2.4 Standards for new Thoroughfares shall be as follow: a. In zones T2, T3, T4, T5, new Thoroughfares shall conform to Table 3. b. In Special Districts, new Thoroughfares shall conform to Table 3 or the requirements of the Subdivision Ordinance. c. In all T-Zones and Special Districts, the design of new Thoroughfares shall be subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.2.5 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.2.6 Rear Alleys shall be paved for their width. 3.2.7 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. 3.2.8 There shall be no gates or barriers utilized for ingress/egress for vehicular or pedestrian uses. This includes public or private right-of-ways, driveways, or common parking lots. ( Ord. No. 15-04-242 , § 1, 4-27-2015)