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HomeMy WebLinkAboutAgenda Packet - PC - 04/28/2021 PLANNING COMMISSION AGENDA City Council Chambers 2006 Heritage Walk Wednesday, April 28, 2021 6:00 pm 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes a) March 24, 2021 Planning Commission Meeting 5. Rezonings/Use Permits a) RZ21-07 -14140 Freemanville Road by Vio Hodis to rezone from AG-1 to CUP (Community Unit Plan) on 9.079 acres to develop a six (6) lot single family residential subdivision. b) U21-01/VC21-03 - 2105 Bethany Way (containing multiple parcels for a total of 18.07 acres by The PFAJ Revocable Trust dated 2/17/2019 to request a Use Permit for “Agricultural Related Activities”, Sec. 64-1797 and a two-part concurrent variance: 1) To allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797(d)) 2) To allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797(e)) Join Zoom Meeting https://zoom.us/j/93186794888 Meeting ID: 931 8679 4888 One tap mobile +19292056099,,93186794888# US (New York) Page 2 of 2 c) U21-02 – 2105 Bethany Way (containing multiple parcels for a total of 18.07 acres by The PFAJ Revocable Trust dated 2/17/2019 to request a Use Permit for Rural Event Facility, Sec. 64-1842 d) U21-03/VC21-04 – 2105 Bethany Way (containing multiple parcels for a total of 18.07 acres by the PFAJ Revocable Trust dated 2/17/2019 to request a Use Permit for Festivals or Events, Indoor/Outdoor, Sec. 64-1812 and the following 7-part concurrent variance 1) To delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings (Sec 64-1812(b)(2)) 2) To allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings (Sec 64-1812(b)(4)) 3) To eliminate the three-year period from the date of the city council’s approval (Sec 64-1812(b)(6)) 4) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road (Sec 64-1142(a)(1)) 5) To reduce or eliminate the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan (Sec. 64-1142(a)(3)b.) 6) To eliminate sidewalks along Bethany Way and Hopewell Road (Sec. 64-1142(e)) 7) To allow for a lighting plan without light pole installation (Sec. 64-1142 (f)) 6. Text Amendments a) RZ21-05 - Sec. 64-Article XIX Crabapple Form Based Code, 6-1 Definitions, Table 9 (As it relates to breweries/distilleries b) RZ21-06 - Sec. 64-Article XX Deerfield Form Based Code, 6-1 Definitions, Table 10 (As it relates to breweries/distilleries) 7. Adjourn Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 1 of 17 RZ21-07 PETITION NUMBER RZ21-07 PROPERTY INFORMATION ADDRESS 14140 Freemanville Road DISTRICT, LAND LOT 2/2 771 OVERLAY DISTRICT Rural Milton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING CUP (Community Unit Plan) ACRES 9.079 EXISTING USE One Single Family Residence PROPOSED USE Five Single Family Residential Units for a total of Six Units PETITIONER Vio Hodis, represented by Rhonda Ledbetter – Engineering 303 ADDRESS 108 Allen St, Cumming, GA 30040 OWNER Marty Lock ADDRESS 14140 Freemanville Road Milton, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION – APRIL 28, 2021 RZ21–07 - DENIAL INTENT To rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) on 9.079 acres to develop a six (6) lot single family residential subdivision (minimum 1 acre lots). Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 2 of 17 RZ21-07 LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 3 of 17 RZ21-07 CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 4 of 17 RZ21-07 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 5 of 17 RZ21-07 SITE PLAN SUBMITTED ON JANUARY 28, 2021 SUBJECT SITE AND BACKGROUND: The subject site contains one existing single-family residence. The site is located within the “Agricultural, Equestrian, and Estate Residential” designation of the 2035 City of Milton Comprehensive Plan Map. The applicant is requesting to rezone to CUP (Community Unit Plan) to build 5 additional single-family residences and keep the existing single-family residence for a total of six single family residences at an overall density of .66 units per acre. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on January 25, 2021, Staff offers the following considerations: Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 6 of 17 RZ21-07 DEVELOPMENT STANDARDS – SEC. 64-897 - CUP (Community Unit Plan) Development Standards Proposed Development No building shall exceed 40 feet in height 40 feet (See height discussion below under Rural Milton Overlay District) Minimum lot area as specified in conditions The minimum lot size shown is one (1) acre Minimum CUP development size shall be ten acres The CUP development size is 9.079 acres Maximum density allowed is 5 units per gross acre The density of the subject site is .66 units per acre Minimum lot width (at building line) per conditions 100 feet Minimum CUP development frontage shall be 35 feet 250 feet Minimum lot frontage shall be 20 feet adjoining a street 35 feet minimum Minimum heated floor area as specified in conditions 2,400 square feet Minimum perimeter setback as specified 50 feet The following are proposed building setbacks for individual lots (CUP allows for applicant to specify building setbacks): a) Front yard setback – 20 feet b) Side yard setback – 10 feet c) Side yard setback adjacent to a street – 20 feet d) Rear yard- 35 feet Rural Viewshed Pursuant to Sec. 64-897 (p), a rural viewshed is required for subdivisions containing more than three lots. The site plan submitted shows the required primary (40 foot) and secondary (20 foot) rural viewsheds. Staff notes that to install the new road, considerable grading within the entire depth of the viewshed on the southwest side of the new road is shown. No disturbance within the 40-foot primary and 20-foot secondary rural viewshed setback shall be Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 7 of 17 RZ21-07 allowed until a design review process is completed and the design of the rural viewshed is approved by the design committee. Development Plan Pursuant to Sec. 64-696 (g) requires that a request for a CUP (Community Unit Plan) that is not served by sanitary sewer shall provide a site plan to determine the maximum number of lots on the subject site as follows: The number of lots in a CUP development shall not exceed the number of lots that can be reasonably created within an AG-1 zoned development at the same site location. The following items shall be submitted to determine the lot yield for the subject property: (1) Indicate all bodies of water and the appropriate buffers; (2) Provide a level 3 soil analysis; (3) Provide a tree survey indicating specimen and heritage trees; (4) Indicate the configuration of lots and associated minimum building setbacks; and (5) Show approximate location of house footprint on each lot. Although the submitted plans meet the above requirements, neither versions of the development CUP or AG-1, comply with all the development requirements for the site. Below is the submitted AG-1 site plan for the site. The applicant has also provided a tree survey of the site. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 8 of 17 RZ21-07 OTHER SITE PLAN CONSIDERATIONS Landscape Strips and Buffers The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec. 64-237 (g) of the Zoning Ordinance which states “Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers”. Tree Canopy Ordinance Pursuant to Sec. 60-54, if this application is approved for CUP (Community Unit Plan), a minimum of 57% tree canopy coverage is required for the subdivision and individual lots. The applicant will be required to submit the appropriate tree canopy plan at the time of development permits. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 9 of 17 RZ21-07 Steep Slopes – Sec. 64-2404 The City of Milton adopted a steep slopes ordinance in March of 2017 that applies to any development proposal for property with a natural slope of 33 percent or more with a minimum of 5,000 square feet or more of contiguous area. If a lot exceeds the 33 percent, then they are required to be a minimum of 1.5 acres in size. The submitted site plan indicates only one lot that has a natural slope (before grading) that exceeds 33 percent grade which is on lot #1. This lot is 1.73 acres in size which meets the ordinance. Staff notes that there are other areas on the site that after grading exceeds 33 percent but do not require a larger lot size. In general, although the site has some topographic challenges, it complies with the Steep Slope ordinance. Rural Milton Overlay District Below are requirements for the single-family type uses within the Overlay District. Stormwater Sec. 64-1141(b) Stormwater management facilities. (1) All facilities shall be in compliance with the Stormwater Management Manual (chapter 20, article IV of the City Code). (2) All facilities shall be designed to create a natural look. (3) Stormwater better site designs and nonstructural stormwater management practices shall be required unless allowed by the director of public works. (4) All detention facilities shall have a minimum ten-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and/or required access area. (5) Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. (6) The creation of shared stormwater management facilities are encouraged. The proposed stormwater management facility is in the least conspicuous area of the site and provides sufficient area around it for the ten-foot-wide landscape strip. The actual stormwater facility does not create a natural look as it utilizes a freestanding concrete retaining wall on three sides, which range in height from zero to six feet, to impound stormwater and therefore does not meet the requirements of the Rural Milton Overlay. Building Height (c) Height. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 10 of 17 RZ21-07 (1) There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (2) Notwithstanding the height limit in subparagraph (1) above, the maximum height may be increased in an amount based on the calculations shown as examples in Table 1; however, in no event shall the height be increased more than eight feet pursuant to this subsection (2). Although the application states that the height will not exceed 40 feet in height per the AG-1 (Agricultural) district, the above requirement supersedes the 40- foot maximum. All new structures will be required to meet the Rural Milton Overlay requirement for height. Environmental Site Analysis The applicant has submitted the required ESA and states that there are no wetlands, floodplain, no endangered wildlife species, or archaeological/historical sites. There is a stream and stream buffer as indicated on the site plan as well as slopes exceeding 25 percent and specimen trees. Staff has discussed the City of Milton’s Steep Slope Ordinance above within Other Site Plan Considerations. Fire Marshal -26’ BC/BC for step-curbing. 24’ BC/BC for rollback curbing. -Cul-de-sac 48’ BC radius minimum. -Show mail kiosk with one accessible space. -Show hydrant locations in accordance with appendices B and C of the IFC. -Flow test required at LDP. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 11 of 17 RZ21-07 Fulton County Board of Education PUBLIC INVOLVEMENT On March 23, 2021 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall which was held in person and via Zoom. There were four people in attendance in person for the meeting and three via Zoom. Public Comments were the following: • Do not support development of subdivision but support large lots and horse farms. • Too much traffic already in this area and will need another roundabout. • Want to preserve the AG-1 zoning district. PUBLIC PARTICIPATION REPORT The applicant held their Public Participation meeting on Wednesday, April 15, 2021 between 6:30 pm and 7:30 pm at the Broadwell Pavilion and via Zoom. There was one resident in attendance that voiced her opposition to the Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 12 of 17 RZ21-07 proposed development and development in general. There was no one in attendance via Zoom. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 13, 2021 Comments: • The DRB stated that they were not in support of the requested CUP and would recommend that it be denied since it would set a precedence for other properties to request a rezoning for a CUP. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 6 lot single family residential subdivision developed at a density of .66 units per acre is inconsistent with adjacent and nearby properties that are zoned AG-1 (Agricultural) with larger estate lots or small farms located to the southeast, south, west, and north of the subject site. In addition, the use of a concrete retaining wall on three sides of the facility at the back of the parcel that is an integral part of the stormwater maintenance facility will have a negative impact on adjoining properties to the north. Existing uses and zoning of nearby property Location Zoning Petition Zoning / Name Approved Density North AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Northeast AG-1 (Agricultural) Chris Gray Minor Plat 1 unit per acre East AG-1 (Agricultural) Reddstone S/D 1 unit per acre South/ Southwest AG-1 (Agricultural) Large parcels ranging from 3 to 5 acres in size Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 13 of 17 RZ21-07 West AG-1 (Agricultural) Sycamore Farms Large parcels ranging from 7 to 20 acres 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will adversely affect existing use or usability of the adjacent property to the north because of the concrete retaining wall that is part of the stormwater maintenance facility that is being proposed. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. The estimated number of new students for the proposed rezoning which will have an impact on the Birmingham Falls Elementary, Northwestern Middle School, and Milton High School is minimal. The subdivision will have a minimal impact on existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? 2035 City of Milton Comprehensive Future Land Use Plan: Agricultural, Equestrian, Estate Residential (AEE) The site is located within the Central Milton Character Area and the CUP (Community Unit Plan) zoning district is not a compatible zoning district for the Agricultural, Equestrian, Estate Residential future land use designation. The AEE future land use consists of scattered single-family homes, each one at least one acre, but are typically on several acres. This land use Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 14 of 17 RZ21-07 promotes hobby farms, equestrian facilities, and large lot residential estates including minimum 3 acre lots on gravel roads. Proposed use/density: Single Family Residential at .66 units per acre Central Milton includes areas that are typical of the city’s distinct rural- residential land use pattern. Equestrian estates co-exist with low density residential land uses. Newer developments with private recreational amenities have integrated with older, established open road neighborhoods. New development should match the typical densities found within this area and should minimize undesirable impacts on surrounding rural/agricultural uses. Significant site features, such as view sheds and environmentally sensitive areas, should be enlisted as amenities that shape identity and character of new development within this character area. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? The proposed subdivision includes concrete retaining walls that are part of the stormwater maintenance facility as well as significant grading within the rural viewshed are grounds for disapproval of the proposed rezoning from AG-1(Agricultural) to CUP (Community Unit Plan) with six single family residences. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed rezoning for six single family residences will be environmentally adverse to the natural resources, environment and citizens of the City based on the difficult topography, proposed walled stormwater maintenance facility and grading within the rural viewshed to construct the new road. CONCLUSION Since the proposed CUP (Community Unit Plan) is not consistent with the 2035 Future Land Use Plan Map and the Rural Milton Overlay District requirement for stormwater facility, Staff recommends DENIAL of RZ21-07 to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan). Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 15 of 17 RZ21-07 If the Mayor and City Council chooses to approve RZ21-07 a set of recommended conditions are included below. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 16 of 17 RZ21-07 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Freemanville Road should be approved for CUP (Community Unit Plan) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Single family detached dwellings and accessory uses and structures. b) No more than 5 total dwelling units at a maximum density of .55 unit per acre, whichever is less, based on the total acreage zoned. Approved lot/units totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/units yield of the subject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the revised site plan received by the Community Development Department on February 25, 2021 whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project 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. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021 4/23/2021 Page 17 of 17 RZ21-07 shall be maintained by a mandatory homeowner’s association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. 3) To the owner’s agreement to the following site development considerations: a) Minimum lot size – 43,560 square feet (1 acre) b) Minimum lot width (at building line) – 100 feet c) Minimum lot frontage – 35 feet d) Minimum heated floor area per units – 2,400 square feet f) Minimum front yard setback – 20 feet g) Minimum side yard setback – 10 feet h) Minimum side yard setback adjacent to a street – 20 feet i) Minimum rear yard- 35 feet j) Minimum perimeter setback – 50 feet 4) To the owner’s agreement to abide by the following: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) The entire site will be required to comply with the City of Milton Stormwater Ordinance, Chapter 20 of the City Code. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 1 of 19 U21-01/VC21-03 Agricultural Related PETITION NUMBERS: U21-01/VC21-03 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Agricultural Related Activities, ACRES 18.07 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USE Agricultural Related Activities OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith, Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 28, 2021 U21-01 – APPROVAL CONDITIONAL VC21-03, PARTS 1 AND 2 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 2 of 19 U21-01/VC21-03 Agricultural Related LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 3 of 19 U21-01/VC21-03 Agricultural Related EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 4 of 19 U21-01/VC21-03 Agricultural Related 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 5 of 19 U21-01/VC21-03 Agricultural Related SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 6 of 19 U21-01/VC21-03 Agricultural Related SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 17.82 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND AND REQUESTS Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel three times total in November and December 2020. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 7 of 19 U21-01/VC21-03 Agricultural Related The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. As stated in the applicant’s letter of intent “These applications are being filed submitted in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the Property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests, or defenses with respect to prior, ongoing, or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances. “ On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Rural Event Facility. These will be discussed below within each appropriate topic. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on February 25, 2021and revised set of proposed conditions/uses submitted on April 21, 2021, Staff offers the following considerations: U21-01/VC21-03 - Agricultural-related activities (Sec. 64-1797) It is the intent of this division to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicking, and pay fishing. Required Standards Meets the Standard (1) Required districts. AG-1 Yes (2) Standards. a. Minimum lot size shall be five acres. Yes b. Permitted curb cut access shall not be from local streets. Yes c. Food services may be provided. Yes d. A minimum of 100-foot setback is required from all property lines for activity areas, including parking No/see concurrent variance below e. All structures housing animals shall be set back a minimum of 100 feet from all property lines. No/see concurrent variance below f. All parking and access areas must be of an all-weather surface. Yes Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 8 of 19 U21-01/VC21-03 Agricultural Related g. 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 residential districts or AG-1 districts used for single-family dwellings. Yes h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. Yes i. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O-I district as specified in article III of this zoning ordinance shall be required. Yes j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. Yes Part 1 - 64-1797 (2)(d): Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback. The site plan indicates existing driveways, barns, portions of horse arenas and small fenced in areas primarily along the eastern portion of the site that are associated with equestrian uses. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Since these structures and activity areas already exist and are primarily associated with the equestrian use of the property 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 existing equestrian uses on the property. Staff notes that the proposed parking should be located outside of the 100-foot activity setback. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. As mentioned above, the equestrian related structures and uses currently exist and have been used on the property and would not cause a substantial detriment to the public good and surrounding properties as there are similar uses nearby. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 9 of 19 U21-01/VC21-03 Agricultural Related (4) That the public safety, health and welfare are secured, and that substantial justice is done. The location of the primary activity areas for the requested use permit are outside of the 100-foot setback. In addition, there is existing vegetation on the property to help ameliorate the proposed use from adjacent and nearby properties and therefore the public safety, health and welfare are secured. Therefore, Staff recommends Approval Conditional of Part 1 of VC21-03 to allow the existing structures and activity areas to remain as shown on the site plan received by the Community Development Department on February 25, 2021 except for any proposed new parking spaces. Part 2 - Sec. 64-1797 (e) - All structures housing animals shall be set back a minimum of 100 feet from all property lines. The site plan indicates structures housing animals on the site plan. They are small in size and located within the eastern portion of the property. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Since these structures housing animals are small in size, already exist and are associated with the equestrian use of the property 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. Since these structures housing animals already exist and are small in size and are an integral part of the business of providing equestrian activities for the community, this is an extraordinary and exceptional condition not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. As mentioned above, the structures housing animals currently exist and have been used on the property and would not cause a substantial detriment to the public good and surrounding properties as there are similar uses nearby. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 10 of 19 U21-01/VC21-03 Agricultural Related The structures are small in size and in some instances, there is existing vegetation to screen them from adjacent property owners to help ameliorate the existing structures from adjacent and nearby properties and therefore the public safety, health and welfare are secured. Therefore, Staff recommends Approval Conditional of Part 2 of VC21-03 to allow the existing structures housing animals to remain as shown on the site plan received by the Community Development Department on February 25, 2021 Rural Milton Overlay District The proposed site plan as shown meets the requirements of the Rural Milton Overlay District for Agricultural type uses pursuant to Sec. 64-1144. The applicant submitted a revised set of proposed conditions/uses for the Agricultural Related Activities on April 21, 2021 as outlined below: Uses: *Summer and other school children school break camps * Birthday parties *Agricultural/Farm/Equine-based Educational Events (boy / girl scouts or other community or church organized events) * Art-related Events (painting classes) *Limited farm animal petting (primarily associated with other events) no more than once per week for a limit of three (3) hours (the ‘barnyard experience’) * Events not expressly ancillary to single family residence, farm winery or equestrian permitted uses, but tied to agriculture Prohibited: *No Exotic Animals *No Kennel *No overnight camps or events Hours of Operation: *8:00 a.m. to 9:00 p.m. (reduction from § 64-1797 6:00 a.m. to 10:00 p.m.) Capacity Limitation: *Maximum attendees for a single event not to exceed 100 people *Children Camp/Birthday Party/Educational Event: maximum 35 children per event *Note: Section 64-1797 (g) provides maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. This will be met. Similarly, sanitary facilities and trash receptacles shall be located at least 100 feet from any property line as required by Section 64-1797(j). City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 11 of 19 U21-01/VC21-03 Agricultural Related parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted tree survey but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 12 of 19 U21-01/VC21-03 Agricultural Related Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. 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 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 13 of 19 U21-01/VC21-03 Agricultural Related 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) land use category on the City of Milton 2035 Comprehensive Plan Map contained in the City of Milton Comprehensive Plan Update 2016. The proposed use permit for a Rural Event Facility is permitted in the AG-1 (Agricultural). 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 appropriately 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 sense of place. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Indoor/Outdoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses and zoning, it is Staff’s opinion that the proposed Rural Event Facility is compatible with surrounding land uses if approved with the Recommended Conditions. The applicant has included a list of uses that they agree that shall not occur on the property which include, exotic animals, kennels or no overnight camps or events. These will be included in the Recommended Conditions. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 14 of 19 U21-01/VC21-03 Agricultural Related 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if approved with the recommended conditions and development requirements. 4. 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 variety of activities spread throughout the day and will not to exceed 100 attendees each and children camp/birthday party/educational event shall not exceed a maximum of 35 children per event. In addition, this use should not be allowed during an event permit allowed under the Rural Event Facility or Festivals, Indoor/Outdoor Use Permits. This would cause a burden on the adjacent and nearby streets. 5. The location and number of off-street parking spaces: The locations of the off-street parking are scattered around the approximately 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which portions of these spaces are located within the required 100-foot setback for activity areas which includes parking. It appears that there is sufficient room to relocate the spaces that are within this 100-foot setback as required in Sec. 64-1797 (2)d. Staff notes that the Agricultural Related Activities use permit does not have a specific off-street parking requirement, but Staff will use the same requirement as a Rural Event Facility use permit which requires one space per 2.5 attendees. The applicant has indicated that the maximum number will be 100 and therefore, 40 parking spaces will be required. In addition, there are two other use permits being considered as well as the existing winery which may require that parking be provided for these other uses concurrently. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 15 of 19 U21-01/VC21-03 Agricultural Related 6. The amount and location of open space: The proposed site provides adequate open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75-foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces. 7. Protective screening: It is Staff’s opinion that existing vegetation that is located on the property and in most places located along or near its exterior property lines, is sufficient to provide screening for the proposed 100 person, four times a week Rural Event Facility. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Sunday through Saturday: 8:00 a.m. to 9:00 p.m. Although these times are less than the allowed per the standards of the use permit, Staff will recommend that a further reduction in hours of operation occur on Sundays, which should be 10:00 a.m. to 7:00 p.m. on Sundays. This will be reflected in the Recommended Conditions. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are two existing curb cuts on the property along Bethany Way. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Rod and Bethany Bend. The number and location of the entrances/exists will be sufficient for the use unless otherwise shown through a traffic study required by the Public Works Director. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 16 of 19 U21-01/VC21-03 Agricultural Related CONCLUSION If approved with the Recommended Conditions, the proposed rural event facility is consistent with the City of Milton Comprehensive Plan Update 2016 and Objectives. In addition, it is Staff’s opinion that the proposed use provides a way to help preserve the large lots within the City and contribute to the overall rural character if approved with the recommended conditions. Therefore, Staff recommends that U21-02 be APPROVED CONDITIONAL. In addition, Staff recommends that VC21-03, Parts 1 and 2 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 17 of 19 U21-01/VC21-03 Agricultural Related Roundabout at Bethany Bend and Hopewell Road Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 18 of 19 U21-01/VC21-03 Agricultural Related RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for an Agricultural Related Activities (Sec 64-1797) 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) Agricultural Related Activities excluding Exotic Animals, Kennels, and overnight camps or events on 18.06 acres. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Monday through Saturday, 8:00 a.m. to 9:00 p.m. ii Sunday, 10:00 a.m. to 7:00 p.m. b) There shall be no more than 100 attendees for any single event and up to 35 children for camps, birthday parties, educational events. c) Limited farm animal petting (primarily associated with other events) no more than once per week for a limit of three (3) hours (the ‘barnyard experience’) d) Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 19 of 19 U21-01/VC21-03 Agricultural Related 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 located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line. c) Allow the existing parking areas, wood pavilion, horse arenas, and driveways within the 100-foot activity setback (Sec. 64-1797 (d)) d) Allow the structures housing animals to be located within 100 feet of a property line (Sec. 64-1797 (e)). 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 Bethany Way or Hopewell 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) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Page is too large to OCR. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 1 of 18 U21-02 – Rural Event Facility PETITION NUMBERS: U21-02 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Rural Event ACRES 18.07 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USE Rural event facility OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 INTENT To request a Rural Event Facility on 18.07 acres. (Sec 64-1842) COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 28, 2021 U21-02 – APPROVAL CONDITIONAL Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 2 of 18 U21-02 – Rural Event Facility LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 3 of 18 U21-02 – Rural Event Facility EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 4 of 18 U21-02 – Rural Event Facility 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 5 of 18 U21-02 – Rural Event Facility SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 6 of 18 U21-02 – Rural Event Facility SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 17.82 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel multiple times during late 2020. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 7 of 18 U21-02 – Rural Event Facility The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. The City did not agree with the applicant’s conclusion and asked them to apply for the appropriate use permits that would potentially bring them in compliance if ultimately approved by the Mayor and City Council. As stated in the applicant’s letter of intent “These applications are being filed in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests or defenses with respect to prior, ongoing, or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances.” On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Rural Event Facility. These will be discussed below within each appropriate topic. Site Plan Considerations Based on the site plan received on February 25, 2021 and revised proposed conditions and uses chart received on April 21, 2021 Staff offers the following site plan considerations. U21-02 – Rural Event Facility (Sec. 64-1842) Rural 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 pastoral locale. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties, and family gatherings/reunions. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 8 of 18 U21-02 – Rural Event Facility Required Standards Meets the Standard (a) Required districts. AG-1, R-1, R-2, and R-2A Yes (b) Standards. 1. Minimum lot size shall be five acres. Yes 2. Permitted curb cut access shall not be from local streets. Yes 3. Parking. a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the department of public works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. Yes 4. Noise levels measured at the property line shall be in accordance with chapter 20, article VII, division 2 of the City Code. Yes 5. Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. Yes 6. The maximum number of attendees and hours of operation will be evaluated by the mayor and city council on a case-by-case basis for each site to protect the public's health, safety and welfare. Yes 7. Tents used for any event may be set up no more than 24 hours in advance and must be taken down within 24 hours after such event. Yes 8. Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated, and determined by mayor and city council on a case-by-case basis for each site. Yes 9. The design of newly constructed structures is to be consistent with the "building and other structure design (subsection 64-1142(f)) of the Rural Milton Overlay Zoning District. Yes The above development requirements are addressed within the Use Permit Considerations below with the exception of 4. Noise and 6. Number of Attendees. The applicant’s revised proposed conditions state the following regarding noise: Live music to end no later than 10:00 p.m. Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. The City’s requirement for Noise is the noise control ordinance in Chapter 20 of the City Code. Regarding this situation, the following regulations apply: This is based on the definition of commercial establishments that would consider the Rural Event Facility as a commercial establishment. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 9 of 18 U21-02 – Rural Event Facility Sec. 20-661 .1. - Outdoor amplification and music at commercial establishments. (a) It shall be unlawful for any commercial establishment (including but not limited to a restaurant, bar, or nightclub) to operate or allow the operation of sound amplification equipment out of doors or directed out of doors or to allow live acoustic music out of doors or directed out of doors other than during the times listed below or so as to create sounds registering in excess of: (1) 85 dB(A) Sunday through Thursday between 8:00 a.m. and 9:00 p.m. (2) 60 dB(A) Sunday through Thursday between 9:00 p.m. and 2:00 a.m. the following day; (3) 85 dB(A) Friday or Saturday between 8:00 a.m. and 11:00 p.m.; or (4) 60 dB(A) between 11:00 p.m. and 2:00 a.m. the following day. For purposes of this section, hotels, motels, other short-term accommodations shall be considered residentially occupied property. (b)The decibel limits prescribed in this section shall be measured at the property line of the commercial property at which the sound is being generated. Although the proposed noise levels are below the maximum permitted, Staff recommends that the applicant’s submitted noise levels be included in the recommended conditions. In regard to the number of attendees, the applicant has proposed to have a maximum of 100. It is Staff’s opinion that if this permit is approved with a maximum of 100 attendees, it would be an appropriate number based on the size of the property and frequency of events and will be included in the recommended conditions. The applicant submitted a revised set of proposed conditions/uses for the Rural Event Facility on April 21, 2021 as outlined below: Uses: Events not primarily associated with the agricultural operations, farm, equestrian or farm winery use of the property including, for example, weddings, corporate events (holiday parties, picnics, team building); yoga or other exercise / physical activity events; book clubs Restrictions on Uses *substantial compliance with site plan *substantial compliance with events traffic management (parking and circulation plan to be provided) Months, Days and Hours of Operation: *Sunday through Thursday, 9:00 a.m. to 10:00 p.m. *Friday through Saturday, 9:00 a.m. to 11:00 p.m. *Facility to be closed at 11:00 p.m. *No more than four (4) events per week Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 10 of 18 U21-02 – Rural Event Facility Noise: *Live music to end no later than 10:00 p.m. *Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines [being reviewed to reduce] Alcohol: *Alcohol service shall cease 15 minutes before music or event ending. Police: *For any single event over 75 people, at least one off-duty police officer Capacity Limitations: *Attendees not to exceed 100 for any single event. Site Development Considerations: (a) provide adequate temporary bathroom facilities, including handicap accessible facilities outside of any required setbacks and in an inconspicuous area not visible from Bethany Way or Hopewell Road (b) no lighting except in accordance with night sky ordinance and as required for life/safety (c) if, at such time as the Director of Public Works determines that traffic generated by the property consistently adversely impacts the Hopewell Road / Bethany Way rights of way, he/she may require owner to conduct a traffic study to determine if any additional improvements are appropriate at no additional cost to the city. (d) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 11 of 18 U21-02 – Rural Event Facility -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Rural Milton Overlay District The proposed site plan as shown meets the requirements of the Rural Milton Overlay District for Agricultural type uses pursuant to Sec. 64-1144. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 12 of 18 U21-02 – Rural Event Facility • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. 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) land use category on the City of Milton 2035 Comprehensive Plan Map contained in the City of Milton Comprehensive Plan Update 2016. The proposed use permit for a Rural Event Facility is permitted in the AG-1 (Agricultural). In addition, the following Plan Objectives are consistent with the proposed use: Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 13 of 18 U21-02 – Rural Event Facility o We will encourage the preservation of natural resource areas and preserve contiguous green open spaces development of land in 2appropriately 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 sense of place. 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Indoor/Outdoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses and zoning, it is Staff’s opinion that the proposed Rural Event Facility is compatible with surrounding land uses if approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if approved with the recommended conditions and development requirements. 4. 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 of a maximum of four events not to exceed 100 attendees each. In addition, this use should not be allowed during an event permit allowed under the Agricultural Related Activities or Festivals, Indoor/Outdoor Use Permits. This would cause a burden on the adjacent and nearby streets. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 14 of 18 U21-02 – Rural Event Facility 5. The location and number of off-street parking spaces: The locations of the off-street parking are scattered around the approximately 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which portions of these spaces already exist and are located within the required 100-foot setback for parking. It appears that there is sufficient room to relocate the existing spaces that are within this 100-foot setback as well as relocate the proposed spaces outside of the 100-foot setback as required in Sec. 64-1842 (b)5. Staff notes that the Rural Event Facility use permit requires one space per 2.5 attendees. The applicant has indicated that the maximum number will be 100 and therefore, 40 parking spaces will be required. In addition, there are two other use permits being considered as well as the existing winery which may require that parking be provided for these other uses concurrently. 6. The amount and location of open space: The proposed site provides adequate open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75-foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces. 7. Protective screening: It is Staff’s opinion that existing vegetation that is located on the property and in most places located along or near its exterior property lines, is sufficient to provide screening for the proposed 100 person, four times a week Rural Event Facility. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Sunday through Thursday, 9:00 a.m. to 10:00 p.m. Friday through Saturday, 9:00 a.m. to 11:00 p.m. Facility to be closed at 11:00 p.m. Music will end at 10 p.m. No more than four (4) events per week Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 15 of 18 U21-02 – Rural Event Facility 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are two existing curb cuts on the property along Bethany Way. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Rod and Bethany Bend. The number and location of the entrances/exists will be sufficient for the use unless otherwise shown through a traffic study required by the Public Works Director. CONCLUSION If approved with the Recommended Conditions, the proposed rural event facility is consistent with the City of Milton Comprehensive Plan Update 2016 and Objectives. In addition, it is Staff’s opinion that the proposed use provides a way to help preserve the large lots within the City and contribute to the overall rural character if approved with the recommended conditions. Therefore, Staff recommends that U21-01 be APPROVED CONDITIONAL. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 16 of 18 U21-02 – Rural Event Facility Roundabout at Bethany Bend and Hopewell Road Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 17 of 18 U21-02 – Rural Event Facility RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit would be approved for a Rural Event Facility (Sec. 64-1842) 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) Rural Event Facility on 18.06 acres. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances, and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Days and hours of operation shall be the following: i. Sunday through Thursday, 9:00 a.m. to 10:00 p.m. ii Friday through Saturday, 9:00 a.m. to 11:00 p.m. iii. Facility to be closed at 11:00 p.m. iv. All music will end at 10 p.m. v. No more than four (4) events per week vi. Alcohol service shall cease 15 minutes before event ending. b) There shall be no more than 100 attendees for any single event. c) Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. d) For any single event over 75 people, at least one off-duty police officer will be required. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 Page 18 of 18 U21-02 – Rural Event Facility 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 located at least 100 feet from any property line and out of view from Bethany Way or Hopewell Road. b) Trash receptacles shall be located at least 100 feet from any property line 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 Bethany Way or Hopewell 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) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 1 of 24 PETITION NUMBERS: U21-03/VC21-04 ADDRESS 2105 Bethany Way DISTRICT, LAND LOT 2/2 892 OVERLAY DISTRICT Rural Milton Overlay District EXISTING ZONING AG-1 (Agricultural) PROPOSED USE PERMIT Festivals or events -indoor/outdoor ACRES 18.07 EXISTING USES Single Family Residence, equestrian facility, winery PROPOSED USES festivals or events – indoor/outdoor OWNER/APPLICANT The PFAJ Revocable Trust dated 2.7.19 ADDRESS 2105 Bethany Way Milton, GA 30004 REPRESENTATIVE Ellen Smith Parker Poe & Bernstein LLP 1075 Peachtree Street, Suite 1500 Atlanta, GA 30309 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 2 of 24 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 28, 2021 U21-03 - APPROVAL CONDITIONAL VC21-04, Parts 1, 4, 5, 6, 7 - APPROVAL CONDITIONAL Part 2 - DENIED Part 3 - WITHDRAWN INTENT To request a Use Permit for Festivals or Events, Indoor/Outdoor, Sec. 64-1812 and the following 7-part concurrent variance to: 1) Delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings (Sec. 64-1812 (b)(2)) 2) Allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings (Sec. 64-1812 (b)(4)) 3) Eliminate the three-year period from the date of the city council’s approval (Sec. 64-1812 (b)(6)) 4) Allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road (Sec 64-1142 (a)(1)) 5) Reduce or eliminate the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan (Sec.64-1142 (3)b.) 6) Eliminate sidewalks along Bethany Way and Hopewell Road (Sec. 64-1142 (e)) 7) Allow for a lighting plan without light pole installation (Sec. 64-1142 (f)) Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 3 of 24 LOCATION MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 4 of 24 EXISTING ZONING MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 5 of 24 2035 FUTURE LAND USE MAP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 6 of 24 SITE PLAN SUBMITTED – FEBRUARY 25, 2021 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 7 of 24 SUBJECT SITE The subject site is zoned AG-1 (Agricultural) with a total of seven tax parcels totaling 17.82 acres. The applicant recently purchased 13760 Hopewell Road in which the City of Milton will be constructing a portion of the new roundabout at Hopewell Road and Bethany Bend. The site includes a single-family residence with a detached garage, an additional garage with a residence, a small cemetery, swimming pool, small wood pavilion used for entertainment, various barns, two uncovered horse arenas, vineyards, and other accessory structures. The Painted Horse Winery currently operates on the site which is allowed by right within the AG-1 zoning district. There is a tasting room located within the basement of the house as well as areas on the lawn behind the house to sit and listen to background music. There are vineyards located on the property as well. BACKGROUND Based on the applicant’s letter of intent, Ms. Pamela Jackson and her family acquired the first tracts of the property in 1991. In 1996, equine barns were built, and horses were moved in, and in 2003, The Farm at Pamelot, Inc. was formally incorporated. Starting in 1997, the Farm started hosting a variety of uses and events including equine breeding, boarding, and training, animal husbandry, an annual Easter egg hunt, ticketed live music events and various corporate events and weddings at the property, including using valet services as needed. Starting in 2002, and continuously since then, The Farm has hosted summer camp as a weeklong day camp for children, birthday parties and other boy and girl scout types of events. There have been a variety of ancillary uses to the farm (including various fruit tree and apiary agricultural uses) historically for more than twenty years. In 2018, Ms. Jackson planted her first vineyards, and in 2019, the Farm became licensed as the City’s and Fulton County’s first farm winery. The applicant states that an additional four acres of vineyards are being added this year. During the summer and fall of 2020, the City received various complaints regarding an increased number of visitors to the site, issues with off premise parking, and loud music coming from the property. The City asked to meet with Ms. Jackson and her legal counsel to discuss their programming on the property. The City (including the Community Development Director, Zoning Manager and City Attorney) met with Ms. Jackson and Ms. Smith her legal counsel multiple times during late 2020. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 8 of 24 The applicant asserted that the activities that she was holding were uses that were “grandfathered” or potentially legally nonconforming uses and that she did not need Use Permits to bring the variety of uses in compliance with the City’s Zoning Ordinance. The City did not agree with the applicant’s conclusion and asked them to apply for the appropriate use permits that would potentially bring them in compliance if ultimately approved by the Mayor and City Council. As stated in the applicant’s letter of intent “These applications are being filed in good faith by Ms. Jackson, to further resolution of disputes between Ms. Jackson and the City regarding permitted and potentially legally nonconforming uses of the property. These are being submitted without waiver by Ms. Jackson of her rights, claims, interests, or defenses with respect to prior, ongoing or future events, uses or operations at or on the property and without admission by owner of the need for such permits or variances. “ On April 21, 2021, the applicant submitted a revised set of proposed conditions/uses for the Festivals or Events, Indoor/Outdoor. These will be discussed below within each appropriate topic. Site Plan Considerations Based on the site plan submitted to the Community Development Department on February 25, 2021 and the revised conditions and uses by the applicant on April 21, 2021, Staff offers the following site plan considerations. Festivals or events; indoor/outdoor (Section 64-1812) This section includes, but is not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. 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 (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 Yes Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 9 of 24 which is used for residential districts or AG-1 districts used for single-family dwelling purposes. (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. Yes, based on new request Applicant’s request for Festivals or Events, Indoor/Outdoor Uses: Festivals or events including ticketed live music concerts and events that are not merely background accompaniment to augment the permitted agricultural operations, farm, equestrian or farm winery permitted uses; community events like an annual Easter egg hunt Restrictions on Uses *Maximum stage and area for ticketed live music events: (a) maximum 250 square feet for live music stage (wood pavilion shown on site plan), and (b) maximum 7,500 square foot area for live music lawn / concert attendees (including covered picnic / winery shelter) *substantial compliance with site plan *substantial compliance with events traffic management (parking and circulation plan to be provided) *No temporary tents over 400 square feet *No portable generators, portable electrical cables or other open temporary electrical systems on site *No pyrotechnics, fireworks or other open flame devices *Only food to be sold on site through ‘cue Barbecue *Only alcohol to be sold will be through ‘cue Barbecue off-site catering license (beer only) and through The Farm at Pamelot (farm winery wine only) *No temporary or other event signage to be used Months, Days and Hours of Operation: *Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 *Musicians to arrive at 4:30 *Gates to ticketed attendees to open at 5:00 p.m. *Music to be performed between 6:00 p.m. to 10:00 p.m. *Facility to be closed at 11:00 p.m. Noise: *Live music to end no later than 10:00 p.m.** *Maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines (§ 64-1812(b)(5)) *UNDER REVIEW TO LOWER Alcohol: *Alcohol service shall cease 15 minutes before music event ending. Police: *At least two off-duty police officers on site for each of the requested 7 events Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 10 of 24 Capacity Limitations: *Attendees not to exceed 200 for any single event. Site Development Considerations: (a) provide adequate temporary bathroom facilities, including handicap accessible facilities outside of any required setbacks and in an inconspicuous area (b) no lighting except in accordance with night sky ordinance and as required for life/safety (d) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line **Note: Section § 64-1812(b)(5) provides maximum continuous sound levels of 60 dBA and a maximum peak sound level of 75 dBA at property lines. Part 1 – Sec. 64-1812(b)(2): Delete the requirement for an eight-foot-high 100- percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings. The required eight-foot opaque fence would be inappropriate for the rural landscape that is indicative of Milton. The subject site already has an equestrian style fence surrounding most of the property. An opaque, eight-foot-high fence is not an allowed type of fence where it can be seen from the right-of-way. (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 existing 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 surrounding the 18 plus acre property will negatively impact the bucolic, rural atmosphere that currently exists on the property. The requirement for an eight-foot-high opaque fence in this situation is an extraordinary and exceptional situation or condition not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The actual activity for the music venue is located inside the property and the proposed equestrian fence and existing landscaping provides a demarcation of Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 11 of 24 the site and 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 provide for the public safety, health and welfare, and that substantial justice is done. Therefore, Staff recommends Approval Conditional of Part 1 of VC21-04 Part 2 – Sec. 64-1812 (b)(4): Allow the existing parking within the 100 feet from a residential district or AG-1 districts used for single family dwellings. There are 13 parking spaces that exist within 100 feet of the property line. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. Based on the small number of existing parking spaces and large area to relocate the parking to other locations the existing parking in the 100-foot setback would 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 location and number of parking spaces can easily be relocated elsewhere on the property and therefore there are no extraordinary and exceptional situation or condition not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. By allowing the existing parking within the 100-foot setback it would cause a substantial detriment to the public good and surrounding properties based on the location near adjacent property lines. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 12 of 24 There are only 13 parking spaces located within 100 feet of adjacent properties and the applicant has sufficient area to relocate them and therefore the public safety, health and welfare are not secured. Therefore, Staff recommends DENIAL of VC21-04, Part 2 to allow the existing parking to remain within 100 feet of adjacent property lines. Part 3 – Sec. 64-1812(b)(6): To eliminate the three-year period from the date of the city council’s approval. Based on the applicant’s revised proposed use of the property to cease operations of the venue for concerts after the December 2021 concert, Staff recommends WITHDRAWAL of VC21-04, Part 3. 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. This proposed Use Permit falls under the “Commercial” Type Uses in the Use Chart within the Rural Milton Overlay District and therefore the need to request the following concurrent variances. Part 4 – Sec. 64-1142(a)(1) – To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. There is significant vegetation/landscaping that exists along these two roads that over time has become very natural and organic to the area and is very “rural” in character. Therefore, the existing vegetation 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 road frontage to install a new 10-foot-wide landscape strip would be onerous to the applicant as well as the existing vegetation provides the Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 13 of 24 intent of the ordinance. It is staff’s opinion that this requirement would be extraordinary and exceptional not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The existing vegetation along Bethany Way and Hopewell Road will 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 to allow the existing vegetation to replace the 10-foot landscape strip. Therefore, Staff recommends APPROVAL CONDITIONAL of VC21-04, Part 4. Part 5 - 64-1142(a)(3)(b): To reduce the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, activity areas, and parking are shown on the site plan. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The approximate 18-acre site contains both pastures and a large amount of tree cover of which some are adjacent to the exterior property lines. In addition, where the primary activity areas are located near the northeastern property lines, there is some trees that abut the adjacent properties that provide some screening. Adjacent to the west and southern property lines there is an 85-foot setback of which a large majority provides significant screening to adjacent parcels. Therefore, it is Staff’s opinion that relief, if granted, would not offend the spirit or intent of this zoning ordinance. Staff notes that the existing parking within the buffer should be relocated outside of the 100-foot activity setback as required on the Agricultural Related Activities Use Permit. (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 75-foot undisturbed buffer and 10-foot improvement setback would create unreasonable constraints on the property given the large size of Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 14 of 24 the lot and possibly render the equestrian and vineyard areas usable and therefore are exceptional situations not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. The existing large setbacks and existing vegetation along some of the adjacent property lines 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 the submitted site plan. Therefore, Staff Recommends APPROVAL CONDITIONAL of VC21-04, Part 5. Part 6 – (Sec. 64-1142(3)) To eliminate sidewalks along Bethany Way and Hopewell Road. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The elimination of the sidewalks would not offend the spirit or intent of this zoning ordinance because there are no public parks or public schools within a quarter mile of the site which is the metric used when evaluating if a sidewalk is required for non-commercial type uses. (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. Although the Use Permit is considered a commercial type of use, it is located within a large lot, equestrian type area of the city where there are no existing sidewalks on the same side of Bethany Way and Hopewell Road and to construct sidewalks for the entire two frontages would create an unnecessary hardship due to size not caused by the applicant. (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 April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 15 of 24 Based on the fact that there are no sidewalks already existing on the south side of Bethany Way and the west side of Hopewell Road, 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. 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 without the sidewalks constructed. Therefore, Staff Recommends APPROVAL CONDITIONAL of VC21-04, Part 6 with the following conditions: Part 7 – (Sec. 64-1142 (f)): To allow for a lighting plan without light pole installation. The Overlay district requires parking lot lighting with light poles. The applicant intends to keep the parking areas informal, and they are scattered throughout the property. The intent is to only provide lighting that is needed for safety and accessibility. (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. The applicant will only install low to the ground and/or required lighting for safety and accessibility that will still provide a minimum amount of lighting to blend in with the rural character of the area and therefore, 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. Based on the rural character and small areas of parking this is an exceptional situation to require light poles for parking not caused by the applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. By not installing traditional parking lot lights on poles but low to the ground lighting, it would not cause a substantial detriment to the public good and surround properties. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 16 of 24 (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 without the use of parking light poles. Therefore, Staff Recommends APPROVAL CONDITIONAL of VC21-04, Part 7. City Arborist The canopy coverage calculations and any Specimen Tree recompense will be calculated when they submit for the land disturbance permit. The proposed parking locations do appear to involve tree removal but appears not to be any specimen trees involved. Based on the size of the parcel prior to a combination plat, the canopy coverage requirement will be 25%. Development Engineer Stormwater runoff from all new impervious surfaces created by the construction of new buildings, gravel parking areas and miscellaneous structures maybe managed by stormwater facilities located either within the parcel boundaries or a shared facility off-site. Fire Marshal -12,000 sq ft structure to be fully sprinklered. -Hydrant required within 100’ of remote FDC location. Show remote FDC location. -There must be a hydrant within 600’ of the proposed structure. -Show existing and proposed (if needed) hydrants. -Flow test required at LDP. -Fire access road shall extend to 150’ of all portions of the structure. -ADA accessibility. -Gravel drive 24’ width minimum. 20’-24’ is ok with fire lane signage every 50’ and on both sides of the road. -Gate width 15’ minimum with Knox switch access. -Auto turn apparatus from Bethany Bend to proposed structure. -Show accessible spaces in close proximity to proposed structure. -Incorporate a fire department turnaround since the new entrance does not appear to fully connect with the Bethany Way entrance. -Plan subject to an in-depth review at the time of application of LDP Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 17 of 24 Transportation Site improvements including driveway locations, fencing and stormwater pond are to be coordinated with underway Hopewell Road at Bethany Bend/Way intersection improvement project. Environmental Site Analysis The Environmental Site Analysis (ESA) report was completed. On the site, there is a stream on the property which identifies the appropriate state and city buffers. Further, there are no floodplain, steep slopes, archeological/historical sites, endangered vegetation, or wildlife on the site. The applicant has not submitted but will be required to meet the Tree Canopy Ordinance at the time of Land Disturbance. Public Involvement Community Zoning Information Meeting On March 23, 2021, the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall and via Zoom. There were approximately 8 members of the community who signed the attendance sheet. There appeared to be more in the audience. The meeting was also held via Zoom. • Traffic caused by the various current events and concern over the speed of existing traffic on Bethany Way. • Noise coming from music at the winery impacting enjoyment of nearby property owners. • Parking off site at the Bethany Oaks subdivision pool area. • Concerned with people leaving the venue intoxicated. • Do not mind the children related events like birthday parties, painting horses, day camps and equestrian related business. City of Milton Design Review Board Meeting Courtesy Review – April 13, 2021 The following comments were made at the meeting: • The majority of members expressed supporting the existing uses on the property such as the winery, equestrian related uses, children’s activities, but not to expand the uses as requested. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 18 of 24 Public Participation Plan and Report The applicant submitted the Public Participation Report on April 21, 2021. The public participation meeting was held on April 19, 2021 at 7:00 p.m. at 3105 Bethany Way. There were 16 people in attendance that signed the attendance sheet. Their concerns were the following: noise primarily during ticketed live events, traffic congestion, off-site parking at Bethany Oaks S/D swimming pool. Response from applicant were indicated on the Public Participation Report: measure noise levels at events, propose conditions to on-site parking. mitigate noise including additional limits on allowable dB, hours of operation, frequency of events, and numbers of ticketed attendees. Request on social media, through parking attendants and off-duty police for on-site parking. Attendees not to park off-site and coordinate with Bethany Oaks HOA. 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 a festival/event, indoor or outdoor is permitted in the AG-1 (Agricultural) which is an acceptable zoning district for the AEE land use category. 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 appropriately 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. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 19 of 24 2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The adjacent uses to the north and northeast are large lots developed with single family residences as well as equestrian related facilities. Staff notes that a Festival, Event Indoor/Outdoor was approved at 13895 Hopewell Road to be used as a wedding facility in 2014 but has not been operated in that capacity. To the east are scattered single family residences and the Bethany Oaks Subdivision zoned AG-1 (Agricultural) and Northpark Subdivision. To the south are large lots developed with single family residences and equestrian related facilities. To the southwest is Cooper Sandy Subdivision zoned AG-1 developed with single family residences. To the west are large lots developed with single family residences and equestrian related facilities zoned AG-1. Based on these surrounding uses and zoning, it is Staff’s opinion that the proposed Rural Event Facility is compatible with surrounding land uses if approved with the Recommended Conditions. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if approved with the recommended conditions and development requirements. 4. 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 applicant’s request to have only one event per month but ceasing after December 2021. The maximum number of attendees proposed is 200. In addition, this use should not be allowed during an event permit allowed under the Agricultural Related Activities or Rural Event Facility Use Permits. This would cause a burden on the adjacent and nearby streets. 5. The location and number of off-street parking spaces: The location of the 55 off-street parking spaces is scattered around the approximate 18 acres. There are twelve spaces near the western portion of the site and an additional six spaces to the north of the twelve. Based on aerials, the six spaces appear to be where trees would be cut but based on the overall tree canopy coverage, it would not impact the overall site if they were located there. In addition, there are 37 spaces located on the north, central and eastern portion of the site of which Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 20 of 24 portions of these spaces already exist and are located within the required 100-foot setback for parking. It appears that there is sufficient room to relocate the existing spaces that are within this 100-foot setback as well as relocate the proposed spaces outside of the 100-foot setback as required in Sec. 64-1842 (b)5. Staff notes that the use permit requires music festivals related seating to provide 2 spaces per 1,000 sq. ft. of seating area. The applicant has stated that there is 7,500 sq. ft. of seating area, which would require 15 parking spaces. In addition, the existing winery may require that parking concurrently with the music venue. 6. The amount and location of open space: The proposed site provides adequate open space since there is approximately 18 acres including a stream that cuts through it and provides the required 75-foot buffer on either side of the creek as well as pastures, vineyards, and other open spaces. 7. Protective screening: It is Staff’s opinion that existing vegetation that is located on the property and in most places located along or near its exterior property lines, is sufficient to provide screening for the proposed limited impact of the requested Use Permit. 8. Hours and manner of operation: The applicant has proposed the following days, times of operation: Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 Musicians to arrive at 4:30 Gates to ticketed attendees to open at 5:00 p.m. Music to be performed between 6:00 p.m. to 10:00 p.m. Live music to end no later than 10:00 p.m. Facility to be closed at 11:00 p.m. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 21 of 24 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site and has requested a concurrent variance to eliminate the lighting plan without light pole installation for the parking lots, except If lighting is required for life/safety and will comply with the Night Sky Ordinance. 10. Ingress and egress to the property: There are two existing curb cuts on the property along Bethany Way. A future curb cut will be built by the City at the time of the new roundabout is completed at Hopewell Rod and Bethany Bend. The number and location of the entrances/exists will be sufficient for the use unless otherwise shown through a traffic study required by the Public Works Director. CONCLUSION If approved with the Recommended Conditions, the proposed music venue is consistent with the City of Milton Comprehensive Plan Update 2016 and Objectives. Therefore, Staff recommends that U21-03 be APPROVED CONDITIONAL and further VC21-04, Parts 1, 4, 5, 6, 7 be APPROVED AND Part 2 be DENIED, and Part 3 be WITHDRAWN. Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 22 of 24 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 which shall cease operation after December 12, 2021. b) Existing structures indicated on the site plan but excluding structures associated with the winery. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the Site Plan received by the Community Development Department on February 25, 2021, and whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council’s approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following use requirements: a) Months, Days, and hours of operation shall be the following: Only the following Saturdays, after which this Use Permit will terminate: (1) June 12, 2021 (2) July 13, 2021 (3) August 8, 2021 (4) September 18, 2021 (5) October 10, 2021 (6) November 14, 2021 (7) December 12, 2021 (8) Musicians to arrive at 4:30 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 23 of 24 (9) Gates to ticketed attendees to open at 5:00 p.m. (10) Music to be performed between 6:00 p.m. to 10:00 p.m. (11) Live music to end no later than 10:00 p.m. (12) Facility to be closed at 11:00 p.m. (13) Alcohol service shall cease 15 minutes before music event ending. b) There shall be no more than 200 attendees at any given time for each concert/performance. c) At least two 0ff-duty police officers on site for each of the requested 7 events. d) Stage and area for ticketed live music events: (1) Maximum 250 square feet for live music stage (wood pavilion shown on site plan). (2) Maximum 7,500 square foot area for live music lawn / concert attendees (including covered picnic / winery shelter). e) Only food and alcohol to be sold on site through ‘cue Barbecue off-site catering license (beer only) and through The Farm at Pamelot (farm winery wine only. 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 area of the property. b) No temporary tents over 400 square feet. c) No portable generators, portable electrical cables, or other open temporary electrical systems on site. d) No pyrotechnics, fireworks, or other open flame devices. e) No temporary or other event signage to be used. f) no lighting except in accordance with night sky ordinance and as required for life/safety. g) Sanitary facilities and trash receptacles shall be located at least 100 feet from any property line Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on April 28, 2021. 4/23/2021 U21-03/VC21-04 Page 24 of 24 h) Delete the requirement for an eight-foot-high 100-percent opaque fence adjacent to residential districts or AG-1 Districts used for single-family dwellings. (VC21-04, Part 1) i) To allow the 10-foot-wide strip along all public streets to be planted with the existing landscaping/vegetation along Bethany Way and Hopewell Road. (VC21-04, Part 4) j) To reduce the 75-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback adjacent to all AG-1 zoning districts where existing structures, driveways, and activity areas, are shown on the site plan but relocating existing parking outside of the 75-foot-wide undisturbed buffer and ten-foot improvement setback. (VC21-04, Part 5) k) To eliminate sidewalks along Bethany Way and Hopewell Road. (VC21-04, Part 6) l) To allow for a lighting plan without light pole installation. (VC21-04, Part 7) 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 Land Disturbance Permit or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) If at such time the Director of Public Works determines that the traffic generated by the site impacts the operations of Bethany Way or Hopewell 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) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application if required. 2/26/2021 GPLOT-V8 X:AFY18V1180032VO4.DRA4INGSVBethany 8enJA0GNV1180032_01-001.dgn P.I. No. USER:VedeD g0lotborder-Mi-PO.tbl GRWCOV MIL001 WYNDHA FARMS CITY OF MILTON a PUBLIC WORKS DEPARTMENT Cambridge High Sc; Kings Ridge i Christian School PLAN AND PROFILE OF PROPOSED HOPEWELL ROAD AT BETHANY BEND/ BETHANY WAY Promdencr. P.r. LOCATION SKETCH SPEED DESIGN: 45 MPH HOPEWELL ROAD 45 MPH BETHANY BEND/WAY BEGIN PROJECT STA 100+00.00 N:1496686.3358 E.-2257948.4017 FUNCTIONAL CLASS HOPEWELL ROAD: LOCAL THIS PROJECT IS 1007 IN FULTON COUNTY AND IS 1007 IN CONG. DIST. NO.6. PROJECT DESIGNATION. DESIGNED IN ENGLISH UNITS. THIS PROJECT HAS BEEN PREPARED USING THE HORIZONTAL GEORGIA COORDINATE SYSTEM OF 1964 (NAD 1983)/94 WEST ZONE.AND THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. BEGIN CONSTRUCTION STA /01+00.00 N:1496786.3358 E:2257948.3081 PROJECT LOCATION THE DATA.TOGETHER WITH ALL OTHER INFORMATION SHOWN ON THESE PLANS OR /N ANYWAY INDICATED THEREBY,WHETHER BY DRAWINGS OR NOTES.OR IN ANY OTHER MANNER,ARE BASED UPON FIELD INVESTIGATIONS AND ARE BELIEVED TO BE INDICATIVE OF ACTUAL CONDITIONS. HOWEVER,THE SAME ARE SHOWN AS INFORMATION ONLY.ARE NOT GUARANTEED.AND DO NOT BIND THE CITY OF MILTON IN ANY WAY. THE ATTENTION OF BIDDER IS SPECIFICALLY DIRECTED TO SUBSECTIONS 102.04,102.05,AND 104.03 OF THE SPECIFICATIONS. :[9711*.]a1:1:11-011M1011IN]aI19:1ECa]'iL7►v" O INTERSECTION BETHANY ROAD STA 403+85.36 BETHANY OAKS POINTE DRIVEWAY 10+04.19 � LI PROJECT MIDPOINT HOPEWELL ROAD STA 302+12.42 fit N:1497502.229 / �1 E:2257854.729 f , 5 I / I ED In ROAD _ ,,. Z N / LL 7.0. 892 / x / 893 - i /b.00 m LENGTH OF PROJECTHOPE ROAD INTERSECTION HOPEWELL ROAD MILES MILES STA 106+17.35 0o OJ706 BETHANY BEND 0.0000 0.0000 STA 401 +38. 37 0o � oo NET LENGTH OF EXCEPTIONS 0.0000 0.0000 GROSS LENGTH OF PROJECT 0.4849 AF / O INTERSECTION BETHANY ROAD STA 403+85.36 BETHANY OAKS POINTE DRIVEWAY 10+04.19 � LI PROJECT MIDPOINT HOPEWELL ROAD STA 302+12.42 fit N:1497502.229 / �1 E:2257854.729 f , 5 I / I ED In ROAD _ ,,. Z N / LL 7.0. 892 / x / 893 - i /b.00 m LENGTH OF PROJECTHOPE ROAD BEND BEND MILES MILES NET LENGTH OF ROADWAY 03/43 OJ706 NET LENGTH OF BRIDGES 0.0000 0.0000 NET LENGTH OF PROJECT 03/43 OJ706 NET LENGTH OF EXCEPTIONS 0.0000 0.0000 GROSS LENGTH OF PROJECT 0.4849 / 14 END PROJECT POM, O STA 110+42.19 END CONSTRUCTION N:1498182.0983 3500 Parkway Lane % INTERSECTION STA 309+01.70 E:2257387. 6744 suite 500 HOPEWELL ROAD N:1496686.3358 Peachtree Corners,Go.30092 / 305+62.79 E: 2257948.4017 Phone 678-336-7740 LL ' 2 j BETHANY WAY Fax 673-336-7744 837 i 50+00.00 Web www.?nld m / R % k OST q �9 jC? x`` LL No.s ONAL 336 �.� PREPARED BY: DESIGN: INTERSECTION HOPEWELL ROAD -INTERSECTION HOPEWELL305+89.93 STA 3000++00. 00 ROAD BETHANY OAKS POINTE BETHANY BEND 50+00. 00 STA 401+65.35 SCALE IN FEET 0 200 400 800 PLANS COMPLETED --111512021 REVISIONS To: City of Milton Planning Commission From: Sarah LaDart, Economic Development Manager Date: April 21, 2021 Agenda Item: RZ21-05 and RZ21-06 - Revision to Chapter 64, Crabapple Form- Based Code Table 9 and to Deerfield Form-Based Code Table 10 to add Breweries, Micro-breweries, Distilleries, and Micro-distilleries as Uses allowed by Warrant in most zones currently allowing Chapter 4 licenses/permits by Right. _____________________________________________________________________________________ For purposes on this memo, when “brewery” is used, it is meant to include breweries, micro-breweries, distilleries, and micro-distilleries. When the Crabapple and Deerfield Form-Based Codes were written, the growth of the brewery industry was not anticipated. As Milton has grown and developed, we have been approached by multiple breweries that would like to create a footprint in our city – and have two actively hopeful for the allowance of breweries in T4-Open now! We recommend adding breweries, micro-breweries, distilleries, and micro-distilleries as Uses allowed by Warrant in the Crabapple and Deerfield Form-Based Codes in most zones currently allowing Chapter 4 licenses/permits by Right (see chart below). To apply for a Warrant, applicants would be required to submit the same information and pay the same fees as if they were applying for an Administrative Variance. The Warrant process ensures that the Community Development Director has the ability and responsibility to assess the Use and determine if the land is appropriate for such Use. By making it a Warrant versus by Variance, you remove the burden of a long process; similarly, by making it a Warrant versus by Right, ensures professional oversight. Recommended additions are in red on the respective charts below: RZ21-05 - Crabapple Form-Based Code – Table 9 d. Retail T2 T3 T4-R T4 T4-O T5 Where qualified, all uses licensed and/or permitted under chapter 4 R R R Breweries, Micro- breweries, Distilleries, and Micro-distilleries W W RZ21-06 - Deerfield Form-Based Code – Table 10 d. Retail T2 T3 T4 T4-P T4-O T5 T6 Where qualified, all uses licensed and/or permitted under chapter 4 R R R R R Breweries, Micro- breweries, Distilleries, and Micro-distilleries W W W