HomeMy WebLinkAboutAgenda Packet - PC - 03/24/2021 PLANNING COMMISSION AGENDA
City Council Chambers
2006 Heritage Walk
Wednesday, March 24, 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. Rezoning
a) RZ21-04/VC21-02 - 13555 Blakmaral Lane by Jim Rosenberger
To rezone from CUP (Community Unit Plan) to AG-1 on 10.80 acres at a density of
.092 unit per acre to construct a new single-family residence and to allow the
existing accessory structure to be in the front yard. (Sec. 64-416(i))
6. Discussion of Flag Lots
7. Adjourn
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Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 1 of 16
R/P RZ97-138
RZ21-04/VC21-02
PROPERTY INFORMATION
ADDRESS 13555 Blakmaral Lane – Boxtree Estates
DISTRICT, LAND LOT 2/2 878, 923
OVERLAY DISTRICT Rural Milton
EXISTING ZONING CUP (Community Unit Plan) RZ97-138
PROPOSED ZONING AG-1 (Agricultural)
ACRES 10.8
EXISTING USE Barn – 3,088 sq. ft.
PROPOSED USE One Single Family Residence – 4,737 sq. ft.
OWNER/PETITIONER Jim Rosenberger
ADDRESS 13560 Blakmaral Lane
Milton, GA 30004
COMMUNITY DEVELOPMENT RECOMMENDATION – MARCH 24, 2021
RZ21-04 – APPROVAL CONDITIONAL
VC21-02 – APPROVAL CONDITIONAL
INTENT
To rezone from CUP to AG-1 on 10.80 acres at a density of .092 unit per acre to
construct a new single-family residence and to allow the existing accessory
structure to be in the front yard. (Sec. 64-416(i))
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 2 of 16
R/P RZ97-138
LOCATION MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 3 of 16
R/P RZ97-138
CURRENT ZONING MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 4 of 16
R/P RZ97-138
2035 FUTURE LAND USE MAP
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 5 of 16
R/P RZ97-138
Site Plan Submitted on January 28, 2021
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 6 of 16
R/P RZ97-138
Enlarged site plan of building area
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 7 of 16
R/P RZ97-138
View from entrance of site (toward the left)
Existing Barn on site
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 8 of 16
R/P RZ97-138
View looking west from proposed house site
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 9 of 16
R/P RZ97-138
Rendering of proposed residence behind existing barn
SUBJECT SITE AND BACKGROUND:
The subject site contains 10.8 acres. It is located within the Boxwood Estates
subdivision that is currently zoned CUP (Community Unit Plan) which contains a
total of 10 lots that vary in size from 2.1 acres to 11.77 acres. The street is private
and not maintained by the City. The site is located within the “Agricultural,
Equestrian, Estate Residential” designation of the 2035 City of Milton
Comprehensive Plan.
The applicant is requesting a rezoning from CUP (Community Unit Plan) to AG-1
(Agricultural) to build a single-family residence at an overall density of .092 units
per acre as well as to farm the land with various types of crops including a
vineyard. To produce wine and be licensed, the State of Georgia requires that
the property be zoned AG-1 (Agricultural). This is the reason for the rezoning
from CUP to AG-1. In addition, wineries are only permitted by right within the
AG-1 (Agricultural) zoning district within the City of Milton.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 10 of 16
R/P RZ97-138
SITE PLAN ANALYSIS
Based on the applicant’s site plan submitted to the Community Development
Department on January 28, 2021, Staff offers the following considerations:
DEVELOPMENT STANDARDS – SEC. 64-416 – AG-1 (Agricultural)
Development Standards Proposed Development Meets
Requirement
Maximum height limit of two
stories with the maximum
height of 28 feet from
average finished grade to the
bottom of the roof eave.
28 feet Yes
Minimum front yard 60 feet Yes
Minimum side yard 25 feet Yes
Minimum rear yard 50 feet Yes
Minimum lot area on a paved
road
1 acre Yes
Minimum lot width shall be 100
feet (at the building line)
100 feet Yes
Minimum lot frontage
adjoining a street
35 feet Yes
Minimum heated floor area -
None
4,737 sq.ft. Yes
Minimum accessory structure
requirements
May be located in rear or
side yards but shall not be
located within a minimum
yard
No,
See VC21-02
Discussed
below
Concurrent Variance Request
VC21-02 – To allow the existing accessory structure to be in the front yard. (Sec.
64-416(i))
The applicant is requesting this concurrent variance to allow the barn (which
also contains a small apartment) to be in front of the new single-family
residence. The following four variance considerations are discussed below
regarding the applicant’s request.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 11 of 16
R/P RZ97-138
(1) Relief, if granted, would not offend the spirit or intent of this zoning
ordinance.
The barn was originally constructed to house animals on the subject site that
served the subject site. At that time, a primary house was not contemplated for
the property. The existing structure currently meets the minimum standards for
the AG-1 (Agricultural) district and based on the shape of the property being
narrow in the front, a new single-family residence would be difficult to place in
front of the existing structure. The applicant has demonstrated that the new
single-family residence will blend in with the existing structure and therefore does
not offend the spirit or intent of this zoning ordinance.
(2) There are such extraordinary and exceptional situations or conditions
pertaining to the particular piece of property that the literal or strict application
of this zoning ordinance would create an unnecessary hardship due to size,
shape or topography, or other extraordinary and exceptional situations or
conditions not caused by the variance applicant.
Based on the shape of the property, the placement of the new single-family
residence in front of the existing structure would create an unnecessary
hardship.
(3) Relief, if granted would not cause a substantial detriment to the public good
and surrounding properties.
Staff notes that the existing structure had been used to house animals, but the
applicant has chosen not to use it any longer in that capacity. Hence the need
for this concurrent variance. The structure does have an appearance of a barn
that houses animals, and to allow it to be in front of the proposed single-family
residence (front yard) 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.
The request to allow the existing structure to be in the front yard when the
proposed single-family residence is constructed ensures that the public safety,
health, and welfare are secured, and that substantial justice is done. Therefore,
Staff recommends that VC21-02 be APPROVED CONDITIONAL.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 12 of 16
R/P RZ97-138
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Sec. 64-2126. The proposed site does not contain wetlands,
historical sites, or sensitive plant and animal species. The site does contain a
stream that has been delineated with the appropriate buffers and setbacks. In
addition, floodplain exists on the site adjacent to Cooper Sandy Creek, but is
outside the building limits of the proposed single-family residence. The site also
contains slopes exceeding 25%. The applicant states in their application that
land disturbance is taking place on some of these slopes but will manage it
through requirements of the State’s erosion control requirements. The applicant
also states they are proposing a 7-foot-high retaining wall. Staff notes that the
City allows only up to a 6-foot-high retaining wall. Therefore, when the building
permit is submitted, this area will need to be redesigned to comply with this
height limit.
PUBLIC INVOLVEMENT
On February 23, 2021, the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There was no one from
the community in attendance as well as no one in attendance via Zoom.
Public Comments – Staff has not received any comments from the public
regarding this petition.
PUBLIC PARTICIPATION REPORT
The applicant will hold their Public Participation meeting on Friday, March 12,
2021. There was no one who attended either in person or via Zoom.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – March 2, 2021
Comments:
• Provide support letters for the request from all the property owners within
Boxwood Estates.
• Recommended to rezone all the lots in Boxwood Estates to AG-1.
• Recommend approval for the applicant’s request for both the rezoning
and the concurrent variance.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 13 of 16
R/P RZ97-138
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 rezoning of one lot to construct a single-family residence
and to be able to grow various types of crops including grapes to
produce wine, is consistent with adjacent and nearby properties zoned
AG-1 (Agricultural) to the north, further to the west, south, and southeast.
It is Staff’s opinion that the proposed use is suitable with adjacent and
nearby developments and zonings if approved with Staff’s recommended
conditions.
Existing uses and zoning of nearby property
Location Zoning Petition Zoning / Name Approved
Density/Min.
Heated Floor Area
North &
Northeast
AG-1 (Agricultural)
Gladwyne Subdivision &
Woodwinds at New Providence
1 unit per acre
East
RZ97-138
CUP (Community Unit Plan)/
Boxtree Manor
9 lots/ 0.16 units
per acre/
3,500 sq.ft. min
Further
East
RZ72-074
R-2 (Residential) Scattered large
estate lots
1 unit per acre
South
RZ97-138
CUP (Community Unit Plan)/
Boxtree Manor
9 lots/ 0.16 units
per acre/
3,500 sq.ft. min
Further
South
AG-1 (Agricultural) Scattered
large estate lots
1 unit per acre
Southwest
and West
RZ97-138
CUP (Community Unit Plan)/
Boxtree Manor
9 lots/ 0.16 units
per acre/
3,500 sq.ft. min
Further
Southwest
and West
AG-1 (Agricultural) – Providence
Plantation S/D
1 unit per acre
Northwest AG-1 (Agricultural)
Woodwinds at New Providence
1 unit per acre
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 14 of 16
R/P RZ97-138
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
Staff recommends that a condition be required to prohibit the property to
be utilized as a winery where there are customers/visitors coming onto the
property to taste/purchase the wine. This is because the property is
located within a platted subdivision and to access the subject site one is
required to drive through the Providence Plantation subdivision. This
condition will eliminate “commercial” type traffic into the subdivision but
at the same time permit the applicant to legitimately propagate a
vineyard for production of wine. If approved with the above requirement,
the proposed development is consistent with nearby properties and will
not adversely affect the existing use or usability of the adjacent properties
described above.
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 CUP
(Community Unit Plan).
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 number of students attending Fulton County Schools were already
accounted for when the rezoning was approved in 1996.
The subdivision is already developed and will not have a negative impact
on existing streets, transportation facilities, or utilities if the recommended
conditions are approved.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
2035 City of Milton Comprehensive Plan: Agricultural, Equestrian, and
Estate Residential
Proposed use/density:
Single Family Residential and farm at .092 units per acre
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 15 of 16
R/P RZ97-138
The proposed AG-1 (Agricultural) zoning district conforms to the
suggested policies and intent of the 2035 City of Milton Comprehensive
Plan if developed with the recommended conditions to limit the activity
on the property.
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 request for the proposed AG-1 (Agricultural) allows for the property
owner to operate a winery where he intends to plant grapes as well as
other crops and can sell the wine per the State of Georgia farm winery
regulations. In addition, adjacent and nearby properties are zoned AG-1
(Agricultural) as well as operate agricultural uses.
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 use will not be environmentally adverse to the natural
resources, environment and citizens of the City if developed with the
recommended conditions.
CONCLUSION
Staff recommends that the requested zoning to AG-1 (Agricultural) RZ21-04 be
APPROVED CONDITIONAL and the Concurrent Variance VC21-02 be APPROVED
CONDITIONAL with the attached recommended conditions.
Prepared by the Community Development Department for the
City of Milton Planning Commission Meeting on March 24, 2021
3/19/2021 Page 16 of 16
R/P RZ97-138
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the rezoning of
property located at 13555 Blakmaral Lane should be approved for AG-1
(Agricultural) 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 dwelling and accessory uses and structures.
b) No more than 1 dwelling unit at a maximum density of .092 unit per
acre, whichever is less, based on the total acreage zoned.
c) A winery but excluding customers/visitors coming onto the property
to taste/purchase the wine.
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 January 28, 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 rezoning. 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.
3) To the owner’s agreement to the following site development considerations:
a) To allow the existing structure to be in the front yard.
(VC21-02)
Page is too large to OCR.
Page is too large to OCR.
Page is too large to OCR.
RZ 21-04
VC21-02o Pre -application Review for Rezoning,
Use Permit(s), and Concurrent Variance(s)
PR -APPLICATION REVIEW FOR REZONING, USE PERMIT(S) AND
CONCURRENT VARIANCE(S)
Check all that al ply: Rezoning _f use Permit{s} Concurrent Variance(s)
Property Addre s: _� � � k_M Tax PiN(s):
no
Existing Zonis
Existing Petiti
Existing Use:
Land Lot(s)-
District.
Total Acreage:
Frontage:
Frontage:
Frontage:
Applicant:
Owner:
Representative:
s
Article/Section:
Article/ Section -
Proposed Zoning: m.
Proposed Use Permits):
JWP;
z
'� Comprehensive Plan Land Use Niap:
RN
Overlay District: _ ur_Irt_ { " l vrot'J
Side:
Side:
Side:
Request:
Distance: 4 F
Distance:
Distance:
Phone:
Email: -Irv% . raich k We- A Ca �
Fax:
Phone:
Email:
Fax:
Phone:
Email:
Fax:
I
CrA4%9 41
Cily of Millon
Community Developmem
Sign Posting
Yes
Sewe JSeptic
Yes
DRI Review No
Public Participation
'
Yea
Cemetery
?
Traffic Study
Stream Protecti
Yes
Environmental Impact Report
No
Noise Study No
NU-1�ESIDE 7AL: RESIDENTIAL:
Building E h No. of Units: Density:
Grass Squax`e F( Otag MinimumHeated Floor Area:.
Density: Minimum Lot Area`
DEVELOPMENT STANDARDS FOR CUP, NUP; &=MDC DISTRIC'T'S
MinimurnFrontYard Minimum Lo Fro e
Minimum Rea Yard --- .__-Mfimum Lot Width
Minimum Sideand (Interior) minimum .7B ' ' Separatiion
Minimurn Re Yard �A ' aS&eet)
ATTENDANCE REQUIRED AT THE FOLLOWING MEETINGS:
Design Review Boa.Td
4
community Zo g Information Meeting
Planning Comssion Meeting
Mayor and City. kouncil
Applicant's 5i ature; To the best of my knowledge, this Pre -application -review is correct and complete. If
additional Maria ces etermined to be necessary, I understand that I araresponsi.hle for filing an appeal.
as specified by tie the City of Milton Zoning Ordinance. t
` ' ■ �� i �►
a��rr�r�■r�r+�~ii
RZ 21-04
MILTON* VC 21.°t
Submit completed forms to:
City of Milton, Attn: Community Development, 2006 Heritage Walk, Milton, GA 30004. Call 678-242-2500 with questions.
DATE: 01/27/2021
SECTION I: REZONING REQUEST
TAX PARCEL ID. NQ. 22 368009230215
Office use only
Zoning Case #: Road Frontage:
Property Address (if available) 13555 Blakmaral Lane
Existing Zoning CUP Proposed Zoning AG -1
case number Z97-138 &
97VC-250
SECTION Il.- USE PERMIT REQUEST
Office use only
Use Permit Case #: Road Frontage:
Under the provisions of Article XIV of the City of Milton Zoning Ordinance, application is
hereby made to obtain a Use Permit as follows:
Current Zoning CLIP case number Z97-138 & 97VC-250
Use Permit Request
SECTION III' CONCURRENT VARIANCE REQUEST(S)
Office use only
Variance Case #:
Request 1 j
Ref. Article
Request 2]
Ref. Article
Request 3)
Ref. Article
Page 5 - Rezoning. Use Permit a Concurrent Variance
Section RECEIVED
Section
Clay of Milton
Communily Ue Velamen►
Section
cityotmiltonga.us
Revision Date: 09.19.2019
SECTION IV: OWNER/P TI T I NIE
NOTICE Part I and/or Pari 2 below must be signed and notarized when the petition
is submitted. Please complete Section IV as follows:
a) If you are the sole owner of the property and not the petitioner complete Part 1.
b) if you are the petitioner and not the sole owner of the property complete Part 2.
c) If you are the sole owner and petitioner complete Part 1.
d) If there are multiple owners each must complete a separate Part 1 and include it in the application.
Part 7, Owner states under oath that helshe is the owner of the property described in the
attached legal description, which is made part of this application, If the owner is a corporation,
limited liability company, limited partnership, limited liability partnership, or other entity recog-
nized by the State of Georgia other than an individual, than the individual signing the petition
states under oath that he/she has been authorized by the owner pursuant to the necessary
formalities to sign on its behalf.*
James Rosenberger
TYPE OR PRfNT 6w E.R'S NAME
13560 Blakmaral Lane
m_._. _--._..__.__.-.-.._......_...._............._.......
ADDRESS
Alpharetta, GA 30004
CITY & STATE ZIP CODE
Sworn to and subscribed before me this the
Day of,. Jin_:qR. j. ...... _ ...u........ 20
4T�AX 0 �YP U B L f C
404-3575295 �_
._.. - ..._--.- r...... ._......_ ... - ..-. __.._ ..- - _.._- Mro i[ 2- ?-6
Fl E !1. ER MM SSION EXPIRES
- _ _..
CJw `S SI.. ATI_ E
Port 2. Pefitioner states nder oath that: f ])he/she is the executor or Attorney-ir-1-t� ycer
Power -of -Attorney for the owner (attach a copy of the Power of -Attorney letter and type name
above as "Owner"): f2) he/she has an option to purchase said property (attach a copy of the
contract and type name of owner above as "Owner"): or (3) he/she has an estate for years
which permits the petitioner to apply (attach a copy of.lease and type name of owner above
as "Owner"). If the petitioner is a corporation, limited liability company, limited partnership.,
limited liability partnership, or other entity recognized by the State of Georg€a other than an
individual, than the individual signing the petition states under oath that he/she has been
authorized by fhe petitioner pursuant to the necessary form alifies to sign on its behalf.*
TYPE OR PRINT NER'S NAME
m-....._._... ............ ....... .. _._-._....................... _._._. ........................ ._ _............
ADDRESS
_._ _......_......--._.. _.........-_......._.... . _..---..........._...._......
CITY & STATE ZIP CODE
�i-�...-_oN....-....i= I�u.._-....-.-Me�...-...._.--.._.._.-m_._.............._..-_..-._...._._._...._.......-..-.....
R
PETiTiQNER'5 SiGNATu.RI~
Sworn to and subscribed before me this the
Day of . -20
-...-.-_......__._..-..._......._....._..... .............. .-..-- ..--._....-_._....._.. ........................_-. -. _...
NOTARY PUBLIC
My COMNSSION EXPIRES
�Pursuanf to OZ-G.A. 16-I0-20. "Aperson who knowingly and wiiffuily ...makes a false, fictitious, or fraudulent statement or
representatian,.:in any matter wIthin.the.jurisdidion of any department or agency cf.state:government or.af the government of any
county, city.or other political Subdivision of this state,. shall ,upon conviction thereof, be punished by a fine of not more than $1,000.00
or by Imprisonment for not fess Phan one or more than rive years, or both."
Page 6 -rezoning, Use Pers -nit & Concurrent Varlance
cityofmiltonga.us
Revision Dafe: 09.19:2019
SECTION V• ATTORNEY / AGENT
If this application is signed by an attorney or agent on behalf of another, the undersigned
attorney/agent states under oath that they have been given express permission to execute
and submit this application on their behalf.
Check One; ® Attorney ® Agent
TYPE OR PRINT ATTORNEY 1 AGENT NAME
SIGNATURE OF ATTORNEY / AGENT
A DDRESS
CITY & STATE ZIP CODE
PHONE NUMBER
PETITIONER'S SIGNATURE
'Pursuant to O.C.G.A. 16-10-20. "A person who knowingly and willfully ...makes a false, Fictitious, or fraudulent statement or
representation ... in any matter within the jurisdiction of any department or agency of state government or of the government of any
county, city, or other political subdivision of this state, shall upon conviction thereof, be punished by a fine of not more than $1,000.00
or by imprisonment for not less than one or more than five years, or bath."
Page 7 - Rezoning, Use Permit & Concurrent Variance cityofmiltonga.us
Revision Dale: 09.19.2x19
RECEIVED
RZ 21-04
4it_ Plan Checklist VC 21-012-
Site plans for rezoning and use permit must be folded`, dry ale, no larger than 3a' x 42',- -
and shall, at a minimum, include the following WorrmnffaiV ` 61�
DESCRIPTION CHECK
1 Key and/or legend and site location map with North arrow �
2 Boundary survey of subject property which includes dimensions along r
property lines that match the metes and bounds of the property's written
legal description and clearly indicates the point of beginning
3 Acreage of subject property -+Z P'
4 Location of land lot lines and identification of iand lofts
5 Existing, proposed new dedicated and future reserved rights-of-way of 7
all streets, roads, and railroads adjacent to and on the subject property
6 Proposed streets on the subject site
7 Posted speed limits on all adjoining roads
8 Current zoning of the subject site and adjoining properties
9 Existing buildings with square footages and heights (stories), wells, driveways,
fences, Cell towers, and any other structures or improvements on the subject
10 Existing buildings with square footages and heights (stories), wells, driveways,
fences, cell towers, and any other structures or improvements on adjacent
properties within 400 feet of the subject site based on aerial photography from
an acceptable source as determined by the Director of Community Development
I I Location of proposed buildings {except single family residential lots} with total square footage
12 Layout and minimum lot size of proposed single family residential lots
13 'topography (surveyed or County) on subject site and adjacent properi'y
within 200 feet as required to assess runoff effects
14 Location of major overhead and underground electrical and petroleum
transmission/conveyance lines
15 Required and/or proposed setbacks
16 1 C year flood plain horizontal limits and flood zone designations as shown on
survey or FEMA FIRM maps
17 Required landscape strips, undisturbed buffers, and any other natural areas
as required or proposed
18 Required and proposed parking spaces; Loading and unloading facilities
19 Lakes, streams and other wafters on the site and associated buffers
20 Proposed stcrmwater management facilities
21 Community wastewater facilities including preliminary areas reserved for G
septic drain fields and points of access r
22 Availability of water system and sanitary sewer system
23 Tree lines, woodlands and open fields on subject site
24 Locote all specimen trees on the site, as defined by the Cify of Milton
Tree Preservation Ordinance
25 Entrance site distance profile assuming the driver's eye of a height of 3.5 feet
(See Subdivision Regulations)
26 Wetlands shown on GIS maps or survey
Page 15-- Rezoning, Use Permit & Concurrent Vo�ance eity0frniltongaous
Revision Dote: mI?.ev' 9
See other side for required signatures
Office use only
I hereby certify that I have completed a preliminary review of the site plan for this project and
determined that it meets the minimum standards specified by Sec 64-2153 of the. City of Milton
Zoning Ordinance.
Staffsignature. ... _..... _............... . .... --...... ...... .... _......m.. - - w.. ........ _. .......... _._... ............ Date • --..._....w_.__........._....................
Communify Development
Staff printed name: ................ _.............
The undersigned. acknowledges that the site plan is submitted in accordance with Sec 64^2153 of
the City of Milton Zoning Ordinance and failure to comply shall render my application. incomplete
which may result in delay in tkroces, of this application.
Applicant signature: -----
g . ....._m...... ..._......... Date _._.- ... ... _.
r—�
Applicant printed name:
Poge 16 - Rezoning: Use Peard.& Concurrent Variance cltyofmiltongams
RevIsfon Dote; 09.19.2019
gECEIVED
RZ 21-04
VC 21 -OZ
qt Mittnll
Exhibit "A"
-1U161y ❑evel--`1---1'='r-,1
All that tract or parcel of land lying and being in Land Lots 878 and 923, Fulton County, Georgia,
being shown as Lot 6 on a minor subdivision plat prepared by Zachary R Garrett, Georgia RLS
#3169, dated March 1, 2019, and more particularly described as follows;
Beginning at a point located at the intersection of the property line common to properties addressed
as 13545 Blakmaral Lane and 13555 Blakmaral Lane with the northerly right-of-way margin of the
cal -de -sac of Blakmaral Lane, said point being the Point of Beginning;
Thence along said northerly right-of-way margin of Blakmaral Lane along a curve to the left, said
curve having a radius of 50.40 feet and being subtended by a chord of N 35040'20"W, 44.32 feet;
thence leaving the northern right-of-way margin of Blakmaral Lane N 75136'55"E, 15.00 feet,
thence N 50137'50"E, 78.25 feet, thence N 27052'52"E, 133.10, thence N 22121'27"E, 169.85 feet,
thence N 73°03'54"W, 91.19 feet, N 4501610911W, 64.81 feet, N 81012'58"W, 97.54 feet, thence S
68028'12"W, 355.14 feet, thence N 23102'50"W, 380.21, thence N 77138'32"E, 375.29 feet, thence N
79°38'05"E, 604.96 feet, thence S 24°51'341"E, 295.92 feet, thence S 10°35'06"W, 374.12 feet, thence
S 83047'54"W, 148.89 feet, thence S 59°29'30"W, 396.34 feet to the Point of Beginning;
Said tract containing 470,519 square feet, (10.802 ACRES);
END OF DESCRIPTION.
RECEIVED
city of Milton
Community Daveftmenl
To: City of Milton Planning Dept.
Date: 01/26/2021
RE: LETTER OF EIV i ENT
-Tax Parcel . 22 368009230215
City of Milton Planners,
Garrett Land
Surveying LLC
604 Warren Way
Winder, GA 3o68o
770-883-26og
The existing property known as tax parce122 368009230215 is owned by James Rosenberger.
James and his wife Darya Samuels live in this house as a Primary Residence in Georgia. Their
property is currently zoned CUP under case number 297-138 & 97VC-250, former Fulton
County Project Number 99-021 LP.
Their intent is to rezone their property to AG -1 so they may have a family farm on their
property. They intend to have a few crops that they can farm for themselves.
Zachary R. Garrett
Georgia Professional Land Surveyor #3169
RZ 21-04
VC 21-0Z
R t
VC 21 ENVIR�Nh11ENtAl S17E ANALYSIIS - FaRI� A t
Provide a complete Environmental Site Analysis document fully addressing all items as
required in sections 1 through 3 below. Attach this Form A to the front of the cornpleted
Environmental Site Analysis document (and any subsequent revisions) prior to submission.
PSA Revision Number: _ iV1-)
Applicant: ,James Rosenberger Phone Number. 404-357-5295
i. CONFORMANCE WITH THE COMPREHENSIVE PLAN Describe the proposed project and the existing
environmental conditions on the site. Describe adjacent properties. Include a site plan that
depicts the proposed project,
Describe how the project conforms to the Comprehensive Land Use Pian. Include the portion
of the Comprehensive Pian Land Use Map which supports the project's conformity to the Plan.
Evaluate the proposed project with respect to the land use suggestion of the Comprehensive
Plan as well as any pertinent Pian policies.
7 PNV?PONMFNTAI IMPACTS OF THE PRCPOSVn gp0 2EC " For each environmental site feature listed
below, indicate the presence or absence of that feature on the property. Describe how the
proposed project may encroach or adversely affect an environmental site feature. Information
on environmental site features may be obtained from the indicated source(s),
a. Wetlands
U. S. Fish and Wildlife Service, National Wetlands Inventory (http://www.fws.gov/wellands
IData/Mapper.html)
® Georgia Geologic Survey (404-556-3214)
Field observation and subsequent wetlands delineationlsurvey if applicable
b. Floodplain
Federal Emergency Management Agency {http:llwww.femo.org)
Field observation and verification RECEIVED
c. Streams/stream buffers
• Field observation and verification
d. Slopes exceeding 25 percent over a 10 -foot rise in elevation
United States Geologic Survey Topographic Quadrangle Map city of M111rin
o Field observation and verification Community Derdtoprnunl
e. Vegetation
® United States Department of Agriculture, Nature Resource Conservation Service
® Field observation
f, Wildlife Species (including fish)
• United States Fish and Wildlife Service
® Georgia Department of Natural Services, Wildlife Resources Division, Natural Heritage Program
Field observation
g. Archeological/Historical Sites
Historic Resources Survey
Georgia Department of Natural Resources, Historic Preservation Division
Field observation and verification
h, Specimen trees
• Identify ail specimen trees as defined by the City of Milton Tree Preservation Ordinance
Page 8 -Rezoning, Ilse Permit & Canci,rrent variance eityofmlltongams
Revision Date: 09.'.92019
I PROJECT IWI..EMENTATION MEASURES Describe how fhe project implements each of the
measures listed below as applicable. Indicate specific implementation measures required to
protect environmental site feature(s) that may be impacted.
a. Protection of environmentally sensitive areas, i.e., floodplain, slopes exceeding 25 percent,
river corridors.
b. Protection of wafer quality
c. Minimization of negative impacts on existing infrastructure
d. Minimization on archeological/historicaiiy significant areas
e. Minimization of negative impacts on environmentally stressed communities where
environmentally stressed communities are defined as communities exposed to a minimum
of two environmentally adverse conditions resulting from public and private municipal
(e.g., solid waste and wastewater treatment facilities, utilities, airports, and railroads)
and industrial (e.g., landfills, quarries and manufacturing facilities) uses.
f. Creation and preservation of green space and open space
g. Protection of citizens from the negative impacts of noise and fighting
h. Protection of parks and recreational green space
i. Minimization of impacts to wildlife habitats
Page 9- Rezoning, use Permit & Concurrent Varfance eityofmiltonga.us
Revision date; 09.19,2019
Garrett Land Suneying LLC
604 Warren Way
Winder 'GA 30680
770-883-26og
garrettlandsurvey@gmail.com
January 26, 2021
TO: C4. -of Milton PLanhers
RE: Environmental Site Analysis report to accompany rezoning
ADDRESS:13555 Blakmaral Lane, Alpharetta, GA 30004
TAX PARCEL. Identification #: 22 36800923021.5
City of Milton Planners,..
The existing property known as 13555 BlakmaraI Lane, Alpharetta, GA 30004 is being submitted for a
rezone from CUP to AG -1.
The following items coincide with the required Environmental Site Analysis:
1) The project is a residential home with an existing barn that is still to be utilized as a workshop and
barn far the time being. This use conforms to the Land Use Map as it falls within a rural
agricultural use. Adjacent properties to the.North are zoned as Ag -1. Nearby properties to the
East are zoned. R3. Within the immediate subdivision the properties are zoned CUP. The
characteristics of this neighborhood known as Boxwood estates are. 16rge. acreage tracts. 8 acres or
more and these tracts are. residential in nature .and use.
2] Environmental impacts of the proposed zoning and project.are as follows -
a) Wetlands: Not Applicable. No wetlands found on this property per
b) Floodplain; Portions of this property He within floodplain as shown on the pian. Reference
I.1.R.M. Panel 13121C.0mF
c) Stream Buffers: As shown on pian, there exist a stream that has a 25 foot state waters buffer,
50 foot undisturbed Buffer, and a 75 foot Impervious City Buffer
d) Slopes: There do exist:slopes as great or greater- than 25% (2.5 feet in a. 10 foot length). These
.slopes are shown on the plan. The land disturbance is taking place on some of these slopes.
We are managing erosion through an >rosion.Control plan that shows double row silt fence to
be placed at the bottom of this slope. The Erosion. Control Plan.also mandates that seed and
straw be placed during construction. to establish ground. cover during construction. Permanent
stabilisation shall be maintained through the installation of. sod on final grades. Also a 7 foot
wall is designed at the rear of the home that is minimizing the impact the home will have on. the
slope.. it is our intent to. maintain stabilization throughout construction and. as a final product.
The slope is integral into the design of the home to be. placed here..
e) Vegetation: Is our intent to minimize land clearing and disturbance activities to the:bare
Garrett Land Surveying LLG
boo Warren Way
Winder; GA 3o68o
770=883-26o9
garrettlandsurveyf gmail.com
minimum possible' and. still install the storm water management facilities, septic system, and
foundation forthe home . A. tree save area is .delineated within the plans on sheet 3: Tree
Coverage Plan
f) Wildlife Species: No study has been performed on the.wildliife within the.streamjcreek on the
property. The horneowners have never seen any wildlife within this stream. It is the intent of
the construction project to reduce erosion :and maintain stor.mwater quality that is within
.acceptable limits according to the GSWMM and GSINCC (green book)management guidelines
during the course of the project.
g} Archeological/Historic Sites: No sites have been found during the co.urse.ofthe preparation of
these plans . Also noted is that no Archeological or historic sites are noted. within the approved
and recorded final plat for the neighborhood known as Boxwood Estates.
h} An arborist visited the site in January of 2020 and determined that.no Specimen Trees existed
within the. area of the proposed home site. This report has not been previously filed because
we submitted building plans prior to Nov..3Q , 2420 in order to not have to adhere to the more
stringent complex Tree Ordinance. Rue to the large lot size we are able to maintain a large
percentage o.the existing trees on the lot. The existing trees are 5..20 Acres:and after clearing
and disturbance we are maintaining a proposed 4..46: acres of trees. That is a reduction .of the:
wooded area of the lot by only 14%. We are retaining 86% ofthe existing trees on a 10.80 acre
lot.
3} Project Implementation Measures:
a} Eloodplains, slopes, and river corridors shall all be protected via the implementation of the
stream buffers and approved Erosion. Control Plan, which utilizes silt fence, and disturbed
ground stabil€ration methods to reduce erosion within tolerable measures.
b} Water Quality is to be maintained through the use of proposed underground cistern. This
cisterns acts as a trap for sediment coming from overground flow along the roof and
impervious surfaces surrounding the pool and patios areas of the home. Occasionally this
sediment can be cleaned`through a pumping and cleaning process simi€ar to a. septic tank
should the tank become overloaded with sediment upon inspection. The water collected
within this cistern.sholl be pumped for use in an irrigation system for crops on the family farm
Property. Water Quality is further described on sheet 4 ( Erosion Plan)
c] 'There is no existing infrastructure other than the exist! ng.septic system for the barn which is
being avoided. This. is shown on the existing approved Septic System design for the home.
d) No Archeological or historic sites exist on the property so this. item in Not Applicable.
e) This is not an environmentally stressed community.
f) Preservation of Green Space is being maintained. Land .disturbance is limited to 9.2% of the
property. Tree removal is limited to 14% of existing canopy area.
gj There will be no noise and fighting other than what is normal for a Resident€al Home which fall
4RZ 21-04
Analyze the impact of the proposed rezoning and answer the following questions;
1. Does the zoning proposal permit a use t t is suitable in view of the use and It-weiopment
of adjacent and nearby property? Yes 55 No ❑
City of reli lion
CO"Ifnurlily Development
2. Does the zoning pro sal adversely affect the existing use or usability of adjacent or nearby
property? Yes ❑ Na
T\
3, Does the property to be rezoned have a reasonable economic use as c rre tly zoned? Yes No ❑
4. Will the zoning proposal result in a use that could cause an excessive or 13Aydensome use
of existing streets, transportation facilities, utilities, or schools? Yes ❑ No
5. Is the zoning proposal inconformity with the policies and intent of the land use plan? Yes No ❑
6. Are there existing or changing conditions that affect the use and developnWt of the property
which support either approval or denial of tete zoning proposal? Yes ❑ NOA
7. Does the zoning proposal permit a use that can be considered environme t ly adverse to the
natural resources, environment, or citizens of the City of Milton? Yes ❑ No
Page 10 - Rezoning. Use Permit & Concurrent Variance CityoflPl'liltonga.us
Revision pate: 09.19.2019
E REP RT -FORM C
Ofte use only
Petition #:
Mayor and Council Hearing Date:
FZ 21-04
VC 21-0Z...
Within the {2) years immediately preceding the filing of this zoning petition have you, as the appli-
cant or opponent for the rezoning petition, or an attorney or agent of the applicant or opponent for
the rezoning petition, made any campaign contributions aggregating $250 or more or made gifts
having an aggregate value of $250 to the Mayor or any member of City Council.
If the answer is YFS, proceed to sections i through 4. N1 o
If the answer is NO, complete only section 4. RL-CEitiEL)
I. CHECK ONE: ® Party to Petition [] In Opposition to Petition
If party to petition, complete sections 2, 3 and 4 below.
If in opposition, proceed to sections 3 and 4 below,
Ci:v at Milton
qty Developmerlf
2. List all individuals or Business entities which have an ownership interest in the property
which is the subject of this rezoning petition
3. CAMPAIGN CONTRIBUTIONS:
Name of
Government Official
Total Dollar Date of
Amount Contribution
Enumeration and
Description of Gift
of $250 or more
4. The undersigned acknowledges that this disclosure is made in accordance with the Official
Code of Georgia, Section 36-67A-1 et. seq. Conflict of interest in zoning actions, and that the
information set forth herein is true to the undersigned's Best knowledge, information and belief.
Name (print): k
v
Signature: .a..J
Date:
Page i - Rezoning, Use Permit R Concurrent Variance dtyofmittorigmus
Revision Dole. 09.19.2019
PUBLIC PARTICIPATION PLAN - FQRM ❑ �
Petition #:
Applicant:
James Rosenberger
0tv of Mwo, [Date 1127121
£ommurfify gevel0pm ;i
RZ 21-04
VC 21-01,
1. The following individuals (property owners within a quarter mile of the property), homeowners
associations, political jurisdictions, other public agencies, etc., will be notified in accordance with
the requirements of Sec. 642132 of the Zoning Ordinance:
David & Nicole Quinlan 60 Compass Court - Zoned AG -1
Susan R. & Garth Neenan 50 Compass Court - Zoned AG -1
Brian & Alison Eidex 115 Gladvayne Court -Zoned AG -1
Argyro Liakakas 105 Gladwyne Ridge Drive - Zoned AG -1
13545 Slakmaral Lane Marc K & Cynthia Coombs - Zoned AG -1
Kyle & Renee Lynn )Columbus 125 Gladwyne Ridge Drive - Zoned AG -1
Gabriela & Vincenzo Piscopo 55 Providence Plantation Drive- Zoned CUP
Gary L & Jessica Buxton 75 Providence Plantation Drive- Zoned CUP
Annette R. Habrook 13665 New Providence Road - Zened AG -1
William & Tina M Kendall 310 Sweet Briar Court- Zoned CUP
Richard Michael & Jodi Kimberly White 70 Compass Court - Zoned AG -1
Westminster Place HOA, Inc. Tax 10: 22-354009250614 - Zoned AG•1
18520 81akmaral Lane Trust 13520 Biakmarar Lane - Zoned CUP MG CORVEY JOHN III 13535 BLAKMARAL LN - Zoned CUP
OA LA CRUZ ANGEL ESTEBAN 0 Gladwyne Ridge Drive (Tax 10 22-368208780085) - Zoned AG -1
2. The individuals and others listed in 1, above will be notified of the requested rezoning/use permit
using the following methad(s): (e.g., letters, meeting notices, telephone coils, e-mails, etc.)
Letters and Emails when known
3. Individuals and others listed in 1. above will be allowed to participate in the following manner:
(At least one meeting at a convenient time and location is required)
R Zoom online meeting determined in the letters sent
Attach additional sheets as needed.
Poge t3- Rezoning, Jse Permit & Concurrent Variance CRY01miltonga-us
Revision Date: 09.19.2019