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HomeMy WebLinkAboutAgenda Packet CC - 12/06/2007 - Packet-12-06-2007-r (Migrated from Optiview)CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Neal O’Brien Tina D’Aversa Rick Mohrig Thursday, December 6, 2007 Regular Council Meeting Agenda 7:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-434) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 1. Introduction of Police Officer Kiel and K-9 Officer DaSilva AKA “Silva”. (Presented by Charles Millican, Deputy Director of Public Safety) 2. The Muscular Dystrophy Association has awarded the City of Milton Public Safety Department with the "Rookie of the Year" Award for most money raised by a new department and the "Screaming Siren" award for most money raised in the metro area for 2007. Milton Firefighters raised more than $37,930 in their six day boot drive. (Presented by Chris Lagerbloom, Interim City Manager) Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 2007 - 7:00 PM 7) CONSENT AGENDA (Agenda Item No. 07-435) 1. Approval of the November 8, 2007 Work Session Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 07-436) 2. Approval of the November 8, 2007 Special Called Meeting Minutes. (Jeanette Marchiafava, City Clerk and Clerk of the Court) 8) ZONING AGENDA (Agenda Item No. 07-413) 1. RZ07-007/VC07-005 To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station at a density of 8,805.43 square feet per acre. The applicant is also requesting a 3-part concurrent variance; 1) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2) To delete the 10’ landscape strip along the south property line. 3) To allow a loading area within the front yard. (This item was deferred on November 15, 2007.) (Presented by Tom Wilson, Community Development Director) 9) FIRST PRESENTATION (Agenda Item No. 07-437) 1. RZ07-011 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to O-I (Office- Institutional) to develop a 140,000 square foot office building with a maximum height of 4 stories. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-438) 2. RZ07-018/U07-009/ VC07-010 To rezone from C-1 (Community Business) and O-I (Office-Institutional) to C-1 (Community Business) to develop a 5,700 square foot retail commercial building and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot climate controlled self storage facility and a 2-part concurrent variance to 1) To locate the refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). (Presented by Tom Wilson, Community Development Director) Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 2007 - 7:00 PM (Agenda Item No. 07-439) 3. RZ07-019/ U07-010/ VC07-011 To rezone from C-1 (Community Business) to O-I (Office-Institutional) to develop 23,000 square feet of office. The applicant is also requesting a Use Permit to exceed the district height, Article 19.4.21, to allow the building to be constructed at a maximum height of 70 feet that includes an underground garage and 3 stories of office. To request a 3-part concurrent variance to 1) To reduce the side setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.); 2) To reduce the 25-foot non-impervious buffer, to allow approximately 6,010 sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Section 6.5.(i); 3)To reduce the 50-foot undisturbed stream buffer to allow approximately 675 sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Section 6.5 (ii)). (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-440) 4. U07-006/ VC07-013 To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3-Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 50-foot buffer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10- foot improvement setback to a 15 foot landscape strip planted to buffer standards along the south property line. (Article 12.H.C.1) (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-441) 5. RZ07-017 Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District Height. Amend Articles 19.3 & 19.4 to reflect the City of Milton (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-442) 6. ZM07-007 To modify Condition 3.a. (03Z-159) to reduce the perimeter building setback along the north property line for Lot 33, Phase 4 – Unit 1 of Triple Crown Subdivision from 50 feet to 36 feet. (Presented by Tom Wilson, Community Development Director) 10) UNFINISHED BUSINESS (Agenda Item No. 07-426) 1. Approval of Amendments to Chapter 7, Alcohol Beverage Licenses, of the Code of Ordinances for the City of Milton, Georgia. (Presented by Tami Hanlin, Program Director) Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. MILTON CITY COUNCIL REGULAR MEETING AGENDA DECEMBER 6, 2007 - 7:00 PM 11) NEW BUSINESS (Agenda Item No. 07-443) 1. Approval of a Resolution abandoning Black Oak Road in the City of Milton (Presented by Mark Scott, City Attorney) (Agenda Item No. 07-444) 2. A Resolution regarding reimbursement of legal fees for councilmembers charged with ethics violations determined to be unfounded. (Presented by Councilmember Rick Mohrig) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 1. Update of Local Issuing Authority Status from Environmental Protection Division (EPD). (Mark Law, City Arborist) 14) EXECUTIVE SESSION (if needed) (Agenda Item No. 07-445) 15) ADJOURNMENT Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. The Minutes will be provided electronically. The Minutes will be provided electronically. 4Tg)r City of Milton 13000 Oeefie!d Pahusy. Suite TO?. Milton. Georgia 30004 CIN COUNCIL AGENDA ITEM TO: City Council PATE: November 29,2007 FROM: Interim City Manager AGENDA ITEM: RZQ7-007NC07-005,To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-l (Community Business) to develop 14131 1 square feet of retail, commercial, service. ofice and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station at a density of 8,805.43 sqwe feet per acre. The applicant is also requesting a 3-part concurrent variance; 1) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2) To delete the 10' landscape strip along the south property line. 3) To aIIow a loading area within the front yard. MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (,I NOJ APPROVED ClPT ATTORNEY APPROVAL REQUIRED: () YES ),(NO ClTY ATTORNEY REVIEW REQUIRED: ()YES ()qW APPROVAL BY CITY ATlORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: IZ ab 07 REMARKS: PETITION NUMBER(S) RZ07-007 VC07-005 PROJECT NAME Deerfield Place Phase 2 PROPERTY INFORMATION ADDRESS Southeast Corner of SR 9 & Deerfield Parkway DISTRICT, LAND LOT 2/2 975 OVERLAY DISTRICT State Route 9 EXISTING ZONING A (Medium Density Apartments) Z84-223 and C-1 (Community Business) Z84-224 PROPOSED ZONING C-1 (Community Business) ACRES 16.3 EXISTING USE Undeveloped PROPOSED USE Retail Shopping Center OWNER W.B. Holdings – Windward LLC ADDRESS 12600 Deerfield Parkway, Suite 150, Milton, GA 30004 PETITIONER/REPRESENTATIVE Sembler Alpharetta 1, LLC / Brian Snelling ADDRESS 1450 South Johnson Ferry Road, Suite 100 Atlanta GA 30319 PHONE 404-847-1800 INTENT To rezone from A (Medium Density Apartments) & C-1 (Community Business) to C-1 (Community Business) to develop 141,511 square feet of retail, commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and a gas station at a density of 8,681.65 square feet per acre. The applicant is also requesting a 3-part concurrent variance; 1.) To reduce the required buffer along the east property line from 100 feet to 25 feet and the 10-foot improvement setback; 2.) To delete the 10’ landscape strip along the south property line. 3.) To allow a loading area within the front yard. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 1 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL – RZ07-007 DENIAL – VC07-005 Part 1 APPROVAL CONDITIONAL-VC07-005, PARTS 2 & 3 PLANNING COMMISSION RECOMMENDATION APPROVAL CONDITIONAL – RZ07-007 TO EXCLUDE GAS STATIONS AND ASSOCIATED PUMPS DENIAL –VC07-005, PARTS 1 & 3 APPROVAL – VC07-005 PART 2 MILTON MAYOR & CITY COUNCIL MEETING – 11/15/07 DEFER UNTIL 12/6/07 MEETING 6-1 7-0 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 2 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 LOCATION MAP 11/29/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 Page 3 of 39 CURRENT ZONING MAP 11/29/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 Page 4 of 39 SITE PLAN – June 5, 2007 11/29/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 Page 5 of 39 REVISED SITE PLAN –NOVEMBER 28, 2007 11/29/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 Page 6 of 39 Subject Site (Looking south from Deerfield Pkwy) Subject Site (Looking at the southeast corner of SR 9 and Deerfield Pkwy) Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 7 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 SUBJECT SITE: A 16.3 acre site currently zoned A (Medium Density Apartments) pursuant to Z84- 224 approved for 12 units per acre and C-1 (Community Business) pursuant to Z84-223 approved for 8,000 square feet per acre within a single structure (116,720 square feet). The site is currently vacant and the existing trees (non- specimen size) were harvested and the property graded under an approved Land Disturbance Permit (LDP) issued by Fulton County for Deerfield Place Phase 1. Along the southern portion, a temporary earthen detention pond is being constructed to manage Phase 1of Deerfield Place immediately to the south. This rezoning request along with the applicant’s site (Phase 1) located to the south exceeded the Atlanta Regional Commission’s threshold of 300,000 square feet for retail uses. A Development of Regional Impact (DRI) review was submitted to the Georgia Regional Area Transportation Authority (GRTA). The result of this review has been attached to the Staff report. The findings by the ARC were that the project was in the best interest of the region and therefore the state. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. 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 retail development is suitable based on the existing C-1 (Community Business) to the south pursuant to Z03-185 approved at 9,552.93 square feet per acre, currently under development. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may not have a reasonable economic use as currently zoned because of the square footage required to be within one building. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 8 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning is partially consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The subject property is located along the east side of State Route 9, south of Deerfield Parkway which the Comprehensive Plan discusses as being appropriate for Neighborhood Living-Working. While the Plan calls for a mix of commercial, office and residential uses, the proposal for the site is not of a mixed nature. It is the opinion of the Staff that the proposed use and its proximity to residences and office uses lend to the desired living working composition of the area and complies with the policies of the Comprehensive Plan. Focus Fulton 2025 Land Use Plan Map: Neighborhood Living-Working Proposed use/density: Retail-Commercial/8,681.65 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Neighborhood Living- Working for the surrounding properties and along the Hwy 9 Corridor north of Webb Road. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Developments in the Live Work land use and all mixed use developments should provide inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety. • Commercial/Office Density up to 10,000 square feet per acre. • The transportation system should incorporate automobile, transit when available, bicycle, pedestrian facilities. • The uses within the live work areas should be in proximity to each other in order to encourage walking and to increase mobility. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 9 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 F. 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? Existing zonings of commercial on the subject site and to the south and adopted land use policies support this request for Commercial to develop retail commercial, office and accessory uses. G. 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? Staff notes that the proposed rezoning will have some impact on the environment and natural resources but the recommended conditions will help mitigate the impact. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 10 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 1 AG-1 (Agricultural) Undeveloped Northeast 2 Z84-225 TR (Townhouse Residential) Avensong Subdivision 6.16 units/acre East 4 Z84-224 A (Medium Density Apartments) Camden at Deerfield Apartments 12 units/ acre Southeast 3 Z84-224 A (Medium Density Apartments) Villages of Devonshire Condominiums 12 units/acre South 5 Z03-185 C-1 (Community Business) Deerfield Place Phase 1 9,552.93 sq. ft./ acre Southeast 6 Z84-252 C-1 (Community Business) Georgia Power Substation 9,200 sq.ft./acre 2 stories Further South 7 Z73-01 C-1 (Community Business) Fry’s Electronics None indicated Southwest 8 Z03-081 MIX (Mixed Use) Undeveloped 2,228.13 q.ft./acre for retail 1,662.79 sq.ft./acre for office Southwest 9 Z00-151 MIX (Mixed Use) The Park at Windward Village 712.48 sq.ft./acre for retail 976.79 sq.ft./acre for office 2.10 u/acre for townhomes West 10 Z06-023 TR (Townhouse Residential) Centennial Village S/D 5.65 units/acre 1,200 sq.ft. West 11 Z01-001 TR (Townhouse Residential) The Regency at Windward 5.78 units/acre 1,540 sq.ft Northwest 12 Z04-041 TR (Townhouse Residential) Haywood Commons 6.53 units/acre 1,500 sq.ft. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 11 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 EXISTING USES MAP 11/29/2007 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 Page 12 of 39 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning for C-1 (Community Business) is partly suitable but would not produce the best use as it is conditioned to 116,720 square feet square feet within one building. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed use is suitable for the proposed zoning district of C-1 (Community Business). This zoning district allows for retail commercial, service, office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses and ice cream parlors which shall not be freestanding and also a gas station at the northwest corner of the property at the intersection of Hwy 9 and Deerfield Parkway as proposed. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to C-1 (Community Business) would not create an isolated district. There are C-1 (Community Business) zonings in the immediate vicinity to the south and southwest of the proposed site and the development is located along the commercialized State Route 9 corridor. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? Staff notes that the proposed change of zoning will not have a negative impact on the character of the State Route 9 Overlay District. The proposed rezoning request and the related development south of the subject site will give continuity of the architectural theme along the east side of Hwy 9. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? Staff is of the opinion that the change in the zoning may not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 13 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Staff notes that the proposed rezoning may have an impact on the environment because of the increased amount of impervious surface but should be mitigated by the recommended conditions. N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning, as submitted, is partially consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan which recommends Neighborhood Live/Work for the subject site. There are residential uses adjacent to the site located to the northeast, east and west. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. The applicant will be constructing a fence interior to the requested 25-foot undisturbed buffer along the east property line. This has been requested by the adjacent apartment and condominium developments. Along a portion of the east property line, where the detention pond is located, a 20-foot landscape strip will be required which will further assist in preserving the residential area. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There is an undeveloped, AG-1 (Agricultural) zoned, 9 acre parcel on the north east corner of SR 9 and Deerfield Parkway under the Neighborhood Live/Work land use designation. In addition, to the south west of the site, a small parcel is undeveloped, zoned AG-1 (Agricultural) and designated as Neighborhood Live/Work. In summary, the proposed zoning is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 (Community Business) district on the subject site, recently approved C-1 (Community Business) district and the Atlanta Regional Commission (ARC) in a letter dated Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 14 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 August 30, 2007 found this project to be in the best interest of the Region, and therefore the State. Therefore, Staff recommends this petition, RZ07-007 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 28, 2007, Staff offers the following considerations: State Route 9 Overlay District BUILDING SETBACKS The site plan indicates compliance with the following zoning district minimum building setbacks pursuant Article 9.1.3: Front Yard adjacent to Deerfield Parkway: Side Corner Yard adjacent to SR 9: Side Yard (east property line): Rear Yard (south property line) 40 feet 40 feet See Buffer Requirements See Landscape Requirements BUILDING HEIGHT The applicant has not indicated a maximum height or number of stories for the development. The Zoning Ordinance permits up to 4 stories or a maximum height of 60 feet. LANDSCAPE STRIPS AND BUFFERS Article 4.4.3E.1.b requires a 100-foot undisturbed buffer and 10-foot improvement setback under the “Large Scale Retail/Service Commercial Structures and Developments 75,000 square feet or Greater” ordinance (Adopted 5/4/06) adjacent to residential uses. The applicant is requesting a concurrent variance to reduce the buffer to 25 feet and a 10-foot improvement setback along the east property line. Staff is of the opinion that the required buffer should remain at 100 feet and a 10-foot improvement setback to separate the existing residential development to the east. Based on the fact that the applicant has not demonstrated a hardship that is not self imposed, Staff recommends DENIAL of Part 1 of VC07-005. Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty (20) foot-wide landscape strip along State Route 9 and Deerfield Parkway. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 15 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. The applicant’s site plan shows compliance with the requirement. The applicant is also requesting the deletion of the required 10-foot landscape strip along the south property line (Article 12G.4.8.2) in order for the development to the south and the subject site to be developed as one. This would provide for both vehicular and pedestrian inter parcel access. It is Staff’s opinion that by granting this variance, the overall development would be more cohesive and meet the intent of the Comprehensive Plan for encouraging “inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety.” Therefore, Staff recommends APPROVAL CONDITIONAL of Part 2 of VC07-005 Although Article 4.4.3.E.1.d. requires a 15-foot landscape strip along the south property line which is greater than the State Route 9 Overlay District of 10 feet, the standards of the Overlay District shall prevail. Existing 25-foot buffer and 10-foot improvement setback along the east property line. PARKING REQUIREMENTS Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 16 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Type of Use spaces / 1000 sf Approx. Project sf Spaces Required Spaces Provided Retail 5 122,960 615 597 Restaurant 10 5,500 55 55 Totals 128,460 670 652 Staff notes that the applicant is providing 652 parking spaces, which are six (6) short (2.7%) of the parking spaces required per Article 18 of the City of Milton Zoning Ordinance. An administrative variance may be requested by the applicant to reduce the number of spaces up to ten percent (10%). Staff encourages the least amount of parking possible and is requesting that parking along the east property line be constructed of pervious materials. It appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. OTHER CONSIDERATIONS The applicant has requested a concurrent variance to allow a loading area within the front yard (Article 12G.4.F.6.). The site plan indicates that the largest building located on the northern portion of the site has a loading area facing Deerfield Parkway. Deerfield Parkway is technically considered the “front” yard. Based on the development’s linear shape, another building fronting the loading area adjacent to Deerfield Parkway and the applicant providing a wall to screen the area, Staff recommends APPROVAL CONDITIONAL of Part 3 of VC07- 005. Staff notes that prior to issuance of a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review the plans. The applicant indicates two out-parcels on the site plan. The 1.14 acre out- parcel fronting SR 9 meet the development standards required by Article 4.13 except for D., which requires that internal entrance drives shall be located at least 100 feet from any publicly dedicated right of way. It appears that the design can be reconfigured to meet this standard. The 1.45 acre out-parcel that is currently designed for a gas station at the northeast corner of SR 9 and Deerfield Parkway meets the development standards required by Article 4.13. These two (2) out-parcels will be reflected in the Recommended Conditions. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 17 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 PUBLIC INVOLVEMENT On September 26, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. No one attended this meeting. Public Comments – At the time this report was published, Staff had spoken to approximately 3 to 4 people who reside in nearby subdivisions that voiced concern about the increased traffic along Deerfield Parkway and SR 9. There were several people present at the Planning Commission Meeting on October 23, 2007 who were in opposition to the gas station portion of the development and the reduction of the 100-foot buffer and allowing the loading dock in the front yard. A petition was presented to the Planning Commission signed by nearby residents voicing their opposition to the above listed items. The applicant met with the Avensong subdivision prior to the City Council Meeting to further discuss the development and their concerns regarding traffic and other issues. City of Milton Design Review Board Meeting – October 2, 2007 The following comments were made by the DRB: • The proposed Kohl’s building is too big for the site. • Don’t try to maximize space at the expense of the Hwy 9 residents. • Consider turning building. • Consider adding an L shaped structure to screen truck docks. • Note that Hwy 9 Overlay requires building materials to continue around corner. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on October 3, 2007 and the sign was installed before the required date of October 3, 2007 along the frontages of SR 9 and Deerfield Parkway. The notice of rezoning was mailed to adjacent property owners on October 1, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. The applicant and its legal representative met with Staff on October 23, 2007 to discuss Staff’s recommendation and specific conditions. Some conditions were Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 18 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 revised based on this meeting that was presented at the Planning Commission meeting. They are also reflected in this report. CONCLUSION The proposed C-1 (Community Business) development is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and consistent with recent Board Policy, therefore, Staff recommends that this request to rezone to C-1 (Community Business) be APPROVED CONDITIONAL. Further, Staff recommends DENIAL of Part 1 of VC07-005 and APPROVAL CONDITIONAL of PARTS 2 and 3 of VC07-005. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 19 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) 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) Retail, service commercial and/or office and accessory uses including fast food restaurants limited to bagel, bakery, coffee houses without window service, and ice cream shops, none of which may be freestanding, also including all exterior food and beverage service areas when associated with permitted businesses. Allowed uses shall not exceed a maximum density of 8,681.65 gross square feet per acre zoned or a total of 141,511 square feet, whichever is less. b) No drive through will be allowed for dry cleaners or fast food restaurants. Banks shall have no more than 2 drive through lanes. c) The following uses are excluded: gas stations and associated gas pumps, freestanding fast food restaurants, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article 3.3.3., check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 28, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 20 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) To allow two (2) out-parcels as shown on the site plan. 3) To the owner’s agreement to the following site development considerations: a) To provide a maximum parking ratio of 4.75 per 1,000 gross square feet for uses other than restaurants; however, restaurants shall provide 10 parking spaces per 1,000 gross square feet. b) To provide at least one pedestrian entrance for each side of a building that directly abuts a public street. For non-residential, all ground level uses shall have a pedestrian entrance located at least every 300 feet or as approved by the Transportation Engineer. c) To provide a six-foot wide sidewalk from the existing sidewalk on Deerfield Parkway to the southeast corner of the major tenant as required by GRTA. d) To provide three vehicular inter-parcel access points on the southern portion of the property. e) The developer shall provide one (1) multi bay bicycle rack at every public store entrance. f) All building entrances shall have a direct connection to the sidewalk network. g) Delete the required 10-foot landscape strip along the south property line to the extent necessary to allow interparcel access and sidewalk connections from adjacent property to the south. (VC07-005, Part 2) h) To allow a loading area within the front yard (Deerfield Parkway) (VC07-005, Part 3) Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 21 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 i) Truck delivery and dumpster pick up shall not occur prior to 7:30 a.m. and not after 7:30 p.m. j) Parking lot lighting shall be Visionaire Lighting Monterey Series architectural/decorative fixtures which are Dark Sky compliant. k) Provide a 10-foot landscape parking island for every 5 parking spaces and at the end of every parking bay or as may be approved by the City of Milton Arborist. l) Property owner shall maintain the right-of-way free of litter on Deerfield Parkway from SR 9 to the entrance of Avensong subdivision from issuance of the Land Disturbance Permit throughout the life of the development. m) Maintain the 100-foot wide natural undisturbed buffer replanted where sparsely vegetated along the eastern property line and allow for access along the eastern side of the major tenant as required by the City of Milton Fire Marshall and GRTA, monument sign at Deerfield Parkway entrance sidewalks, retaining walls and detention facilities. No part of any building may be located within this buffer. Eliminate the 10 improvement setback adjacent to the 100-foot buffer where no existing trees will be impacted. n) Provide an eight (8) foot high solid wood or masonry wall along the east property line adjacent to the multi-family developments. This fence may be erected on the adjacent property, if needed, outside of the required buffer. o) Minimum of 25% of trees planted in landscape strips shall be 4” caliper and 25% of trees planted in the interior of the development shall be 3” caliper. 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required by the City of Milton Traffic Engineer and the Georgia Department of Transportation to: Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 22 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 i. Provide at least 11.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. ii. Provide construction of an additional four (4) feet of paving adjacent to curb for future on-street bicycle lane across the eastern frontage of Cumming Highway (SR9). Re- striping of SR 9 for bike lane to be performed by the City of Milton or Georgia Department of Transportation at such time bike lane is needed. iii. Provide a six (6) foot wide sidewalk immediately adjacent to (within 2 feet) and along all right-of-ways, with such sidewalk a minimum of five feet from back of curb where feasible as approved by the Director of Community Development. All new sidewalk installations along the rights-of-ways shall have a transverse double row of faux concrete brick pavers every 50 feet and this standard shall apply to new sidewalk installations adjacent to the right-of-ways in both Phase 1 and Phase 2 of this development. iv. Add a four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. v. Dedicate a minimum of 55 feet of right-of-way from the center of Cumming Hwy (SR9). vi. Provide adequate right-of-way dedication for addition of the following elements on the SR 9 and Deerfield Parkway intersection: a. SB Left Turn Lane on Cumming Hwy (SR9) b. NB Right Turn Lane on Cumming Hwy (SR9) c. WB Left Turn Lane on Deerfield Pkwy vii. Installation of a new decorative mast arm (Model #Valmont spec: F283A for Mast Arm and Valmont Spec:F283A for Pedestrian Pole, see cut sheets attached) traffic signal at the corner of Deerfield Pkwy and Cumming Hwy (SR9) prior to a C.O. as approved by the Transportation Engineer. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 23 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 . viii. Installation of the following transportation infrastructure: a) Addition of SB Left Turn Lane on Cumming Hwy (SR9) at Deerfield Parkway. b) Addition of NB Right Turn Lane on Cumming Hwy (SR9) at Deerfield Parkway. c) Addition of WB Left Turn Lane on Deerfield Pkwy at SR 9. d) Addition of WB Left-Turn Lane on Deerfield Pkwy at new access drive. e) Addition of EB decel Lane on Deerfield Pkwy at new access drive. f) Add auxiliary lane along the property frontage on SR 9 from new full access driveway to Deerfield Parkway, with necessary striping. g) Add left-turn lane at new access point on SR 9. ix. Provide design and installation of all other GRTA Notice of Decision recommendations per Appendix A and B. a) All throat lengths of driveways on SR 9 shall be at least 200 feet and provide one inbound and two outbound lanes for the entire throat length. c) The throat length of the driveway on Deerfield Parkway shall be at least the 95th percentile queue for length or 100 feet, whichever is greater, with one inbound lane and two outbound lanes. d) One full access driveway on SR 9 and one full access driveway on Deerfield Parkway. e. The Developer/owner shall install a bus shelter on Deerfield Parkway property frontage, as approved by Public Works Department in coordination with MARTA or the Transit Planning Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 24 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Board at such time a bus route is planned adjacent to property. Any proposed designs shall be reviewed by the City of Milton Design Review Board. 5. To the owner’s agreement to abide by the following: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions at each point of discharge from the property. In addition, the engineer shall study the impact of the project on downstream properties and drainage systems. The water quality and detention facilities shall utilize earthen embankments and be naturalistic in their design with appropriate and prescribed landscaping. Detention facilities may also utilize underground piping storage if needed. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 25 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development have provided the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Fulton County Health Department: Comments: The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. This facility must comply with the Fulton County Clean Indoor Air Ordinance. Since this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations. Water and Wastewater (Sewer): In reviewing the above referenced zoning application, the Water Services Department of Fulton County has no objections to the proposed development. Gravity sewer is currently accessible to the site that is requesting zoning. City of Milton Fire Marshal: Fire could be affected by a heavy traffic volume that would increase, the response time to this area. Potentially, water consumption would also increase, thus putting more strain on our water distribution system. Due to the increase of vehicular and pedestrian traffic, call volume would also increase. Access around the buildings appears to be adequate at this time. City of Milton Police Department: Possible increase in traffic congestion and vehicle crashes. Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 26 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Appendix B Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 27 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 28 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 29 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 30 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 31 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 32 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 33 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 34 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 35 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 36 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 37 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 TRAFFIC SIGNAL MAST ARM Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 38 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 PEDESTRIAN SIGNAL Prepared by the Community Development Department for the Mayor & City Council Meeting on November 15, 2007 11/29/2007 Page 39 of 39 RZ07-007/VC07-005 R/A 84Z-223 R/P 84Z-224 A City of MiRon 13000 Deeriield Parkway. Suite 107. Milton, Georgia 30004 ClN COUNCIL AGENDA ITEM TO: City Council DATE: November 29,2007 FROM: Interim City Manager AGENDA ITEM: RZ07-011, To rezone from C-1 (Community Business) and 0-1 (Ofice-Institutiod) to 0-1 (Ofice-Institutional) to develop a 140,000 square foot office building with a maximum height of 4 stories. MEETING DATE: Thursday, December 6,2007Regular 'Meeting BACKGROUND INFORMA TION: (Attach addttfonalpages ~fnecessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()YES RNO CITY ATTORNEY REVSEW RE QUlRED: ()YES NNO APPROVAL BY CITY ATTORNEY (3 APPROVED () NOTAPPROVED PLACED ON AGENDA FOR: 12 el, 07 REMARKS: PETITION NUMBER(S): RZ07-011 PROJECT NAME Webb Road Office Building PROPERTY INFORMATION ADDRESS Webb Road DISTRICT, LAND LOT 2/2 1048 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING O-I (Office & Institutional) Z94-116 & C-1 (Community Business) Z97-076 PROPOSED ZONING O-I (Office & Institutional) ACRES 9.286 EXISTING USE Undeveloped PROPOSED USE 4 story office building – 140,000 square feet OWNER Windward Way LLC, Southeastern Partners Realty LLC, MCMT LLC. ADDRESS 5665 Highway 9, Suite 103-329, Alpharetta, GA 30004 PETITIONER/REPRESENTATIVE John McMillan PHONE 770-751-9171 INTENT To rezone from C-1 (Community Business) and O-I (Office & Institutional) to O-I (Office & Institutional) to develop a 140,000 square foot, 4 story office building at a density of 15,076.46 square feet per acre. Seventy-five (75) percent will be general office and twenty-five (25) percent will be medical office. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 1 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 CITY OF MILTON PLANNING COMMISSION APPROVAL CONDITIONAL (Requested applicant to go before the DRB prior to the MCC) 4-3 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 2 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 LOCATION MAP 11/29/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 Page 3 of 25 CURRENT ZONING MAP 11/29/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 Page 4 of 25 SITE PLAN – Revised Site Plan, October 22, 2007 11/29/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 Page 5 of 25 SUBJECT SITE (From Webb Road looking South) Looking north from site toward The Preserve at Windward Village Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 6 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 SUBJECT SITE: The subject site is located south of Webb Road and north of SR 9 (Cumming Hwy). It is currently zoned O-I (Office & Institutional) pursuant to Z94-116 and C-1 (Community Business) pursuant to Z97-76 on the eastern portion of the site. The site is currently undeveloped except for the existing access via Devine Way (private drive) from SR 9. There are existing retail and office uses just to the south of the site. Within the site is a blue line stream which requires a 50 foot undisturbed buffer and an additional 25 foot pervious setback. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. 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 office development is suitable based on the existing O-I (Office & Institutional) to the west pursuant to Z94-116 approved at 1,572 square feet per acre and a height of 2 stories and Z05-029 to the east approved at 12,844.32 square feet per acre and a height of 2 stories. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may have a reasonable economic use as currently zoned. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities and utilities but this should be mitigated with the Recommended Conditions. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 7 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed O-I (Office & Institutional) zoning is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Office Proposed use/density: 4 Story Office Building / 15,076.46 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Office for the surrounding properties to the east and west to the subject site and Retail Commercial to the south along SR 9. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is partially consistent with the following Plan Policies: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Existing trees, particularly specimen trees and trees along road frontages should be preserved. • To the extent possible, open space should be incorporated into all developments. F. 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? Existing zonings of office and commercial on the subject site and surrounding properties and adopted land use policies support this request for Office & Institutional to develop an office building; however, existing zoning conditions restrict the height to 2 stories. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 8 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 G. 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? Staff notes that the proposed rezoning will have a minimal impact on the environment and natural resource, but the recommended conditions will help mitigate the impact. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 14 00Z-151 MIX (Mixed Use) The Preserve at Windward Village Townhomes -2.10 units/acre Single Family Attached – 1.02 Single Family Detached - .46 North 15 03Z-081 MIX (Mixed Use) Undeveloped Office/commercial uses 2,228.14 sq.ft./acre for retail and/or office & 1,662.79 sq.ft./acre for office / 67,000 sq. ft. of retail and 50,000 sq.ft. of office Further Northeast 16 00Z-151 MIX (Mixed Use) The Park at Windward Village Townhomes -2.10 units/acre Single Family Attached – 1.02 Single Family Detached - .46 Further Northeast 1 03Z-185 C-1 (Community Business) Deerfield Place-Phase 1 9,552.93 sq.ft./acre 299,293 sq.ft. East 17 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. East 18 06Z-051 O-I (Office & Institutional) I.Q. Academy 2,000 sq. ft within existing structure East 19 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. Further east 20 05Z-029 O-I (Office & Institutional) Undeveloped 12,844.32 sq.ft./acre Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 9 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 Pending Z07-018 42,900 sq.ft. 2 stories Further east 20a 0Z-090 Pending Z07-018 C-1 (Community Business) Undeveloped 8,653.9 sq.ft./acre 18,000 sq.ft. 1 story Further east 3 86Z-219 C-1 (Community Business) Re-Max Realty Office 8,000 sq.ft./acre Further East 4 04Z-030 C-2 (Commercial) Katy’s Car Wash 3,935.97/sq.ft./acre 3,995 sq.ft. 2 stories East 5 85Z-213 C-1 (Community Business) Fulton Feed & Seed Not Specified East 6 06Z-026 C-1 (Community Business) Firestone Tire Store 6,387.67sq.ft/acre 7,250 sq.ft. East 7 Z97-075 O-I (Office & Institutional) Nationwide Insurance Office Office in existing structure Southeast 8 88Z-211/U88-47 C-1 (Community Business) First Academy Day Care 3,163 sq.ft./acre Southeast 9 Z93-019 C-1 (Community Business) Staton Heating & Air 8,724 sq.ft./acre South 11 Z97-76 C-1 (Community Business) Windward Shopping Center 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further South 2 73Z-001 C-1 (Community Business) Walmart Shopping Center and various businesses None Stated Further South 2a 06Z-049 C-1 (Commercial) Cactus Car Wash 5,405.41 sq.ft./acre 6,000 sq. ft. West 12 Kroger Shopping Center City of Alpharetta N/A West 13 06Z-073 06U-012 MIX (Mixed Use) and Use Permit Undeveloped 13,000 sq.ft./acre 82,860 sq.ft. 2 stories Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 10 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 EXISTING USES AND ZONING MAP 11/29/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 Page 11 of 25 SPECIMEN TREES ON SITE 11/29/2007 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 Page 12 of 25 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district will allow office and institutional uses but not at the density or configuration that the applicant is requesting. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning is suitable for the subject site if it is developed at a maximum height of 2 stories. This will ease the transition from the office to the residential to the north. In addition, the policy for the subject site is for a height of 2 stories, pursuant to Z97-076. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed request would not create an isolated zoning district. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The effect of the proposed zoning, if developed with the recommended conditions, would be minimal to the zoning district or the SR 9 Overlay District. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? If approved with the recommended conditions, the proposed zoning would be consistent with past policy on the site and be more in keeping with the nearby residential and non-residential development in the area. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? The subject site contains a blue line stream that requires 50 feet of undisturbed buffer as well as a 25 foot impervious setback. This area will help minimize runoff, soil erosion, and flooding, while improving air quality and water quality. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 13 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning as submitted is consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area if approved with the recommended conditions. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. Staff is of the opinion that if approved at a maximum height of 2 stories, the proposed office will create a transition from commercial to the south to residential to the north. The required stream buffer will also create a natural buffer between the office and the residential uses. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There are currently several approved zonings and land use classifications in the general area of the subject site that are similar to the proposed rezoning. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 22, 2007, Staff offers the following considerations: BUILDING SETBACKS The following building setbacks are required for the proposed O-I (Office & Institutional) development: Front (Webb Road) – 40 feet Side (East Property line) – 20 feet Side (West Property line) – 20 feet Rear (South Property line) – 25 feet Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 14 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 The site plan indicates that the office building is located 10 feet from the east property line. It appears that if the building is reconfigured it could meet the minimum side building setback. BUILDING HEIGHT The applicant has proposed a four (4) story office building. The current zoning pursuant to Z97-076 was approved for a maximum of two (2) stories. Also, Board policy for the surrounding commercial and office zonings limits buildings to 2 stories in height. Therefore, Staff will condition the height of the building to 2 stories, not to exceed 30 feet from average grade. LANDSCAPE STRIPS AND BUFFERS Front (Webb Road) – 20 foot landscape strip Side (East property line) – 10-foot landscape strip planted to buffer standards pursuant to Z97-076, VC97-126) Side (West Property line) – 10-foot landscape strip Rear (South Property line) – 10-foot landscape strip It appears that the site plan meets or exceeds the required landscape strips. LOT COVERAGE It appears that the footprint of all buildings and parking will not exceed 70 percent of the total land area. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided • Office & Institutional • 3 spaces per 1,000 sq. ft. of 300 (100,000 sq.ft. of office) general office (300) (40,000 sq.ft. of medical 4 spaces per 1,000 sq.ft. of 160 Office) medical office (160) Total 460 spaces required 460 spaces provided Staff notes that the applicant is providing 460 parking spaces, which meets the required 460 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan is in compliance with the landscape and layout requirements of Article 12G.4. Section F. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 15 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 City of Milton Arborist Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were located: 28” Oak 43” Double Sweetgum tree. It appears that they are within the proposed parking lot. PUBLIC INVOLVEMENT On October 24, 2007 a Community Zoning Information Meeting was held at the Milton City Hall. There were approximately two members of the community in attendance that were interested in the subject site. Public Comment: Staff has received one e-mail from representatives of the Regency at Windward Square community, opposing the requested development because of increased traffic in the area. It is attached to this report. The applicant will be meeting with the representative prior to the Mayor & City Council Meeting. City of Milton Design Review Board Meeting – November 4, 2007 The applicant was not able to attend and therefore no comments were made regarding the project but will be attending the December 4, 2007 meeting for a courtesy review. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Webb Road. The notice of rezoning was sent to adjacent property owners on November 10, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report seven days prior to the Mayor and City Council meeting. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 16 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 CONCLUSION The proposed development is consistent with Plan Policies and Board Policy for the development of O-I (Office & Institutional) to develop an office building. The petitioner’s request for four stories is inconsistent with Board policy on the site as well as for surrounding developments where the height of buildings is limited to 2 stories. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ07-011 with a height limit of two stories. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 17 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O-I (Office & Institutional) 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) Office and Institutional and accessory uses, at a maximum density of 15,076.46 gross floor area per acre zoned or a total gross floor area of 140,000 square feet, whichever is less. b) Limit the height of the building to no more than 2 stories or 30 feet from average grade. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 22, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Provide a 10-foot landscape strip planted to buffer standards along the east property line adjacent to AG-1 (Agricultural) (97VC-126). b) Provide at least one pedestrian entrance for each side of a building that directly abuts a public street. c) All building entrances shall be connected to the sidewalk network. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 18 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 d) Provide turning radius large enough for WB-50 vehicles to access all buildings on site. Use AutoTurn to show turning movements. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve the necessary Right of Way along the necessary property frontage of Webb Road and SR 9, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right of Way Ordinance. The sidewalk/trail shall be located at the back of the reserved Right of Way. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required by the Transportation Engineer for Milton and GDOT to: i. Provide at least 10.5 feet of right-of-way from the back of curb (or edge of pavement for rural areas) of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. ii. Overlay and striping for full width of Webb Road the length of property lines plus any additional taper lengths necessary or as approved by the Transportation Engineer for Milton and GDOT iii. Provide as a minimum 55 feet of right-of-way from centerline on Cumming Hwy (SR9). Provide 45 feet of right-of-way from centerline of Webb Road. iv. Provide adequate right-of-way dedication for addition of the following elements on Webb Road: a. EB Right turn lane into property b. WB Left turn lane into property v. The adequate right-of-way dedication for SR 9 shall be determined by the signal warrant analysis. vi. Provide easements along Webb Road where required for sidewalks, as required by the Community Development Director. Provide six foot wide concrete sidewalk along the entire frontage of the property with a minimum 5 foot grass strip between the sidewalk and the back of curb and all new sidewalk installations along the Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 19 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 rights-of-ways shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Community Development Director. c. Provide motorized Inter parcel access to all adjoining properties as required by the Transportation Engineer for Milton. Provide additional non- motorized Inter parcel trails or sidewalks as may be required by the Transportation Engineer for Milton. d. Signal warrant analysis shall be preformed at the intersection of SR 9, Eastern Windward Way Commercial driveway, and Eastern Wal-Mart driveway. The signal analysis shall be submitted and analyzed by GDOT. i. If a signal is warranted, a new decorative mast arm traffic signal at the intersection of SR 9, Eastern Windward Way driveway, and Eastern Wal-Mart driveway shall be installed and dedicated prior to a C.O. as approved by the Transportation Engineer for Milton and GDOT. The applicant is required to meet with and coordinate his improvements with the developers on all sides of his improvements. Signalized intersections shall not be designed as a split phase operation because of poor alignment or sight distance as approved by the Transportation Engineer for Milton and GDOT. ii. If a signal is warranted, access at existing Western Windward Way Commercial driveway shall be a right in/right out and a section of median required on SR 9 and as approved by the Transportation Engineer for Milton and GDOT. e. Gates are not allowed. f. For office uses, a minimum of 1 car/vanpool or rideshare dedicated area for 50 spaces. For all uses, a minimum of 1 bicycle space for every 10 parking spaces with 1/3 to be covered spaces. g. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. Driveway entrances shall provide for the 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of one hundred feet at a maximum grade of six percent or as approved by the Transportation Engineer for Milton and GDOT. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 20 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 i. The driveway located off of Webb Road shall be allowed to be offset from utility drive on the opposite side of Webb Road as shown on October 10, 2007 site plan. The intersection angle and driveway design shall meet the City of Milton design standards to be approved by the Transportation Engineer for Milton. ii. The Webb Road driveway shall be a right/left in, left out, and right out driveway. This 3 lane queue length shall extend a minimum of 100’ or the 95% queue length, whichever is greater, of uninterrupted flow within the site. Driveway location and design shall be approved by Traffic Engineer for Milton and GDOT. iii. The existing driveways on SR 9 shall be evaluated by the Transportation Engineer for Milton and GDOT in response to the signal warrant analysis. 5. To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. b. The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. c. The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d. Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 21 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. City of Milton Arborist Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were located: 28” Oak 43” Double Sweetgum tree. It appears that they are within the proposed parking lot. Transportation/Hydrology: Comments: A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention and water quality area locations Transportation Facilities: Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 22 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 Mitigation Required from Project Impacts: Webb Road dedicated eastbound right and westbound left turn lanes are required at proposed Webb Road site driveway. The Webb Road driveway shall be a right/left in, left out, and right out driveway. This 3 lane queue length shall extend a minimum of 100’ or the 95% queue length, which ever is greater, of uninterrupted flow within the site. Driveway location and design shall be approved by Traffic Engineer for Milton and GDOT. Signal warrant analysis shall be preformed at Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 23 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 the intersection of SR 9, Eastern Windward Way Commercial driveway, and Eastern Wal-Mart driveway. The signal analysis shall be submitted and analyzed by GDOT. Comments: The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. City of Milton Fire Marshal: Traffic congestion could slow response times down in the area and the number of calls for service could increase with the number of employees in the building. Fire lanes will have to be maintained around building. No other comments as long as three sides of access are accessible with required road width and the two access roads are maintained. Milton Public Safety Commercial developments do not impact law enforcement for service as great as residential. However, with increased traffic congestion calls for accidents could increase. Only continued growth in the city will lead to need for additional officers. Fulton County Public Works Department - Sewer The applicant can sewer his property two ways. The property has been owned prior to 2006 and does touch Highway 9. He can put the building on the property were it is shown and pump from the basement, but he can not move it west to the adjoining property. In looking at the depth, the sewer can gravity flow to the gravity system installed on Howard Carson’s near Highway 9. (This is not the section going to the pump station.) Going by gravity would be much more expensive. Fulton County Health Department The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. This facility must comply with the Fulton County Clean Indoor Air Ordinance. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. Plats for combination of lots must be submitted to this department for review and approval. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 24 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 25 of 25 RZ07-011 R/P Z97-076 R/A Z94-116 /" City of Milton 13000 Deerfield %hay, Suite 107, Milton. Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29, 2007 FROM: Interim City Manager AGENDA ITEM: R207-018NO7-0091 VC07-010, To rezone from C-1 (Community Business) and 0-1 (Offtce- Institutional) to C-l (Community Business) to develop a 5,700 square foot retail commercial building and a Use Permit (Article I9.4.41(1))for a 3 story (less than 40 feet) 110,000 square foot climate controlled self storage faciIity and a 2-part concurrent variance to 1) To locate the refuse ma adjacent to the street (Article 12G.4.B.4)and 2)To allow parking islands every 1 lTH space instead of every 5THspace (Article 4.23.2). MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMATION: (Aitach additronal pages rf necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED (1 NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()YES @ CITY ATTORNEY REVIEW REQUIRED: 0 YES o@ APPROVAL BY CITYATTORNEY (1 APPROVED 6) NOT APPROVED PETITION NUMBER(S): RZ07-018 U07-009 VC07-010 PROJECT NAME WEBB ROAD CLIMATE CONTROLED SELF STORAGE/RESTAURANT PROPERTY INFORMATION ADDRESS 2935, 2925 Webb Road DISTRICT, LAND LOT 2/2 1047, 1048 OVERLAY DISTRICT State Route 9 Overlay EXISTING ZONING O-I (Office-Institutional) 05Z-029 & C-1 (Community Business) 00Z-090 PROPOSED ZONING C-1 (Community Business) ACRES 2.62 EXISTING USE Scattered Single Family Residences PROPOSED USE Restaurant and Climate Controlled Self Storage OWNER Webb Road Associates, LLC ADDRESS 2915 Webb Road, Milton, GA 30004 PETITIONER/REPRESENTATIVE Ken Morton PHONE 770-475-3138 INTENT To develop a 5,700 square foot restaurant and a Use Permit (Article 19.4.41(1)) for a 3 story (less than 60 feet) 110,000 square foot climate controlled self storage facility at 44,160 square feet per acre and a 2-part concurrent variance to 1) To locate the refuse area adjacent to the street (Article 12G.4.B.4) and 2) To allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 1 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ07-018 - APPROVAL CONDITIONAL U07-009 – APPROVAL CONDITIONAL VC07-010, PARTS 1 & 2 – DENIAL CITY OF MILTON PLANNING COMMISSION RECOMMENDATION RZ07-018 - APPROVAL CONDITIONAL U07-009 – APPROVAL CONDITIONAL VC07-010, PARTS 1 & 2 – DENIAL 5-2 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 2 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 3 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 4 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SITE PLAN – Revised Site Plan October 24, 2007 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 5 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SUBJECT SITE Looking north from site Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 6 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SPECIMEN TREES ON SITE Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 7 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 SUBJECT SITE: The subject site is located at the southwest corner of Webb Road and SR 9 (Cumming Hwy). It is currently zoned C-1 (Community Business) pursuant to 00Z- 090 located on the eastern portion of the site and O-I (Office-Institutional) pursuant to 05Z-029 and is currently undeveloped except for single family residences/office. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. 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 commercial development is suitable based on the existing C-1 (Community Business) approved on the subject site as well as non residential zonings and development surrounding the site. However, the requested height is not suitable in view of adjacent and nearby property based on current policy to allow up to 2 stories in height pursuant to Z05- 029 (a portion of the subject site) approved at 12,844.32 square feet per acre and not to exceed 2 stories and 00Z-090 (subject site) approved at 8,653.9 square feet per acre and not to exceed 1 story. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property may have a reasonable economic use as currently zoned. D. 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? Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 8 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 It is Staff’s opinion that the proposed use may cause increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed C-1 (Community Business) zoning district is partially consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. A brief description of the project is noted below. Focus Fulton 2025 Land Use Plan Map: Office and Retail Service Proposed use/density: 5,700 sq.ft. restaurant & 110,000 sq.ft. climate controlled self storage facility / 44,160 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail Service on the majority of the site and Office for the surrounding properties to the west along Webb Bridge Road. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is partially consistent with the following Plan Policies: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Building heights should be compatible with the surrounding area and/or be consistent with transitional policies and other land use policies. • Existing trees, particularly specimen trees and trees along road frontages should be preserved. • To the extent possible, open space should be incorporated into all developments. F. 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? Existing zonings of C-1 (Community Business) on the subject site and surrounding properties and adopted land use policies support this request Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 9 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 for a 5,700 square foot restaurant but is partially inconsistent with the proposed 110,000 square foot climate controlled self storage facility but at a maximum height of 2 stories based on policy of the existing zoning on the site that conditions the site to 2 stories. G. 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? Staff notes that the proposed rezoning will have some impact on the environment and natural resources but the recommended conditions will help mitigate the impact. Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area North 15 03Z-081 MIX (Mixed Use) Undeveloped office/commercial uses 2,228.14 sq.ft./acre for retail and/or office & 1,662.79 sq.ft./acre for office / 67,000 sf of retail and 50,000 sf of office Further North 16 00Z-151 MIX (Mixed Use) The Park at Windward Village 2.1 u/a Townhomes 1.02 u/a single family attached 0.46 u/a for detached single family Northeast 1 03Z-185 C-1 (Community Business) Deerfield Place-Phase 1 Under Development 9,552.93 sq.ft./acre 299,293 sq.ft. Southeast 2 73Z-001 C-1 (Community Business) Walmart Shopping Center and various businesses None Stated South 2a 06Z-049 C-1 (Commercial) Cactus Car Wash 5,405.41 sq.ft./acre 6,000 sq. ft. South 3 86Z-219 C-1 (Community Business) Re-Max Realty Office 8,000 sq.ft./acre South 4 C-2 (Commercial) 3,935.97/sq.ft./acre Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 10 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 04Z-030 Katy’s Car Wash 3,995 sq.ft. 2 stories South 5 85Z-213 C-1 (Community Business) Fulton Feed & Seed Not Specified Further South 6 06Z-026 C-1 (Community Business) Firestone Tire Store 6,387.67sq.ft/acre 7,250 sq.ft. Further South 7 Z97-075 O-I (Office-Institutional) Nationwide Insurance Office Office in existing structure Further South 8 88Z-211/U88-47 C-1 (Community Business) First Academy Day Care 3,163 sq.ft./acre Southwest 9 Z93-019 C-1 (Community Business) Staton Heating & Air 8,724 sq.ft./acre Southwest 11 Z97-76 C-1 (Community Business) Windward Shopping Ctr 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further Southwest 12 Kroger Shopping Center City of Alpharetta N/A Further West 13 06Z-073 06U-012 MIX (Mixed Use) and Use Permit Undeveloped 13,000 sq.ft./acre 82,860 2 stories Further West 10 Z94-116 Pending RZ07-011 O-I (Office-Institutional) Undeveloped 1,572 sq. ft./acre 2 stories Further West 10 Z97-76 Pending RZ07-011 C-1 (Community Business) Undeveloped 14,048 sq.ft./acre 88,500 sq. ft. 2 stories Further Northwest 14 00Z-151 MIX (Mixed Use) The Preserve at Windward Village 2.10 u/a 1.02 u/a single family attached 0.46 u/a for detached single family West 17 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. West 18 06Z-051 O-I (Office-Institutional) I.Q. Academy 2,000 sq. ft within Existing structure West 19 AG-1 (Agricultural) Single-Family Residential 1 unit/acre 1,500 sq.ft. West 20 05Z-029 O-I (Office-Institutional) Undeveloped 12,844.32 s.f./acre 42,900 sq.ft. 2 stories Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 11 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 12 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning district will allow retail service uses for the proposed restaurant on the east portion of the property but not for the climatized storage at the density or configuration that the applicant is requesting. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed zoning is suitable for the subject site if it is developed at a maximum height of 1 story for the restaurant. The proposed climate controlled self storage should be developed at a maximum height of 2 stories to create a transition from the subject site to adjacent properties that have been developed or approved at one story. In addition, the policy for the subject site is for a height of 2 stories pursuant to 05Z-029. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed request would not create an isolated zoning district. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? The effect of the proposed zoning, if developed with the recommended conditions, would be minimal to the zoning district or the SR 9 Overlay District. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? If approved with the recommended conditions, the proposed zoning would be consistent with past policy on the site and be more in keeping with the nearby residential and non-residential development in the area. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Staff notes that the proposed rezoning may have an impact on the environment because of the increased amount of impervious surface Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 13 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 over the site’s previous use as being undeveloped. If developed with recommended conditions, the impacts will be mitigated. N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning as submitted is partially consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan for the area if approved with the recommended conditions. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. Staff is of the opinion that if approved at a maximum height of 2 stories, the proposed climate controlled self storage will create a better transition from commercial to other non-residential and multi-family to the north. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There are currently approved zonings and land use classifications in the general area of the subject site that are similar to the proposed rezoning. 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 Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions and the Use Permit requirements of Article (Article 19.4.41(1)) of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 14 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Commercial uses and higher density residential developments are limited to areas designated in the Comprehensive Plan and Land Use Map. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed climate controlled self storage facility is expected to be compatible with other land uses nearby in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use may increase the amount of vehicular traffic, but the impact should be mitigated with the recommended conditions. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 1 parking space per every 5,000 square feet and 1 parking space per employee. The applicant is proposing 23 parking spaces located in front of the building along Webb Road. The proposed parking meets the minimum required amount of parking. F. The amount and location of open space; The applicant’s site plan indicates a minimal amount of open space because of the high density of the development proposed for the site. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 15 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 G. Protective screening; The proposed development will retain most of the existing trees located in the stream buffer. The parking areas can be screened by additional vegetation, as required by the City Tree Ordinance. H. Hours and manner of operation; The applicant has indicated that building will be used during regular business hours. I. Outdoor lighting; The applicant has indicated that the site lighting will comply with Highway 9 Overlay requirements. J. Ingress and egress to the property. The applicant’s site plan proposes one curb cut on State Route 9 (No left turn permitted onto SR 9) and one on Webb Road. The Webb Road curb cut is located across from the existing curb cut on the north side of Webb Road. In summary, the proposed Use Permit is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and development standards required by Article 19.4.41(1) if approved with the recommended conditions to limit the height of the building to 2 stories. Therefore, Staff recommends this petition, U07-009 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 24, 2007, Staff offers the following considerations: BUILDING SETBACKS The following building setbacks are required for the proposed C-1 (Community Business) development: Front (State Route 9) – 40 feet Side Corner (Webb Road) – 40 feet Side (South Property line) – 0 feet Rear (West Property line) – 25 feet Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 16 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 The site plan indicates the compliance with the required building setbacks. BUILDING HEIGHT The applicant has requested a one story restaurant on the eastern portion of the site. This is consistent with Board policy on the site and will be reflected in the recommended conditions. The applicant has proposed a three (3) story climate controlled storage facility. The current zoning pursuant to 00Z-090 was approved for a maximum of one story and further to the west on the subject site 05Z-029 was approved for 2 stories. Also, Board policy for the surrounding commercial and office zonings do not exceed 2 stories in height. Therefore, Staff will condition the height of the self storage facility to 2 stories not to exceed 30 feet from average grade. LANDSCAPE STRIPS AND BUFFERS Front (State Route 9) – 20 foot landscape strip (Per State Route 9 Overlay) Side Corner (Webb Road) – 20 foot landscape strip (Per State Route 9 Overlay) Side (South Property line) – 10-foot landscape strip Rear (West Property line) – 10-foot landscape strip It appears that the site plan meets or exceeds the required landscape strips. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Restaurant (5,700 sq.ft.) Minimum Requirement 10 spaces per 1,000 sq. ft. of restaurant (57 spaces) Spaces Provided 68 Provided for Restaurant Self Storage (110,000 sq.ft. ) 1 per 5,000 sq.ft. (22) 1 per employee (1) 23 Provided for storage Total 115,700 sq.ft 80 spaces required 91 spaces provided Staff notes that the applicant is providing 91 parking spaces, which exceeds the required 80 parking spaces required per Article 18 of the City of Milton Zoning Ordinance. Specifically, the site plan does not exceed the minimum for the storage facility but is exceeding the required parking for the restaurant by 11 spaces. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 17 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 The applicant is requesting a concurrent variance to allow parking islands every 11TH space instead of every 5TH space (Article 4.23.2). The site plan shows a total of 68 parking spaces. To meet the requirement per Article 4.23.2, an additional 6 spaces are required. By providing the required landscape islands, a total of 62 spaces will remain. The applicant has not demonstrated a hardship that is not self imposed. Therefore, Staff recommends DENIAL of Part 2, VC07-010. OTHER CONSIDERATIONS Article 12G.4.B.4 in the SR 9 Overlay District requires refuse areas to be placed in the least visible location from public streets. The site plan shows the refuse area enclosed within the building that fronts Webb Road. This location is not consistent with the required location. It is Staff’s opinion that the applicant could relocate the refuse area to the side or rear of the building. Therefore, Staff recommends DENIAL of Part 1, VC07-010. The site plan is in compliance with the State Route 9 Overlay District development standards. It is also compliant with the Use Permit standards pursuant to Article 19.4.41(1). CITY ARBORIST Need to demonstrate an effort to save the three specimen trees in the northeast corner of the property. PUBLIC INVOLVEMENT On October 24, 2007 the Community Zoning Information Meeting was held at the Milton City Hall. There were approximately two members of the community in attendance that were interested in the subject site. Public Comment: Staff has received 1 e-mail which represents the Regency at Windward Square in opposition to the requested development because of increased traffic in the area. It is attached to this report. City of Milton Design Review Board Meeting – November 4, 2007 This case was not reviewed by the DRB, but will be reviewed at the December 4, 2007 meeting. Public Notice Requirements The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 18 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 the frontage of Webb Road. The notice of rezoning was sent,to adjacent property owners on November 10, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed development is consistent with Plan Policies and Board Policy for the development of C-1 (Community Development) to develop a restaurant and climatized self storage. The petitioner’s request for four stories is inconsistent with Board policy on the site as well as for surrounding developments that limit the height of buildings to 2 stories. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ07-011 but to limit the height to 2 stories. Staff recommends DENIAL of Parts 1 and 2 of VC07-010 based on the fact that the applicant has not demonstrated a hardship that is not self imposed. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 19 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O-I (Office-Institutional) 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) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 44,160 gross square feet per acre zoned or a total of 115,700 square feet excluding fast food restaurants and drive throughs. b) 110,000 square foot climate controlled self storage excluding businesses operating within the facility, truck rentals, and no outside storage. (U07-009) c) Limit the height of the 5,700 square foot building to no more than 1 story. d) Limit the height of the 110,000 square foot climate controlled self storage to 2 stories and 30 feet in height to the eave. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on October 24, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 20 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 3) To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Reserve the necessary Right of Way along the necessary property frontage of Webb Road and SR 9, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right of Way Ordinance. The sidewalk/trail shall be located at the back of the reserved Right of Way. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required by the Transportation Engineer for Milton and GDOT to: i. Provide at least 10.5 feet of right-of-way from the back of curb (or edge of pavement for rural areas) of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. ii. Provide at least 5 feet of right-of-way for future construction of a standard bicycle lane across the frontage of Cumming Hwy (SR9) for limits of overlay as approved by the Transportation Engineer for Milton and GDOT. c. Provide as a minimum 55 feet of right-of-way from centerline on Cumming Hwy (SR9). Provide 45 feet of right-of-way from centerline of Webb Road. d. Provide adequate right-of-way dedication for addition of the following elements on Webb Road: i.WB Left Turn Lanes on Webb Road at both driveways ii. EB Right auxiliary lane along the entire property frontage on Webb Road with necessary striping. iii. Easements where required shall be provided for sidewalks, as required by the Community Development Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 21 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Director. Provide six foot wide concrete sidewalk along the entire frontage of the property with a minimum 5 foot grass strip between the sidewalk and the back of curb, as approved by the Community Development Director. e. Provide adequate right-of-way dedication for addition of the following elements on SR 9: i) SB Right auxiliary lane along the entire property frontage on SR 9 with necessary striping ii. Provide motorized Inter parcel access to all adjoining properties as required by the Transportation Engineer for Milton. Provide additional non-motorized Inter parcel trails or sidewalks as may be required by the Transportation Engineer for Milton. iii. Installation and dedication of a new decorative mast arm traffic signal at the intersection of Webb Road and Cumming Highway (SR 9) prior to a C.O. as approved by the Transportation Engineer for Milton and GDOT. The applicant is required to meet with and coordinate his improvements with the developers on all sides of his improvements. Signalized intersections shall not be designed as a split phase operation because of poor alignment or sight distance as approved by the Transportation Engineer for Milton and GDOT. iv. Gates are not allowed. v. Shall utilize pervious materials for perimeter parking spaces or as approved by the Transportation Engineer. vi. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. Driveway entrances shall provide for the 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of one hundred feet at a maximum grade of six percent or as approved by the Transportation Engineer for Milton and GDOT. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 22 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 vii. Driveway access on SR 9 to be permitted by the Transportation Engineer for Milton and GDOT. viii. Easements where required shall be provided for sidewalks, as required by the Community Development Director. Provide six foot wide concrete sidewalk along the entire frontage of the property with a minimum 5 foot grass strip between the sidewalk and the back of curb new sidewalk installations along the rights-of-ways shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Community Development Director. 4) To the owner’s agreement to abide by the following: a. The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. Locations shall be as approved by the Stormwater Engineer. b. The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. c. The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d. Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 23 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. City of Milton Arborist Heavily wooded site with a stream running across the NW corner. Two (2) specimen trees were located: 28” Oak 43” Double Sweetgum tree. It appears that they are within the proposed parking lot. Transportation: Comments: A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention and water quality area locations Transportation Facilities: Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 24 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Mitigation Required from Project Impacts: Webb Road dedicated eastbound right and westbound left turn lanes at both proposed site driveways. Shared site entrance with southern parcel on Cumming Highway (SR 9) shall be a right/left in, left out, and right out driveway. This 3 lane queue length shall extend a minimum of 100’ uninterrupted flow within the site. Driveway location and design shall be approved by Traffic Engineer for Milton and GDOT. Comments: The proposed mitigation conditions of zoning are in accordance with the Right of Way Ordinance Section 3.2.d. Hydrology: Types of detention proposed: City of Milton Fire Marshal: Fire department access has to be maintained in any commercial structure above 30 feet. Approved Access roads will have to be maintained at all times. The fuel load in the storage facility could increase water usage in cases of a fire. Milton Public Safety Commercial developments do not impact law enforcement for service as great as residential. However, with increased traffic congestion calls for accidents could increase. Only continued growth in the city will lead to need for additional officers. Fulton County Health Department The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 25 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 This facility must comply with the Fulton County Clean Indoor Air Ordinance. Since this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction. The owner must obtain a food service permit prior to opening. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. Plats for combination of lots must be submitted to this department for review and approval. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 26 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 27 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 28 of 28 RZ07-018/U07-009/VC07-010 R/P 05Z-029 R/A 00Z-090 < -City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30MJ4 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29,2007 FROM: Interim City Manager AGENDA ITEM: RZ07-019l U07-0101 VC07-011, To rezone from C-I (Community Business) to 0-1 (Ofice-Institutional) to develop 23,000 square feet of ofice. The applicant is also requesting a Use Permit to exceed the district height, Article 19.4.27,to allow the building to be constructed at a maximum height of 70 feet that includes an underground garage and 3 stories of ofice. To request a 3-part concurrent variance to 1) To reduce the side setback from 20 feet to 15 feet along the north property line (Article 8.1.3.C.); 2) To reduce the 25- hot non-impervious buffer, to alIow approximate1y 6,O10 sq.R. of encroachment to allow parking on pervious pavement(Ciby Code Chapter 14, Sect.6.5.(i); 3)To reduce the 50-foot undisturbed stream buffer to allow approximately 675 sq.ft. of encroachment to allow parking on pervious pavement (City Code Chapter 14, Sect 6.5 (ii)). MEETING DATE: Thursday, December 6,2007 Regular Meeting BACKGROUND INFORMA TION: (Attach add!t!onai pages tf necessaty) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: CITY ATTORNEY REVtEW REQUIRED: () YES () YES )$NO FANO APPROVAL BY CE TY ATTORNEY PLACED ON AGENDA FOR: ()APPROV \'L 0b ED O7 I) NOTAPPROVED REMARKS: PETITION NUMBER(S) RZ07-019 U07-010 VC07-011 PROJECT NAME Charter Global PROPERTY INFORMATION ADDRESS 12800 Deerfield Parkway DISTRICT, LAND LOT 2/2 114,113 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) Z00-025 PROPOSED ZONING O-I (Office & Institutional) ACRES 3.04 EXISTING USE Undeveloped PROPOSED USE 3 story office building with underground parking OWNER Charter Global, Inc. ADDRESS 5445 Triangle Parkway, Suite 190, Norcross, GA 30092 PETITIONER/REPRESENTATIVE Wendy S. Butler, W. Butler Legal Services, LLC ADDRESS 11330 Lakefield Drive, Building II, Suite 200, Johns Creek, GA 30097 PHONE 770.814.4255 INTENT To rezone from C-1 (Community Business) to O&I (Office & Institutional) to develop a 23,000 square foot, three story office building, with an underground parking garage, at a density of 7,565.79 square feet per acre. The applicant is requesting a Use Permit (Article 19.4.21) to allow the proposed building to be constructed at a height of 70 feet. The applicant is also requesting a three-part concurrent variance: 1) To reduce the side setback from 20 feet to 15 feet along the north property line; 2) To encroach into the 50 foot stream bank buffer by approximately 675 square feet to allow pervious parking; 3) To encroach into the 75 foot impervious setback by approximately 5,701 square feet to allow pervious parking. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 1 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL -- RZ07-019 APPROVAL CONDITIONAL -- U07-010 APPROVAL CONDITIONAL -- VC07-011, Parts 1-3 CITY OF MILTON PLANNING COMMISSION APPROVAL CONDITIONAL -- RZ07-019 APPROVAL CONDITIONAL -- U07-010 APPROVAL CONDITIONAL -- VC07-011, Parts 1-3 7-0 Planning Commission asked that the applicant protect trees and pervious surfaces as much as possible. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 2 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 3 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 4 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 REVISED SITE PLAN – November 13, 2007 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 5 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Subject Site (Looking from Deerfield Pkwy) Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 6 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Specimen Trees on Subject Site Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 7 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 SUBJECT SITE: A 3.04 acre site currently zoned C-1 (Community Business) pursuant to Z00-025 approved for retail, service commercial, and or office, and accessory uses at a density of 5,197.37 square feet per acre or a total of 15,800 square feet, whichever is less. The site is currently vacant. It is wooded and contains an unnamed creek which flows along the southern property line, eventually draining into Lake Deerfield. The subject property is currently bordered by O&I zoned properties to the north and south and C-1 properties to the west. The property is part of the planned development of Lake Deerfield, and is subject to covenants of the development. The property is also subject to the State Route 9 Overlay District regulations. Standards of Review (Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. 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 office development is suitable based on: 1. The existing O&I (Office & Institutional) zoning to the north, pursuant to Z99-011 approved at 19,191square feet per acre and 6 stories. 2. The existing O&I (Office & Institutional) zoning to the south, pursuant to Z97-123 approved at 13,000 square feet per acre and 6 stories. 3. The existing O&I (Office & Institutional) zoning to the east, pursuant to Z97-098 approved at 11,500 square feet per acre and 4 stories. 4. The existing C-1 (Community Business) zoning to the west, pursuant to Z73-001. No density stated. The original rezoning for this site was approved in 2000, for a 15,800 square foot building, at 5,197.37 square feet per acre with no height restriction. The applicant is currently proposing a 23,000 square foot building, at a density of 7,565.79 square feet per acre. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 8 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development will not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property does have a reasonable economic use as currently zoned as it is zoned C-1 (Community Business). D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities and utilities but should be mitigated with the Recommended Conditions. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed O&I (Office & Institutional) zoning is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan. The subject property is located along the west side of Deerfield Parkway, north of Morris Road, which the Comprehensive Plan discusses as being appropriate for Retail and Service uses. It is the opinion of the Staff that the proposed use and its proximity to other service, commercial and office uses lends itself to the desired retail and service composition of the area and complies with the policies of the Comprehensive Plan. Focus Fulton 2025 Land Use Plan Map: Retail & Service Proposed use/density: 3 Story Office with parking under building/7,565.79 square feet per acre The Focus Fulton 2025 Land Use Plan Map suggests Retail and Service for the surrounding properties along the Deerfield Parkway corridor south of Webb Road, and north of Windward Parkway. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 9 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on November 21, 2006. The proposed development is consistent with the following Plan Policies: • Developments in the Retail and Service land use should provide inter-parcel access within and between land uses to improve transportation circulation and increase pedestrian safety. The development proposes interparcel access to the property to the North. • Direct business to areas throughout the City that are targeted for economic growth. The proposed building is in a planned office/retail/commercial center. • Encourage development that improves air quality and protects human heath and the environment. The proposed development will utilize pervious parking and possibly a green roof. • The transportation system should incorporate automobile, transit when available, bicycle, pedestrian facilities. The proposed development is on an existing bus route and includes existing sidewalks. F. 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? Existing zonings of community business on the subject site and to the west, and of office and institutional to the north , south, and east, as well as adopted land use policies support this request to develop an office building. G. 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? Staff notes that the proposed rezoning will have some impact on the environment and natural resources, but materials proposed by the applicant and the recommended conditions will help mitigate the impact. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 10 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Development Name Approved Density (sq ft per acre)/ Max Square Feet of Bldg North 1 Z-93-011 U99-008 (to exceed height) O&I (Office & Institutional) Undeveloped 19,191/223,000 Six stories East 2 Z97-098 O&I (Office & Institutional) Verizon office buildings 11,500/437,000 Four Stories South 3 Z97-123 O&I (Office & Institutional) Marriot Spring Hills Suites hotel 13,000/282,000 Six Stories Southwest 4 Z96-127 C-1 (Community Business) Home Depot 11,625/262,500 Four Stories West 5 Z73-001 C-1 (Community Business) Walmart None Stated Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 11 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 EXISTING USES MAP Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 12 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 H. Suitability of the subject property under the existing zoning district for the proposed use? The existing zoning of C-1 (Community Business) is suitable; however, the building that is currently allowed per RZ00-025 is 7,200 square feet smaller than then proposed building. I. Suitability of the subject property under the proposed zoning district for the proposed use? The proposed use is suitable for the proposed zoning district of O&I (Office and Institutional). This zoning district allows for offices and hotels, which are some of the existing uses surrounding the subject property. J. The possible creation of an isolated zoning district unrelated to adjacent and nearby districts. The proposed rezoning to O&I (Office and Institutional) would not create an isolated district. There are O&I (Office and Institutional) zonings in the immediate vicinity to the north, south and east of the subject property along the Deerfield Parkway corridor. K. Possible effects of the change of the zoning or change in use on the character of a zoning district or overlay district? Staff notes that the proposed change of zoning will not have a negative impact on the character of the State Route 9 Overlay District. The proposed rezoning request will give continuity to Deerfield Parkway corridor, continuing an already existing use. L. Whether the proposed zoning will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations? Staff is of the opinion that the change in the zoning will not be a deterrent to the value of adjacent properties developed or anticipated to be developed under existing regulations. M. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quality? Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 13 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Staff notes that the proposed rezoning may have an impact on the environment because of the increased amount of storm water runoff, and the encroachment of impervious surfaces in the 75 foot impervious setback buffer and the 50 foot stream bank buffer. However, the use of pervious materials for the parking lot, and the recommended conditions should help mitigate any negative impact. N. The relation that the proposed zoning bears on the purpose of the overall Land Use Plan with due consideration given to whether or not the proposed change will carry out the purposes of this Land Use Plan. The proposed rezoning, as submitted, is consistent with the overall Focus Fulton 2025 Comprehensive Land Use Plan which recommends Retail and Service for the subject site. There are commercial, service and office uses adjacent to the subject property. O. The consideration of the preservation of the integrity of residential neighborhoods shall be considered to carry great weight. In those instances in which property fronts on a major thoroughfare and also adjoins an established residential neighborhood, the factor of preservation of the residential area shall be considered to carry great weight. There are no residential uses adjoining the subject property. P. The amount of undeveloped or zoned land in the general area affected which has the same zoning or future land use classification as the proposed rezoning. There is an undeveloped, O&I (Office and Institutional) zoned, 21.3 acre parcel to the north of the subject property, and a 2.35 acre O&I (Office and Institutional) zoned property with an existing hotel, to the south of the subject property. To the east, there is a 43.42 acre, O&I zoned property containing office buildings. All of these surrounding properties fall within the Retail and Service designation on the 2025 Future Land Use Map. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 14 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 In summary, the proposed O&I zoning is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the surrounding C-1 and O&I districts. Therefore, Staff recommends that this petition, RZ07-019 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. Per Article 8.1.3.A, O&I zoning allows four story, 60 foot tall buildings. The applicant is requesting a Use Permit to allow a three story, 70 foot tall office building, with one story of parking underneath the building. While the building technically will be four stories, the parking structure will remain open and embedded in the slope. Only three floors will be occupied by offices. The structure will be 70 feet high from finished grade. Other Use Permits for height increase have been approved in the vicinity of the subject property. Immediately to the north, U99-008 was approved allowing a six story building. To the north of this site, U00-025 was approved allowing a six story building. There are no adjacent residential uses that would be adversely affected by the approval of the height increase. 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 Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions and the Use Permit requirements of Article 19.4.2 of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. • Commercial uses and higher density residential developments are limited to areas designated in the Comprehensive Plan and Land Use Map. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 15 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed office is expected to be compatible with other land uses, and approved use permits allowing six story buildings, in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use may increase the amount of vehicular traffic, but the impact should be mitigated with the recommended conditions. Staff notes that there is an existing sidewalk along the Deerfield Parkway frontage, which will facilitate pedestrian access. Also of note, the subject property is on a current Marta bus line. E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 3 parking spaces per every 1000 square feet, up to 250,000 square feet. The applicant is proposing 75 parking spaces located in front, behind and underneath the building. All parking areas will be located on site, and will consist of pervious paving materials, enhanced by a 6-10 inch gravel base. The proposed site plan shows 675 square feet of pervious parking within the 50 foot undisturbed buffer, and 6,010 square feet of pervious parking in the 75 foot impervious setback. F. The amount and location of open space; The applicant’s site plan indicates that over half of the subject site is undeveloped due to the stream buffers. Staff is of the opinion that the proposed development will provide adequate open. Approximately 52,146 square feet (1.2 acres) will be disturbed on the 3 acre site. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 16 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 G. Protective screening; The proposed development will retain most of the existing trees located in the stream buffer. The parking areas can be screened by additional vegetation, as required by the City Tree Ordinance. H. Hours and manner of operation; The applicant has indicated that building will be used during regular business hours. I. Outdoor lighting; The applicant has indicated that the site lighting will comply with Highway 9 Overlay requirements. J. Ingress and egress to the property. The applicant’s site plan proposes one curb cut on Deerfield Parkway. Staff notes that the curb cut will be located on the adjacent Crescent Resources property to the North. The property is currently undeveloped, so the entrance will be built as part of this development. It is Staff’s opinion that this shared entrance will be a benefit by minimizing interruptions to the flow of traffic along Deerfield Parkway. In summary, the proposed Use Permit is consistent with the policies of the Focus Fulton 2025 Land Use Plan, the existing C-1 district on the subject site, and the surrounding C-1 and O&I districts, and associated Use Permits to exceed the district height. Therefore, Staff recommends this petition, U07-010 be APPROVED CONDITIONAL subject to the attached Recommended Conditions. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on November 6, 2007, Staff offers the following considerations: Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 17 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 BUILDING SETBACKS The site plan indicates compliance with the following zoning district minimum building setbacks pursuant Article 8.1.3: Front Yard (adjacent to Deerfield Parkway) 40 feet Rear Yard (west property line) 25 feet The applicant is requesting approval of a concurrent variance to reduce the north side yard setback from 20 feet to 15 feet. This will allow the proposed building to encroach into the existing 20 foot setback by 5 feet. The property is bounded on the south by a unnamed creek, and its associated buffers. It is Staff’s opinion that this is a reasonable request due to the size, shape and topography of the subject lot, and recommends APPROVAL CONDITIONAL of Part 1 of VC07-011. LOT COVERAGE Per Article 8.1.3.J, the area of the footprint of all buildings and parking shall not exceed 70 percent of the total land area. The proposed development meets this requirement. LANDSCAPE STRIPS AND BUFFERS In addition to the State’s 25 foot stream bank buffer, Chapter 14, Article 6, Section 5, (a) of the City Code, requires that an undisturbed, natural vegetative buffer shall be maintained for 50 feet on both banks of the stream, along with an additional 25 setback, beyond the undisturbed buffer, in which all impervious cover shall be prohibited. Grading, filling and earthmoving shall be allowed, but minimized within this setback. The applicant’s letter of intent states that this site was originally subdivided and planned when the State only required a 25 foot stream buffer, along with a 35 foot stream buffer, required by Fulton County. Faced with constraints due to the shape of the property, and the more restrictive buffers, the applicant states that it is necessary for the proposed parking to encroach into the 50 buffer and 75 impervious setback. The proposed development shows parking encroaching into the 50 foot stream bank buffer by approximately 675 square feet, and parking encroaching into the 75 foot impervious setback by approximately 5,701 square feet. The letter of intent states that the developer has taken every effort to avoid placing any development within the stream Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 18 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 buffers, and wishes to maintain the natural portions of the property wherever possible. To minimize the disturbance to the buffer, pervious concrete will be used for all parking areas, creating a 93 percent pervious area. In the effort to further minimize disturbance of the buffer, the applicant also proposes a large retaining wall along the northern property line and underground parking. Article 12G.4 Section A.1 of the State Route 9 Overlay District requires a twenty (20) foot-wide landscape strip along Deerfield Parkway. Article 12G.4 Section A.3 further states that for every thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. Although the site plan does not indicate the 20 foot landscape strip along Deerfield Parkway, there appears to be adequate area and existing trees to meet this requirement. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Type of Use spaces / 1000 sf Approx. Project sf Spaces Required Spaces Provided Office 3 23,000 69 75 Totals 23,000 69 75 Staff notes that the applicant is proposing 75 parking spaces, which are six (6) over (8.6%) of the parking spaces required per Article 18 of the City of Milton Zoning Ordinance. While, the least amount of parking is encouraged, Staff notes that all of the proposed parking will be constructed of pervious concrete, and that 20 spaces will be located under the proposed building. Due to the applicant’s efforts to minimize surface runoff on the entire site, and the constraints of the property, Staff recommends APPROVAL CONDITIONAL OF Part 2 of VC07-011, and APPROVAL CONDITIONAL OF Part 3 of VC07-011. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 19 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 OTHER CONSIDERATIONS There is no on-site detention proposed for this site; any runoff from this site will be routed to Lake Deerfield. The pervious concrete proposed for the paving is designed to minimize the amount of oil and sediment that will enter the stream. Most of the oil, anti-freeze, and other automobile fluids that can be washed into streams when it rains will be picked up by the “first flush” (the first one inch of rainfall). By capturing the first flush and allowing it to percolate into the ground, the pervious concrete allows soil chemistry and biology to “treat” the polluted water naturally. City Arborist Comments: The Arborist notes that this is a very nice, wooded site, with sloping topography, adjacent to a stream. There is a very good mix of hardwood tress, small to mature in size. There appears to be only one specimen tree located on the site, a 30 inch tulip poplar. The Arborist suggests that the applicant tries to incorporate green design elements as much as possible. Staff notes that prior to issuance of a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review the plans. PUBLIC INVOLVEMENT On October 24, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. No one attended this meeting. Public Comments – None at this time. City of Milton Design Review Board Meeting – November 6, 2007 The following comments were made by the DRB: • The proposed building seems too big for the site. • Consider giving development a wooded campus feel. • Save as many hardwoods as possible. • Consider making parking more freeform—work around trees, eliminate curb. • Consider a building that is not square. Public Notice Requirements Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 20 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 The rezoning petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Deerfield Parkway. The notice of rezoning, use permit and concurrent variances was mailed to adjacent property owners on November 8, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed O&I (Office and Institutional) development is consistent with the policies and intent of the Focus Fulton 2025 Comprehensive Land Use Plan and consistent with recent Board Policy, therefore, Staff recommends that this request to rezone to O&I (Office and Institutional) be APPROVED CONDITIONAL. Further, Staff recommends APPROVAL CONDITIONAL OF U07-010, as well as APPROVAL CONDITIONAL of PARTS 1, 2 and 3 of VC07-0011. A set of Recommended Conditions are included if the Mayor and City Council chooses to approve the proposed development as submitted. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 21 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED O&I (Office and Institutional) 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) Office and institutional and accessory uses, at a maximum density of 7,565.79 gross floor area per acre zoned or a total gross floor area of 23,000 square feet, whichever is less, but excluding hotels. b) Limit the height of the building to no more than 70 feet, consisting of 3 stories above grade, and one story of parking below grade (U07- 010) 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on November 13, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) Reduce the side setback from 20 feet to 15 feet along the north property line. (VC07-011, Part 1) b) To allow approximately 675 square feet of pervious parking to encroach into the 50 foot stream bank buffer (VC07-011, Part 2) c) To allow approximately 5,701 square feet of pervious parking to encroach into the 75 foot impervious setback (VC07-011, Part 3). Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 22 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 d) To utilize pervious materials for all above ground parking areas, as shown on the revised site plan submitted November 13, 2007. e) The developer shall provide one (1) bicycle space or slot per every 10 parking spaces. f) All building entrances shall have a direct connection to the sidewalk network. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Reserve the necessary Right of Way along the necessary property frontage of Deerfield Parkway, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the Right of Way Ordinance. The sidewalk/trail shall be located at the back of the reserved Right of Way. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required by the Transportation Engineer for Milton to: i. Provide at least 10.5 feet of right-of-way from the back of curb (or edge of pavement for rural areas) of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. ii. Overlay and striping for full width of Deerfield Parkway the length of property lines plus any additional taper lengths necessary or as approved by the Transportation Engineer for Milton. c) Motorized Inter parcel access is required on the north property line by the Transportation Engineer for Milton. d) The applicant is required to meet with and coordinate his improvements with the developer on the north side of his improvements. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 23 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 e) For office uses, a minimum of 1 car/vanpool or rideshare dedicated area for 50 spaces. For all uses, a minimum of 1 bicycle space for every 10 parking spaces with 1/3 to be covered spaces. f) Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton. Driveway entrances shall provide for the 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of one hundred feet at a maximum grade of six percent or as approved by the Transportation Engineer for Milton. g) Connection to shared driveway shown on November 13, 2007 Site plan is not acceptable as it does not meet design guidelines. i. Access to shared drive will be allowed at 95th percentile queue for the combined condition with future development or one hundred feet, which ever is greater. ii. Interparcel access at stub out on future development located approx 200’ from Deerfield Parkway shown on November 13, 2007 site plan is acceptable for shared driveway connection location. 6) To the owner’s agreement to abide by the following: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions. b) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. c) The Developer should utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d) Provide a maximum 75 percent impervious, per drainage basin, at maximum build-out. e) Provide water quality and channel protection required storage volumes before discharge into creek. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 24 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development have provided the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. City of Milton Fire Marshal: Fire could be affected by a heavy traffic volume that would increase, the response time to this area. Potentially, water consumption would also increase, thus putting more strain on our water distribution system. Due to the increase of vehicular and pedestrian traffic, call volume would also increase. Access around the buildings appears to be adequate at this time. City of Milton Police Department: Possible increase in traffic congestion and vehicle crashes. Hydrology Comments: A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the LDP plans, after said concept meeting. Staff notes that the submitted site plan states that the hydrology for this site was included in the original hydrology design for Deerfield and that Stormwater management facilities are already installed in Lake Deerfield. The hydrology will be verified and studied with the LDP plans. Transportation Facilities: Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 25 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Fulton County Health Department The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. This facility must comply with the Fulton County Clean Indoor Air Ordinance. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. Plats for combination of lots must be submitted to this department for review and approval. Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 26 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 27 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 28 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 29 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 30 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 Prepared by the Community Development Department for the Mayor & City Council Meeting on December 13, 2007 11/29/2007 Page 31 of 31 RZ07-019 U07-010 VC07-011 R/A Z00-025 @D -e City of Milton 13000 kfield Pahay, Suite 107,Milton, Georgia 30W CITY COUNCIL AGENDA ITEM TO: City Council 'DATE: November 29,2007 FROM: Interim City Manager AGENDA ITEM: U07-0061 VC07-013, To request a Use Permit (Article 19.4.27) For a 1,890 sq. ft. existing building for a landscape business and a 3-Part Concurrent Variance to 1) Reduce the 50-foot setback to 40 feet along the east property line (Article 5.1.3.D.); 2) Reduce the 5Q-foot buf'fer and 10-foot improvement setback to a 10-foot landscape strip planted to buffer standards along the east property line (Article 12.H.C.1) and 3) Reduce the 50-foot buffer and 10-foot improvement setback 20 a 15 foot landscape strip planted to buffer standards dong the south property line. (Article 12.H.C.l) MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMA PION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY ClTY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES HNO CITY ATTORNEY REVIEW REQUIRED: ()YES $NO APPROVAL BY CITYATTORNEY () APPROVED (1 NOT APPROVED PETITION NUMBER(S): U07-006 VC07-013 PROJECT NAME JVS Landscaping & Lawn Care, Inc. PROPERTY INFORMATION ADDRESS 14972 Hopewell Road DISTRICT, LAND LOT 2/2, 618/619 OVERLAY DISTRICT Northwest Fulton Overlay EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING N/A ACRES 2.52 Acres EXISTING USE Single Family Residence PROPOSED USE Landscaping Business (Article 19.4.27) OWNER Michael L. Crifasi ADDRESS 270 Bruton Way, Atlanta, GA 30342 PETITIONER/REPRESENTATIVE Jeff Ver Steegh ADDRESS 785 Stratforde Drive Alpharetta, GA 30004 PHONE (404) 483-2494 INTENT To request a Use Permit for a landscaping business operation, to use an existing “Quonset” garage (42’ x 45’) towards the rear of the subject property for the storage of equipment and landscaping trucks at an overall density of 750 square feet per acre. Additionally, the applicant requests a three part concurrent variance; Part 1: To reduce the 50’ setback along the eastern property line to a 40’ setback (Article 19.4.27.B.3). Part 2: To reduce the 50’ buffer and 10’ improvement setback to a 10’ buffer along the eastern property line (Article 12 H. 3.1.C.1). Part 3: To reduce the 50’ buffer and 10’ improvement setback along the southern property line to a 15’ buffer (Article 12H.3.1.C.1) Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 1 of 20 UP07-006/VC07-013 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION U07-006 – Approval VC07-013 Part 1 – Approval Conditional VC07-013 Parts 2 & 3 – Denial CITY OF MILTON PLANNING COMMISSION MEETING U07-006 – Denial VC07-013 Parts 1-3 – Denial 6-1 Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 2 of 20 UP07-006/VC07-013 LOCATION MAP Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 3 of 20 UP07-006/VC07-013 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 4 of 20 UP07-006/VC07-013 SITE PLAN – September 18, 2007 Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 5 of 20 UP07-006/VC07-013 SUBJECT SITE – PHOTO Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 6 of 20 UP07-006/VC07-013 SUBJECT SITE - PHOTO SUBJECT SITE: The subject site is a 2.52 acre tract of agriculturally zoned land, located on the western side of Hopewell Road. The subject site was a fairly recently subdivided parcel of land with a 42’ x 45’ “Quonset” garage located on the subject property. The plan is to eventually build a residential use on the property, though no definitive timeframe has been established for this particular development activity. It is located within the Agricultural, Forestry and Mining Land Use designation on the Focus Fulton 2025 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 7 of 20 UP07-006/VC07-013 Existing uses and zoning of nearby property (See Map following table) Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East 1 AG-1 (Agricultural) Champions View S/D 1 unit/acre 3,000 sq.ft. East 2 AG-1 (Agricultural) Scattered Single Family Homes 1 unit/acre 2,500 sq.ft. South 3 AG-1 (Agricultural) Scattered Single Family Homes 1 unit/acre 2,500 sq.ft. West 4 AG-1 (Agricultural) Stratford Estates at Hopewell 1 unit/acre 3,000 sq.ft. North 5 AG-1 (Agricultural) Northfield S/D 1 unit/acre 3,000 sq.ft. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 8 of 20 UP07-006/VC07-013 EXISTING USES AND ZONING MAP Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 9 of 20 UP07-006/VC07-013 Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 10 of 20 UP07-006/VC07-013 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 Article 19.2.4 of the Zoning Ordinance; Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: A. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: Provided the applicant complies with the Recommended Conditions of this petition and the Use Permit requirements of Article 19.4.27. of the Zoning Ordinance, the proposed development is consistent with the intent and following policies of the Comprehensive Plan: • Encourage compatible institutional uses in neighborhoods and communities. • Encourage development consistent with the surrounding scale, transition of densities and uses, and Comprehensive Plan policies, where appropriate. B. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; If developed in accordance with Staff’s Recommended Conditions and the provisions of the Zoning Ordinance, the proposed landscaping business is expected to be compatible with other land uses in the surrounding area. C. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; The proposed use does not violate any known local, state and/or federal statutes, ordinances or regulations governing land development. However, Staff has observed construction debris (curbing, concrete, etc) on the site. Per the Georgia Environmental Protection Division, is considered an inert landfill. The applicant has stated that it will be used to “fill” an area that will be the base for his driveway. D. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; The proposed use will not generate a significant increase in traffic. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 11 of 20 UP07-006/VC07-013 E. The location and number of off-street parking spaces; Article 18.2.1 requires the applicant to provide a minimum of 5 parking spaces for the proposed development. Article 19.4.10 requires the applicant to locate parking outside of the minimum 60-foot front yard building setback. The applicant’s site plan indicates 3 parking spaces which do not meet the requirements set out by Article 18.2.1 and is located outside the 60-foot front yard building setback. It appears that there is sufficient room to locate 2 additional parking spaces. F. The amount and location of open space; The applicant’s site plan indicates that approximately two-thirds of the subject site is undeveloped. Staff is of the opinion that the proposed development will provide adequate open space for the proposed development. G. Protective screening; If developed in accordance with the requirements of the Zoning Ordinance and the Northwest Fulton Overlay District, the buffer and landscape strip requirements and the existing screening around the structures will provide adequate screening for the proposed development. H. Hours and manner of operation; The applicant indicates the landscaping business activities relate simply to the storage of two landscaping trucks and associated equipment within the existing Quonset garage location. The applicant indicates two landscaping trucks will leave the site around 8:00 AM and return to the property approximately at 5:00 PM. Minimal disturbance will occur related to operational activities associated with the proposed use permit. A total of two crews with two employees per crew are currently employed for the operation with no plans for occupational expansion. I. Outdoor lighting; At the time of Land Disturbance Permit the site shall be in compliance with Article 12H.3.4 of the Northwest Fulton Overlay District regarding outdoor lighting. Staff notes that the subject site’s required buffers, and existing screening, will help mitigate the impact of lights on the adjacent properties. J. Ingress and egress to the property. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 12 of 20 UP07-006/VC07-013 The applicant’s site plan indicates one curb cut on Hopewell Road. Staff notes that the curb cut currently exists and that the applicant is not requesting any additional curb cuts. Given the limited use of the subject site, Staff is of the opinion that the proposed development will have limited impact upon the traveling public. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on September 18, 2007, Staff offers the following considerations: Northwest Overlay District BUILDING SETBACKS The AG-1 (Agricultural) district requires the following building setbacks: Front - 60 feet along Hopewell Road Sides – 25 feet along the south and north property lines Rear – 50 feet along the west property line The existing garage is in compliance with the district setback standards. The Use Permit for a landscaping business requires all use areas/structures other than parking and pedestrian walkways should be located a least 50 feet from adjacent AG-1 or residential zoning districts. Along the eastern property line labeled “L6” the garage encroaches into the 50 foot setback. The applicant is requesting a concurrent variance to allow this encroachment. It is Staff’s opinion that because of the configuration of the lot and that based on the minor subdivision plat that this line is recognized as a minimum 25-foot side building setback, that Part 1 of VC07-013 should be APPROVED. BUILDING HEIGHT Article 12H.3.5 Section D.1 of the Northwest Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The applicant’s letter of intent indicates only a garage will be in located on the property related to the use permit request where its 15’ vertical height will not jeopardize the Overlay District requirement standards. LANDSCAPE STRIPS AND BUFFERS Article 12H.3.1 Section C.1 of the Northwest Overlay District requires a fifty (50) foot-wide undisturbed buffer, with a 10’ improvement setback, shall be located Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 13 of 20 UP07-006/VC07-013 adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. The applicant is requesting a reduction from a 50-foot buffer and 10-foot improvement setback to a 10-foot buffer along the eastern property line. Secondly, the applicant is requesting a reduction of the 50-foot buffer and 10-foot improvement setback to a 15 foot buffer along the south property line. Staff recommends maintaining a 50 foot buffer along the southern property line adjacent to the Quonset garage and removing the existing boulders place near the property line to help ensure new plant material growth and stability. The entrance driveway into the development should be reconfigured to provide ingress/egress access into the garage via the northern side of the garage area. It is Staff’s opinion that the proposed reductions would have a negative impact on adjacent property owners and would not provide adequate protection. Therefore, Staff recommends DENIAL of Parts 2 & 3 of VC07-013. In light of the presence of significant concrete rubble and large stone material on the northern portion of the subject property, the property is classified as an inert landfill under Georgia EPD guidelines, where a 100’ landscaping buffer shall be provided along the northern and western property lines. PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed use: Proposed Use Minimum Requirement Spaces Provided • Landscaping Business • 3 spaces per 1,000 sq. ft. of • 0 spaces (1,890 sq. ft.) building area. (5 spaces) Total 5 spaces required 0 spaces provided Staff notes that the applicant had not shown any parking spaces. It appears that there is adequate area to provide the required five (5) parking spaces required per Article 18 of the City of Milton Zoning Ordinance. It also appears that the site plan can meet the layout requirements of Article 12H.3.1 Section B. PUBLIC INVOLVEMENT On October 24th, 2007 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one in attendance from the community voicing concern about the use proposal requested. The applicants presented their plan to the Milton Design Review Board on November 6th, 2007. Public Comments – Staff has received two phone calls from adjacent property owners in opposition to the landscaping business. At the Planning Commission meeting there were approximately three people in support of the petition and Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 14 of 20 UP07-006/VC07-013 five people who were in opposition to the request. The applicant will be meeting with these neighbors to try to resolve any issues they have with the petition prior to the City Council meeting. City of Milton Design Review Board Meeting – November 6, 2007 The following recommendations were made by the DRB: • Point 1 – The Milton Design Review Road indicated their charge of looking at aesthetic design options in courtesy reviews did not apply related to the existing garage being on the site. City Arborist Structure is located about 70 feet from the south property line. Cut has occurred up to the 25 foot point. There is a 25-foot existing vegetated buffer remaining with large boulders at the edge working as a retaining wall. Between the boulders and the building is gravel parking. No trees or shrubs can be planted in this area without removing the parking. The north property line was not located by observing a rear property fence; it appears the applicant has cleared up to the property line in this area. No specimen trees were located at this site. Public Notice Requirements The use permit petition was advertised in the Milton Herald on November 21, 2007 and the sign was installed before the required date of November 7, 2007 along the frontage of Hopewell Road. The notice of rezoning was sent, to adjacent property owners, on November 10, 2007. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant will be required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The proposed landscaping business is consistent with Council and Plan Policies and compatible with the surrounding area, if developed in accordance with the requirements of the Zoning Ordinance and Staff’s Recommended Conditions. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed Use Permit for a landscaping business and APPROVAL CONDITIONAL to Part 1 of VC07-013 to reduce the 50 foot setback to 40 feet. Staff recommends DENIAL of Parts 2 & 3 of VC07-013 since the proposed reductions in buffers would not provide adequate protection for adjacent properties to the east and the south. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 15 of 20 UP07-006/VC07-013 Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 16 of 20 UP07-006/VC07-013 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a landscaping business (Article 19.4.27.) 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) The landscaping business activities to be confined within the existing garage structure. No modifications will be made to the exterior of the structure other than general maintenance activities. b) Total square footage of all structures on the subject property shall not exceed 1,890 gross square feet, or a density of 750 square feet per acre. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on September 18, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit or Certificate of Occupancy, whichever comes first. 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) Reduce the 50’ setback along the eastern property line to a 40’ setback to the extent necessary to allow the existing structure to comply (Part 1 VC07-013). 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) No more than one (1) exit/entrance on Hopewell Road. Curb cut location and alignment are subject to the approval of the Milton Traffic Engineer. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 17 of 20 UP07-006/VC07-013 b) Reserve Right-of-Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right-of-Way Ordinance. c) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-or-way as may be required to: (i) Provide at least 10.5 feet of right-of-way from the back of curb/edge of pavement of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. d) Driveway entrances and roads shall meet the Public Works Department Policies and AASHTO guidelines. 5) To the owner’s agreement to abide by the following: a) The developer’s Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should greater than 5000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre- development conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. A maintenance agreement is required to be recorded for such item used. c) Septic tank to be pumped out prior to Certificate of Occupancy. d) Exterior bulk storage areas shall be protected from erosion and detailed on the Building Permit/Land Disturbance Plan. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 18 of 20 UP07-006/VC07-013 APPENDIX A Comments on Public Services and Utilities Note: Various City and/or County departments that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant’s conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved are required to complete the City of Milton Plan Review process prior to the commencement of any construction activity. Transportation: Road name: Hopewell Road Classification: Arterial Comments: • City to verify sight distance from proposed entrance/exit at Hopewell Road for safety and if deemed necessary provide a third-party verification. Sight Distance would be certification by a Professional Engineer in a third-party orientation. Drainage: Disturbed Area: less than 5,000 square feet Impervious Area: less than 5,000 square feet Hydrology: Comments: • Vegetative water quality items needed. • A concept Stormwater meeting with the Stormwater Engineer is required. The design and layout shown with the rezoning site plan may or may not meet all minimums required by the City and GASWMM state rules. Detailed design shall be shown on the Land Disturbance Permit plans, after said concept meeting. Staff notes that the submitted site plan shows likely inadequate detention area locations. City of Milton Fire Marshal: Comments: • May need to provide approved fire department access road to garage and acceptable turn-around location. Fulton County Health Department This department recommends that the applicant be required to connect the proposed development to public water available to the site. Due to the inaccessibility of public sewer to serve the proposed development, this department recommends that individual onsite sewage management systems be utilized. However, the “Design Limits for Conventional or Chamber Septic Tank Systems” for County Health Departments as defined by Georgia Department Natural Resources (DNR) are limited by size and subsurface introduction of effluents. Onsite sewage management systems having a septic tank capacity of greater than ten thousand (10,000) gallons, or where the total length of absorption trenches required, would exceed three thousand (3000) linear feet, or where the Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 19 of 20 UP07-006/VC07-013 total absorption trench bottom area required would exceed nine thousand (9000) square feet, will be governed by and placed under the statutory authority and jurisdiction of the Department of Natural Resources. Since this proposed development constitutes a premise where people work, live, or congregate, onsite sanitary facilities will be mandatory, prior to use or occupancy. Since this development would utilize an onsite sewage management system, the owner must obtain approval from this department prior to issuance of a building permit and before building construction or renovation. This facility must comply with the Fulton County Clean Indoor Air Ordinance. Although this proposed development is recommended to utilize individual onsite sewage management system, this department requires a permit to construct the system and complete soil percolation data, determined acceptable by the Health Department prior to installation. Although this proposed development is recommended to utilize an individual onsite sewage management system, this department requires a permit to construct the system and complete soil and percolation data, determined acceptable by the Health Department prior to issuance of a building permit. This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval. Prepared by the Community Development Department for the Mayor & City Council Meeting December 13, 2007 11/29/2007 Page 20 of 20 UP07-006/VC07-013 A City of Milton 13000 Deerfield Parkway, Suite f07, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29,2007 'FROM: Interim City Manager AGENDA ITEM: RZ07-017, Zoning Ordinance to delete 19.3.1 Alternative Antenna Support Structure to exceed the District Height. Amend Articles 19.3 & 19.4 to reflect the City of Milton MEETING PATE: Thursday, December 6,2007 Regular Meeting BACKGROUND INFORMA TION: (Attach add~tronaipages if necessary) See attached memorandum APPROVAL BY ClTY MANAGER: () APPROVED OTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: YES 0 NO CITY ATTORNEY REVIEW REQUIRED: 0 NO APPROVAL BY ClTY ATTORNEY ()APPROVED I) NOT APPROVED PLACED ON AGENDA FOR: Dcrc~W.JT~L dhurtR{ REMARKS: ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 ARTICLE XIX Administrative Permits and Use Permits 19.1. SCOPE AND INTENT. This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an Administrative Permit or a Use Permit. The standards which apply to each use are enumerated and must be met in order for an application to be granted. 19.2. APPLICATION AND APPROVAL Uses allowable with an ADMINISTRATIVE PERMIT and the minimum standards for such uses are listed in Section 19.3 of this Article. Uses allowable with a USE PERMIT and the minimum standards for such uses are listed in Section 19.4 of this Article. 19.2.1. APPLICATION OF REGULATIONS. Uses enumerated herein may be authorized by Administrative Permit or Use Permit, as specified. The regulations contained in this Article shall not apply to any Permitted Use in any zoning district. 19.2.2. ADMINISTRATIVE PERMITS. Any use authorized by Administrative Permit shall be approved and permitted by the Director of the Community Development Department whenever the proposed use complies fully with the requirements of the subject property’s zoning district and standards as set forth in Section 19.3. Each requested use for which an Administrative Permit is required shall be assigned an Administrative Permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the Board of Zoning Appeals. In certain cases, conditions are imposed by the Director of the Public Works Department with respect to roadway, water, sewer and/or other infrastructure improvements, and rights-of-way dedications which must be met. 19.2.3. USE PERMITS. CITY OF MILTON ZONING ORDINANCE 19-1 RZ07-017 Text Amendment Deleted: Environment and Any use authorized by Use Permit may be approved by the Mayor and City Council in accordance with standards enumerated under each use (Section 19.2.4) provided: Deleted: Board of Commissioners Deleted: (Amended 11/03/93, 04/05/95, 04/03/02) A. The subject use is allowable in the subject property’s zoning district; B. The standards for the Use Permit as specified in Article 19 can be met, as well as Use Permit Considerations pursuant to Section 19.2.4; C. A public hearing has been held in relation to the Use Permit before the City of Milton Planning Commission and the Mayor and City Council in confor­ mance with the notice standards outlined in Article XXVIII; D. Recommendations have been received from the City of Milton Community Development Department staff and the City of Milton Planning Commission; and E. Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. 19.2.3.1. Applications. Use Permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a Use Permit is required shall be charged a standard Use Permit fee and assigned a Use Permit number which will be listed on the petition for rezoning. A public hearing, notice and evaluation shall be provided in accordance with Article XXVIII for each requested Use Permit. Each request shall be voted on separately, and each Use Permit request submitted as part of a rezoning petition shall be treated independently in the minutes of the Mayor and City Council meeting. 19.2.3.2. Expiration. All Use Permits shall expire within three (3) years from the date of approval by the Mayor and City Council or as otherwise conditioned unless a Land Disturbance Permit, Building Permit, Business License or Certificate of Occupancy has been issued Requests for extensions shall be made in accordance with the standards for extensions contained in Article XXVIII. (Amended 6/5/91) 19.2.3.3. Re-application. The same or substantially similar petition for a Use Permit which has been denied by the Mayor and City Council shall not be resubmitted to the Community Development Department for a period of 6 months from the date of the denial. 19.2.3.4. Variances. Variances to Use Permit standards contained in Section 19.4 for receiving a Use Permit may be considered by the Mayor and City Council concurrently with a Use Permit petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be CITY OF MILTON ZONING ORDINANCE 19-2 RZ07-017 Text Amendment Deleted: (Amended 04/05/95) Deleted: Fulton County Community Zoning Board Deleted: Fulton County Board of Commissioners Deleted: Fulton County Environment and Deleted: Fulton County Community Zoning Board Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: the Environment and Deleted: Board of Commissioners assigned a variance number, charged a standard variance fee and be listed on the Use Permit petition as a Concurrent Variance in accordance with Article XXII, APPEALS, Section 22.9. 19.2.3.5. Accessory Uses. Structures and land may be used for uses customarily incidental to any approved use. 19.2.4. 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 which requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following: (1) Whether the proposed use is consistent with the Comprehensive Land Use Plan and/or Economic Development Revitalization plans adopted by the Mayor and City Council; (2) Compatibility with land uses and zoning districts in the vicinity of the property for which the Use Permit is proposed; (3) Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development; (4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; (5) The location and number of off-street parking spaces; (6) The amount and location of open space; (7) Protective screening; (8) Hours and manner of operation; (9) Outdoor lighting; and (10) Ingress and egress to the property. In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. CITY OF MILTON ZONING ORDINANCE 19-3 RZ07-017 Text Amendment Deleted: (Amended 04/03/02) Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: (Amended 12/04/91, 04/05/95, 02/07/96)¶ Deleted: Board of Commissioners 19.2.5. ADDITIONAL RESTRICTIONS. Any use may be authorized by Administrative Permit or Use Permit shall comply with all other City regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a 10-foot improvement setback in accordance with Section 4.2.3. The reduction of said setback shall be subject to the approval of the Department of Community Development in accordance with Article 22. Whenever a standard contained in this section is in conflict with another provision of this Ordinance, the more restrictive provision shall prevail. Unless otherwise specified, standards, conditions and stipulations attached to a Use Permit by the Mayor and City Council shall supersede conflicting zoning conditions approved on the same site. ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 CITY OF MILTON ZONING ORDINANCE 19-4 RZ07-017 Text Amendment Deleted: County Deleted: Environment and Deleted: Resolution Deleted: Board of Commissioners ARTICLE XIX Section 19.3 Administrative Permits 19.3. MINIMUM ADMINISTRATIVE PERMIT STANDARDS. 19.3.1. ALTERNATIVE ANTENNA SUPPORT STRUCTURE TO EXCEED THE Formatted: Strikethrough DISTRICT HEIGHT (Added 03/5/97, Amended 05/17/06) RESERVE (Alternative Antenna Support Structure to Exceed the District Height deleted) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in unincorporated Fulton County. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. A. Required Districts: All B. Standards: 1. Alternative structures are not allowed as an accessory to a single family use or as a principal use in a single family district. 2. Alternative structures must be set back a distance equal to the height of the structure adjacent to residential and/or AG-1 zoned property unless said structure is proposed to be located on an existing building. 3. Above ground equipment shelters shall be surrounded by a minimum 10-foot wide landscape strip planted to buffer standards unless the Fulton County Arborist determines that existing plant materials are adequate. 4. Roof top antennas and associated structures shall not project more than 10 feet above roof line. 5. Height shall not exceed 130 feet measured from the finished grade CITY OF MILTON ZONING ORDINANCE 19-5 RZ07-017 Text Amendment Formatted: Font: Bold Formatted: Strikethrough of the base structure. 6. The alternative structure shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Alternative structures which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 7. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 8. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 9. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 10. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 11. A telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the county in writing of any intent to abandon the use of the tower. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood CITY OF MILTON ZONING ORDINANCE 19-6 RZ07-017 Text Amendment plain or delineated wetlands. 19.3.1(1) AMATEUR RADIO ANTENNA TO EXCEED THE DISTRICT HEIGHT. (See Use Permit 19.4.5)(Added 07/07/93) INTENT. It is the intent of this Article to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements City of Milton’s governmental interests in land planning, aesthetics and public safety by requiring the following standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a Use Permit (See 19.4.5) 3. All antennas shall be set back from all property lines 1/3 the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner’s primary dwelling or structure. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. 7. All guy wires must be anchored on site and outside of right-of-way. 19.3.1(2) ANTENNA, TOWER, AND ASSOCIATED STRUCTURES (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT (TITLE AMENDED 3/6/91, AMENDED 03/05/97, 05/17/06) INTENT CITY OF MILTON ZONING ORDINANCE 19-7 RZ07-017 Text Amendment Deleted: Fulton County' Formatted: Font: Italic Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in the City. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas implement the City's governmental interest in land planning, aesthetics and public safety by requiring the following Administrative Permit Standards: A. Required Districts: O-I, C-1, C-2, M-1A, M-1, M-2 (See Use Permit, Section 19.4.7, for use in residential and AG-1 districts.) B. Standards: 1. Tower/accessory structures must be set back a distance equal to the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Tower and/or associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 3. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the facility exterior to any fence or wall unless the City Arborist determines that existing plant materials are adequate. 4. Height shall not exceed 200 feet measured from the finished grade of the base structure. 5. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 6. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). CITY OF MILTON ZONING ORDINANCE 19-8 RZ07-017 Text Amendment Deleted: unincorporated Fulton Deleted: County Deleted: Fulton Deleted: County Deleted: Fulton Deleted: County 7. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. 8. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 9. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 10 A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the City in writing of any intent to abandon the use of the tower. 11. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish. 12. An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 13. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 14. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.3.2. CLUB. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district CITY OF MILTON ZONING ORDINANCE 19-9 RZ07-017 Text Amendment Deleted: county and/or AG-1 district used for single family. 2. Permitted curb cut access shall not be from a local street. 3. Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m. 4. Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district and/or AG-1 district used for single family, except as otherwise permitted with an Administrative Permit for Recreational Court or Swimming Pool. 19.3.3. EVENT, SPECIAL INDOOR/OUTDOOR As applicable, special events are subject to the requirements of other City Departments, such as Emergency Medical Services Plans, Emergency Planning and Preparedness Plans, tent permits, pyrotechnics permits, food service permits, etc. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Community Development for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. CITY OF MILTON ZONING ORDINANCE 19-10 RZ07-017 Text Amendment Deleted: . (Amended 09/04/91, 07/07/93, 06/01/94, 04/05/95, 08/06/03, 04/05/06) Deleted: Fulton County Deleted: ¶ Deleted: Environment and Deleted: Department 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application. Deleted: Environment and 5. The entire property shall comply with the zoning district’s setback requirements. 6. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. 7. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 8. Sales from vehicles are prohibited. 9. The entire property shall comply with City’s parking requirements. Deleted: Fulton County 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33. Deleted: , Section 33.4.12.A.10. 19.3.4. GOLF COURSE. A. Required Districts: All B. Standards: 1. A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district and/or AG-1 district CITY OF MILTON ZONING ORDINANCE 19-11 RZ07-017 Text Amendment used for single family. 2. Driving range, tees, greens and fairways shall be required to have a 100-foot setback from minor, arterial, and major collector roads. 3. Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single family subdivision. 4. When located outside a golf course/subdivision development, a minimum 50-foot wide buffer and a 10-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district and/or AG-1 district used for single family. 5. A minimum 25-foot buffer and a 10-foot improvement setback shall be provided adjoining any residential district and/or AG-1 district used for single family located outside the golf course development or any associated development. 6. When located adjacent to any residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 8:00 a.m. to 11:00 p.m.. 19.3.5. GUEST HOUSE. A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when Accessory to a Single Family Dwelling B. Standards: 1. No more than one guest house structure per lot may be used for occupancy by relatives, guest(s) or employees that work on the property without payment for rent. 2. A separate kitchen facility shall be allowed. 3. Heated floor area shall be a minimum of 650 square feet and a maximum of 1500 square feet. CITY OF MILTON ZONING ORDINANCE 19-12 RZ07-017 Text Amendment Deleted: ¶ Deleted: (Amended 11/1/89, 5/6/92, 2/7/96) 4. Principal building setbacks shall apply. 5. The location shall be limited to the rear yard. 19.3.5(1) RESERVE. (Kennels deleted, See 19.3.19 Veterinary Clinic or Hospital and 19.4.24 Outside Animal Facilities or Kennel) 19.3.6. MOBILE HOME - WHILE RESIDENCE IS BEING BUILT. A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX B. Standards: 1. The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property. 2. The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks. 3. The Administrative Permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one year period may be issued. 4. The mobile home must be occupied by the owner of the principal residence under construction. 19.3.6(1) PARKING, OFF-SITE AND SHARED. Whenever parking as required in Article 18 cannot be accomplished, SHARED PARKING in accordance with Section 18.2.2 may be approved via an Administrative Permit provided: Deleted: OPEN A. Required Districts: O-I, C-1, C-2, MIX, M-1, M-1A and M-2 B. Standards: 1. If the off-site parking is committed for a specified period of time, the duration of the Administrative Permit shall be limited to the period of CITY OF MILTON ZONING ORDINANCE 19-13 RZ07-017 Text Amendment Deleted: ¶ (Added 07/07/99, Moved from Use Permits, 19.4.32.1) ¶ time stipulated therein. 2. No more than 20 percent of the total parking requirement may be provided off-site via this Administrative Permit. 3. The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the Community Development Department. 19.3.7. RAPID RAIL TRANSPORTATION STATION. A. Required Districts: All B. Refer to the MARTA REARRANGEMENT COOPERATIVE AGREEMENT administered by the Department of Public Works. 19.3.8. RECREATIONAL COURT, PRIVATE. A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 B. Standards: 1. Detached Dwellings. Recreational courts serving single family detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard. 2. Multi-family. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. 3. Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning. a. Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located. b. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. CITY OF MILTON ZONING ORDINANCE 19-14 RZ07-017 Text Amendment Deleted: Environment and Deleted: (Added 5/6/92) Deleted: (Amended 03/06/91, 04/07/93, 06/01/94, 04/05/95, 02/07/96, 03/03/04) Deleted: ¶ d. A maximum 4-square foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot’s frontage until a Certificate of Occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses. 19.3.9. RECREATIONAL COURTS, PUBLIC. Recreational courts operated as a club (except those serving residential developments), or courts operated as a business are defined herein as public courts. A. Required Districts: O-I, MIX, C-1, C-2, M-1, M-1A, M-2 B. Standards: 1. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply. 2. Landscape strips and buffer requirements shall be as specified by Section 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 P.M. 4. 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 and/or AG-1 districts used for single family. CITY OF MILTON ZONING ORDINANCE 19-15 RZ07-017 Text Amendment Deleted: . (Amended 03/03/04) 19.3.10. RELOCATED RESIDENTIAL STRUCTURE. A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R­ 2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX B. Standards: 1. The applicant shall include the following with the application for the Administrative Permit: a. The address from which the structure is being relocated. b. A photograph of the structure prior to its relocation. c. The total heated floor area of both the existing structure and the renovated structure. 2. The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district and/or conditions of zoning. 3. The residential structure shall be affixed to a permanent foundation within 6 months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed. 4. All standards of this Ordinance (except 2. above) and other applicable regulations shall be met within one year from the date of this permit issuance. 5. A House Moving Permit shall be obtained from the Community Development Department in conjunction with this Administrative Permit. Deleted: (Added 7/7/99, ¶ Moved from 19.4.36, Amended 2/7/01) Deleted: Resolution Deleted: Environment and 6. A building permit for the repair and construction of said structure shall be obtained within 30 days of this Administrative Permit issuance. 7. The exterior of the structure shall be brought into compliance with Formatted: Bullets and Numbering Formatted: Bullets and Numbering Deleted: Fulton County the City Housing Code within six months of the issuance of this CITY OF MILTON ZONING ORDINANCE 19-16 RZ07-017 Text Amendment Administrative Permit. 8. Prior to occupancy, a Certificate of Occupancy must be obtained from the Department of Community Development. Deleted: Environment and 19.3.10(1) REVIVAL TENT. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship. B. Standards: Deleted: ¶ Deleted: ¶ 1. A permit may be granted a maximum of fourteen (14) days in a calendar year. Deleted: of fourteen 2. The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district and/or AG-1 district used for single family. 3. No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling. 4. Provide one parking space per four seats. 5. A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this Section. 6. The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m. 19.3.11. ROADSIDE PRODUCE STANDS. Deleted: (Amended 05/06/92, 07/07/93, 04/06/94, 08/06/03, 04/05/06) A. Required Districts: C-1, C-2, M-1, M-2 and AG-1 B. Standards: 1. No more than four Administrative Permits shall be granted per year CITY OF MILTON ZONING ORDINANCE 19-17 RZ07-017 Text Amendment and no single permit shall be effective for more than 30 consecutive days; however, 2 or more permits, not to exceed 4, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit(s) shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 6. Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site. 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. CITY OF MILTON ZONING ORDINANCE 19-18 RZ07-017 Text Amendment Deleted: Environment and Deleted: Environment and 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33. 19.3.11(1) ROADSIDE VENDING. A. Required Districts: C-1, C-2, M-1 and M-2 B. Standards: 1. No more than two Administrative Permits shall be granted per year and no permit shall be effective for more than 9 consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as Deleted: , Section 33.4.12.B.19 Deleted: (Added 07/07/93) (Amended 04/06/94, 02/07/01, 08/06/03, 04/05/06) specified by this Section shall be submitted to the Department of Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the CITY OF MILTON ZONING ORDINANCE 19-19 RZ07-017 Text Amendment Deleted: Environment and Department of Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the proposed vendor site. 6. Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum required parking spaces for any other use on site. 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. 9. No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage advertising the vending operation is prohibited. 19.3.11(2) SEASONAL BUSINESS USE. A. Required Districts: CUP (with a commercial component), MIX (with a CITY OF MILTON ZONING ORDINANCE 19-20 RZ07-017 Text Amendment Deleted: Environment and Deleted: ¶ ¶ ¶ ¶ ¶ Deleted: (Amended 12/04/91, 5/6/92, 07/07/93, 04/06/94, 07/07/99, 03/03/04, 04/05/06)¶ commercial component), C-1, C-2, M-1A, M-1, and M-2. Allowable in AG­ 1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, etc., existing as a conforming or a lawful non-conforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a non­ conforming use. B. Standards: 1. An Administrative Permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for each use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days. 2. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday and 8:00 a.m. to 10:00 p.m., Friday through Saturday. 3. Two copies of a drawing, no larger in size than 11” x 17”, with dimensions (distances in feet) of the activity’s location from the site’s property lines and other minimum distance requirements as specified by this Section shall be submitted to the Department of Community Department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. 4. The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the Department of Community Development. A 24-hour contact number of the property owner or lease holder shall be provided along with permit application. 5. The property on which the roadside vendor is permitted must be located at least 1500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. Vendor shall provide names of all established businesses which sell similar or the same merchandise within 1500 feet of the CITY OF MILTON ZONING ORDINANCE 19-21 RZ07-017 Text Amendment Deleted: Environment and Deleted: Environment and proposed vendor site. 6. Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of 10 feet from any internal drive or permitted curb cut. 7. A minimum of 6 parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site. 8. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. 9. No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the approval of the Fire Department. 10. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. 11. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. 12. Signage shall be in accordance with Article 33. 19.3.12. SWIMMING POOL, PRIVATE. A. Required Districts: All districts except C-1, C-2, M-1, M-1A, M-2 B. Standards: All swimming pools shall be completely surrounded by an enclosure. Such enclosure shall be a fence, wall, or building, to prevent access to the pool by unsupervised children and/or animals. The enclosure shall be an effective fence or wall not less than 5 feet high with self-closing, CITY OF MILTON ZONING ORDINANCE 19-22 RZ07-017 Text Amendment Deleted: , Section 33.4.12.B.19 Deleted: (Amended 03/06/91, 05/06/92, 06/01/94, 02/07/96 07/07/99, 12/01/99, 03/03/04) positive-latching gates provided on the outer side of the deck area. The enclosure entrance shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply with the regulations administered by the Fulton County Health Department. 1. Detached Dwellings. Swimming pools shall be allowed in side and rear yards of single family dwellings in any district and may also be allowed at the back of the house on a double frontage single family residential lot as approved by the Department. Pools, pool equipment, and their decks must be a minimum of 10 feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zoned districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. 2. Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. d. A maximum 4-square foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot’s frontage until a Certificate of Occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded CITY OF MILTON ZONING ORDINANCE 19-23 RZ07-017 Text Amendment Deleted: (Amended 04/05/06) at property lines adjacent to single family residential uses. 3. Multi-family. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. 19.3.13. SWIMMING POOL, PUBLIC. Pools operated as a club (except clubs serving residential developments) or pools operated as a business are defined herein as public pools. A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1 and M-2 B. Standards: 1. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided. 2. Landscape strips and buffer requirements shall be as specified by Article 4.23.1. 3. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 foot candles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 P.M. 4. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single family residential uses. 19.3.14. TEMPORARY CLASSROOM. A. Required Districts: All B. Standards: 1. The structure must be constructed for use as a temporary classroom and certified as such by the Community Development Department. 2. The principal use must exist prior to the issuance of the permit. CITY OF MILTON ZONING ORDINANCE 19-24 RZ07-017 Text Amendment Deleted: (Amended 11/03/93, 03/03/04) Deleted: (Amended 11/03/93, 11/03/04)¶ Deleted: Environment and 3. The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other Use Permit conditions. 4. An Administrative Permit for a temporary classroom shall expire three (3) years from the date of approval at which time the structure shall be removed unless a new Administrative Permit is obtained within 30 days of the expiration date. Deleted: (Amended 11/03/04) 5. The structure shall not be located within any principal building setbacks or within any required landscape strips or buffers. 6. Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this Ordinance. Deleted: resolution 19.3.15. TEMPORARY STRUCTURES. Deleted: (Amended 07/07/93, 11/03/93, 11/03/04) A. Required Districts: All, except Emission Inspection Stations shall be permitted only in Non-residential Districts except AG-1. B. Standards: 1. Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the Community Development Department in any district. Deleted: Environment and 2. Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the district except portable toilets must maintain a 200-foot setback from existing dwelling(s). 3. Temporary structures must be removed prior to the issuance of a Certificate of Occupancy or within 5 days of completion of the temporary event or activity for which the structure was approved. CITY OF MILTON ZONING ORDINANCE 19-25 RZ07-017 Text Amendment 4. Temporary structures used in conjunction with other permitted Administrative and Use Permits shall not be required to obtain a separate Administrative Permit. 5. An Administrative Permit for a temporary structure shall expire three (3) years from the date of approval at which time the structure shall be removed unless a new Administrative Permit is obtained within 30 days of the expiration date. 19.3.16. TEMPORARY USE OF EXISTING DWELLING WHILE RESIDENCE IS BEING BUILT. Deleted: (Added 11/03/04)¶ Deleted: (Added, 3/6/91) A. Required Districts: All but M-1, M-1A, & M-2 B. Standards: 1. The building permit for the new principal structure shall be issued concurrently with this Administrative Permit. 2. The Administrative Permit shall expire 90 days after issuance of a certificate of occupancy for the new principal structure or one year after issuance of a building permit, whichever occurs first. 19.3.17. RESERVE. 19.3.18. UTILITY SUBSTATIONS (TELEPHONE, ELECTRIC, OR GAS, ETC. Deleted: OPEN Deleted: (Amended 5/1/91, 11/03/93)¶ A. Required Districts: All. B. Standards: 1. Utility substations measuring less than 35 square feet and less than 5 feet in height from finished grade are exempt from these regulations. 2. All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article section. 3. Minimum setback of all utility structures from a residential structure shall be: CITY OF MILTON ZONING ORDINANCE 19-26 RZ07-017 Text Amendment a. Electric -- 200 feet. b. Gas and Telephone -- the applicable minimum setback for the district in which located. 4. A minimum 10-foot wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required. 5. For electric substations provide a minimum 50-foot wide replanted or natural buffer adjacent to the property lines of any residential district and/or AG-1 district used for single family. 6. Interior to landscape strips or buffers that do not accomplish 100% visual screening as defined in the Tree Preservation Ordinance, provide an 8-foot high opaque fence or, masonry wall, a minimum 4­ foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the Community Development Department. 19.3.19. VETERINARY CLINIC/HOSPITAL OR KENNEL. (See 19.4.24 for Kennel or Outside Animal Facilities); Deleted as a permitted use in C-2, Permitted in AG-1 A. Required Districts: O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. Deleted: Environment and CITY OF MILTON ZONING ORDINANCE 19-27 RZ07-017 Text Amendment ARTICLE XIX Section 19.4 Use Permits 19.4. MINIMUM USE PERMIT STANDARDS. 19.4.1. ADULT BOOK STORE. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT AND FINDINGS. It is the intent of this article to regulate the place of operation of Adult Book Stores as defined in this Ordinance. The City Council finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values, that adult book stores are significantly related to diminishing market values of neighboring residential areas, that adult book stores should not be located in residential areas, and that adult book stores should be permitted only in locations that are at least 1/10 mile, or approximately 500 feet, from residential areas. The Council further finds, based upon a June, 1978, study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul, that the presence of adult book stores correlates with a decreasing market value of neighboring residential areas, that adult book stores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The Board also finds that such worsening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers. CITY OF MILTON ZONING ORDINANCE 19-28 RZ07-017 Text Amendment The Council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult book store within one block of a residential area decreases the market value of homes, that adult book stores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90-95% financing many home buyers require, and that patrons of adult book stores tend to be from outside the immediate neighborhood in which the adult book store is located. The Council further finds, based upon a March 3, 1986, study conducted by the Oklahoma City, Oklahoma, Community Development Department entitled Adult Entertainment Businesses in Oklahoma City - A Survey of Real Estate Appraisers, that an adult bookstore will have a negative effect on residential property market values if it is located closer than one block to residential uses. The Council further finds that this Section of the zoning Ordinance regarding regulation of adult book stores has been carefully considered by a workgroup of City staff drawn from the areas of law enforcement, land use, land planning, and law; by the Planning Commission at public meetings where public comment was available; and by a committee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed this Section, particularly with respect to its provisions relating to the effects of adult book stores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards. This Section is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the City Council finds that restricting adult book stores to industrially zoned areas and imposing development standards can legitimately regulate adult book stores by establishing zones where adult book stores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses. It is not the intent of the City Council, in enacting this Section of the Zoning Ordinance, to deny to any person rights to speech protected by the United States or Georgia Constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this Section of the Zoning Ordinance, the City Council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or Georgia Constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhibit such constitutionally CITY OF MILTON ZONING ORDINANCE 19-29 RZ07-017 Text Amendment Deleted: resolution Deleted: Resolution Deleted: Resolution protected materials; finally, in the enactment of this ordinance, the City Council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. A. Required Districts: M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. B. Standards: 1. All boundary lines of the property included within the use permit as filed must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. 2. The boundary line of the use permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult book store. 3. Submit with the application for a Use Permit, a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1500 feet of the boundary line of the subject property. 4. If the adult book store is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and determined by the Environment and Community Development Department to be in compliance with the terms of this Ordinance prior to any occupancy. 5. Permitted curb cut access shall be from a Major Thoroughfare. CITY OF MILTON ZONING ORDINANCE 19-30 RZ07-017 Text Amendment Deleted: resolution Deleted: ¶ ¶ 6 . No depiction of anatomical areas or sexual activities specified in the definition of “adult entertainment” shall be visible from outside the structure or on signage outside the structure. 7. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.1. C. Permit Issuance. : Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.1. D. Permit Applications. : Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. 19.4.1. E. Permit Processing. : The City shall have ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Department of Community Development and the Planning Commission shall make recommendations to the City Council regarding the approval or denial of the use permit and the Council shall make the final decision after a public hearing regarding the same. In the event the City Council has not granted or denied the application within ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City to complete the investigation), the use permit shall automatically issue. 19.4.1. F. Denial of Use Permit. : In the event an application for a use permit is denied by the City Council, the applicant shall be notified in writing of such denial within 10 business days by U.S. Mail. A decision by the City Council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be CITY OF MILTON ZONING ORDINANCE 19-31 RZ07-017 Text Amendment pursued by application for Writ of Certiorari filed with the Superior Court of Fulton County in accordance with applicable statute. . This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. 19.4.1. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. 19.4.2 ADULT ENTERTAINMENT ESTABLISHMENTS. (AMENDED JUNE 21, 2007 BY THE MILTON CITY COUNCIL) INTENT. It is the intent of this Section to regulate the place and manner of the operation of businesses or facilities that offer Adult Entertainment as defined in this Ordinance. It is well established and has been the experience of other communities in Georgia and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. This Section advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. The Section is narrowly constructed to protect the First Amendment rights of citizens of the City of Milton while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. Areas and uses which are to be protected from adult entertainment include but are not limited to residential, churches, day care centers, libraries, recreational facilities, and schools. A. Required Districts: M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts . B. Standards: 1. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A­ L, AG-1 zoned property or property conditioned or used for residential purposes. CITY OF MILTON ZONING ORDINANCE 19-32 RZ07-017 Text Amendment b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. 2. The boundary line of the Use Permit must be located at least 1500 feet from the property line of any other adult entertainment establishment or adult bookstore. 3. Submit with the application for a Use Permit, a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1000 feet of the boundary lines of the subject property and adult entertainment establishments and/or adult bookstores within 1500 feet of the boundary line of the subject property. 4. No final Land Disturbance Permit, Building Permit, Certificate of Occupancy, or Building Permit Review Certificate may by issued until the approved City Adult Entertainment Business License is filed with the Director of the Community Development Department. 5. If the adult entertainment business is to be located in an existing structure where a Land Disturbance Permit is not required, an existing building permit review application must be filed and approved in the Community Development Department prior to any occupancy. 6. Building shall be located a minimum of 50 feet from all property lines. 7. Parking spaces at a ratio of 10 per 1000 gross square feet of floor space shall be provided. 8. Permitted curb cut access shall be directly from a Major Thoroughfare. 9. On-premise signs shall not display lewd or graphic depictions of body parts or acts which are defined in Article and Subsection 3.3.1. 10. No adult entertainment shall be visible from outside the structure. 11. The minimum landscape areas required for the O-I zoning district as specified in Section 4.23 shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. 19.4.2. C. Permit Issuance. : CITY OF MILTON ZONING ORDINANCE 19-33 RZ07-017 Text Amendment Notwithstanding the provisions of 19.2.3 and 19.2.4, any applicant meeting the above requirements and standards shall be entitled to the issuance of a use permit. 19.4.2. D. Permit Applications. : Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. 19.4.2. E. Permit Processing. : The City shall have ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City and required by this code, to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The Community Development Department and the Planning Commission shall make recommendations to the City Council regarding the approval or denial of the use permit and the Council shall make the final decision after a public hearing regarding the same. In the event the City Council has not granted or denied the application within ninety (90) days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the City to complete the investigation), the use permit shall automatically issue. 19.4.2. F. Denial of Use Permit. : In the event an application for a use permit is denied by the City Council, the applicant shall be notified in writing of such denial within 10 business days by U.S. Mail. A decision by the City Council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for Writ of Certiorari filed with the Superior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. 19.4.2. G. Permit Application. : Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. CITY OF MILTON ZONING ORDINANCE 19-34 RZ07-017 Text Amendment Deleted: (Added 07/07/99) 19.4.3. AGRICULTURAL-RELATED ACTIVITIES. INTENT. It is the intent of this Article 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. A. Required District: AG-1 B. Standards: 1. Minimum lot size shall be 5 acres. 2. Permitted curb cut access shall not be from a local street. 3. Food services may be provided. 4. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. 5. All structures housing animals shall be set back a minimum of 100­ feet from all property lines. 6. All parking and access areas must be of an all weather surface per Article 18, Festivals, Outdoor. 7. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. 9. If located adjacent to any residential district or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 10. Sanitary facilities or trash receptacles shall be located a minimum of CITY OF MILTON ZONING ORDINANCE 19-35 RZ07-017 Text Amendment 100 feet from a property line of any residential district and/or AG-1 district used for single family. 19.4.4. AIRCRAFT LANDING AREA. Deleted: (Amended 3/6/91) A. Required Districts: All B. Standards: 1. For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line. 2. For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district and/or AG-1 district used for single family. 3. Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. 4. If located within or adjacent to a residential district and/or AG-1 district used for single family, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m.. 5. A Use Permit for an Aircraft Landing Area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory F.A.A. airspace analysis with the Director of the Community Development Department. 6. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. 19.4.5. AMATEUR RADIO ANTENNA TO EXCEED THE ADMINISTRATIVE PERMIT HEIGHT. See also Administrative Permit 19.3.1(1). INTENT. It is the intent of this Article to regulate the placement of amateur radio towers in a manner that does not impose on public health, safety, general welfare. CITY OF MILTON ZONING ORDINANCE 19-36 RZ07-017 Text Amendment Deleted: Environment and Deleted: (Amended 04/03/02) Deleted: (Added 07/07/93) The following regulations on design, location, placement, and height limits of antennas in residential districts implements the City's governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: A. Required Districts: All B. Standards: 1. Antennas shall be located in the rear yard. 2. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height. 3. All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna. 4. Antennas shall not be lighted. 5. All antennas must be constructed with an anti-climbing device. 6. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. 7. All guy wires must be anchored on site and outside of right-of-way. 19.4.6. AMPHITHEATERS. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Lot area shall be a minimum of 10 acres. 2. The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/ or AG-1 districts used for CITY OF MILTON ZONING ORDINANCE 19-37 RZ07-017 Text Amendment Deleted: Fulton County single family. 3. Permitted curb cut access shall be only from an arterial street. 4. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG-1 districts when used for single family. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential districts zoning or development. 6. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts used for single family. 7. Eight (8) foot high fencing shall be provided adjacent to properties zoned for residential use or AG-1 districts used for single family. 8. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use and/or AG-1 districts used for single family. 19.4.7. ANTENNA TOWER, AND ASSOCIATED STRUCTURE (RADIO, T.V., MICROWAVE BROADCASTING, ETC.), TO EXCEED THE DISTRICT HEIGHT. (Titled Changed 3/6/91, Amended 3/5/97, 05/17/06) INTENT Pursuant to Section 704(a) of the Federal Telecommunications Policy Act of 1996, it is not the intent of this section to prohibit or have the effect of prohibiting the provision of personal wireless services in the City. It is the intent of this Section to address the aesthetic effect of telecommunication facilities on our landscapes, our citizens’ demands for these services, and the needs of service providers. The following regulations on design, location, placement, and height limits of antennas in residential and AG-1 zoned districts implements the City’s governmental interest in land planning, aesthetics and public safety by requiring the following Use Permit Standards: CITY OF MILTON ZONING ORDINANCE 19-38 RZ07-017 Text Amendment Deleted: unincorporated Fulton County Deleted: Fulton County's A. Required Districts: Residential districts, MIX and AG-1 (See same heading in Section 19.3., for other non-residential districts.) B. Standards: 1. Towers must be set back a distance equal to one and one-half (1½) times the height of the tower adjacent to residential and/or AG-1 zoned property. 2. Height shall not exceed 200 feet from existing grade. 3. Tower and associated facilities shall be enclosed by fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. 4. A minimum 10-foot landscape strip planted to buffer standards shall be required surrounding the facility exterior to the required fence unless the City Arborist determines that existing plant materials are adequate. 5. Antennas or towers shall not have lights unless required by federal or state law. 6. Towers shall not be located within one-half mile from any existing telecommunication tower above the district height, excluding alternative structures. 7. The tower shall comply with applicable state and local statutes and ordinances, including, but not limited to, building and safety codes. Towers which have become unsafe or dilapidated shall be repaired or removed pursuant to applicable state and local statutes and ordinances. 8. Facilities shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). 9. Communication towers shall be designed and constructed to ensure that the structural failure or collapse of the tower will not create a safety hazard to adjoining properties, according to applicable Federal Standards which may be amended from time to time. CITY OF MILTON ZONING ORDINANCE 19-39 RZ07-017 Text Amendment Deleted: Fulton County 10. Telecommunications facilities shall not be used for advertising purposes and shall not contain any signs for the purpose of advertising. 11. Any telecommunications facility may co-locate on any existing tower, pole or other structure as long as there is no increase in height to the existing facility. 12. A commercial telecommunication facility that ceases operation for a period of 12 consecutive months shall be determined to have terminated and shall be removed within 90 days of termination at the property owner's expense. It shall be the duty of both the property owner and the tower owner to notify the City in writing of any intent to abandon the use of the tower. 13. Communication facilities not requiring FAA painting/marking shall have either a galvanized finish or [be] painted a dull blue, gray, or black finish or shall be screened through fencing and landscaping. 14 An application for a telecommunications facility shall be submitted in accordance with the Department’s Plan Review submittal requirements. 15. An application for a telecommunication facility shall include a certification from a registered engineer that the structure will meet the applicable design standards for wind loads. 16. Communications facilities shall not be located in 100-year flood plain or delineated wetlands. 19.4.8. BED AND BREAKFAST. A. Required Districts: AG-1 (Agricultural), R-6, and TR (Townhouse Residential) B. Standards: 1. A minimum of 2 guest rooms and a maximum of 5 guest rooms are permitted. CITY OF MILTON ZONING ORDINANCE 19-40 RZ07-017 Text Amendment Deleted: county Deleted: (Added 06/01/94) 2. No parking in the minimum front yard. 3. The bed & breakfast shall be owner occupied. 4. Permitted curb cut access shall not be from a local street. 5. The minimum landscape and buffer areas hall be required as specified in Section 4.23 for AG-1 Agricultural District. 6. Parking requirements shall be the same as hotel/motel as specified in Article 18. 7. Identification or advertising signs shall be limited to 4 square feet in surface area and 4 feet in height. 19.4.9. CEMETERY AND/OR MAUSOLEUM. (Human or Pet) A. Required Districts: All B. Standards: 1. Permitted curb cut access shall be only from a major thoroughfare, unless in conjunction with a place of worship. 2. No building shall be located within 50 feet of a residential district and/or AG-1 district used for single family. 3. All structures, including graves, shall be inside meet the minimum yard setbacks or 10 feet, whichever is greater. 4. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 19.4.10. CHURCH, TEMPLE OR PLACE OF WORSHIP. Deleted: (Amended 3/6/91, 4/7/93, 04/03/02) A. Required Districts: Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R-5, R-5A, R-6, TR, NUP, A, A-L, and AG-1. B. Standards: CITY OF MILTON ZONING ORDINANCE 19-41 RZ07-017 Text Amendment 1. All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district and/or AG-1 district used for single family. 2. No parking shall be located within the minimum front yard setback. 3. Any associated day care centers, private schools, recreational fields or other uses requiring a Use Permit or Administrative Permit shall be allowed only under a separate approved Use Permit or Administrative Permit for each use. 4. The minimum buffers and landscape strips required for the O-I zoning district as specified in Section 4.23 shall be required. 19.4.11. COMMERCIAL AMUSEMENT, OUTDOOR including but not limited to amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also 19.4.17 DRIVING RANGES) A. Required Districts: C-2, M1-A, M-1 and M-2 B. Standards: 1. Permitted curb cut access shall be derived only from arterial streets. 2. A minimum 100-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to non-residential zoning or development districts. 4. 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 and/or AG-1 districts used for single family. 5. Eight (8) foot high fencing shall be provided adjacent to any residential district and/or AG-1 district when used for single family and interior to any required landscape strips or buffers. 6. The hours of operation of the facility shall be limited to 8:00 a.m. to CITY OF MILTON ZONING ORDINANCE 19-42 RZ07-017 Text Amendment Deleted: (Name Change, 03/07/90) 11:00 p.m. adjacent to residential districts and/or AG-1 when used for single family. 7. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. 8. The height limits of the zoning district shall apply to all recreational structures unless a Use Permit to Exceed the Height is granted (See 19.4.21). 19.4.12. COMPOSTING. Deleted: (Added 11/03/93)¶ A. Required Districts: AG-1 B. Standards: 1. Lot area shall be a minimum of five acres. 2. Permitted curb cut access shall be derived from an arterial or major collector. 3. The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m.. 4. All operations shall maintain a minimum setback of 100 feet from all property lines. 5. The minimum buffers required are as specified for the M-1 District. (See Section 4.23) 6. On-site traffic shall be limited to an all-weather surfaced area. 7. Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway. 8. The composting facility shall obtain all necessary permits from the Department of Natural Resources, Environmental Protection Division. 9. 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 CITY OF MILTON ZONING ORDINANCE 19-43 RZ07-017 Text Amendment adjacent residential districts and/or AG-1 districts used for single family. 10. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. 19.4.13. CONVALESCENT CENTER/ NURSING HOME/ HOSPICE. (Added as a permitted use in O-I, MIX, A, A-L, C-1 and C-2 ) A. Required Districts: R-6 and TR B. Standards: 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall be from an arterial or a major collector. 3. Provide the minimum landscape strips and buffers as required for the O-I zoning district as specified in Section 4.23. 4. Provide a 50-foot building setback from all single family districts or AG-1 districts used for single family. 5. No parking allowed within the minimum front yard setback. 6. Rooms or suites of rooms may be designed with separate kitchen facilities. 7. Facility shall comply with applicable local, state, and federal regulations. 8. In accordance with Article 28.4.6., submit a Noise Study Report as required. 19.4.14. COUNTRY INN. A. Required Districts: AG-1 B. Standards: CITY OF MILTON ZONING ORDINANCE 19-44 RZ07-017 Text Amendment Deleted: (Amended 04/03/02) Deleted: (Added 04/03/02) 1. Lot area shall be a minimum of 5 acres. 2. A minimum of 6 guest rooms and a maximum of 30 rooms are permitted. (See Article 19.4.8, Bed and Breakfast, for less than 6 guest rooms). 3. The Country Inn shall be owner occupied. 4. Permitted curb cut access shall be from a minor collector or higher road classification. 5. The establishment may provide meal services to guests. 6. Parking shall not be permitted within the minimum front yard setback. 7. The minimum landscape strip and buffer requirements for the O-I District as specified in Section 4.23 shall be required. 8. Identification or advertising signs shall be limited to one (1) sign of not more than 9 square feet and no more than 4 feet in height. 9. Parking requirements shall be the same as hotel/motel as specified in Article 18. 19.4.15. DAY CARE FACILITY. (Allowed as a permitted use in CUP, O-I, MIX, C-1 & C-2 Districts) A. Required Districts: R-6, TR, A, and A-L. May be allowed in single family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital. B. Standards: 1. Facility shall be for 7 or more persons, excluding staff. 2. Provide minimum landscape strips, buffers and improvement setbacks as specified for the O-I district in Section 4.23.1. 3. Provide a minimum 6 foot high opaque fence interior to any required landscape strips and/or buffers around the periphery of the yard used CITY OF MILTON ZONING ORDINANCE 19-45 RZ07-017 Text Amendment Deleted: (Amended 04/03/02, 03/03/04) for the play area. 4. Play areas shall be located within the rear or side yards. 5. The hours of operation shall be limited to Monday through Friday from 6:00 a.m. to 7:00 p.m. 6. No parking allowed in the minimum front yard setback. 7. Driveway design shall permit vehicles to exit the property in a forward direction. 8. In accordance with Article 28.4.6., submit a Noise Study Report as required. 19.4.16. RESERVE. 19.4.17. DRIVING RANGE. (not associated with a golf course) A. Required Districts: AG-1, O-I, MIX, C-1, C-2, and M-1A B. Standards: 1. Lot area shall be a minimum of 10 acres. 2. Permitted curb cut access shall be from a major collector or arterial. 3. Loudspeakers/paging systems are prohibited adjacent to residential districts and/or AG-1 districts used for single family. 4. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts and/or AG-1 districts used for single family. 19.4.17(1) RESERVE. 19.4.18. EQUINE GARMENT FABRICATION. A. Required Districts: AG-1 B. Standards: CITY OF MILTON ZONING ORDINANCE 19-46 RZ07-017 Text Amendment Deleted: (Added 04/03/02) Deleted: OPEN Deleted: OPEN 1. Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. 2. All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building. 19.4.19. FESTIVALS OR EVENTS, OUTDOOR/INDOOR including but not limited to horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. See FESTIVALS OR EVENTS, OCCASIONAL if not covered herein. A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2 B. Standards: 1. Permitted curb cut access shall be from local streets. 2. Eight (8) foot high 100% opaque fencing shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Hours of operation shall be between 8:00 a.m. and 11:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 4. Activity areas, including parking, shall be at least 100 feet from a residential district and/or AG-1 districts used for single family. 5. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts and/or AG-1 districts used for single family purposes. (Added 7/5/89) 6. The festival or event shall be limited to a three-year period from the date of the Mayor and City Council approval not to exceed a total of 180 consecutive days in a calendar year. 19.4.20. GROUP RESIDENCE. (Allowed as a permitted use in A, A-L, O-I, MIX, C-1 & C-2 Districts) A. Required Districts: R-6 and TR B. Standards: CITY OF MILTON ZONING ORDINANCE 19-47 RZ07-017 Text Amendment Deleted: (Name Changed 03/07/90, Amended 07/07/93, 06/01/94). Deleted: Board of Commissioners Deleted: (Amended 04/03/02) 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall not be allowed from a local street. 3. The minimum landscape strips and buffers required for the O-I district as specified in Section 4.23 shall be provided. 4. Parking shall not be permitted within the minimum front yard. 5. Facility shall comply with applicable local, state, and federal regulations and provide Department of Community Development with the applicable permit prior to the issuance of a certificate of occupancy. 6. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. 19.4.20(1) GROUP RESIDENCE FOR CHILDREN (5 to 8 CHILDREN). A. Required Districts: AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R­ 5A, SUB-A, SUB-B, SUB-C, NUP, CUP B. Standards: 1. Facility shall be for no more than 8 children. 2. Parking shall comply with the requirements of Article18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Community Development prior to the issuance of a certificate of occupancy. 4. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. 19.4.20(2) GROUP RESIDENCE FOR CHILDREN (9 to 15 CHILDREN). A. Required Districts: R-6 and TR B. Standards: CITY OF MILTON ZONING ORDINANCE 19-48 RZ07-017 Text Amendment Deleted: Environment and Deleted: (Added 04/05/06)¶ Deleted: (Added 11/03/04, Required Districts Amended 04/05/06) Deleted: Environment and Deleted: (Added 04/05/06) Deleted: (Added 11/03/04) 1. Facility shall be for no more than 15 children. 2. Parking shall comply with the requirements of Article 18 for dwellings. 3. Copies of applicable local, state, and federal permits shall be provided to the Department of Community Development prior to the issuance of a certificate of occupancy. 4. Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. 19.4.21. HEIGHT -- TO EXCEED DISTRICT MAXIMUM. A. Required Districts: O-I, A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2 B. Standards: 1. Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities. 2. Sources of exterior illumination shall not be visible from adjoining residences. 19.4.22. RESERVE. 19.4.23. RESERVE. 19.4.24. KENNEL OR OUTSIDE ANIMAL FACILITIES. A. Required Districts: C-2, M-1, and M-2 (See Article 19.3.19 for enclosed kennels) B. Standards: 1. Minimum one-acre lot size is required. 2. Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shall be located at least 100 feet from all property lines and 200 feet from any single family district and/or AG-1 district used for single family. CITY OF MILTON ZONING ORDINANCE 19-49 RZ07-017 Text Amendment Deleted: of Environment and Deleted: (Added 04/05/06) Deleted: (Amended 12/6/89) Deleted: OPEN Deleted: OPEN 19.4.25. LANDFILL, INERT WASTE DISPOSAL. A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. 4. The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 9. The owner shall provide the Director of Community Development Department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a Land Disturbance Permit. 10. Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. CITY OF MILTON ZONING ORDINANCE 19-50 RZ07-017 Text Amendment Deleted: (Amended 11/1/89, 11/03/93, 04/05/06) Deleted: the Environment and Deleted: (Amended 04/03/02) 12. No portion of a new or expanded landfill shall be located within a one (1) mile radius of the property lines of residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. 13. The landfill shall be operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). 19.4.26. LANDFILL, SOLID WASTE DISPOSAL. A. Required Districts: M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. 4. The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zoned districts. 5. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 6. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 7. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. 8. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through CITY OF MILTON ZONING ORDINANCE 19-51 RZ07-017 Text Amendment Deleted: (Added 04/05/06)¶ Deleted: (Added 04/05/06) Deleted: (Amended 11/1/89, 11/03/93, 04/05/06) Saturday. 9. The owner shall provide the Director of Community Development Department a current copy of all applicable permits from the Georgia Department of Natural Resource upon application for a Land Disturbance Permit. 10. Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. 12. No portion of a new or expanded landfill shall be located within a one (1) mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. 13. The landfill shall be sited and operated in accordance with the Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Chapter 391-3-4 Solid Waste Management, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Plan, and 40 CFR Part 258 (Subtitle D of RCRA). 19.4.27. LANDSCAPING BUSINESS, PLANT NURSERY, OR GARDEN CENTER WITH INDOOR RETAIL COMPONENT. A. Required Districts: AG-1 (Agricultural) B. Standards: 1. No access shall be allowed from local streets. 2. No parking is permitted in the minimum front yard. 3. All use areas/structures other than parking and pedestrian walkways shall be located at least 50 feet from any adjoining residential district or AG-1 (Agricultural) district. 4. Limit hours of operation from 6:00 a.m. to 8 p.m. 5. The minimum buffers and landscape strips required for the O-I CITY OF MILTON ZONING ORDINANCE 19-52 RZ07-017 Text Amendment Deleted: the Environment and Deleted: (Added 04/05/06) Deleted: (Added 04/05/06) Deleted: (Added 04/03/02) (Office-Institutional) zoning district as specified in Section 4.23. shall be required. 6. Structure(s) for retail sales shall be limited to 1,000 total gross square feet. 19.4.28. LODGE, RETREAT AND/OR CAMPGROUND facilities to include lodging and food service for social, educational and/or recreational purposes Deleted: . (Added 8/1/90, Amended 2/7/96) A. Required Districts: AG-1, M-1A, M-1 and M-2 B. Standards: 1. Minimum lot size shall be 10 acres. 2. Permitted curb cut access shall not be derived from a local street. 3. A minimum 100-foot wide buffer and 10 foot improvement setback are required adjacent to residential districts, AG-1 districts used for single family and adjoining a public street. 4. A minimum 50-foot wide buffer and 10 foot improvement district are required adjacent to all other non-residential districts. 5. Length of the stay for all but permanent staff shall not exceed 30 consecutive days. 6. Sanitary facilities or trash receptacles shall be located a minimum of 200 feet from any residential district and/or AG-1 district when used for single family. 7. 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 and/or AG-1 districts used for single family. 8. Recreational facilities associated with the use shall be for staff and guests only. 9. One parking space per lodging unit or five (5) per 1000 square feet of floor area, whichever is greater. CITY OF MILTON ZONING ORDINANCE 19-53 RZ07-017 Text Amendment Deleted: (Added 12/4/91) 19.4.28(1) MEDICAL RELATED LODGING. (Allowed as a permitted use in A and A-L) A. Required Districts: R-6 and TR B. Standards: 1. Total number of bedrooms or units shall not exceed 20, including staff facilities. 2. Rooms or suites of rooms may be designed with separate kitchen facilities. 3. Lodging Facility shall be located within one mile of a hospital or inpatient clinic. 4. Facilities locating in a TR District must have frontage on streets with classifications higher than local streets. 5. If located adjacent to a single family district and/or an AG-1 district used for single family, the minimum buffers and landscape strips required for the O-I District as specified in Section 4.23 shall be required. 6. Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback. 7. Signs shall not exceed 4 square feet in area and 4 feet in height. 19.4.29. RESERVE. 19.4.30. RESERVE. 19.4.31. MOBILE HOME - ACCESSORY DWELLING. A. Required Districts: AG-1 B. Standards: 1. The mobile home shall be limited to a three-year period from the date CITY OF MILTON ZONING ORDINANCE 19-54 RZ07-017 Text Amendment Deleted: OPEN Deleted: OPEN of the Mayor and City Council’s approval, after which the mobile home shall be removed unless an additional Use Permit has been granted. 2. The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings. 3. The mobile home shall be for the exclusive use of and occupancy by a member of the family or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter­ -in-law, son-in-law, child, ward or guardian. 19.4.32. QUARRIES AND/OR SURFACE MINING SITES. A. Required Districts: AG-1, M-2 B. Standards: 1. No portion of a new or expanded quarry shall be located within a 1.5 mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an existing site or location. 2. No portion of a new or expanded surface mining site shall be located within a 500 foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or location. 3. All activities of a quarry and/or surface mining shall be in compliance with the Georgia Blasting Standards Act of 1978, the 1968 Georgia Surface Mining Act and the U.S. Bureau of Mines RI 8507. 19.4.33. PERSONAL CARE HOME/ASSISTED LIVING. (Allowed as a permitted use in O-I, A, A-L, MIX, C-1 and C-2) A. Required Districts: R-6 and TR B. Standards: CITY OF MILTON ZONING ORDINANCE 19-55 RZ07-017 Text Amendment Deleted: Board of Commissioners Deleted: (Amended 3/4/92) Deleted: (Added 04/05/06) 1. Facilities shall be for 5 persons or more. 2. Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use. 3. Provide a 50-foot building setback from single family districts and/or AG-1 districts when used for single family. 4. No parking allowed in the minimum front yard setback. 5. The minimum parking spaces provided shall be in conformance with health care facilities per Article 18.2.1. 6. Provide landscape strips and buffers as required in the O-I district as specified in Article 4.23. 7. Rooms or suites of rooms may be designed with separate kitchen facilities. 8. Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the Department of Community Development prior to the issuance of a certificate of occupancy. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. 19.4.34. PRIVATE CORRECTIONAL FACILITY/PRISON. A. Required Districts: M-1, M-2 B. Standards: 1. Minimum lot size: 100 acres 2. All boundary lines of the property included within the Use Permit must be located at least 500 feet from the properties listed below: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, R-6, CITY OF MILTON ZONING ORDINANCE 19-56 RZ07-017 Text Amendment Deleted: Environment and Deleted: (Added 04/03/02) Deleted: (Added 07/07/99) NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities when minors are the primary patrons. 3. All boundary lines of the property included within the Use Permit must be located at least 10 miles from all property lines of any other correctional facility. 4. Submit, with the application for a Use Permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in B.2.a. and b. are located within 500 feet of the boundary lines of the subject property, and/or a correctional facility is located within 10 miles of the boundary line of the subject property, they must be identified by map as part of the Use Permit application . 5. A minimum 200-foot wide buffer and 10-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes. 6. A minimum 100-foot wide buffer and 10-foot improvement setback shall be provided adjacent to property zoned M-1 and/or M-2. 7. Permitted curb cut access shall be from a major thoroughfare. 8. Parking spaces shall be in accordance with Article 18, Hospitals. 9. Fencing shall be in accordance with American Correction Institute standards and located interior to required buffers and improvement setbacks. 10. Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this Zoning Ordinance. The more restrictive standards shall apply. 11. Facility shall comply with all applicable local, state, and federal regulations and applicable permits shall be provided to the CITY OF MILTON ZONING ORDINANCE 19-57 RZ07-017 Text Amendment Deleted: Resolution Deleted: Environment and Community Development Department prior to the issuance of a certificate of occupancy. 19.4.35. RACE TRACK. A. Required Districts: AG-1, M-1 and M-2 B. Standards: 1. A minimum of 10 acres is required. 2. The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts and/or AG-1 districts used for single family, and 2,000 feet from such districts for vehicular tracks. 3. Permitted curb cut access shall not be from a local street. 4. A minimum 75-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to all other property lines. 6. Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips. 7. 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 and/or AG-1 districts used for single family. 8. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts and/or AG-1 districts used for single family. 9. In accordance with Section 28.4.3.2., submit an Environmental Impact Report as required. 19.4.36. RECREATIONAL FIELDS including but not limited to soccer, softball, baseball, polo, football, cricket, etc. CITY OF MILTON ZONING ORDINANCE 19-58 RZ07-017 Text Amendment Deleted: (Amended 04/03/02) A. Required Districts: All B. Standards: 1. Permitted curb cut access shall not be from a local street. 2. A minimum 50-foot buffer and 10-foot improvement setback shall be provided adjacent to residential districts and/or AG-1 districts used for single family. 3. Loudspeakers/paging systems are prohibited adjacent to residentially used property. 4. The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts and/or AG-1 districts used for single family. 19.4.37. RECYCLING CENTER, PROCESSING. Deleted: (Added 12/4/91, Amended 04/03/02) A. Required Districts: C-2 and M-1A B. Standards: 1. Limit hours of operation from 7:00 a.m. to 8 p.m., Monday through Saturday. 2. No portion of a new recycling facility shall be located within a three mile radius of the property lines of an existing recycling facility. 3. A minimum 200 foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 4. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 5. All recyclable materials shall be stored in containers with no stockpiling outside the containers. 6. Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high, solid wall or fence, including access gates. CITY OF MILTON ZONING ORDINANCE 19-59 RZ07-017 Text Amendment 7. The processing of recyclable materials must be done within an enclosed building. 8. Driveways shall be designed so vehicles will exit the facility in a forward direction. 9. A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts and/or AG-1 districts used for single family. 10. The recycling center shall comply with regulations administered by the Fulton County Department of Health. 11. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. 19.4.38. RESERVE. 19.4.39. SALVAGE, STORAGE, AND/OR JUNK FACILITY. A. Required Districts: M-1 and M-2 B. Standards: 1. No portion of a new salvage, storage, and/or junk facility shall be located within a three mile radius of the property lines of an existing salvage, storage, and/or junk facility. 2. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 3. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 4. All facilities shall be screened from view from adjacent properties and roadways with a minimum 6-foot high, solid fence or wall, as approved by the Community Development Department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. CITY OF MILTON ZONING ORDINANCE 19-60 RZ07-017 Text Amendment Deleted: (Amended 04/03/02) Deleted: OPEN Deleted: (Amended 11/03/93, 04/03/02) Deleted: Environment and Deleted: (Amended 3/4/92) 5. Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. 6. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. Deleted: (Amended 04/03/02)¶ 19.4.40. SCHOOL, PRIVATE OR SPECIAL. A. Required Districts: All B. Standards: 1. Minimum lot area shall be 1 acre. 2. If located adjacent to a single family dwelling district and/or AG-1 district used for single family, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in Section 4.23 shall be required. Deleted: (Amended 04/07/93) 3. Buildings, and refuse areas shall not be located within 100 feet of a residential district and/or AG-1 district used for single family. 4. Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate Use Permit. 5. Day care facilities in association with the school do not require a separate Use Permit. 6. Parking areas shall not be located within 50 feet of any residential district and/or AG-1 district used for single family. 7. Student drop-off and vehicular turn-around facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. 8. Permitted curb cut access shall not be from a local street. 9. In accordance with Article 28.4.6., submit a Noise Study Report as required. Deleted: (Added 04/03/02)¶ 19.4.41. SELF STORAGE/MINI. CITY OF MILTON ZONING ORDINANCE 19-61 RZ07-017 Text Amendment A. Required Districts: C-1 and C-2 B. Standards: 1. At least 75% of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than 10 feet high. 2. No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference. 3. An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the Use Permit. 4. Provide a minimum six-foot high, 100% opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall to be located outside of any public right-of-way and interior to any required landscape strips or buffers. 5. A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). 19.4.41(1) SELF STORAGE/MULTI. A. Required Districts: MIX, C-1, and C-2 B. Standards: 1. No outside storage shall be allowed, including vehicle leasing. 2. All buildings shall have windows or architectural treatments that appear as windows. CITY OF MILTON ZONING ORDINANCE 19-62 RZ07-017 Text Amendment Deleted: (Added 03/03/04) 3. No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include but are not limited to miscellaneous sales; fabrication or repair of vehicles, equipment or other goods; transfer-storage business based on site; residential uses (other than the resident manager's apartment), or any use which creates a nuisance due to noise, odor, dust, light or electrical interference. 4. Permitted curb cut access shall not be from a local street. 5. A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). 19.4.41(2) SENIOR HOUSING. A. Required Districts: A Use Permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. B. Standards: In circumstances where conflict exists between overlay guidelines and this ordinance or resolution: (1) Overlay guidelines will generally supersede general ordinance and/or resolutions; (2) If the issue is specifically excluded in the Overlay, the ordinance and/or resolution will apply; (3) If the issue is addressed in both documents, the more restrictive will apply. 1. Building height shall be in accordance with the underlying zoning. 2. Dwelling units for seniors shall be exempted from any part of this ordinance which restricts density. 3. No more than 15 dwelling units per acre shall be allowed in a single family development. No more than 20 dwelling units per acre shall be allowed in a multi-family development. 4. No dwelling unit shall contain more than two (2) bedrooms. 5. Multi-family dwelling units shall have a minimum of six hundred (600) square feet of gross floor area. Single family dwelling units shall have a minimum of eight hundred (800) square feet of gross CITY OF MILTON ZONING ORDINANCE 19-63 RZ07-017 Text Amendment Deleted: (Added 03/03/04) Deleted: (Added 04/05/06) floor area. 6. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single family residential districts and/or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard. 7. Parking spaces shall be calculated as one and four tenths (1.4) spaces per dwelling unit. 8. No parking shall be allowed in the minimum front yard setback. 9. Senior facilities must be served by public water and sewer. 10. Landscape strips and buffers shall be provided as specified in the O-I district in Article 4.23. 11. The property shall be deed restricted to senior housing except as provided for by Fair Housing laws. 12. Facility shall comply with all applicable local, state, and federal regulations and copies of any applicable permits shall be provided to the Department of Community Development prior to the issuance of a certificate of occupancy. 13. Projects are encouraged to incorporate Easy Living and applicable accessibility standards.(as administered and copyrighted by a coalition of Georgia citizens including AARP of Georgia, Atlanta Regional Commission, Concrete Change, Georgia Department of Community Affairs, Governor's Council on Developmental Disabilities, Home Builders Association of Georgia, Shepherd Center and the Statewide Independent Living Council of Georgia). 14. Housing shall have at least 80% of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the Director of Community Development. 15. All units shall be owner-occupied. 19.4.42. SKYWALKS. CITY OF MILTON ZONING ORDINANCE 19-64 RZ07-017 Text Amendment Deleted: Environment and Deleted: Environment and Deleted: (Amended 11/03/93) A. Required Districts: AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, M-2 B. Standards: 1. A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided. 2. Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided. 3. Prior to issuance of a building permit, a Bridge Agreement shall be filed with the Community Development Department as a condition of approval. The Community Development Department shall be responsible for the interpretation and application of the conditions set forth above and no building permit shall be issued by the Community Development Department except upon written approval of the Department of Public Works. 19.4.42(1) STADIUM (OFFSITE) ASSOCIATED WITH A PRIVATE SCHOOL. A. Required Districts: All B. Standards: 1. Vehicular access is prohibited from a local street. 2. A minimum 200-foot buffer and 10-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties. 3. The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties. 4. A 100-foot setback along any public right-of-way is required for all structures and activities. 5. The height limit of the zoning district shall apply to all structures unless a Use Permit to Exceed District Maximum Height is approved. 19.4.43. TRANSFER STATION, SOLID WASTE. CITY OF MILTON ZONING ORDINANCE 19-65 RZ07-017 Text Amendment Deleted: Environment and Deleted: Environment and Deleted: Environment and Deleted: (Added 09/01/04)¶ Deleted: (Added 10/02/02, Amended 04/05/06) A. Required District: M-2 B. Standards: 1. No access shall be allowed from local streets. 2. Access streets shall be paved and shall be able to withstand maximum load limits established by the State of Georgia as approved by the Director of Public Works. 3. No portion of a new transfer station shall be located within a three mile radius of the property lines of an existing transfer station. 4. A minimum 200-foot buffer and 10-foot improvement setback shall be required along all property lines except public rights-of-way. 5. A minimum 50-foot buffer and 10-foot improvement setback shall be required along all public rights-of-way. 6. A minimum 6-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. 7. Limit hours of operation from 6:00 a.m. to 6 p.m., Monday through Saturday. 8. The owner shall provide the Director of the Community Development Department a current copy of all applicable permits from the State of Georgia upon application for a Land Disturbance Permit. 9. In accordance with Article 28.4.3.2., submit an Environmental Impact Report as required. 10. No portion of a new or expanded solid waste transfer station shall be located within a one (1) mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. 11. Transfer stations shall be sited and operated in accordance with State CITY OF MILTON ZONING ORDINANCE 19-66 RZ07-017 Text Amendment Deleted: the Environment and Deleted: (Added 04/05/06) Regulations 3891-3-4.06 Permit by Rule for Collection, Transportation, Processing, and Disposal, Official Code of Georgia Annotated 12-8-20 Georgia Comprehensive Solid Waste Management Act, Fulton County Solid Waste Management Plan, and Waste Transfer Stations: A Manual for Decision-Making (EPA 530­ R-02-002, June 2002). 19.4.44. RESERVE. Deleted: (Added 04/05/06) Deleted: OPEN CITY OF MILTON ZONING ORDINANCE 19-67 RZ07-017 Text Amendment A < City of Milton 13000 Deerfield Parkway,Suite 107, Milton, Georgia 30004 - CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29,2007 FROM: Interim City Manager AGENDA TTEM: ZM07-007, To modify Condition 3.a. (032-159) to reduce the perimeter building setback along the north property line for Lot 33, Phase 4 -Unit 1 of Triple Crown Subdivision from 50 feet to 36 feet. MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMA TEON: (Attach addtfional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (1 NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ()YES NO CITYArrORNEY REVlEW REQUIRED: 0 YES aQNO APPROVAL BY CINATTORNEY 1)APPROVED (1 NOT APPROVED PETITION NUMBER(S): ZM07-007 PROPERTY INFORMATION ADDRESS 508 AFFIRMED LANE DISTRICT, LAND LOT 2/2, 739,773,774 OVERLAY DISTRICT NORTHWEST FULTON EXISTING ZONING CUP(COMMUNITY UNIT PLAN) 2003Z-159 EXISTING USE SINGLE FAMILY RESIDENTIAL PETITIONER David Neal ADDRESS 2925 Leeds Garden Lane PHONE 770.569.2217 APPLICANT’S REQUEST: To modify condition 3.a. of 03Z-159, to reduce the perimeter building setback along the north property line from 50 feet to 36 feet, for Lot 33, Phase 4, Unit 1, of Triple Crown subdivision. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 1 of 10 ZM07-007 Condition to be Modified: 2003Z-159 3. To the owner’s agreement to the following site development considerations: a. Minimum Development standards: Lot width—90 feet; Lot frontage—35 feet; Front yard—30 feet; Side yard—10 feet; Side yard corner—20 feet; Rear yard—50 feet; Perimeter Building Setback—50 feet. Analysis and Recommendation: The subject site is developed with as a single family subdivision. It was rezoned from AG-1 to CUP, pursuant to 2003Z-0159 and 2001Z-0060, for a maximum density of .60 dwelling units per acre zoned. The subject lot, Lot 33 is located on the perimeter of the subdivision, therefore requiring a 50 perimeter setback. The applicant states that the encroachment was discovered when the owners, Philip and Ann Morris, requested a survey for closing. He believes that stake was accidentally moved during the construction of the foundation. Mr. Neal states that the only alternative to the approval of this modification is to repurchase the house from the current owners, tear it down, and rebuild it. The cost would most likely cause his business to fail. Staff is of the opinion that the reduction of the perimeter setback for this lot from 50 feet to 36 feet would be consistent with the intent of the overall plan for the subdivision. Staff is of the opinion that the proposed modification would have minimal adverse affect on the adjacent properties, if the additional 25 foot landscape strip planted to buffer standards is required. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 2 of 10 ZM07-007 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (2003Z-0159) should be revised to read as follows: 3. To the owners agreement to the following site development considerations: a. Minimum Development standards: Lot width—90 feet; Lot frontage—35 feet; Front yard—30 feet; Side yard—10 feet; Side yard corner—20 feet; Rear yard—50 feet; Perimeter Building Setback—50 feet; Perimeter building setback for Lot 33, Phase 4, Unit 1—36 feet. e. On Lot 33, Phase 4, Unit 1, provide a 25 foot landscape strip, planted to buffer standards along the north (perimeter) property line, adjacent to Sycamore Farms, from the line marking the beginning of Land Lot 773 and continuing for approximately 200 feet. Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 3 of 10 ZM07-007 ZM07-007 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 4 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 5 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 6 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 7 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 8 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 9 of 10 ZM07-007 Prepared by the Community Development Department for the Mayor and City Council Meeting on December 13, 2007 11/29/2007 Page 10 of 10 ZM07-007 r CQ of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29,2007 FROM: Interim City Manager AGENDA ITEM: Approval Revisions to Chapter 7 Code of Ordinances -Alcohol Beverage Licenses. MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMATION: (Attach additsonal pages rf necessary) See attached memorandum APPROVAL BY ClTY MANAGER: APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: d YES (1 NO CITY ATTORNEY REVIEW REQUIRED: g YES (3 NO APPROVAL BY CITY ATTORNEY )'(APPROV€D~(] NOTAPPROVED PLACED ON AGENDA FOR: 12 ~b 07 REMARKS: City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CH2M Hill Director of Operations Date: Submitted on October 25 for November 15, 2007 City Council Meeting Agenda Item: Approval Revisions to Chapter 7 Code of Ordinances – Alcohol Beverage Licenses CMO (City Manager’s Office) Recommendation: Approve the recommended revisions to the ordinance governing Alcohol Beverage Licensing. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. The original ordinance was approved by the City Council on November 21, 2006. Subsequent to that approval, the Department of Operations put into place business processes and procedures to effectively issue Alcohol Beverage Licenses in compliance with the ordinance. During the implementation of the ordinance provisions, staff has realized that sections of the ordinance require revision and in several areas, additions to ordinance are also recommended. Discussion: The major changes reflected in the revision to Chapter 7 include: 1) Addition of the advertising requirements as part of the new license application process 2) Deletion of the appointment of an Alcohol License Review Board and the addition of the recognition of the Mayor and Council as the review board and deleting all reference to board member expiration 3) Deletion of all reference to fingerprint requirements as part of new applications, renewal applications and pouring permits. 4) Deletion of all reference to noise prohibitions – this item is covered in the City’s separate noise ordinance 5) Addition of provisions for wine tasting events 6) Minor clarifications to the pouring permit application process 7) Clarification regarding the issuance of a temporary pouring permit for a special event Concurrent Review: Chris Lagerbloom, Interim City Manager Charles Millican, Interim Public Safety Director Tami Hanlin, Operations Director 1 ____________________________ _____________________________ ORDINANCE NO. 07-11-53 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 7, ALCOHOL BEVERAGES, OF THE CITY OF MILTON CODE OF ORDINANCES BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called Council meeting on the 15th day of November, 2007 at 7:00 p.m. as follows: SECTION 1. That the Ordinance relating to amending Chapter 7 Alcohol Beverages of the City of Milton Code of Ordinances, is hereby adopted and approved; and is attached hereto as if fully set forth herein; and, SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 15th day of November, 2007. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) Chapter 7: Alcohol Beverages ARTICLE 1: General Provisions Section 1: Sale in city; license a privilege (a) Alcohol beverages may be sold in the City under a license granted by the Mayor and City Council upon the terms and conditions provided in this section. (b) All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all terms and conditions imposed by this Code and state law. (c) All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to be revoked and annulled, and is subject to any further ordinances which may be enacted." (d) Any holder of a license issued pursuant to this chapter is required to apply for and obtain an alcohol beverage license from the state before any sales commence. Additionally, City licensees are required to abide by all applicable state regulations and laws. State law references: Permit or license from governing authority required for wholesale or retail sales of alcohol beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2. Section 2: Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) “Alcohol beverage” means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this section. (c) “Beer or malt beverage” means any alcohol beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than six percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known as "non-alcohol" beer," which is made by fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent, but more than one-tenth percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as Japanese rice wine. (d) “Bottle house” means any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s alcohol beverages on the premises. Page 1 of 43 (e) “Brewpub” means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3- 5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term “eating establishment” means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty (50) percent of its annual gross food and beverage sales from the sale of prepared meals or food. (f) “Distilled spirits or spirituous liquor” means any alcohol beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines. (g) “Eating establishment” means any public place, including a place available for rental by the public, selling prepared food for consumption by the public on the premises with a full service kitchen. A full service kitchen will consist of a three-compartment pot sink, a stove or grill permanently installed, and refrigerator all of which must be approved by the health and fire departments. An eating establishment will be prepared to serve food every hour they are open and will derive as least fifty percent (50%) of its annual gross food and beverage sales from the sale of prepared meals or food. (h) “Fortified wine” means any alcohol beverage containing more than twenty-one percent (21%) alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy. (i) “Governing authority” means the Mayor and City Council of Milton, Georgia. (j) “Hotel” means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Such hotels shall maintain a minimum of fifty (50) rooms available for hire and have one or more public dining rooms with an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment described in this chapter and the holder of such franchise shall be included in the definition of a hotel pursuant to this definition. (k) “License” means an authorization granted by the City to operate as a retail consumption dealer, retail package dealer or wholesale dealer. (l) “Licensee” means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. (m) “Liter” means metric measurement currently used by the United States. (n) “Manufacturer” means any maker, producer, or bottler of an alcohol beverage. Manufacturer also means: in the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; in the case of malt beverage, any brewer; in the case of wine, any vintner. Page 2 of 43 (o) “Package” means a bottle, can, keg, barrel, or other original consumer container. Retail package alcohol beverages shall include all alcohol beverages in their original container, sold at retail to the final consumer, and not for resale. (p) “Person” means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (q) “Pouring permit” means an authorization granted by the City to dispense, sell, serve, take orders, or mix alcohol beverages in establishments licensed as a retail consumption dealer. (r) “Retail consumption dealer” means any person who sells alcohol beverages for consumption on the premises, at retail, only to consumers and not for resale. (s) “Retail package dealer” means any person who sells unbroken packages, at retail, only to consumers and not for resale. (t) “Wholesaler or wholesale dealer” means any person who sells alcohol beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (u) “Wine” means any alcohol beverage containing not more than twenty-one percent (21%) alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to the definition of wine contained in this section. Section 3: Penalties for Violations of Chapter Any person who violates any provisions of the sections in this chapter may, upon conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each offense and/or up to thirty (30) days in the City Jail, unless a different penalty is set out in specific sections of this chapter. Section 4: Sale or possession for sale without license or beyond boundaries of premises covered by license It shall be unlawful for any person to sell or possess for the purpose of sale any alcohol beverage where the person does not have a license granted by the City to sell or possess for sale these alcohol beverages, or to sell or make deliveries beyond the boundaries of the premises covered by the license. Violations of this section shall result in a fine of not less than three hundred dollars ($300.00) and/or thirty (30) days in jail. Page 3 of 43 Section 5: Distance requirements (a) No person may sell or offer to sell any distilled spirit in or within one hundred (100) yards of a church building or within two hundred (200) yards of any school building, educational building, school grounds, or college campus. (b) No person may sell or offer to sell any wine or malt beverage within one hundred (100) yards of any school building, school grounds, or college campus. (c) As used in this section, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. (d) The term "church building" as used in this section shall mean the main structure used by any religious organization for purposes of worship. (e) For purposes of this section, distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1)From the main entrance of the establishment from which alcohol beverages are sold or offered for sale; (2)In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3)Along such public sidewalk, walkway, street, road or highway by the nearest route; (4)To the main entrance of the church building, or to the nearest portion of the school grounds. (f) No location which is licensed to sell alcohol beverages on the effective date of the ordinance from which this section derives shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in this Section 5. (g) As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcohol beverages was lawful at such location at any time during the 12 months immediately preceding such application. State law references: Sales of alcohol beverages near churches, schools or college campus, O.C.G.A. § 3-3-21. Page 4 of 43 Section 6: Temporary licenses for the sale of alcohol beverages (a) The City Manager is hereby authorized to issue temporary licenses for the sale of alcohol beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Temporary licenses may be issued for such period as may be determined by the City Manager, not to exceed sixty (60) days. No such license shall be issued unless: (1)A written application for the same is filed with the City Manager. (2)An application for a permanent license, together with payment in full fee thereof, has been deposited with the City Manager. (3)The City Manager is satisfied that the location for the proposed license substantially complies with the provisions of the ordinance authorizing such license in Milton. (4)The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (5)There is payment of the fees prescribed by this section. (6)There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the City Manager at any time. (c) The fee for issuance of a temporary license under this section shall be set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council. (d) The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. State law references: Local license required for wholesale or retail sales of wine, O.C.G.A. § 3-6- 40. Section 7: Separate application and separate license for each location of sale Separate applications must be made for each location and separate licenses must be issued. Section 8: Application forms (a) All persons desiring to sell alcohol beverages shall make application on the form prescribed by the City Manager. (b) The application shall include but shall not be limited to the name and address of the applicant; the proposed business to be carried on; if a partnership, the names and residence address of the partners; if a corporation, the names of the officers; the names and address of the registered agent for service of process; the name of the manager(s); and the name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought. If the manager changes, the applicant must furnish the City Treasurer’s office Page 5 of 43 the name and address of the new manager and other information as requested within ten days of such change. (c) All applicants shall furnish data, fingerprints, financial responsibility and other records as required by the City Manager and to ensure compliance with the provisions of this chapter. Failure to furnish data pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (e) In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. (f) The City Manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. Section 9: Withdrawal of application Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded less applicable processing fees. After issuance of the license, no refunds will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. Section 10: Licensing qualifications (a) No license for the sale of alcohol beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) Where the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. In the case of a corporation the license shall be issued jointly to the corporation and the majority stockholder, if an individual. Where the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its agent registered under the provisions of this chapter. In the case of a partnership, the license will be issued to all the partners owning at least twenty percent (20%) of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcohol beverage license unless it shall appear to the satisfaction of the City Manager or his designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal Page 6 of 43 possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for any alcohol beverage license, the applicant shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment, has been convicted or has pleaded guilty or entered a plea of nolo contendere and has been released from parole or probation to any crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of ten years immediately prior to the filing of such application. An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make an applicant ineligible for an alcohol license. Should any applicant, partner, or officer used in the sale or dispensing of any alcohol beverage, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages, including sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime, the license shall be immediately revoked and canceled. (d) No license for the sale of alcohol beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any City employee directly involved in the issuance of alcohol beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcohol beverages in the city. (f) No license for the sale of alcohol beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the State of Georgia previously revoked within two years prior to the filing of the application. (g) The City Manager may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All licensed establishments must have and continuously maintain in Fulton County, Georgia a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the City Manager and shall be in such form as he may prescribe. Page 7 of 43 (i) All applicants for any alcohol beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (j) A license application may be denied to any applicant for any alcohol beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person or persons who would not otherwise qualify for a license for any reason whatsoever. (k) The City Manager, in his discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, application or the proposed location of the business. If in his judgment circumstances are such that granting of the license would not be in the best interest of the general public, such circumstances may be grounds for denying the application. (l) For purposes of this chapter, a conviction or plea of guilty of nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (m) All applications for alcohol beverage permits shall be approved via ordinance by the City Council. License applicants shall be required to meet all public hearing advertising notice requirements as follows: (1) The applicant for an original license shall, at his own expense, post a notice on the premises to be licensed. The notice shall be posted for at least fifteen (15) days prior to the date of the hearing. The notice shall be on a sign having a surface of not less than twelve (12) square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: (1) That an application for a license to sell alcoholic beverages on the premises has been filed with the City of Milton; (2) The type of license applied for; (3) The time and place of the public hearing to be held on such license application; and (4)The names in which the license is to be issued. The advertisement shall be placed with the base of the sign not more than three (3) feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten (10) feet there from. The City Treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include the date the application will be considered by the City Council, the Page 8 of 43 location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter and the name of the applicant. The applicant shall pay the publication costs. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two (2) weeks immediately preceding consideration of the application by the City Council. The license shall be issued following the approval of the ordinance by the City Council. State law references: Governing authority shall set forth ascertainable standards pertaining to the granting, refusal, suspension or revocation of alcohol beverage permits or licenses, O.C.G.A. § 3-3-2. Section 11: License fee scale Before a license may be granted, the applicant therefore shall comply with all rules and regulations adopted by the Mayor and City Council regulating the sale of alcohol beverages and each applicant shall pay a license fee in accordance with the scale fixed from time to time, by the Mayor and City Council contained in section 12 and kept on file in the office of the City Treasurer. Section 12: Fees enumerated License fees for the privilege of selling any alcohol beverage, either retail or wholesale, shall be set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council. The license fees so established shall be in addition to any excise tax lawfully imposed. State law references: Maximum license fee, O.C.G.A. § 3-4-50. Section 13: Collection of fees or taxes sums due If any person shall fail to pay the sum due under this chapter, the City Manager or his/her designee shall issue an execution against the person so delinquent and his property, for the amount of the delinquent fee or tax. Section 14: Transferability of license (a) No license for the sale of alcohol beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcohol beverages for a period of forty-five (45) days from the date of death or until expiration of the license or until approval of a new licensee, whichever shall first occur, provided that no sale of alcohol beverages shall be allowed until such time as a personal representative of the estate, Page 9 of 43 appointed by a probate court of competent jurisdiction, shall make application for authorization with the City Manager. (c) If a license is surrendered or a licensee severs his association with a licensed establishment, the establishment may continue to sell alcohol beverages for a period of forty-five (45) days from the date of surrender, or from the date determined by the City Manager to be the date of severance, provided no such sale shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization to sell under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partnership holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in revocation of the license being used and a fine on the new ownership and the old ownership of not less than three hundred dollars ($300.00) and/or thirty (30) days in jail. No license will be issued to the old or the new owner in the county for one year from the date of the violation. (g) Should a licensee make application to the City Manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council (see Exhibit B – Fee Schedule). The license fees so established shall be in addition to any excise tax lawfully imposed. . Section 15: Display of license at place of business The City alcohol beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. Section 16: Expiration and renewal of license (a) All licenses granted under this chapter shall expire on December 31, each year. Licensees shall be required to file a renewal application (with the requisite fee enumerated in Exhibit B – Fee Schedule) with the City Manager on the form provided for a new or renewal license for the Page 10 of 43 ensuing year. The applicant shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year.as if no previous license had been held. Alcohol Beverage Licenses renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent (10%) late fee and a 1 percent (1%) per month simple interest charge on the delinquent balance. Businesses failing to renew their alcohol licenses prior to December 15 must reapply for an alcohol beverage license in which the application will be treated as if no previous license had been held, including the requirement of investigative, zoning, and distance requirements will be reviewed. Investigative and administrative costs will be assessed as may be prescribed from time to time by the Mayor and City Council. (b) All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year except for applications for temporary licenses under Section 6. (c) Any person applying for a new license issued under this chapter who shall pay the required fee, or any portion thereof, after January 1, shall, in addition to the annual fee and late charges, pay simple interest of one percent (1%) per month on the delinquent balance. Section 17: Automatic license forfeiture for nonuse Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the product or products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. Section 18: Suspension or revocation of license The City Manager shall impose a suspension of a license, or revoke a license, upon receiving information of occurrence of any one of the following events: (a) A license may be denied, or immediately suspended or revoked where the licensee furnishes fraudulent or untruthful information in the application for a license and for failure to pay all fees, taxes or other charges imposed under the provisions of this chapter and state law. (b) Whenever the state shall revoke any permit or license to sell alcohol beverages the City license shall thereupon be automatically revoked. The public safety director, upon receiving notice of the state revocation, shall take the necessary steps to see that signs are removed and that all alcohol beverage sales cease. (c) Any licensed establishment that is found to be in violation of the provisions of this ordinance shall be subject to immediate license revocation. Page 11 of 43 (d) The license shall be revoked of any licensee whose license has been suspended three or more times in any consecutive twelve (12) month period. (e) The license shall be revoked of a licensee of any premises where alcohol beverages have been sold or distributed during a period of suspension. (f) The license may be suspended or revoked of any establishment which does not meet the licensing qualifications set forth in this chapter at any time such knowledge becomes known to the City officials. (g) An act or omission of a licensee, owner of more than twenty percent (20%) interest in the licensed establishment, or employee of the licensee or licensed establishment willingly or knowingly performed, which constitutes a violation of federal or state law or of any provision of this chapter will subject the licensee to suspension or revocation of its license in accordance with the provisions of this chapter, regardless of whether any criminal prosecution or conviction ensues; provided, however, in the case of an employee, it shall be established that the acts of the employee were known to or under reasonable circumstances should have been known to the licensee, were condoned by the licensee, or where the licensee has not established practices or procedures to prevent the violation from occurring. (h) Whenever it can be shown that a license under this chapter no longer maintains adequate financial responsibility upon which issuance of the license was conditioned, or whenever the licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the City. (i) Whenever this chapter permits suspension of any license, but does not mandate the period of suspension, the following guidelines shall apply: (1)First suspension in a twelve (12) month period shall not exceed thirty (30) days. (2)Second suspension in a twelve (12) month period shall not exceed sixty (60) days. (3)Third suspension in a twelve (12) month period shall cause a revocation of license and result in the inability of licensee to obtain a license from the City for a term of three (3) years from the date of revocation. Section 19: License Review Board: Hearings (a) There is hereby established a License Review Board (“Board”) consisting of the currently seated Mayor and six council members. five (5) members appointed by the Mayor and Council. Each member shall serve a term of four (4) years. (b) The Board shall have the following duties: (1)To hear deferred applications or appeals from administrative decisions by the City Manager with regard to issuance of licenses, transfers, renewals, change of ownership or other matters affecting such licenses. (2)To hear appeals with regard to issuance or renewal of employee pouring permits. (3)To hear any matter involving revocation or suspension of a license or other disciplinary action against a licensee, or employee under a work permit. (4)To consider and act upon any other matter specifically delegated to the Board by City ordinance, resolution or action of the Council. Page 12 of 43 (c) Applicants or licensees shall be given written notice of the date, time and place when the Board will consider the respective matter. The applicant and interested parties shall be afforded the opportunity to be heard by the Board and present evidence to the Board prior to making its decision. No alcohol beverage license having been issued shall be suspended or revoked except for due cause as defined in this section, after a hearing and upon written notice to the holder of such license of the time, place and purpose of the hearing and a statement of the charge or charges upon which the hearing shall be held. Ten (10) days notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the Board may deem the circumstances to justify. Due cause for the suspension or revocation of a license shall consist of the violation of any laws or ordinances regulating the business or for the violation of any state or federal law; or any reason which would authorize the City to refuse the issuance of a license; or any violation of this chapter. Further, the public safety department shall notify the City Manager of a licensee or anyone in the employ of a licensee (A) being charged with or arrested for selling alcohol beverages (B) to an underage person or persons or (C) being convicted of selling alcohol beverages to an intoxicated persons pursuant to O.C.G.A. § 3-3-22 during the current license year. Once the City Manager becomes aware of such, charge(s), arrest(s) or conviction(s) he/she shall place the matter before the Board for hearing. The Board, at said hearing and after receiving evidence may order the license to sell or serve alcohol beverages be suspended or revoked if the evidence so warrants. All decisions of the Board shall be in writing, and a copy furnished to the applicant or licensee. (d) The Board shall have the authority to hear or determine any matter set forth in this chapter unless specifically prohibited there from. (e) The decision of the Board shall be final unless appealed by applicant or licensee to the Council within ten (10) days of the date of its written decision. The appeal shall be in writing and filed with the City Clerk. The Council shall conduct a de novo hearing at a regularly scheduled meeting within thirty (30) days of the filing of the appeal to hear evidence and, at conclusion of such hearing render a decision to uphold the decision made by the Board, reverse the decision made by the Board, or in its discretion, modify the decision made by the Board. The decision of the Council shall be rendered not later than its next regularly scheduled meeting. (f) The decision of the Council as rendered on an appeal under this article shall be final unless licensee applies to the Superior Court of Fulton County by filing a Petition for Writ of Certiorari within thirty (30) days of the decision rendered by the Council. (g) The Board shall meet at such times as necessary as determined by the Board and shall render decisions within a reasonable time. Three Four members of the Board shall constitute a quorum, and all decisions of the Board shall require a majority vote of the quorum. Such meeting shall not be scheduled later than thirty (30) days from the time a matter is filed for hearing or appealed to the Board. (h) The Mayor Board shall select one of its members to serve as chair and one member to serve as secretary to serve at the pleasure of the Board.minutes and records of all proceedings shall be recorded by the City Clerk and kept and maintained in the office of the City Clerk. Page 13 of 43 Section 20: Notice For the purpose of this chapter, notice shall be deemed delivered personally, or served by certified mail within three days after the date of deposit in the United States mail. Section 21: Advertising; location requirements; signs (a) No outdoor advertising or signs with respect to the promotions of the sale of alcohol beverages, or the prices of such beverages, shall be permitted on the exterior of any retail package outlet, on the premises consumption dealer or in the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the City advertising or promoting the sale of alcohol beverages, except that a store displaying its merchandise may, in the same manner as such other merchandise is displayed, erect a sign or signs indicating the counter on which the merchandise is displayed provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcohol beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the price of an alcohol beverage exposed or offered for sale. No other sign may be exposed prominently within or without the retail establishment showing prices or indicating that alcohol beverages are for sale on the premises. (d) Alcohol beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. Section 22: Audits of licensees (a) If the City Manager deems it necessary to conduct an audit of the records and books of the licensee, he shall notify the licensee of the date, time and place of the audit. The City Manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license(s) issued under this chapter. (b) All licensed establishments must maintain the following records for a three-year period and make them available for audit at the licensed premises: (1)Monthly income or operating statements. (2)Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3)Daily cash register receipts such as Z tapes or guest tickets. (4)Monthly state sales and use tax reports. Page 14 of 43 (5)Federal income tax return with all Form 1099's. The City Manager can waive all or some of the requirements of the foregoing sentence if the City Manager finds that no such records exist and it is not financially practical based on the net income of the licensed establishment to require them to keep such records. Section 23: Retailer to purchase from licensed wholesaler only (a) No retailer shall purchase alcohol beverages from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcohol beverage to anyone other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (b) The City Manager or his/her designee may request, from time to time, information concerning purchases and sales of alcohol beverages from retailers and wholesalers. Section 24: Retail consumption dealers to store inventory only on premises No retail consumption dealer licensed under this chapter shall keep any beer or malt beverage or wine or other alcohol beverages at any place except the licensed place of business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby distilled spirits ordered by a licensee are stored by a licensed wholesaler. Section 25: Addition to contents of alcohol beverages prohibited No one shall add to or permit the adding to any alcohol beverage or refill any alcohol beverage manufacturer's container in any manner. Section 26: Poured alcohol to be transported by employees Poured alcohol beverages will be transported from point of dispensing to the customer by permitted employees only. Section 27: Licensees to maintain a copy of this chapter; employees to be familiar with terms; licensee responsible for violations Each alcohol beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employees selling alcohol beverages shall at all times be familiar with the terms of this chapter. Section 28: Employment of underage persons prohibited; exceptions (a) No person shall allow or require a person in his/her employment under eighteen (18) years of age to dispense, serve, sell, or take orders for any alcohol beverage. Page 15 of 43 (b) The provisions of this section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets or convenience stores from selling or handling alcohol beverages which are sold for consumption off the premises. (c) It is unlawful for any person under the age of eighteen (18) years of age to work as an entertainer in any establishment licensed under this chapter without written consent from parents or guardian. Section 29: Failure to require and properly check identification It shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his possession alcohol beverages while in a licensed establishment. Identification in this section shall mean any document issued by a governmental agency containing a description of the person, such person's photograph and giving such person's date of birth and shall include, without being limited to, a passport, military ID card, driver's license or state department of public safety ID card. Section 30: Sales to underage persons prohibited No holder or employee of the holder of a license authorizing the sale of alcohol beverages, shall do any of the following upon the licensed premises: (a) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcohol beverage to any person under the age of twenty-one (21) years. (b) The prohibition in subsection (a) of this section shall not apply with respect to the sale of distilled spirits to a person when such person has furnished proper identification showing that the person to whom the distilled spirits are being sold is twenty-one (21) years of age or older. For the purposes of this subsection proper identification means any document issued by a government agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth, including but not limited to, a passport, military identification card, driver's license, or identification card authorized under an act to require the department of public safety to issue identification cards to persons who do not have a motor vehicle driver's license. Proper identification shall not include a birth certificate. (c) Sell or offer to sell any alcohol beverages to any person who is noticeably intoxicated, who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to the licensee or his employees. (d) Sell alcohol beverages upon the licensed premises or permit alcohol beverages to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law. (e) No person who holds a license to sell alcohol beverages by the drink shall allow any minors to be in, frequent or loiter about the licensed premises of the establishment or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such Page 16 of 43 minors shall be permitted in eating establishments, indoor commercial recreational establishments, or private clubs as defined in this chapter without being accompanied by a parent, legal guardian, or custodian and provided further that this section shall not apply to minors who are employees under the terms of this chapter. (f) The penalty for violation of this section by an individual shall be as follows: (1)For the first offense, a minimum fine of two hundred dollars ($250.00). (2)For the second offense and subsequent violations within one year, a minimum fine of five hundred dollars ($500.00). (g) Any licensed establishment where three or more violations of this section, or Section 3-3-23 of the Georgia Alcohol Beverage Laws and Regulations, have occurred within any thirty-six (36) month period shall be punished as follows: (1)For the third offense within any thirty-six (36) month period, suspension of license(s) for a period not to exceed 90 days. (2)For the fourth and any subsequent violation within any thirty-six (36) month period, suspension of license(s) for a period not to exceed one year. As to the penalties in subsection (g), if there is a change in a majority of the licensed establishments' owners, partners or shareholders, the violations under the old ownership shall not count against the new owners; however, a different corporation, partnership or other association will be charged with the violations of its predecessor(s) if a majority of the owners, partners or shareholders are the same. State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21) years of age of alcohol beverages; use of false identification; proper identification for sale of alcohol beverages; dispensing, serving, etc., of alcohol beverages by persons under twenty-one (21) years of age in the course of employment; seller's duty to request proper identification, O.C.G.A. § 3-3-23. Section 31: Purchase or possession of alcohol beverages by underage persons (a) No person under the age of twenty-one (21) years of age shall purchase or possess any alcohol beverage. (b) No person under the age of twenty-one (21) years of age shall attempt to purchase any alcohol beverage or misrepresent his/her age in any manner whatever for the purpose of obtaining alcohol beverages. Section 32: Regulations as to employees and manager The following regulations shall apply to all establishments holding a license for consumption of alcohol beverages on the premises: (a) No person shall be employed to dispense, sell, serve, take orders, mix alcohol beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been fingerprinted or cleared by the public safety director or his designee, indicating that the person is eligible for such employment. Page 17 of 43 (b) This section shall not be construed to include volunteer groups with non-profit tax exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a non-profit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of eighteen (18) shall be allowed to dispense, sell, serve, take orders or mix alcohol beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy(s), cook(s), or dishwasher(s) shall also be excluded from this section. (c) No pouring permit shall be issued until such time as a signed application has been filed with the City Manager police department, chief of police or designee, and upon paying a fee which shall be established by the Mayor and City Council, and a search of the criminal record of the applicant completed. The application shall include, but shall not be limited to, the name, date of birth, social security number and prior arrest record of the person, though the fact of an arrest record shall be used for investigative purposes only, and shall give rise to no presumption or inference of guilt. Due to the inclusion of arrest information, These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The public safety director or his designee shall have a complete and exhaustive search made relative to any police record of the applicant. person fingerprinted or cleared. If there is no record of a violation of this chapter, the public safety director or his designee shall approve the issuance of a permit to the person, by mail, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the public safety director or his designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) No person shall be granted a pouring permit unless it appears to the satisfaction of the public safety director or his designee, that such person has not been convicted or pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession or sale of controlled substances or the illegal sale or possession of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, solicitation of sodomy, or any sexual related crime within a period of five years of the date of conviction and has been released from parole or probation. A person's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make a person ineligible for an alcohol pouring permit. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail themselves of the Georgia First Offender Act (Ga. Laws 1968, p. 324) as amended. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and Page 18 of 43 the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcohol pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (k) below, the alcohol pouring permit must be in the possession of the employee while the employee is working at the licensed establishment. This permit must be in the possession of the employee while the pouring permit holder is working and available for inspection by members of the public safety department or the City Manager's staff. All persons employed to dispense, sell, serve, take orders, mix alcohol beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified Alcohol Awareness Server, as defined in Section 43 of this Article, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (g) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the City police department for an alcohol beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then thirty (30) calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) All permits issued through administrative error can be terminated and seized by the public safety director or his/her designee or the City Manager or his/her designee. (i) Replacement permit(s) will be issued within thirty (30) days of original date, upon paying one-half of the fee(s) charged for an original alcohol pouring permit. After thirty (30) days of original application date, a new application and fee must be submitted. (j) All permits issued under this chapter remain the property of the City of Milton and shall be produced for inspection upon demand of any City of Milton police officer or designee(s) or code enforcement officer. (k) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in their possession a current valid city pouring permit. For new employees, application for a permit must be made within five (5) calendar days of date of initial employment.receipt issued by the city police permit unit may be used for a maximum of 30 days from the date of its issue.Licensees are required by this chapter to inspect and verify that each employee has is required to have in his/her possession a valid City of Milton alcohol pouring permit. (l) It shall be the duty of all person(s) holding any license(s) to sell alcohol beverages to file with the City chief of police or his/her designee,the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers, twice annually during the month of June and again during the month of December. Page 19 of 43 (m) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of premises abutting public right-of-ways during all hours the business is open and to do an inspection of the premises within three (3) hours after closing. The term “maintain” is defined as keeping the defined areas free of bottles, cans, cups, trash and other litter. Any person(s) convicted of any violation(s) of this section shall receive a fine in an amount not to exceed state law. Section 33: Open area and patio sales (a) Alcohol beverage sales can be made by a licensed consumption on-premises establishment in a patio/open area type environment if the establishment has been approved to do so by the City Manager. (b) The requirement for approval is that the patio/open area be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The purpose of this requirement is to prevent a customer from leaving the outside sales area with an open drink without the licensee's knowledge. (c) The height of such structure shall be a minimum of three feet above ground level. It does not have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It must be permitted and approved by the city's building inspection department and the city's fire department as required by their governing regulations or codes. (d) The only exit from this type area is to be through the licensed establishment's main premises and through an approved fire exit, not for general public use unless an emergency exists. The fire exit should be of the type that sounds an alarm so that the establishment will be alerted in the event of unauthorized use when no emergency exists. (e) If a licensee desires a patio/open sales area inside an existing structure, plans will be reviewed and approved on an individual basis by the City Manager Community Development Department. Interior type patio/open sales areas must meet the requirements of the city's development and fire codes. (f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the premises license from making sales and allowing consumption of alcohol beverages in ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel, provided such functions are catered in connection with a meeting, conference, convention or similar type gathering at such hotel or motel. "Patio areas," as that term is used in this subsection, do not have to conform to the standards in this section. Section 34: No consumption outside premises (a) It is prohibited for customers to leave the premises with open alcohol beverages, and it is the licensee's responsibility to ensure that no open beverages are sold and carried out. However, Page 20 of 43 nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly owned or privately owned golf course. (b) It is prohibited for customers to gather outside an alcohol beverage establishment and consume alcohol beverages. (c) It is prohibited for the manager or any employee to allow persons to gather outside an alcohol beverage establishment and consume alcohol beverages. Section 35. Ancillary Wine Tasting Provisions (a)The holder of a wine-only package store license shall be eligible for an ancillary wine tasting license to provide samples of wine offered for sale to customers under the conditions set forth in this chapter. (b)Wine sampling shall be on limited occasions when a customer requests a sample of a wine offered for sale within the premises or in conjunction with wine education classes and sampling designed to promote wine appreciation and education. (c)Wine tasting for customers shall only be conducted at a wine counter area constituting no more than ten percent (10%) of the entire floor area of the premises. (d)Wine sampling and tasting is only permitted within the enclosed portion of the premises. (e)No open containers of wine shall be removed from the licensed premises. (f)Wine sampling for customers shall be limited to no more than one time per week for a period not to exceed a consecutive two-hour period in any one day. (g)Samples shall not exceed two (2) ounces and no customer shall consume more than eight (8) ounces in any two-hour period. (h)Wine bottles shall be opened only by the licensee or an employee and samples shall only be poured by the licensee or an employee. (i)Holders of an ancillary wine tasting permit shall not charge for samples or tasting but may accept donations for a charitable organization of their choice. (j)There will be an annual fee to obtain an ancillary wine tasting permit and the fee shall be set forth in the Alcohol Beverage License fee schedule and subject to change from time to time. Section 35 36: Specifications of premises No alcohol beverage license shall be issued to any person unless the building in which the business will be located is complete and detailed plans of the building and outside premises are attached to the application, or unless proposed plans and specifications and a building permit Page 21 of 43 of a proposed building to be built are attached to the application. The completed building or the proposed building shall comply with ordinances of the city, regulations of the state revenue commissioner and the state. The proposed building shall also be subject to final inspection and approval when completed by the building inspector. Each building in which the business will be located shall contain sufficient lighting so that the building itself and the premises on all sides of the building are readily visible at all times from the front of the street on which the building is located so as to reveal all of the outside premises of such building. Each applicant for an alcohol beverage license shall attach to the application evidence of ownership of the building or proposed building, or a copy of the lease if the applicant is leasing the building. If the applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or contract with the application. All premises for which an alcohol beverage license shall be issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by the customers therein. Section 36 37: Solicitation prohibited No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for herself/himself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether alcohol beverage or non-alcohol beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his establishment or to his agent or manager to solicit for herself/himself or for the others, the purchase by the patron of any drink, whether alcohol beverage or non- alcohol beverage or money with which to purchase the beverage. Section 37: Noise from establishments prohibited It shall be unlawful for any establishment licensed under this chapter to make or cause to be made any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others in the city, and which is audible to a person of normal hearing ability from the nearest property line of the business in question. In no event, however, shall any such loud, unnecessary or unusual sound or noise be made by an establishment licensed under this chapter between the hours of 10:00 p.m. and 8:00 a.m. Section 38: Inspection of licensed establishments by the public safety department Sworn officers of the public safety department shall have the authority to inspect establishments licensed under the alcohol beverages ordinances of the City during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. This section is not intended to limit the authority of any other City officer to conduct inspections authorized by other provisions of this Code. Section 39: Establishment can be closed in cases of emergency Page 22 of 43 The public safety director, or his designee, may immediately close an establishment licensed under this chapter in case of emergency, for the safety of the public or to investigate a crime, for a period of time not to exceed twenty-four (24) hours. Section 40: Sale on election days (a) Pursuant to the delegation of authority granted to this governing authority by Act No. 750 (House Bill No. 247) approved April 10, 1985, amending O.C.G.A. § 3-3-20(b)(2)(B), the sale of wholesale and retail of alcohol beverages, to wit: distilled spirits, wine and malt beverages, shall be lawful during the polling hours of any election; provided, however, nothing herein shall authorize the sale of alcohol beverages within two hundred fifty (250) feet of a polling place during such time as the polls are open. (b) All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. State law references: Local governing authority may authorize the sale of alcohol beverages on election days, O.C.G.A. § 3-3-20. Section 41. Bring your own bottle (brown bagging) prohibited It is prohibited for any person to bring in his own alcohol beverage (brown bag) in any establishment either licensed or unlicensed to serve alcohol beverages. Section 42: Types of entertainment, attire and conduct prohibited Pursuant to The Constitution of the State of Georgia Article 3, Section 6, Paragraph VII: (a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsection (a) or (b) of the section. Section 43: Alcohol Awareness Training Page 23 of 43 (a) Any person to whom an alcohol pouring permit is issued and all licensee’s managerial staff shall be required to complete an alcohol awareness training program within thirty (30) days from date the person is issued an alcohol pouring permit. (b) All persons employed within the City as of the enactment of the ordinance, holding a valid alcohol pouring permit, shall have through December 31, 2006 2007, in which to complete an alcohol awareness training program. (c) The City Treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia that are authorized and approved by the City Manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. (d) The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an Alcohol Awareness Server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (e) The establishment employing individual(s) required to complete an alcohol awareness program shall obtain the certificate(s) stating the employee(s) has successfully completed the course and have the same delivered to the City Treasurer to be kept with the record(s) of the employee(s) having an alcohol pouring permit. (f) The privilege of a person to continue having a valid alcohol pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the City in a timely manner. Failure to do so is cause for suspension of the person’s alcohol pouring permit. Article 2: Retail Sales of Distilled Spirits for Consumption on the Premises Section 1: Definitions For the purpose of this article, the following definitions shall apply: (a) “Applicant”means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. (b) “Bottle house”means any place of business open to the public or any private club which allows guests, patrons, or members to bring in and consume the guest’s, patron’s, or member’s alcohol beverages on the premises. (c) “Distilled spirits,”as defined in this article, means any alcohol beverage obtained by distillation or containing more than twenty-one percent (21%) alcohol by volume including, but not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended. Page 24 of 43 (d) “Golf club”means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. (e) “License”means the authorization by the Mayor and City Council to engage in the sale of distilled spirits by the drink for consumption only on the premises. (f) “Licensee” means any person, partner, firm, or corporation, as owner, holding a license to engage in the sale of distilled spirits by the drink for consumption only on the premises. (g) “Owner” means any person, corporation, or partnership or any other entity having a financial interest in the income of the business. "Owner" shall also include any person, corporation or partnership operating a business under a management contract. (h) “Premises”means the definite closed or partitioned-in locality, whether room, shop, or building wherein distilled spirits are dispensed for consumption on the premises by the drink. Section 2: Violations of article; misdemeanor (a) A violation of any section of this article shall be unlawful, the penalty shall be as provided by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be subject to suspension or revocation in accordance with this article. (b)Any such violation may be tried in the Municipal Court of Milton if no jury trial is demanded, otherwise trial shall be in the State Court of Fulton County. State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of city/county ordinances, O.C.G.A. § 36-1- 20(b). Section 3: Condition of premises; restrictive acts (a) The licensed premises shall be kept clean and shall be in full compliance with all regulations of Milton governing the conditions of premises. (b) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the City Manager or designee(s). (c) Milton fire personnel or Fulton County fire personnel shall regularly inspect the premises to see that they are in compliance with all Milton, Fulton County and state fire regulations and report any violation to the City Manager or designee(s). Page 25 of 43 (d) The Milton Community Development Department shall regularly inspect the licensed premise(s) to determine if the premise(s) are in compliance with all technical code(s) of Milton and Fulton County and report any violation to the City Manager or designee(s). (e) Milton police personnel or Fulton County police personnel shall periodically inspect the premise(s) to determine if the licensed premise(s) are in compliance with all provisions of this article and report any violation to the City Manager or designee(s). Section 4: Days allowed for sale The sale of alcohol beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. The sale of alcohol beverages on Sunday and holidays is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20 and O.C.G.A. § 3-3-7. Section 5: Hours The sale of distilled spirits by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 am. until 2:00 am. of the following day. (b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)]. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within thirty (30) minutes after the time set in this section for discontinuance of the sale of alcohol beverages on the premises. (d) The sale of alcohol beverages shall not be permitted within two hundred fifty (250) feet of any polling place on primary or election days (e) The sale of alcohol beverages shall not be permitted on Christmas day [see O.C.G.A. § 3- 3-20] (f) In addition to other requirements under this ordinance, a licensed premise for the sale of distilled spirits by the drink shall comply with the following: (1)The licensed business shall open its business each day it is open by not later than 5:00 pm. (2)The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3)The licensed business shall have a fully equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4)Comply with all requirements of Article 1: General Provisions; Section 3, relating to the manner by which premises shall be maintained. (g) This section shall not apply to private clubs. Page 26 of 43 Section 6: Conditions for a licensee's operation (a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcohol beverage. (b) Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcohol beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The City Manager or the City Manager’s designee shall regularly inspect the records of all sales of alcohol beverages for consumption on the premises and total sales to determine that the licensee is in compliance with this article. (c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in any news media or by any other means the fact that alcohol beverages by the drink may be purchased at such establishment; provided, however, that the licensees hereunder shall be permitted to use the words "your favorite beverages served." (d) Sale; location of. It shall be unlawful for any sales to be made outside of the building, premises, or place of business licensed for such sale except as permitted herein. (e) Opened original packages on licensed premises prohibited. It shall be unlawful for any person except a licensee, his/her manager, or agent in charge of licensed premises, to carry into or have in his possession on any licensed premises, any alcohol beverages in the original package the seal of which has been broken or the original package opened, provided that this section shall not apply to private clubs. (f) Fingerprinting of employees.Employee pouring permits. No person may be employed by an establishment holding a license hereunder until such person has been fingerprinted by the public safety department and has been issued a letter of clearance by the public safety department indicating the person has not violated any law defined by this article. Then a letter of compliance has been issued by the public safety department indicating the person has not violated any law defined by this article and is eligible for such employment . This shall include performers, entertainers, bartenders, barmaids, bouncers, and musicians engaged in temporary work, as well as regular employees. (1)All persons subject to the provisions of this section shall, within five (5) days after the date of their first work in an establishment holding a permit to sell alcohol beverages by the drink to be consumed on the premises, submit an application to the City for an alcohol pouring permit. (2)The public safety department shall have a complete and exhaustive search made relative to any police record of the applicant person fingerprinted. In the event there is a violation of laws as defined in this article, the public safety department shall issue a letter to the person fingerprinted applicant stating that the person is not eligible for employment. Page 27 of 43 (3)Excluded from the provisions of this section are employees whose duties are not in any way involved with the preparation of or service of alcohol beverages; musicians and entertainers, however, are not excluded. (4)Any letter of eligibility for employment issued hereunder shall expire twelve (12) months from the date of issue. The Mayor and City Council may prescribe reasonable fees for certifying the eligibility of employment. Section 7: No sales to minors or physically or mentally incapacitated persons No licensee shall sell or permit to be sold alcohol beverages to a minor, as defined in O.C.G.A. § 3-3-23, as amended, which reads as follows: (a) Except as otherwise authorized by law: (1)No person knowingly, by himself or through another, shall sell, cause to be furnished, or permit any person in his employ to sell or furnish any alcohol beverage to any person under twenty-one (21) years of age. (2)No person under twenty-one (21) years of age shall purchase or knowingly possess any alcohol beverage. (3)No person under twenty-one (21) years of age shall misrepresent his age in any manner whatsoever for the purpose of obtaining illegally any alcohol beverage. (4)No person knowingly or intentionally shall act as an agent to purchase or acquire any alcohol beverage for or on behalf of a person under twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not apply to the sale, purchase, or possession of alcohol beverages for consumption: (1)For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state. (2)At a religious ceremony. (3)In the home with parental consent. (c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to sale of alcohol beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcohol beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and proper identification includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under O.C.G.A. tit. 40, ch. 5, art. 100(O.C.G.A. § 40-5-100), requiring the department of public safety to issue identification cards to handicapped persons who do not have a motor vehicle driver's license. `Proper identification' shall not include a birth certificate. (d) No licensee shall allow or require a person in his or her employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcohol beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or Page 28 of 43 drugstores from selling or handling alcohol beverages which are sold for consumption off the premises. (e) Testimony by any person(s) under twenty-one (21) years of age, when given in an administrative or judicial proceeding against another person(s) for violation of any provision of this section, shall not be used in any administrative or judicial proceeding brought against such testifying person(s) under twenty-one (21) years of age. (f) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. title 15, ch. 11 (O.C.G.A. § 15-11-1 et seq.) (pertaining to juvenile proceedings); or to any person(s) who is physically or mentally incapacitated due to the consumption of alcohol beverage(s). Nor shall any licensee violate O.C.G.A. § 3-3-22, as amended, which provides as follows: `No alcohol beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication.' A violation of this section shall be cause for suspending or revoking such license in accordance with provisions of this article. Section 8: Minors prohibited on licensed premises unless accompanied by parent, guardian, or custodian No person who holds a license to sell distilled spirits by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian, and, provided further, that this section shall not apply to minors who are employees under the terms of this article. Section 9: Employment of minor No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle alcohol beverages who is under 18 years of age. Section 10: Minors misrepresenting age It shall be unlawful for any minor to falsely misrepresent his age in any manner whatsoever where said minor's purpose is to acquire and possess alcohol beverages. Section 11: Happy hour prohibited No holder of any license to sell distilled spirits for consumption on the premises shall engage in any one of the following practices in connection with the sale or other disposition of distilled spirits: (a) The sale of distilled spirits during any special period of the day at prices lower than customarily charged at the premises for distilled spirits during the remainder of the day. Page 29 of 43 (b) The giving away of any distilled spirits in conjunction with the sale of any other distilled spirits. (c) The sale of two or more distilled spirits for a single price, including the sale of all distilled spirits a customer can or desires to drink at a single price. (d) The sale or serving of two or more distilled spirits at substantially the same price customarily charged for one such wine or malt beverage. (e) Requiring or encouraging the purchase of a second distilled spirit at the same time another distilled spirit is purchased or before the first such beverage has been consumed. (f) The sponsoring, conducting or allowing of contests or other promotions on the premises which have as their primary purpose the increasing of the consumption of distilled spirits on the premises. (g) Allowing distilled spirits purchased on the premises to be removed from the premises without having been consumed. (h) Selling distilled spirits in pitchers or in jumbo or extra-large containers for less than the normal retail price charged for an equivalent volume of distilled spirits in a normal size glass or pitcher. (i) This section shall not apply to private functions not open to the public. "Private function not open to the public" shall mean any function wherein the licensee has agreed to the use of the licensee's establishment by a person, firm or organization for a set period of time for valuable consideration. It is the intent of this section to prohibit activities typically associated with promotions referred to as "happy hour." Section 12: Conflicting interests No financial aid or assistance to any licensee hereunder from any wholesaler or manufacturer of wine or malt beverages or other alcohol beverages shall be permitted. Article 3: Retail Sales of Beer or Malt Beverages and Wine for Consumption On the Premises. Section 1: Type of retail establishment where permitted No beer or malt beverages or wine shall be sold for consumption on the premises where sold except: (a) In eating establishments having a full service kitchen (a full service kitchen will consist of a three-compartment sink, a stove or grill permanently installed, a refrigerator, all of which must Page 30 of 43 be approved by the health and fire departments), prepared to serve food every hour they are open; (b) At a publicly owned golf course. These eating establishments must be located in a zoning district which permits restaurants and drive-in restaurants as conforming uses or where these eating establishments are incidental to a hotel or motel. Section 2: License fee and amount to defray investigative and administrative costs to accompany application Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the largest of the investigative and administrative fees authorized under this Code. Any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article shall pay no investigative and administrative costs. Section 3: Hours and days of sale The sale of beer or malt beverages and/or wine by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. (b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)]. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within thirty (30) minutes after the time set in this section for discontinuance of the sale of alcohol beverages on the premises. (d) The sale of beer or malt beverages and/or wine shall not be permitted within 250 feet of any polling place on primary or election days. (e) The sale of beer or malt beverages and/or wine shall not be permitted on Christmas day [see O.C.G.A. § 3-3-20]. (f) In addition to other requirements under this ordinance, a licensed premise for the sale of beer or malt beverages and/or wine by the drink shall comply with the following: Page 31 of 43 (1)The licensed business shall open its business each day it is open by not later than 5:00 pm. (2)The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3)The licensed business shall have a fully equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4)Comply with all requirements of Article 1: General Provisions; Section 3, relating to the manner by which premises shall be maintained. (g) This section shall not apply to private clubs. Article 4: Retail Package Sales of Malt Beverages and Wine State law references: License from county or municipality required for wholesale or retail sales of wine, O.C.G.A. § 3-6-40. Section 1: Type of retail establishment where permitted No beer or malt beverage and/or wine shall be sold at retail except in establishments maintaining fifty (50) percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where an existing establishment exists as a nonconforming use. Section 2: Hours and days of sale (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours within which business may be carried on shall be determined by the standard time in force at the time of the sale of beer or malt beverages and/or wine. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) No retail package alcohol beverages shall be sold on Sunday. Section 3: Use of tags or labels to indicate prices Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed the prices of all beer and wine exposed or offered for sale. Section 4: Quantity sale requirements Single cans or bottles or other containers of alcohol beverages may be sold. Page 32 of 43 Section 5: License fee and amount to defray investigative and administrative costs to accompany application Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the largest of the investigative and administrative fees authorized under this Code. As to any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article, there shall be no investigative and administrative fee. Article 5: Retail Package Sales of Distilled Spirits State law references: Regulation by county or municipality required of package sales of distilled sprits, O.C.G.A. § 3-4-49 No retail package liquor licensed place of business shall be licensed to operate within five hundred (5000 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. Article 6: Wholesalers Section 1: Special provisions applicable to wholesale purchases (a) Any person desiring to sell at wholesale any alcohol beverages in the City shall make application to the City Manager for a license to do so, which application shall be in writing on the prescribed forms, and pay any license as set by the Mayor and City Council. (b) No person who has any direct financial interest in any license for the retail sale of any alcohol beverages in the City shall be allowed to have any interest or ownership in any wholesale alcohol beverage license issued by the city. (c) No retailer shall purchase any alcohol beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcohol beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. Page 33 of 43 (d) No alcohol beverage shall be delivered to any retail sales outlet in the City except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. Section 2: Hours and days of sale Wholesalers shall not engage in the sale of alcohol beverages except between 7:00 a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcohol beverages on Sunday. Section 3: Audit and penalties (a) If the City Manager deems it necessary to conduct an audit of the records and books of the licensee, he shall notify the licensee of the date, time and place of the audit. (b) Any licensee who violates any provisions of this article may, upon conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each offense and/or thirty (30) days in the common jail of the city, and the license may be suspended or revoked. Article 7: Private Clubs State law references: Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq. Section 1: Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Fixed salary” means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcohol beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcohol beverages. (b) “Private club” means any nonprofit association organized under the laws of this state which: (1)Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this article; (2)Has at least seventy-five (75) regular dues paying members; (3)Owns, hires or leases a building or space within a building for the reasonable use of its members with: a.Suitable kitchen and dining room space and equipment; b.A sufficient number of employees for cooking, preparing and serving meals for its members and guests; and Page 34 of 43 c.Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation, any profits from the sale of alcohol beverages beyond a fixed salary. (c) “Sports club” means an association or corporation organized and existing under the laws of the state, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. To qualify for an alcohol beverage consumption dealer's license, a sports club must have been actively in operation within the City at least two years prior to an application for license under this chapter. Provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcohol beverages is to take place on the golf course premises. A sports club organized or operated primarily for serving of alcohol beverages shall not qualify for licensing under this article, and accordingly shall not be permitted to serve alcohol beverages at any time. Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Section 2: Regulation of sale of alcohol beverages Private clubs may sell and dispense alcohol beverages upon compliance with all applicable ordinances and regulations of the City governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. Section 3: Certain organizations exempt from food establishment requirements Veterans’ organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcohol beverages shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. Section 4: Investigative and administrative costs Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the largest of the investigative and administrative fees authorized under this Code. Any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article shall pay no investigative and administrative costs. Section 5: Hours and days of sale Page 35 of 43 (a) No alcohol beverages shall be sold for consumption on the premises except between the hours of 9:00 a.m. and 4 a.m. Monday through Saturday. (b) Alcohol beverages shall not be sold for consumption at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) The sale of beer and/or wine for consumption on the premises is permitted on Sundays from 12:30 p.m. until 12:00 midnight in: (i) any licensed establishment which derives at least fifty percent (50%) of its total annual gross sales from the sale of prepared meals or foods in all of the combined retail outlets of the individual establishment where food is served; (ii) any licensed establishment which derives at least fifty percent (50%) of its total annual gross income from the rental of rooms for overnight lodging. (d) Alcohol beverages may be sold for consumption on the premises from 12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1, of any year. Section 6: Eligibility for issuance of a temporary special event license (a) A temporary pouring permit license may be issued to any person, firm or corporation, for a period not to exceed ten days in any one year, for an approved special event. The person, firm or corporation must make application and pay the fee that may be required by the ordinances and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full service kitchen requirement. (b) The special event must meet the following criterion prior to the issuance of a license to sell alcohol beverages: (1)The event must have been permitted as an approved Special Event through the City’s Community Development Department prior to issuance of a temporary pouring permit. (2)The special event must be associated with and benefit the cause of a charitable or civic organization. (3)The special event must receive approval from the City public safety department on crowd control and security measures. (4)The special event must receive approval from the City department of transportation, traffic operations section, on traffic control measures. (5)The location at which the special event is to take place must be properly zoned and approved by the City planning and development department. (6)The premises at which the special event is to take place must be approved by the City Manager. (c) Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcohol beverages shall not be required to obtain a pouring permit for the special event. Page 36 of 43 (d) The public safety director or his designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the City harmless from claims, demand or cause of action which may arise from activities associated with the special event. Article 8: Hotel-Motel In-Room Service Section 1: License (a) In-room service means the provision of a cabinet or other facility located in a hotel-motel guestroom which contains beer and/or wine only, which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the beer and/or wine contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (b) Any hotel-motel that acquires this in-room service shall also be required to obtain a consumption on the premises license and meet all of the requirements of this chapter. (c) No hotel-motel shall be authorized to provide in-room service until it has been issued a special license to do so. A license fee as set forth by resolution of the City Council be imposed to provide only beer and/or wine by "in-room service." (d) The sale of beer and/or wine by in-room service shall be subject to all restrictions and limitations relative to the retail sale of any alcohol beverages, except as provided otherwise in this article. (e) Keys for in-room service shall only be sold to guest between the hours of 7:00 a.m. until12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. until midnight on Sunday. Article 9: Happy Hour Section 1: Promotions and sales (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcohol beverages for consumption on the premises, shall: (1)Offer or deliver any free alcohol beverage to any person or group of persons. (2)Deliver more than two alcohol beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. Page 37 of 43 (3)Sell, offer to sell, or deliver to any person or group of persons any alcohol beverage at a price less than the price regularly charged for such alcohol beverage during the same calendar week, except at private functions not opened to the public. (4)Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcohol beverages during any set period of time for a fixed price, except at private functions not open to the public. (5)Sell, offer to sell, or deliver alcohol beverages to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not opened to the public. (6)Sell, offer to sell, or deliver alcohol beverages, including malt beverages, in any container which holds more than thirty-two (32) fluid ounces (.947 liters), except to two or more persons at any one time. (7)Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcohol beverage during the same calendar week. (8)Encourage or permit on the licensed premises any game or contest which involves the drinking of alcohol beverages or the awarding of alcohol beverages as a prize. (b) Each licensee shall maintain a schedule of the price charged for all alcohol beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day to day or from hour to hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under subsection (a) of this section. (d) No provision of this section shall be construed to prohibit licensees from offering free food or entertainment at any time, to prohibit licensees from including an alcohol beverage as part of a meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotions referred to as happy hour or similarly designated promotions. (f) The public safety department shall have responsibility for the enforcement of this article. (g) No licensee may require the purchase of any alcohol beverage as a part of or prerequisite to the purchase of any other product or service. If alcohol beverages are included as part of a package of other goods and/or services, the alcohol beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcohol beverages at a price from which the full price of the alcohol beverages has been deducted. (h) Any person deemed guilty of violating this section may be punished by a fine not to exceed the maximum amount allowed by state law and/or by imprisonment not to exceed thirty (30) days in the common jail of the city. Licensees may further be subject to revocation proceedings. Page 38 of 43 Article 10: Excise Taxes *State law references: Levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60. Section 1: Bottled Distilled Spirits by the Package and Wine by the Package; Rate (a) An excise tax is levied on the sale of distilled spirits by the package,at the wholesale level, and is set at the rate set forth by resolution of the City Council. (b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level and is set at the rate set forth by resolution of the City Council. (c) The excise tax(s) imposed shall be collected by all wholesalers selling wines and alcohol beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of wine and alcohol beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of wine and alcohol beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of wine and alcohol beverages in the City of Milton. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Section 2: Levy of Excise Tax on Sale of Malt Beverages; Reporting of Sales; Payment of Tax. (a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is set at the rate set forth by resolution of the City Council (b) The excise taxes imposed shall be collected by all wholesalers selling alcohol beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of malt beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of malt beverages in the City of Milton. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Page 39 of 43 Section 3: Sales of Distilled Spirits by the Drink (a) An excise tax is levied upon every sale of alcohol beverages containing distilled spirits purchased by the drink at the retail level and is set at the rate set forth by resolution of the City Council. (b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the City of Milton shall, at the time of sale for food and drinks served, itemize separately the price of each sale of alcohol beverages containing distilled spirits. (c) Every licensee is required to pay the tax imposed herein for sale of alcohol beverages containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish all information as may be requested by the City to facilitate the collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein provided, upon all retail sales made by licensee of alcohol beverages containing distilled spirits by the drink shall be liable for and pay the tax himself. (d) Due dates, returns and collection fees. (1)All taxes collected by any licensee by this section shall be due and payable to the City Treasurer monthly on or before the twentieth (20th) day of every month next succeeding each respective monthly period. (2)The return for the preceding monthly period shall be filed with the City of Milton in such form as the City may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (3)Returns shall show the gross receipts from the sale of food, if applicable, alcohol beverages containing distilled spirits, indicating the number sold, by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the City, on forms prescribed or authorized by the City. (4)The licensee shall deliver the return, together with the remittance of the net amount of tax due to the City Treasurer. (5)Licensees collecting the tax shall be allowed three percent (3%) of the first three thousand dollars ($3,000.00) of tax due and one-half percent (1/2%) of the amount in excess of three thousand dollars ($3,000.00) as a vendor’s credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. Section 4: Deficiency Determinations. (a) If the City of Milton is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to the City of Milton by a party, the City may compute and determine the amount required to be paid upon the basis of any information within its possession or that may Page 40 of 43 come into its possession. One, or more, deficiency determinations may be made of the amount due for any monthly period. (b) The amount determined to be deficient shall bear interest at the rate of one percent (1%) per month, or fraction thereof, from the fifteenth (15th) day of the month after the close of the period for wholesale tax due, or from the twentieth (20th) day after the close of the period for retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this ordinance, a penalty of twenty-five percent (25%) of the deficiency shall be added thereto. (d) The City shall give to the licensee written notice of the determination. The notice may be served personally or by mail; if by mail such service shall be addressed to the licensee at his address as it appears in the records of the City. In the case of service by mail of any notice required by this Article, the service is complete at the time of deposit in the United States Post Office. (e) Except in the case of fraud, intent to evade this ordinance, or failure to make a return, every notice of deficiency determination shall be mailed within three (3) years after the twentieth (20th) of the calendar month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Section 5: Determination of Tax if no Return Made. (a) If any licensee fails to make a return, the City of Milton shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the City which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the possession of the City. Upon the basis of this estimate, the City shall compute and determine the amount required to be paid the City. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or an intent to evade this ordinance, a penalty of twenty-five percent (25%) of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this ordinance. (c) The City shall promptly give to the party written notice of the deficiency. Section 6: Interest and Penalties for Failure to Pay Tax. (a) Any party who fails to pay the tax herein imposed by the City of Milton or fails to pay any amount of such tax required to be paid by the party, shall in addition to the tax, pay an interest on the outstanding tax obligation at the rate of one percent (1%) per month, or fraction thereof, from the date the tax payment was last due until payment is made. Page 41 of 43 (b) Any party who fails to pay the tax herein imposed to the City or fails to file any required tax return to the City, within the time required shall pay a penalty of fifteen percent (15) of the tax, or amount of the tax and interest, due the City. Section 7: Failure to Pay; Grounds for Suspension or Revocation of Retail License. Failure to pay the taxes imposed by this article or file the required return shall be grounds for suspension or revocation of any retail license to sell alcohol beverages in the City of Milton. In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license to sell alcohol beverages in the City. In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him alcohol beverages the tax imposed by the City, the wholesaler shall immediately report such failure to pay to the business license division of the City and shall make no further sales of any alcohol beverages whatsoever to said retailer until receipt of written notification to do so from the City. In such event, the tax may be collected by the City by an action at law against the retailer. Article 11: Brewpubs Section 1: Definition; licensing; excise tax; administration (a) License required. No person, firm or corporation shall be issued a brewpub license without first obtaining a retail consumption license. (b) Authorization of license holder. A brewpub license authorizes the holder of such license to manufacture on the licensed premises not more than fifteen hundred (1,500) barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form. (c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this article to any wholesaler is prohibited. (d) Excise tax. There is hereby levied an excise tax on all beer and malt beverage produced by a brewpub at the rate set forth by resolution of the City Council. Such tax shall be paid to the Revenue Division no later than the twentieth (20th) day of each month for the preceding month's production. A late payment penalty not to exceed ten percent (10%) of the tax otherwise due shall be added to the amount due for any payment not received by the due date. (e) Administration. (1)The City Treasurer, or his/her designee, is authorized to establish procedures for administering all provisions of this article to include, but not limited to, reporting forms and requirements, or establishing procedures and schedules for conducting financial audits or inspections of the books or records of any establishment licensed under this article. Page 42 of 43 (2)Every brewpub located within the City shall file a monthly report with the Revenue Division, no later than the twentieth (20th) day of each month, on such forms as the Revenue Division may prescribe, setting forth all malt beverages produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of malt beverages during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty set forth by resolution of the City Council. Section 2: Severability If any section, provision or clause of any part of this article shall be declared invalid or unconstitutional, or if the provisions of any part of this article as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this article not so held to be invalid, or the application of this article to other circumstances not so held to be invalid. It is hereby declared as the intent that this article would have been adopted had such invalid portion not been included herein. Page 43 of 43 -p CityofMilton f~13000 Deefield Parkway, Suite 107,Milton. Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: November 29, 2007 FROM: Interim City Manager AGENDA ITEM: Abandonment of Black Oak Road Right of Way. MEETING DATE: Thursday, December 6,2007Regular Meeting BACKGROUND INFORMA TION: (Attach add~tionalpages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: bQ YES Cl7Y ATTORNEY REVIEW REQUIRED: YES (1 No APPROVAL BY CITY ATTORNEY A PPROV ()NOTAPPROVED PLACED ON AGENDA FOR: S*firntm E\J REMARKS: City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Mark E. Scott, City Attorney Date: November 28, 2007 for submission onto the December 8, 2007 City Council Meeting Agenda Agenda Item: Abandonment of Black Oak Road Right of Way City Attorney’s Recommendation: Approve the attached resolution abandoning Black Oak Road. Background: Lee Duncan of Brooks Land, Inc., developer of the Manor, has recently contacted me about another abandonment issue. This is a right of way of a dirt road which was deeded to the County some years ago to provide access to a lake. All of the surrounding property is owned by the Manor. Apparently, the county never maintained the road, it has not actually been used as a road in some time, and nothing has been done with it by the city in the last year since incorporation. It apparently goes right through a fairway at the Manor Golf Course and is all but a “paper street” at this point. Discussion: Arguably at least, if the City did not abandon this road, the City would be responsible for maintaining it if anyone ever asked it to. Additionally, if anyone was injured on this property, the city could be liable. Abandoning the property and transferring it to Brooks Land would not cost the taxpayers of Milton anything and would relieve the city of any obligations regarding maintenance or liability, which would actually confer a benefit upon the City. Alternatives: The City could decline to abandon the roadway as proposed and continue to own the right of way along with any liabilities or responsibilities. Concurrent Review: Chris Lagerbloom, Interim City Manager Tom Wilson, Community Development Director Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _________ A RESOLUTION FOR THE ABANDONMENT OF THE RIGHT OF WAY OF BLACK OAK ROAD BY THE CITY OF MILTON BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on December 6, 2007 at 7:00 p.m. as follows: SECTION 1. That Brooks Land, Inc., developer of the Manor Subdivision has petitioned the City of Milton for the abandonment of an unpaved road right of way known as Black Oak Road which is located within the City of Milton; and SECTION 2. That Black Oak Road has not been maintained by either Fulton County or by the City of Milton since its incorporation, is in a state of disrepair and the best interests of the traveling public do not require continued maintenance or operation of the road; and SECTION 3. That the City of Milton received title to the right of way of Black Oak Road from Fulton County upon its incorporation, that no City funds were expended in acquiring title to said right of way and that the City in fact will benefit from the abandonment as a result of having no further requirement to maintain or operate Black Oak Road; and SECTION 4. That the right of way to be abandoned is as described in the property description attached hereto as Exhibit “A”; and SECTION 5. That this Resolution shall become effective upon its adoption; SECTION 6. That resolutions in conflict with this resolution are hereby repealed. RESOLVED this the 6th day of December , 2007 Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 250 and 251 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: Commencing at the Northeasterly right-of-way intersection of Black Oak Road (having a 60 foot right-of-way) and Hopewell Road (having a 60 foot right-of-way); thence along the Northerly right-of-way of Black Oak Road, thence North 82 degrees 54 minutes 26 seconds East for a distance of 56.31 feet to a point, thence South 77 degrees 37 minutes 22 seconds East for a distance of 407.77 feet to a point, thence North 02 degrees 36 minutes 38 seconds West for a distance of 138.03 feet to a point, thence North 77 degrees 58 minutes 21 seconds East for a distance of 214.66 feet to a point, thence North 76 degrees 22 minutes 24 seconds East for a distance of 125.94 feet to a point, thence South 20 degrees 05 minutes 39 seconds East for a distance of 147.21 feet to a point, thence South 00 degrees 58 minutes 50 seconds West for a distance of 172.16 feet to a point. Said point is the Point of Beginning. THENCE along a curve to the right having a radius of 194.36 feet and an arc length of 194.07 feet, being subtended by a chord of South 32 degrees 32 minutes 00 seconds East for a distance of 186.11 feet to a point; THENCE South 04 degrees 06 minutes 49 seconds East for a distance of 48.49 feet to a point; THENCE along a curve to the left having a radius of 216.02 feet and an arc length of 216.83 feet, being subtended by a chord of South 32 degrees 52 minutes 08 seconds East for a distance of 207.84 feet to a point; THENCE South 61 degrees 37 minutes 27 seconds East for a distance of 139.21 feet to a point; THENCE along a curve to the left having a radius of 503.26 feet and an arc length of 94.10 feet, being subtended by a chord of South 66 degrees 58 minutes 50 seconds East for a distance of 93.96 feet to a point; THENCE South 72 degrees 20 minutes 13 seconds East for a distance of 156.07 feet to a point; THENCE along a curve to the left having a radius of 29.73 feet and an arc length of 24.85 feet, being subtended by a chord of North 83 degrees 43 minutes 09 seconds East for a distance of 24.13 feet to a point; THENCE North 60 degrees 00 minutes 27 seconds East for a distance of 51.46 feet to a point; THENCE South 29 degrees 59 minutes 33 seconds East for a distance of 60.00 feet to a point; THENCE South 60 degrees 00 minutes 27 seconds West for a distance of 51.46 feet to a point; THENCE along a curve to the right having a radius of 89.73 feet and an arc length of 74.87 feet, being subtended by a chord of South 83 degrees 50 minutes 09 seconds West for a distance of 72.72 feet to a point; THENCE North 72 degrees 20 minutes 13 seconds West for a distance of 155.94 feet to a point; THENCE along a curve to the right having a radius of 563.26 feet and an arc length of 105.31 feet, being subtended by a chord of North 66 degrees 58 minutes 50 seconds West for a distance of 105.16 feet to a point; THENCE North 61 degrees 37 minutes 27 seconds West for a distance of 139.21 feet to a point; THENCE along a curve to the right having a radius of 276.01 feet and an arc length of 277.05 feet, being subtended by a chord of North 32 degrees 52 minutes 08 seconds West for a distance of 265.57 feet to a point; THENCE North 04 degrees 06 minutes 49 seconds West for a distance of 49.11 feet to a point; THENCE along a curve to the left having a radius of 134.37 feet and an arc length of 125.72 feet, being subtended by a chord of North 30 degrees 54 minutes 59 seconds West for a distance of 121.18 feet to a point; THENCE North 21 degrees 16 minutes 45 seconds East for a distance of 60.77 feet to a point; Together with and subject to covenants, easements, and restrictions of record. Said property contains 1.311 acres more or less. STATE OF GEORGIA AFTER RECORDATION PLEASE RETURN TO: LEX A. WATSON, II, ESQ. COUNTY OF FULTON MERRITT & TENNEY LLP 200 GALLERIA PARKWAY, SE ATLANTA, GEORGIA 30339-3151 TITLE NOT EXAMINED QUITCLAIM DEED THIS QUITCLAIM DEED (the "Deed"), is made this __ day of __________, 2007, between THE CITY OF MILTON, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA (hereinafter referred to as the “Grantor”) and BROOKS LAND, INC., a Georgia corporation (hereinafter referred to as the "Grantee"). W I T N E S S E T H: THAT FOR AND IN CONSIDERATION of the sum of Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, and does by these presents bargain, sell, remise, release, and forever quit-claim to Grantee all of the right, title, interest, claim or demand which Grantor has or may have in and to ALL THOSE TRACTS OR PARCELS OF LAND LYING AND BEING IN Land Lots 250 and 251of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter collectively called the "Property"). TO HAVE AND TO HOLD the Property unto Grantee, so that neither Grantor nor any other person or persons claiming under Grantor shall at any time, claim or demand any right, title or interest to the Property or its appurtenances. -1- ___________________________________ IN WITNESS WHEREOF, Grantor has signed and sealed this QuitClaim Deed as of the day and year first above written. GRANTOR: Signed, sealed and delivered this___ day of __________, 2007 , in the presence of: ___________________________________ THE CITY OF MILTON, GEORGIA Witness a political subdivision of the State of Georgia By: ______________________________ Name: ____________________ Title: ______________ Notary Public (AFFIX SEAL) My commission expires:________________ -2- EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 250 and 251 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: Commencing at the Northeasterly right-of-way intersection of Black Oak Road (having a 60 foot right-of-way) and Hopewell Road (having a 60 foot right-of-way); thence along the Northerly right-of- way of Black Oak Road, thence North 82 degrees 54 minutes 26 seconds East for a distance of 56.31 feet to a point, thence South 77 degrees 37 minutes 22 seconds East for a distance of 407.77 feet to a point, thence North 02 degrees 36 minutes 38 seconds West for a distance of 138.03 feet to a point, thence North 77 degrees 58 minutes 21 seconds East for a distance of 214.66 feet to a point, thence North 76 degrees 22 minutes 24 seconds East for a distance of 125.94 feet to a point, thence South 20 degrees 05 minutes 39 seconds East for a distance of 147.21 feet to a point, thence South 00 degrees 58 minutes 50 seconds West for a distance of 172.16 feet to a point. Said point is the Point of Beginning. THENCE along a curve to the right having a radius of 194.36 feet and an arc length of 194.07 feet, being subtended by a chord of South 32 degrees 32 minutes 00 seconds East for a distance of 186.11 feet to a point; THENCE South 04 degrees 06 minutes 49 seconds East for a distance of 48.49 feet to a point; THENCE along a curve to the left having a radius of 216.02 feet and an arc length of 216.83 feet, being subtended by a chord of South 32 degrees 52 minutes 08 seconds East for a distance of 207.84 feet to a point; THENCE South 61 degrees 37 minutes 27 seconds East for a distance of 139.21 feet to a point; THENCE along a curve to the left having a radius of 503.26 feet and an arc length of 94.10 feet, being subtended by a chord of South 66 degrees 58 minutes 50 seconds East for a distance of 93.96 feet to a point; THENCE South 72 degrees 20 minutes 13 seconds East for a distance of 156.07 feet to a point; THENCE along a curve to the left having a radius of 29.73 feet and an arc length of 24.85 feet, being subtended by a chord of North 83 degrees 43 minutes 09 seconds East for a distance of 24.13 feet to a point; THENCE North 60 degrees 00 minutes 27 seconds East for a distance of 51.46 feet to a point; THENCE South 29 degrees 59 minutes 33 seconds East for a distance of 60.00 feet to a point; THENCE South 60 degrees 00 minutes 27 seconds West for a distance of 51.46 feet to a point; THENCE along a curve to the right having a radius of 89.73 feet and an arc length of 74.87 feet, being subtended by a chord of South 83 degrees 50 minutes 09 seconds West for a distance of 72.72 feet to a point; THENCE North 72 degrees 20 minutes 13 seconds West for a distance of 155.94 feet to a point; THENCE along a curve to the right having a radius of 563.26 feet and an arc length of 105.31 feet, being subtended by a chord of North 66 degrees 58 minutes 50 seconds West for a distance of 105.16 feet to a point; THENCE North 61 degrees 37 minutes 27 seconds West for a distance of 139.21 feet to a point; THENCE along a curve to the right having a radius of 276.01 feet and an arc length of 277.05 feet, being subtended by a chord of North 32 degrees 52 minutes 08 seconds West for a distance of 265.57 feet to a point; THENCE North 04 degrees 06 minutes 49 seconds West for a distance of 49.11 feet to a point; THENCE along a curve to the left having a radius of 134.37 feet and an arc length of 125.72 feet, being subtended by a chord of North 30 degrees 54 minutes 59 seconds West for a distance of 121.18 feet to a point; THENCE North 21 degrees 16 minutes 45 seconds East for a distance of 60.77 feet to a point; Together with and subject to covenants, easements, and restrictions of record. Said property contains 1.311 acres more or less. -3-