HomeMy WebLinkAboutPacket - PC - 05-23-2018 PLANNING COMMISSION AGENDA
City Council Chambers
2006 Heritage Walk
Wednesday, May 23, 2018
6:00 pm
1. Pledge of Allegiance
2. Call to Order
3. Public Comment
4. Approval of Action Minutes
a) April 25, 2018 Planning Commission Meeting
5. Use Permits
a) U18-07/VC18-06 – 850 and 875 Hickory Flat Road - A request
by Curtis Mills for a Use Permit for an outdoor music festival for
periodic concerts (Sec. 64-1812) on 6.48 acres and a 9 part
concurrent variance to the following zoning ordinance
requirements:
1) 64-1812(b)(2): To delete the opaque fence and replace
with a four-board equestrian fence with a ten foot landscape
strip as approved by the City Arborist.
2) 64-1812 (b)(4): To reduce the activity zone setback from
100 feet to 25 feet adjacent to the following property lines;
West 421.59 feet and North 201.7 feet.
3) 64-1812 (b) (5): To allow the facility to exceed the
maximum sound requirements.
4) 64-1812(b) (6): To eliminate the 3 year renewal period.
5) 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer
and 10 foot improvement setback to a 10 foot landscape
strip adjacent to the west property line 421.59 feet and North
property line 201.71 and delete for remaining property lines.
6) 64-1317(f): To delete the required landscape islands for the
parking lot.
7) 64-1346(b): To increase the rural section building maximum
setback from 20 feet to 430 feet.
Page 2 of 2
8) 64-1323(a): Parking lot to be located in front of a building.
9) 64-1323(c): To allow the parking lot to be in one large area.
6. Text Amendments to the Zoning Ordinance
a) RZ18-10 – To amend Sec 64-1 Definitions
b) RZ18-11 – To amend Article XVII – Development Regulations,
Sec 64-2395, Sec 64-2397, and Sec 64-2398
c) Chapter 50 of the City Code - Subdivisions
7. Adjourn
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 1
PETITION NUMBERS
U18-07/VC18-06
ADDRESS 850 and 875 Hickory Flat Road
DISTRICT, LAND LOT 2/2 342 and 379
OVERLAY DISTRICT Birmingham Crossroads Overlay District
EXISTING ZONING AG-1 (Agricultural) and C-1 (Community Business)
PROPOSED USE PERMIT Festivals or events; indoor/outdoor
ACRES 6.486
EXISTING USE Buice Store and associated parking
PROPOSED USE Matilda’s music venue
OWNER/APPLICANT Curtis Mills
ADDRESS 16355 Birmingham Hwy
Milton, GA 30004
To request a Use Permit for an outdoor music festival for periodic concerts (Sec. 64-
1812) on 6.48 acres and a 9 part concurrent variance to the following zoning
ordinance requirements:
1) 64-1812(b)(2): To delete the opaque fence and replace with a four-board equestrian
fence with a ten foot landscape strip as approved by the City Arborist.
2) 64-1812 (b)(4): To reduce the activity zone setback from 100 feet to 25 feet
adjacent to the following property lines; West 421.59 feet and North 201.7 feet.
3) 64-1812 (b) (5): To allow the facility to exceed the maximum sound requirements.
4) 64-1812(b) (6): To eliminate the 3 year renewal period.
5) 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer and 10 foot
improvement setback to a 10 foot landscape strip adjacent to the west property
line 421.59 feet and North property line 201.71 and delete for remaining property
lines.
6) 64-1317(f): To delete the required landscape islands for the parking lot.
7) 64-1346(b): To increase the rural section building maximum setback from 20 feet
to 430 feet.
8) 64-1323(a): Parking lot to be located in front of a building.
9) 64-1323(c): To allow the parking lot to be in one large area.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 2
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION –MAY 23, 2018
U18-07 – APPROVAL CONDITIONAL
VC18-06– Parts 1, 2, 3, 5, 6, 7, 8 and 9 – APPROVAL CONDITIONAL
VC18-06, Part 4 - DENIED
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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EXISTING ZONING MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 5
2035 FUTURE LAND USE MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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SITE PLAN SUBMITTED – MARCH 27, 2018
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 7
West property line (adjacent to single family residence zoned AG-1)
West property line (looking further north)
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 8
North property line adjacent to single family residence zoned AG-1
Looking East toward Buice Store and intersection
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 9
Looking North on the property
Power Easement looking toward the northwest
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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Stand of forest on northern portion of site.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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SUBJECT SITE
The subject site is zoned AG-1 (Agricultural) and C-1 (Community Business) and
developed with the Buice Store and associated parking. There is also a large
amount of open field and mature forests as well as a 100 foot wide power
easement across the 6.48 acre site.
REQUEST AND BACKGROUND
Mr. Curtis Mills, the applicant and owner of the subject site is requesting a Use
Permit to create a music venue under Section 64-1812 (Festivals or events;
indoor/outdoor) which requires it to go before the Planning Commission and
City Council for review and recommendation.
The property is currently zoned AG-1 (Agricultural) and C-1 (Community Business)
unconditional where the Buice Store is located. The applicant proposes to have
Matilda’s Under the Pines relocated from its Alpharetta location on Hwy 9 to the
subject site because the Alpharetta property will be redeveloped and the
operator, Mary Jane Potter, wants to relocate it to Mr. Mill’s property. The
current location has been operating for over 15 years and events are attended
by average size groups of approximately 150 people to a peak number of 200
people. The musical acts are typically Nashville based with a wide variety of
musical styles appealing to a variety of musical tastes. The music is typically
acoustic with amplification.
Music events are “open air” so are typically conducted in warmer months, from
April through November on either Friday or Saturday nights. Event frequency is
between two times per month or once a week, depending on booking
availability and attendee interest. Doors typically open at 7:00 p.m. with
socializing until shows start at around 8:30 p.m. Music typically completes by
10:30 p.m. or 11:00 p.m. at the latest. The intent is to replicate the above
described scheduling.
The audience usually brings boxed hors d’oeuvres and dinner. Seating is either
brought by attendees with some tables and chairs provided by the facility.
These events are “family friendly” and an open area beyond the seating is used
by children of attendees for nearby safe play. The applicant intends to replicate
the seating approach and children’s play area. There are currently no restroom
facilities on the site. The intention would be to add small restroom facilities which
have been included in the overall square footage of the submitted application
but in the interim, portable bathrooms will be provided on the site in the
appropriate area to serve the public. In addition, attendees could utilize the
bathroom facilities in the Buice Store that is currently being planned for a full
service restaurant.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 12
The actual music stage is the covered porch of a small old farm house that is
referred to as “The Hen House”. The applicant intends to move this structure
intact, for the exact same use. The existing house measures a total of 493 square
feet of interior and the exterior side porch that is the actual stage, measuring
213 square feet. The applicant intends to add 200 square feet for a future
bathroom addition for a total of approximately 693 square feet of interior space.
Please note that the submitted site plan indicates 673 square feet which should
be 693 square feet.
The interior is used for musician preparation, instruments, etc. There is no
plumbing at present and intent is to add a bathroom facility for the musicians
and public in the future which is included in the 693 square feet.
The existing facility on Hwy 9 has approximately 12 parking spaces, with most
parking provided by adjoining parking lots that are unused during the concerts.
The attendees are accustomed to walking to get to the venue, and this is
considered part of the appeal. A growing number of attendees use ride services
so parking needs are reduced. Parking is proposed on-site for the use.
Picture of Relocated Building from Hwy 9 in Alpharetta (AKA Hen House)
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 13
Looking toward the seating area at the current location.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan and revised letter of intent submitted
to the Community Development Department on March 27, 2018, Staff offers the
following considerations:
Festivals or events; indoor/outdoor (Section 64-1812)
Required Standards Meets the
Standard
(a) Required districts. AG -1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. Yes
(b) Standards.
(1) Permitted curb cut access shall not be from local streets.
Yes
(2) Eight-foot-high 100-percent opaque fencing shall be provided adjacent
to residential districts or AG-1 districts used for single-family dwellings.
No
(3) Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. when
adjacent to residential districts or AG-1 districts used for single-family
dwellings.
Yes
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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(4) Activity areas, including parking, shall be at least 100 feet from a residential
district or AG-1 districts used for single-family dwellings.
No
(5) A maximum continuous sound level of 60 dBA and a maximum peak sound
level of 75 dBA shall not be exceeded at property lines of adjacent to land
which is used for residential districts or AG-1 districts used for single-family
dwelling purposes.
No
(6) The festival or event shall be limited to a three-year period from the date of
the city council's approval not to exceed a total of 180 consecutive days in a
calendar year.
No
Part 1 - 64-1812(b)(2): To delete the opaque fence and replace with a four-
board equestrian fence with a ten foot landscape strip as approved by the City
Arborist.
The required eight foot opaque fence would be inappropriate for the rural
landscape that is indicative of Milton (refer to first two photos of the west
property line) and instead replace it with the appropriate four board equestrian
fence adjacent to residential districts or AG-1 (Agricultural) used for single family
residential. The only property owner that would be impacted to the west
already has an equestrian fence installed which is in keeping with the rural look
within the City. An opaque, eight foot high is not an allowed type of fence
where it can be seen from the right-of-way. In addition, the applicant has stated
that a 10-foot landscape strip would be planted along the fence line to be
approved by the City Arborist. The intent is to provide landscaping that is native
and natural looking to the area and to integrate the four existing specimen trees
along the western property line.
(1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance
Based on the intent of the area to be rural in character by utilizing an equestrian
style fence and landscaping instead of an 8 foot opaque fence, the request
does not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
The amount of eight foot high opaque fencing for approximately 620 linear feet
will negatively impact the bucolic, rural atmosphere that currently exists on the
property.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 15
The actual activity for the music venue is located approximately 430 feet from
Hickory Flat Road and the proposed equestrian fence and landscaping so as
not to cause a substantial detriment to the public good and surrounding
properties.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
The proposed fencing and landscaping provides for the public safety, health
and welfare, and that substantial justice is done.
Therefore, Staff recommends Approval Conditional of Part 1 of VC18-07.
Part 2 - 64-1812 (b)(4): To reduce the activity zone setback from 100 feet to 25
feet adjacent to the following property lines; West 421.59 feet and North 201.7
feet.
The primary activity with the stage and seating area is in the rear approximately
430 feet from the front of the property. The relocated stage is proposed to be 50
feet from the property line to the west near the corner of the property. Although
the applicant has requested a reduction from 100 feet to 25 feet, Staff
recommends that if this concurrent variance is approved, that the setback for
activities be 60 feet. This will allow the encroachment of the relocated building
adjacent to the west property line. This would provide additional protection to
the adjacent residence to the west by requiring activities to be 60 feet from the
property line.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
If the setback is reduced to 60 feet by providing appropriate separation
between the use and the adjacent residence this request would not offend the
spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
The required 100 feet activity setback would limit the usable area for the
proposed music venue.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 16
The actual activity for the music venue is located approximately 430 feet from
Hickory Flat Road with pedestrian traffic being the primary activity running
parallel to the west property line.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
The location of the primary activity is located 50 feet from the adjacent
residence as well as the pedestrian traffic and therefore the public safety,
health and welfare are secured.
Therefore, Staff recommends Approval Conditional of Part 2 of VC18-07 with a
reduction from 100 feet to 60 feet with the relocated building to encroach into
the setback.
Part 3 - 64-1812 (b) (5): To allow the facility to exceed the maximum sound
requirements.
The applicant measured the sound of a recorded acoustical band on the
subject site. The continuous sound and the peak sound was measured at 75 dBa
directly behind the stage at the property line and 62 dBa further south along the
property line near the residence. In addition, measurement points were at 60
dBa with ambient/road noise with no music. The use permit standard requires a
continuous sound of 60 dBa and peak sound of 75 dBa.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
The maximum continuous and peak sound was measured at 75 dBa behind the
relocated building at the property line. The City’s noise ordinance which was
adopted in September, 2017 which permits acoustical/outside noise from a
commercial area to be a maximum of 85 dBa on Fridays or Saturdays between
the hours of 9 a.m. and 11 p.m.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
Since the ordinance sound levels were not defined for musical performances,
limiting them to the defined levels would reduce the performance quality.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 17
The measured sound levels are just above the allowed maximum sound levels. In
addition, the City’s noise ordinance allows this type of use to be up to 85 dBa up
to 11:00 p.m. on Fridays and Saturdays.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Based on the readings of the sound for a band on the site and the maximum
permitted sound levels within the City’s noise ordinance, public safety, health
and welfare are secured.
Therefore, Staff recommends APPPROVAL CONDITIONAL of VC18-06 – Part 3 with
the following condition:
The maximum noise permitted measured at the following property lines where a
residential use is located; West 421.59 feet and North 201.7 feet shall not exceed
85 dBa peak or continuous sound on Fridays or Saturdays between the hours of
7:00 p.m. and 11:00 p.m.
Part 4 - 64-1812(b) (6): To eliminate the 3 year renewal period.
The applicant is requesting to seek relief from this requirement to renew the Use
Permit in 3 years. The purpose of this requirement is to ensure that the proposed
facility would not be allowed to continue past three years if it proves to have a
negative impact on adjacent and nearby properties and citizens.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
It is Staff’s opinion that if this request is granted it would offend the spirit or intent
of this zoning ordinance because it would not allow the Mayor and City Council
to consider the impact to adjacent and nearby residents after three years.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
The applicant has not presented any extraordinary and exceptional situations or
conditions that would prevent adherence to this requirement.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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U18-07/VC18-06 Page 18
If this request is granted it may cause a substantial detriment to the public good
and surrounding properties if the proposed use is not allowed to be re-evaluated
in three years to determine if has a negative impact on the City.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Public safety, health and welfare may not be secured and substantial justice
may not be done if the opportunity to re-evaluate the use is not provided.
Therefore, based on the above considerations, Staff recommends Denial of Part
4 of VC18-07.
Rural Milton Overlay District
The proposed site plan meets the requirements of the Rural Milton Overlay
District as required pursuant to Sec. 64-1142 except for the following requested
concurrent variance.
Part 5 - 64-1142(a)(3)(b): To reduce the 75 foot undisturbed buffer and 10 foot
improvement setback to a 10 foot landscape strip adjacent to the west
property line 421.59 feet and North property line 201.71 and delete for remaining
property lines.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
The adjacent residential use on the west property line is near Hickory Flat Road,
while the stage or “hen house” is approximately 430 feet to the north of Hickory
Flat Road. In addition, parking is away from the west property line and foot
traffic to the stage would be guided down the center and eastern portion of the
property which is over 100 feet from the west property line. In addition, the
applicant has spoken to the adjacent residential property owner and has
agreed to a condition that includes a 60 foot setback which is consistent with
the proposed 60 foot activity setback from the west property line. Therefore, it is
Staff’s opinion that relief, if granted, would not offend the spirit or intent of this
zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 19
The required 75 foot undisturbed buffer and 10 foot improvement setback would
create unreasonable constraints on the property given the shape of the lot and
possibly render it unusable for the proposed use.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
The proposed equestrian fence, 10 foot landscape strip and 60 foot activity
setback would not cause a substantial detriment to the public good and
surrounding properties.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
It is Staff’s opinion that the public safety, health and welfare are secured, and
that substantial justice is done if the concurrent variance is approved with
conditions.
Therefore, Staff Recommends APPROVAL CONDITIONAL of VC18-06, Part 5 with
the following conditions:
1) Provide a 60 foot setback and a 10 foot landscape strip adjacent to the west
property line 421.59 feet and north property line 201.71 except where the
building encroaches adjacent to the west property line.
2) Delete the 75 foot undisturbed buffer and 10 foot improvement setback
adjacent to the remaining property lines adjacent to AG-1 zoned property.
Birmingham Crossroads Overlay District
Part 6 - 64-1317(f): To delete the required landscape islands for the parking lot.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
The City Arborist will allow the landscape strip along Hickory Flat Road to provide
needed parking lot trees in addition to additional trees planted along the
northern portion of the gravel parking lot. This will provide the intended shade for
parking similar to landscape islands and is in keeping with the spirit or intent of
the zoning ordinance requirement for landscape islands in a parking lot.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 20
A portion of the existing parking lot has been in existence for many years and
the insertion of landscape islands would not be consistent with the past history of
the property.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
By planting trees on the south and north borders of the parking lot, it would not
cause a substantial detriment to the public good and surrounding properties.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Public safety, health and welfare are not negatively impacted and substantial
justice is done if the request is approved.
Therefore, Staff recommends APPROVAL of VC18-06, Part 6 to delete the above
requirement.
Part 7 - 64-1346(b): To increase the rural section building maximum setback from
20 feet to 430 feet.
The applicant’s request to allow a music venue with the stage or “hen house”
located 430 feet from the front property line is necessary based on the necessity
to have the music away from the road and directed away from adjacent and
nearby residences.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
This requirement was designed to encourage a walkable, village feel with newly
constructed buildings close to the road. This type of facility requires it to be
further from the road to ameliorate the noise and activity associated with the
use and therefore does not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
If the music was performed close to the street and road, parking would be more
difficult, crowds more visible, and sound levels louder than 430 feet back which
is being requested.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Compliance with this requirement would cause detriment to the public good
and surround properties and the requested variance makes the use a better
neighbor.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Public safety, health and welfare are not impacted and substantial justice is
done.
Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 7.
Part 8 - 64-1323(a): Parking lot to be located in front of a building.
The existing gravel parking lot is located in front of the re-located building which
is 430 feet north of the street.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
This requirement was designed to encourage a village feel with directly visible
and accessible retail and commercial structures, without parking creating
clutter and breaking the streetscape. In this case and for this use, the facility is
intentionally pushed as far off the road as possible to minimize impact from
event sight and sound, so the parking would be separated by hundreds of feet.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
There is no practical way to move parking to behind the facility without
disrupting the actual events while in progress.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
The parking lot has been in existence for a long time and has not currently or in
the future cause a substantial detriment to the public good and surrounding
properties.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
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(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Public safety, health and welfare are not negatively impacted and substantial
justice is done with the location of the parking lot in front of the building.
Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 8.
Part 9 - 64-1323(c): To allow the parking lot to be in one large area.
The existing gravel parking lot is located in front of the re-located building which
is 430 feet north of the street.
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
This requirement for dividing parking lots in small areas was designed to
encourage a village feel. On this site, the designated parking area has been in
association with Buice’s Store and more recently Wilbur and Rudy’s as a single
area in the past.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
It is Staff’s opinion that extra parking separation would add no aesthetic value
over the existing and longtime gravel parking use and is not necessary.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
The parking lot has been in existence for a long time and has not currently or in
the future caused a substantial detriment to the public good and surrounding
properties.
(4) That the public safety, health and welfare are secured, and that substantial
justice is done.
Public safety, health and welfare are not negatively impacted and substantial
justice is done with one large parking lot.
Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-06, Part 9.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 23
City Arborist
It appears that no specimen trees will be impacted as a result of the proposed
site layout. If site plan revisions are proposed in the future, staff will reevaluate
disturbance to existing trees. Staff notes that the proposed on-site septic system
is for the future renovation of the Buice Store for a restaurant.
Fire Marshal
This type of building for the concert venue would be classified as an
aesthetically-pleasing storage building. Sprinklers will not be required, but will
require an emergency/exit light and a fire extinguisher.
Transportation
Birmingham Crossroads Overlay requires alternative paths or sidewalks along
existing and internal roads. Connect existing sidewalk on SR 372/Birmingham
Highway to site with pedestrian path or sidewalk.
Pedestrian paths may be installed instead of sidewalks as approved by
the director of community development department.
Sidewalk widths shall be a specified in section 64-1316. Pedestrian paths
shall be a minimum of five feet wide and shall be made out of a hard
surface material such as concrete, brick or pavers. Paths may be gravel or
gravel dust if approved by the community development director.
Sidewalks for all new projects should connect with existing walks, where
applicable.
Paths from the sidewalk to the buildings, between buildings, and to
parking lots should be established with minimal interruption by vehicular
circulation, parking lots, and service areas.
Pedestrian paths shall be designed to minimize automobile and
pedestrian interaction.
To the extent feasible, paths shall be designed to connect to existing or
future paths and to developments adjacent to the crossroads.
Environmental Site Analysis
The Environmental Site Analysis (ESA) report was completed as required by the
Zoning Ordinance. On the site, there is a stream and the wetlands are located
adjacent to the stream in the rear of the property within the 25 foot stream
buffers. Further, there are no floodplain, steep slopes, archeological/historical
sites (The Buice Store is not on the City of Milton or National Register of Historical
Places), endangered vegetation or wildlife on the site. The applicant has
submitted the appropriate tree survey and shall comply with the City of Milton
Tree Ordinance.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 24
Public Involvement
Community Zoning Information Meeting
On April 24, 2018 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were approximately 15
members of the community in attendance at the meeting. The following issues
were brought up at the meeting:
Concerned that there would not be adequate parking on the site or if off
site, the safety of pedestrians crossing Hickory Flat Road if they park across
the street.
Concerned regarding the noise produced by the concerts and impact on
adjoining property owners.
City of Milton Design Review Board Meeting Courtesy Review – May 1, 2018
The following comments were made at the meeting:
Adhere to the letter of the law in regard to the requested concurrent
variances.
Public Participation Plan and Report
The applicant submitted the Public Participation Report on May 16, 2018. The
public participation meeting was held on May 7, 2018 at 6:00 p.m. at 875
Hickory Flat Road (Buice Store). There was two community persons in
attendance and the applicant and operator of the proposed venue. Discussed
the site plan and no specific concerns were expressed.
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 within the Agricultural, Equestrian, Estate
Residential (AEE) and Mixed Use/Living Working (MLW) land use categories
on the City of Milton 2035 Comprehensive Plan Map contained in the City
of Milton Comprehensive Plan Update 2016. The proposed use permit for
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 25
a festival/event, indoor or outdoor is permitted in the AG-1 (Agricultural)
and C-1 (Community Business) districts which are acceptable zoning
districts for the AEE and MU/LW land use categories. In addition, the
following Plan Objectives are consistent with the proposed use:
o We will encourage the preservation of natural resource areas and
preserve contiguous green open spaces development of land in
appropriatly designated areas as development occurs.
o We will seek opportunities to provide pleasant, accessible, public
gathering places and parks throughout the community.
o 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.
Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed:
The adjacent use to the west, is a single family residential use zoned AG-1
(Agricultural) as well as further to the west are single family residences
zoned AG-1 (Agricultural). Further to the northwest, north and north east is
the City of Milton Birmingham Park. Directly to the east is the Shell gas
station and convenience and package stores which is zoned C-1
(Community Business) with no conditions. To the south is MIX (Mixed Use)
zoning developed with small offices, retail, and a bank pursuant to
RZ2004-116. Further to the south is the Birmingham United Methodist
Church zoned AG-1 (Agricultural). Based on these surrounding uses and
zoning, it is Staff’s opinion that the proposed music venue is compatible
with surrounding land uses if approved with the Recommended
Conditions.
2. 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 concurrent variances are
approved.
3. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets:
The proposed use’s effect on the traffic flow, vehicular and pedestrian,
along adjoining streets should be limited based on the frequency and
time of the performances limited to Friday or Saturday evenings during the
month.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 26
4. The location and number of off-street parking spaces;
The proposed parking is located on the southern portion of the property
within the existing gravel area. The applicant has 44 parking spaces
shown. This type of festival use requires 2 per 1,000 square feet of ground
area identified for festivals and music festivals related seating. The site
plan indicates a total of 12,000 square feet for related seating. Therefore,
a minimum of 24 parking spaces is required. Although, the site plan
exceeds the minimum required, the applicant should consider providing
additional parking to the north of the existing gravel parking as grass
parking outside of the Staff’s recommended 60 foot activity setback from
the west property line.
5. The amount and location of open space:
The proposed site provides adequate open space based on the fact that
there will only be a small building used for the bands to play and the
gravel parking lot. The remainder of the site will be undisturbed or open
except where the proposed septic system utilized by a future restaurant
within the existing Buice Store is located.
6. Protective screening:
It is Staff’s opinion, if the proposed use is approved with the
recommended conditions for a 10 foot landscape strip, equestrian style
fence, and the 60 foot activity setback adjacent to the single family
residence to the west, these items will provide adequate screening for the
residential use. Further screening is not needed based on the adjacent
use to the northwest, north, northeast being Birmingham Park and to the
east which is the gas station zoned C-1 (Community Business).
7. Hours and manner of operation:
The applicant’s letter of intent states that concerts will be held between
April and November, either on a Friday or Saturday night depending on
booking availability and attendee interest.
The “doors” will be open at 7:00 pm. with socializing until the shows start at
around 8:30 and typically end by 10:30 or 11:00 at the latest.
It is Staff’s opinion that the above mentioned hours of operation are
reasonable for the proposed uses.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 27
8. Outdoor lighting:
The applicant has not indicated any additional lighting on the site. If
lighting is proposed, it must comply with the Night Sky Ordinance.
9. Ingress and egress to the property.
There are two curb cuts on the property. When previous uses were in
operation, only entering vehicles came into the eastern curb cut and
exiting vehicles would exit the western curb cut to alleviate any cross
traffic with the intersection at Birmingham Hwy and Hickory Flat. It is Staff’s
opinion that this same traffic pattern should be kept if this Use Permit is
approved.
CONCLUSION
If approved with the Recommended Conditions, the proposed music venue is
consistent with the City of Milton Comprehensive Plan Update 2016 and
Objectives. In addition, it is Staff’s opinion that the proposed music venue would
contribute to the vitality of the Birmingham Crossroads which in turn may
contribute additional patronage to the area, especially on weekend evenings.
Therefore, Staff recommends that U18-07 be APPROVED CONDITIONAL and
further VC18-06, Parts 1, 2, 3, 5, 6, 7, 8 and 9 be APPROVED AND VC18-06, Part 4
be DENIED.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 28
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, a Use Permit would be
approved for Festivals or events, outdoor/indoor (Sec. 64-1812) subject to the
owner’s agreement to the following enumerated conditions.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Festivals or events, outdoor/indoor on 6.486 acres within the AG-1
(Agricultural) and C-1 (Community Business). (U18-07)
b) A 693 square foot performance stage and associated uses.
c) All uses and densities permitted within the C-1 (Community Business)
zoning district (Article VI, Division 18 of the Zoning Ordinance) as
delineated on the City of Milton Zoning Map.
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on March 27, 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.
Unless otherwise noted herein, compliance with all conditions shall
be in place prior to the issuance of the first Certificate of
Occupancy or Certificate of Completion.
3) To the owner’s agreement to the following use requirements:
a) Days and hours of operation shall be the following:
i. Friday or Saturday within each week.
ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m.
b) There shall be no more than 200 attendees at any given time for
each concert/performance.
4) To the owner’s agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be placed outside of
any required setbacks and located in an inconspicuous are of the
property.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 29
b) Provide a minimum 5 foot high, four-board equestrian fence with a
ten foot landscape strip as approved by the City Arborist adjacent
to the following property lines; West 421.59 feet and North 201.7
where they abut AG-1 (Agricultural) used for residential use. (VC18-
06, Part 1)
c) Provide 60 foot activity zone setback adjacent to the following
property lines with the relocated structure to encroach into the
setback; West 421.59 feet and North 201.7 where they abut AG -1
(Agricultural) used for residential use. (VC18-06, Part 2)
d) The maximum noise permitted measured at the following property
lines where a residential use is located; West 421.59 feet and North
201.7 feet shall not exceed 85 dBa peak or continuous sound on
Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m.
(VC18-06, Part 3)
e) Provide a 60 foot setback and a 10 foot landscape strip adjacent to
the west property line 421.59 feet and north property line 201.71
except where the building encroaches adjacent to the west
property line. (VC18-06, Part 5)
f) Delete the 75 foot undisturbed buffer and 10 foot improvement
setback adjacent to the remaining property lines adjacent to AG-1
zoned property. (VC18-06, Part 5)
g) To delete the required landscape islands for the parking lot and
replace with plantings as approved by the City Arborist adjacent to
Hickory Flat Road and the north side of the parking area. (VC18-06,
Part 6)
h) To provide a 430 foot rural section building maximum setback for
the relocated structure. (VC18-06, Part 7)
i) To provide parking in front of the relocated building. (VC18-06, Part
8)
j) To allow the parking lot to be in one large area. (VC18-06, Part 9)
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on May 23, 2018.
5/20/2018
U18-07/VC18-06 Page 30
5) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
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 Business License, 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 and Chapter
64 Zoning of the City of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the
traffic generated by the site impacts the operations of SR 372
Birmingham Highway or Hickory Flat Road, he/she may require the
owner to conduct a traffic study to determine if the development
warrants any additional improvements at no cost to the city. If
improvements are determined to be warranted, owner shall install
those at no cost to the city.
c) Dedicate at no cost to the City of Milton a 20’ by 20’ right of way
miter at the corner of SR 372/Birmingham Highway and Hickory Flat
Road prior to the issuance of a Business License, Land Disturbance
Permit, Subdivision Plat or Certificate of Occupancy (whichever
comes first).
To: City of Milton Planning Commission
From: Robyn MacDonald, Zoning Manager
Re: Text Amendments for the Subdivision and Zoning Ordinances
Date: May 18, 2018 for the May 23, 2018 Planning Commission Meeting
The purpose of the text amendments below are to make revisions to encourage
the development of large lots within the City. This initiative was begun last fall
and Staff has been directed by the Mayor and City Council to provide the
citizens a more user friendly method to meet this goal of preserving larger lots. A
detailed overview will be presented at the Planning Commission Meeting to
explain the proposed changes.
Staff requests that RZ18-11 be withdrawn entirely as those sections are not
related to the task at hand.
a) RZ18-10 – To amend Sec 64-1 Definitions
b) RZ18-11 – To amend Article XVII – Development Regulations, Sec 64-2395,
Sec 64-2397, and Sec 64-2398 – Staff recommends Withdrawal
c) Chapter 50 of the City Code - Subdivisions
Page 1 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid
or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi -story
facility.
Parking space means an area designated for the parking of one vehicle on an all-weather surface.
No more than two carport or garage spaces may offset the minimum parking requirements in a single -
family residential district. (Specifications included in article VIII.)
Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise
improved.
Pawnshop means a business that lends money at interest on personal property deposited with the
lender until redeemed.
Personal care home/assisted living.
(1) The term "personal care home/assisted living" means a state-licensed use in which domiciliary
care is provided to adults who are provided with food, shelter and personal services.
(2) The term "personal care home/assisted living" does not include:
a. Hospitals;
b. Convalescent centers;
c. Nursing homes;
d. Hospices;
e. Clinics; or
f. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
Personal services, stand alone, means those buildings specifically designed and used for providing
personal grooming, and hygiene services.
Pet grooming means caring for the appearance of domesticated animals kept for pleasure, including
bathing and brushing services.
Photography studio means a room or building used for professional com mercial photography.
Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or
combustible products, or any of their derivative products are conveyed or intended to be conveyed.
Plans review means the act of reviewing plans and specifications to ensure that proposed
undertakings comply with various governing laws, ordinances and resolutions. Compliance is
subsequently utilized to determine that work and materials are in accordance with approved plans and
specifications.
Plant nursery.
(1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants
for sale or transplanting.
(2) The term "plant nursery" does not include:
a. The retail sale of any related garden supplies such as chemical fertilizer, tools and other
similar goods and equipment; or
b. The retail sale of plants not grown on the property.
Plat, final, means a finished drawing of a subdivision which provides a complete and accurate
depiction of all legal and engineering information required by the subdivision regulations (chapter 50).
Certification is necessary for recording.
Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient
detail to indicate its workabilityclearly indicate its and feasibility, but is not in final form for recordingation
Page 2 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
pursuant to the subdivision regulations (chapter 50). The preliminary plat is the first stage in securing a
land disturbance permit.
Plumbing shop associated with retail sales means a commercial establishment used primarily for the
sale of plumbing and lighting equipment, and supplies.
Pool hall means any public place including three or more pool tables where a person is permitted to
play the game of billiards and for which a charge is made for use of equ ipment or for which no charge is
made for use of equipment and where alcoholic beverages are being served.
Porch means a roofed open structure projecting from the exterior wall of a building and having at
least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner
except by insect-screening between floor and ceiling.
Primary variance. See "Variance."
Printing shop means a commercial establishment where copying, reproduction and other business
services are performed.
Prison/correctional facility.
(1) The term "prison/correctional facility" means a public or state -licensed private owned buildings,
and all accessory uses and structures, used for long-term confinement housing and supervision
of persons who are serving terms of imprisonment for violation of criminal laws.
(2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for
longer terms, and is normally operated under the authority or jurisdiction of the state or federal
government. (See section 64-1826, private correctional facility.)
Property, when used in conjunction with an application for rezoning, means an area of land
composed of less than one lot, or of accumulations of one or more lots, or parts thereof.
Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel
required to remain in open space, all areas required as landscape strips and buffers (including zoning
buffers, state water buffers and tributary buffers) and all tree save areas according to:
(1) The provisions of this zoning ordinance;
(2) Conditions of zoning;
(3) Use permit or variance approval; and
(4) The tree preservation ordinance (article III of this zoning ordinance).
Race track means the use of a course devoted to the rac ing of motor and non-motorized vehicles or
animals, and all improvements normally associated with racing such as off -street parking, patron seating,
concessions, and a fixed race track.
Radio and television station means an installation consisting of one or more transmitters or
receivers, used for radio and, or television communications. This definition includes broadcasting
organizations and/or studios.
Recreation fields means an outside area designed and equipped for the conduct of sports and
leisure time activities including, but not limited to:
(1) Softball;
(2) Soccer;
(3) Football; and
(4) Field hockey.
Recreational court, private.
Page 3 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
(1) The term "private recreational court" means an improved area designed and intended for the
playing of a game or event such as basketball or tennis, and which serves a single-family
dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling types, including
such improved areas which are owned and/or controlled by a neighborhood club or sim ilar
organization.
(2) The term "private recreational court" does not include a basketball goal adjoining a driveway of
typical residential driveway dimensions.
Recreational court, public, means an improved area designed and intended for the playing of a game
or event such as basketball or tennis, and is operated as a business or as a club unless such club is a
neighborhood club or similar organization identified under the definition "Recreational court, private."
Recreational facilities includes:
(1) Parks;
(2) Recreation areas;
(3) Golf courses;
(4) Playgrounds;
(5) Recreation counters (indoor and outdoor);
(6) Playing fields; and
(7) Other similar uses or facilities.
Recreational vehicle means a vehicle used for leisure time activities and as a dwelling un it while
traveling. The dimensions of a recreational vehicle shall not exceed a width of eight and one -half feet and
a length of 45 feet.
(1) The term "recreational vehicle" includes:
a. A camper;
b. A motor home; and
c. A travel trailer.
(2) The term "recreational vehicle" does not include a mobile home.
Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be
recycled including, but not limited to, plastics, glass, paper and aluminum materials. Suc h use may be
principal or accessory to a nonresidential use on nonresidentially zoned property, except AG -1 zoned
properties unless the primary use is a permitted nonresidential use.
Recycling center, processing.
(1) The term "processing recycling center" means any facility utilized for the purpose of collecting,
sorting and processing materials to be recycled including, but not limited to, plastics, glass,
paper and aluminum materials whenever such use is permitted in M-1 and M-2 zoning districts.
(2) The term "processing recycling center" does not include a landfill.
Relocated residential structure means a dwelling which has been removed from one location for
relocation to another lot.
Repair garage, automobile, means a use which may provide a full range of automotive repairs and
services including major overhauls. The term "automobile repair garage" includes paint and body shops.
Repair garage, truck and heavy equipment means a use which may provide a full range of repairs
and services including major overhauls on trucks and heavy equipment. The term "truck and heavy
equipment repair garage" includes paint and body shops.
Page 4 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
Repair shop means a commercial establishment where small appliances, electronics and small
motors are restored to working condition.
Research laboratory means a workplace for the conduct of scientific research.
Residential use/dwelling means any building or portion thereof where one actually lives or has his or
her home. The term "residential use/dwelling" also means a place of human habitation.
Restaurant means a food service use which involves the preparation and serving of food to seated
patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the
restaurant facility. Seating space located outside of the main structure (i.e., patios, decks, etc.) shall not
be included in calculating the seating space. The term "restaurant" includes a cafeteria.
Restaurant, fast food, means a food service establishment which sells food from a counter or wi ndow
for consumption on-premises or off-premises. Tables may be provided, and food may be served at a
table, but may not be ordered from a table.
Retail use means a business whose primary purpose is the sale of merchandise to consumers.
Retreat. See "Lodge."
Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc.,
which may or may not be covered or with or without designated seating structures.
Right-of-way means a portion of land over which a local or state government has designated a right
of use.
Roadside produce stand means a use offering either farm-grown, prepared food products such as
fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary
structure. The consumption of food on-site is prohibited.
Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood,
etc., from a temporary table or cart.
Roominghouse means a residential use other than a hotel or motel in which lodgi ng may be provided
to nonhousehold members for periods of 30 days or longer, and which does not include the provision of
meals.
Rural or agricultural event facility means a permanently established facility to include indoor or
outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private
gatherings. The facility takes advantage of special rural characteristics such as natural features, historic
structures and landscapes, special views, open vistas, or a secluded pa storal locale. Types of uses may
include but are not limited to weddings, corporate events, retreats, community events, private parties and
family gatherings/reunions.
Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or
junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing
in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other
building materials; and the storage or accumulation outside of a storage building of used vehicle tires or
tire carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage
facilities whether or not all or part of such operations are conducted inside or o utside a building or as
principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of
toxic and hazardous waste.
Scale refers to the relationship of the size of a building to neighboring buildings and of a building to a
site. In general, the scale of new construction should relate to the majority of surrounding buildings.
School, business, music or dance, means an educational institution devoted to a specific field of
learning whether public or private.
School, private, means an educational use having a curriculum at least equal to a public school, but
not operated by the Fulton County Board of Education.
Page 5 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
School, special, means an educational use devoted to special education, including the training of
gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Schools, colleges and universities means any educational facility established under the laws of the
state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or
towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of
the city, town or other district; private schools which have students regularly attending classes and which
teach subjects commonly taught in these schools of this state; any educational facility operated by a
private organization or local county, or state that provides training or education beyond and in addition to
that training received in grades kindergarten to 12th, including, but not limited to:
(1) Trade, business and vocational schools; and
(2) Any institution of higher learning, consisting of an assemblage of colleges united under one
corporate organization or government, affording instruction in the arts and sciences and the
learned professions, and conferring degrees.
Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of
these that is designed to provided a visual and physical barrier.
Seasonal business use means a primary use involving the sale of items related to calendar holidays,
such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside.
Secondary variance. See "Variance."
Self-storage/mini means a single-level structure or group of structures containing separate
spaces/stalls and which are leased or rented to individuals for the storage of goods.
Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a
single roof that are leased or rented.
Senior housing means a single-family or multifamily development intended for, operated for and
designed to accommodate residents 55 years of age and older. Senior housing communities are
designed for seniors to live on their own, but with the security and conveniences of community living.
Some provide communal dining rooms and planned recreational activities (congregate living or retirement
communities), while others provide housing with only minimal amenities or services.
Service commercial use means a business whose primary purpose is to provide a service.
Service line means a distribution line that transports natural gas from a common source of supply to:
(1) A customer meter or the connection to a customer's piping, whichever is farther downstream;
or
(2) The connection to a customer's piping if there is no customer meter.
The term "customer meter" means the meter that measures the transfer of gas from o ne operator to
a customer.
Service station means a use which provides for the sale of motor vehicle fuels and automotive
accessories, and which may provide minor repair and maintenance services. A service station shall be
limited to four or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback means a space between a property line and a building or specified structure.
Setback, minimum, means the minimum yards as specified in the various use districts. A minimum
required space between a property line and a structure. An area identified by a building line.
Sidewalk means a paved area designated for pedestrians which is constructed in accordance with
city standards.
Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting
conditions of zoning approval, various requirements of state law, and zoning ordinances and other
applicable ordinances.
Page 6 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
Site plan, preliminary, means a detailed plan, normally associated with rezoning and us e permit
requests, which is drawn to scale and reflects the various requirements of state law and of city
ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a
plan as prescribed by the community development department.
Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public
right-of-way.
Special event.
(1) The term "special event" means an event or happening organized by any person or
organization which will generate or invite considerable public participation and spectators for a
particular and limited purpose of time including, but not limited to:
a. Special sales and service promotions;
b. Car shows;
c. Arts and crafts shows;
d. Horse shows;
e. Carnivals, festivals, exhibitions, circuses and fairs;
f. Show houses; and
g. Tours of homes for charity.
(2) Special events are not limited to those events conducted on the public streets but may occur
entirely on private property.
(3) Special events may be for profit or nonprofit.
(4) Special events which will occur in the public right-of-way, such as roadway footraces,
fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police
department.
Specified anatomical areas means less than completely and opaquely covered human genitals,
pubic regions, buttocks, or female breasts below a point immediately above th e top of the areola; and
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; or
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
Spill light means the light that illuminates surfaces beyond the intended area of illumination caused
by the uncontrolled direct light component from the luminaires.
Stadium means a large open or enclosed structure used for sports and other major events and partly
or completely surrounded by tiers of seats for spectators.
Stormwater better site design means nonstructural site design approaches and techniques that can
reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The
term "stormwater better site design" includes but is not limited to:
(1) Conserving and protecting natural areas and greenspace;
(2) Reducing impervious cover; and
(3) Using natural features for stormwater management.
Stormwater management means the collection, conveyance, storage, treatment and disposal of
stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion,
Page 7 of 8
RZ18-10 – Text Amendment to Definitions of Chapter 64 prepared for the City of Milton Planning
Commission Meeting on May 23, 2018
habitat degradation and water quality degradation as determined by engineering studies, in a manner
which enhances and promotes the public health, safety and general welfare.
Stormwater management facility means any infrastructure that effects stormwater management and
which controls or conveys stormwater runoff.
Story.
(1) The term "story" means a portion of a building between the surface of any floor and the floor or
space above it;
(2) The term "story" does not include basements and attics.
Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which
are less than normal ceiling height for the building.
Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public
or they may be private if specifically approved by the community development department as part of a
subdivision plat or approved through the privatization process.
(1) Public streets means rights-of-way used for access owned and maintained by the federal,
state, or local government.
(2) Private streets means roadways and parallel sidewalks similar to and having the same function
as a public street, providing vehicular and pedestrian access to more than one property, but
held in private ownership (as distinct from a driveway). Private streets are constructed to city
standards but owned and maintained by a private entity. Necessary easements for ingress and
egress for police, fire, emergency vehicles and all operating utilities shall be provided. Should
the city ever be petitioned to assume ownership and maintenance of the private streets prior to
dedication of the streets, they must be brought to acceptable city standards subject to the
approval of the director of public works.
(3) Stub-out streets means streets having one end open to traffic and being temporarily terminated
at the other. Stub-outs generally do not have, but may be required to 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 fire department.
(4) Driveway, modified 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 five single-family residential lots that are all a
minimum of 3 acres in size. Driveway means a vehicular access way in private ownership, other
than a private street, which provides access primarily to only one property or project, or to no
more than three single-family detached residences.
(5) Roadway.
a. The term "roadway" means the paved or graveled portion of a street from back of curb to
back of curb (or edge of pavement to edge of pavement for streets not having curbs).
b. The term "roadway" does not include driveway aprons, bridges, and large single and multi -
cell culverts which in a hydrologic sense can be considered to function as a bridge.
(6) Freeway means any multi-lane roadway having full access control and separation of di rectional
traffic. A freeway accommodates large volumes of high speed traffic and provides efficient
movement of vehicular traffic for interstate and major through travel.
(7) Principal arterial means any roadway that has partial or no access control and is primarily used
for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land.
(8) Minor arterial means any roadway that has partial or no access control and is primarily used for
interconnectivity of major arterials and places more emphasis on access to adjacent land over
mobility than principal arterials.
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Commission Meeting on May 23, 2018
(9) Collector road means any roadway that has partial or no access control and has more
emphasis on access to adjacent land over mobility than arterials. The primar y purpose is to
distribute trips to and from the arterial system to their destination points and allow access to the
local roads.
(10) Local road 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.
(11) Full access control means that preference is given to through traffic by providing access
connections only with selected public roads and by prohibiting crossing at grade and direct
private connections.
(12) Partial access control means that preference is given to through traffic to a degree that in
addition to connection with selected public roads, there may be some crossing at grade and
some private connections.
(13) No access control means that preference is generally given to access to adjacent land rather
than mobility.
RZ18-11 – Text Amendment to
Development Regulations of the
Zoning Ordinance
Staff has requested that this item be
deferred.
Page 1 of 33
Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
Chapter 50 - SUBDIVISIONS[1]
Footnotes:
--- (1) ---
Editor's note— Ord. No. 17-04-314 , § 1, adopted April 24, 2017, amended ch. 50 in its entirety to read
as herein set out. Former ch. 50, §§ 50-1—50-5, 50-43—50-51, 50-71, 50-91—50-93, 50-113—50-117,
50-156—50-161, 50-181—50-188, 50-208—50-210, 50-230—50-232, pertained to similar subject matter,
and derived from Ord. No. 06-12-74, § 6, adopted Dec. 21, 2006; and Ord. No. 17-01-299 , § 1, adopted
Jan. 30, 2017.
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 structures 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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
Driveway, non, detached single-family residential, 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, detached 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 two single-family residential lots.
Driveway, modified detached 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 five single-family residential lots that are all a
minimum of 3 acres in size.
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 department,
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.
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.
Plat, minor, means a finished drawing of a subdivision of no more than three lots or five lots if each
lot is 3 acres or more in size that, at the time of subdivision, does not necessarily, but may involve:
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(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.
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 speci fic 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 mobility 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 u sed 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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
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
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 traffic 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, ass ociation, 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, 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
(1) A land disturbance permit;
(2) New streets; or
(3) The extension of a utility or other municipal facility.
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 parcels. 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.
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(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 recrea tional
travel including hiking, horseback riding, etc.
Utility accommodations (guidelines and procedures) means a county program maintained by the
public works department which includes:
(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. 17-04-314 , § 1, 4-24-2017)
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 imprisonment 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-3. - Title.
The title of these regulations shall be known as "the Subdivision Regulations of the City of Milton,
Georgia."
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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(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.
(6) To ensure equitable handling of all requests for the subdivision of l and by providing uniform
procedures and standards for the subdivider.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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. 17-04-314 , § 1, 4-24-2017)
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 o f
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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-44. - Preliminary plat required.
Any subdivider of land, except for land subdivided under the provisions of a minor plat, within the
incorporated city shall submit to the director of the community development department a preliminary plat
of the proposed subdivision conforming to all the requirements set forth in these regulations and any
other applicable county, state and federal regulations. The director of the community development
department shall approve or deny the preliminary plat based on the planning commission
recommendations in accordance with the process described in section 50 -91. Once the preliminary plat is
approved, a minor plat or final plat must be filed which conforms to all requirements set forth in these
regulations.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-45. - Unlawful to sell or transfer subdivided land without minor or final plat confirmation.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
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. 17-04-314 , § 1, 4-24-2017)
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. 17-04-314 , § 1, 4-24-2017)
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. 17-04-314 , § 1, 4-24-2017)
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. 17-04-314 , § 1, 4-24-2017)
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 only after the approval of the mayor and city council's confirmation.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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 foreclosure 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 necessit y for compliance with, these
regulations.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-51. - Model home regulations.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(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 improvements for a
cash surety equal to 125 percent of the cost for the remaining infrastructure improvem ents, 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.
(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. 17-04-314 , § 1, 4-24-2017)
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 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
feetone acre 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 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 that the development
would have no negative impact on traffic or drainage.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(8) Each lot created under the provisions of a minor plat shall not subsequently be resubdivided
pursuant to the provisions of a minor plat. However, if the resubdivision of land does not result
in any lot with an area less than 3 acres the Community Development Director may approve the
minor plat if it is deemed to be in the best interest of the city.
(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.
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 eas ements 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. 17-04-314 , § 1, 4-24-2017)
Secs. 50-72—50-90. - Reserved.
DIVISION 2. - PROCESS
Sec. 50-91. - Preliminary 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 f ederal regulations. If staff determines that an
application 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
preliminary plat, staff may reject the application entirely or request that the applicant submit a new
corrected preliminary plat.
(1) For preliminary plats, after staff determines that the application is complete, the community
development director shall forward the application to the planning commission for public
hearing, review, comment and recommendation.
(2) The planning comm ission shall conduct a public hearing and shall review the preliminary plat at
its next available regularly scheduled meeting and shall provide comments and make
recommendations regarding the plat to the community development director.
a. Notification of planning commission meeting.
1. 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 planning commission meeting. It will be the applicant's
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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responsibility to ensure the posting remains in a conspicuous location on site until
after the scheduled planning commission meeting.
2. The department shall give notice of the planning commission 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
planning commission meeting.
3. The mailed notices shall contain the time, place, and purpose of the planning
commission meeting, the location of the property, and description of the proposed
subdivision. The posted sign shall include all of the items required in the mailed notice
except the location of the property.
(3) Upon receipt of the comments and recommendations of the planning commission with respect
to the preliminary plat, the community development director shall implement the comments and
recommendations of the planning c ommission by either approving the preliminary plat, denying
the preliminary plat, or returning the preliminary plat to the applicant for revision consistent with
the comments and recommendations of the planning commission.
(b) Preliminary plat approval 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 preliminary plat
has received final plat approval, whichever is longer:
(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.
Accordingly, if the preliminary plat approval expires, a new application must be submitted and shal l
be subject to the regulations in effect at the time of such submission.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-92. - Land disturbance permit.
(a) Following preliminary 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 a uthorized 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 abandon ed 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.
(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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-93. - Final plat approval.
(a) Whenever the provisions of these rules and regulations have been complied with and while the
preliminary plat approval is in effect, the subdivider may submit to the community development
director an application for final plat review and approval purs uant 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 of a final plat, the following must be provided by the subdivider, or his or her
designee:
(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
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(6) Recorded deed to the city for any dedicated space.
(d) All final plat applications shall be reviewed by the community development department s taff 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 application 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 p lat 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 signed accordingly, the
community development director shall forward the application to the mayor and city council for
consideration and approval. 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 plator is inconsistent with any specific adopted plans or policies.
(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 different from the previously approved preliminary plat, inconsistent with
any specific adopted plans or policies, or inconsistent with the public health, safety and welfare.
(g) The final plat shall be considered approved upon the vote of approval by the mayor and ci ty council.
(h) After being approved by the mayor and city council, the city shall cause the final plat to be recorded
with the clerk of the superior court of Fulton County.
(i) Should the final plat application be denied, the basis for the denial shal l be stated in writing to the
applicant. The subdivider may file an appeal in accordance with section 50 -232.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-94. - Minor plat approval.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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(a) For a minor plat, after staff determines that the application is complete, the community development
director shall review the minor 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.
(1) Should the community development director not approve the minor plat, the basis for the denial
shall be stated in writing to the applicant. The subdivider may file an appeal in accordance with
section 50-233.
(b) After the review and approval by the community development director, a minor plat shall be placed
on the consent agenda of the mayor and city council meeting.
(c) After being confirmed by the mayor and city council, the city shall caus e the final plat to be recorded
with the clerk of the superior court of Fulton County.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Secs. 50-95—50-112. - Reserved.
ARTICLE IV. - GENERAL PRINCIPLES OF THE LAND
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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-114. - Access.
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(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 director 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.
(6) In subdivisions approved under the provisions of a minor plat and where the minimum lot size is
three acres or greater the lots may be served by a modified driveway designed to fire department
access standards. When such access is provided the final plat shall clearly indicate the necessary
access easements. The access easements shall be privately maintained.
(b) When land is subdivided, the created parcels shall be arranged and designed so as to allow 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 corrido rs, 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-115. - Conformance to city comprehensive plan.
(a) All proposed subdivisions shall conform to the city comprehensive 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.
(c) Whenever the plat proposes the dedication of land for public use and the director o r 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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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(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 issuanc e 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 erodib le 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. 17-04-314 , § 1, 4-24-2017)
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 co des, 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 city stormwater design manual.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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. 17-04-314 , § 1, 4-24-2017)
Secs. 50-118—50-136. - Reserved.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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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. 17-04-314 , § 1, 4-24-2017)
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:
Street Type New Road
Grade
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(maximum)
Collector 8%
Major subdivision street 12%
Minor subdivision street 14%
Modified Driveway (detached, single family) 10%
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 difference
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, expressed 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 t he
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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d. Intersection visibility requirements.
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 roadway, 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
three and one-half 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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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1. Roadways and their intersections shall be designed such that proper stopping sight
distance is maintained.
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 three and one-half 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 intersections 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 subdivision 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-158. - Blocks.
(a) The lengths, widths, and shapes of blocks shall be determined with due regard to:
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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(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;
(3) Needs for convenient access, circulation, control and safety of street 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 conditions or size of the
property. The director may require or approve a single tier of lots of minimum depth.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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 p rohibited 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 stree t contained within
the proposed subdivision. A connection through an approved private drive 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. 17-04-314 , § 1, 4-24-2017)
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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b. Pavement width: 40-foot radius to back of the curb.
(4) Sidewalks. In accordance with section 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:
(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 section 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. For modified driveways the design standards shall comply
with the standards set forth herein, Appendix D-Fire Apparatus Roads of the International Fire Code
(latest edition) or as may be approved by City of Milton Fire Marshal.
(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 exceed 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. 17-04-314 , § 1, 4-24-2017)
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 c ul-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 traf fic conditions, interconnectivity needs, and when not
in compliance with adopted guidelines.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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Secs. 50-162—50-180. - Reserved.
ARTICLE VII. - REQUIRED IMPROVEMENTS
Sec. 50-181. - Utility improvements required by this article.
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. 17-04-314 , § 1, 4-24-2017)
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 VI.
(2) Street pavement shall be installed according to standards adopted by the mayor and city
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 in ches
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 located 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.
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(3) Curbs and gutters may be waived by the director if the sidewalk along the same portion of the
roadway is set back a minimum of 12 feet from the edge of pavement and drain age 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.
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 ar eas; 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 active parks.
(i) Sidewalks shall be required in subdivisions located within one-half mile of an
existing or proposed school on both sides of any street that provides access to
such school. Minor plats may be exempted from the requirement to provide
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
sidewalks internal to the subdivision. 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-half mile along both
sides of streets leading to or going through shopping areas.
5. Proximity of parks, libraries, bike paths/pedestrian trails, greenspace corridors, 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 commerci al, living-
working, and business park land use designation areas.
(ii) Sidewalks may be required in industrial subdivisions.
(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
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 location
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 preliminary
plat.
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 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 are
not required by this chapter and at no cost to the city, the director of community development
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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 mains 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, eac h lot in a subdivision shall be furnished with a
water supply system approved by the health department.
(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 Fulton 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. Automatic flushing valves may be
required by Fulton County.
(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. 17-04-314 , § 1, 4-24-2017)
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 su bdivision. 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 public 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 asid e 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 oper ation of the plant.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(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 r ules 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.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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 countycomply
with the stormwater management ordinance.
(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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
(5) In order to ensure full compliance with the approved construction plans, final plat approval 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 device s,
shall be the responsibility of the owner. If any control devices are damaged or destroyed
during grading or construction, all processes shall cease until such devices are restored to
their functioning capability. The owner, through application for gradi ng 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, a nd 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-feetfoot-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. Twenty-foot graded access easement;
b. Twenty-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. T he
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
e. The applicant should consider the use of plant materials that naturally grow in the ar ea.
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)
"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 placed 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 te rminating
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. 17-04-314 , § 1, 4-24-2017)
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
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
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 city without an "as -built" drawing showing the horizontal
and vertical alignment of the sewer system; the 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 execu ted 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 owner's responsibility. Maintenance
responsibility shall constitute an obligation running with the land and shall be binding upon the
owner's executors, administrators, heirs, 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 hydrology 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. 17-04-314 , § 1, 4-24-2017)
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 departme nt.
(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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
( Ord. No. 17-04-314 , § 1, 4-24-2017)
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 distu rbance 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 installed, may be supplied
with electric and telephone service from those overhead lines, but the service connections from the
utilities' overhead lines shall be installed underground. 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 sh all be under ground.
(c) Contractors or developers of subdivisions shall:
(1) Submit drawings of the subdivision layout showing locations of underground electrical cable,
transformers, and other related fixtures, in accordance with the standard plans. These drawings
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 ,
except land subdivided under the provisions of a minor plat . 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 disturba nce
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 r equirements
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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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 residents 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 residential 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 t heir 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, the
City of Milton shall:
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 i n the
subdivision have been occupied.
b. Pay only the current monthly negotiated amount for electrical energy for each streetlight.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Secs. 50-189—50-207. - Reserved.
ARTICLE VIII. - FEES
Sec. 50-208. - Required with submission of application.
Every application for a preliminary 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-209. - Fees associated with preliminary plat.
Following the approval of a preliminary 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-210. - Bond costs associated with final plat approval.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
on May 23, 2018
Prior to approval of a final plat and as a prerequisite for acceptance of any such fin al 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. 17-04-314 , § 1, 4-24-2017)
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 community
development.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-231. - Denial; appeal procedure for preliminary plat.
Should the director deny a preliminary plat, a written explanation shall be provided to the subdivider
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 mayor and city council for
consideration pursuant to article 22 of chapter 64.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-232. - Denial; appeal procedure for final plat.
Should the director or city council deny any final plat, a written explanation shall be provided s tating
the basis for the denial. The owner of record or the subdivider may file a writ of certiorari filed with the
Superior Court of Fulton County within 30 days of the date of the mayor and city council's decision.
( Ord. No. 17-04-314 , § 1, 4-24-2017)
Sec. 50-233. - Denial; appeal for directors review comments or minor plat.
(a) Should an applicant disagree with the director's review comments with res pect to or denial of a
minor plat, 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 t he
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.
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Text Amendment to Chapter 50 as it relates to large lots prepared for the Planning Commission Meeting
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(4) Should the director, after review of the applicant's statement and the recommendation of the
technical staff review committee, conclude that these provisions 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 applicant 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. 17-04-314 , § 1, 4-24-2017)
Sec. 50-234. - Appeal hearing; variance to design standards (article VI) and required improvements
(article VII).
The of board of zoning appeals may issue a variance to the provisions of articles VI and VII of this
chapter in accordance with the procedures for primary variances described in chapter 64. The board of
zoning appeals shall base its decision on hardships as described in chapter 64.
( Ord. No. 17-04-314 , § 1, 4-24-2017)