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HomeMy WebLinkAbout06-16-08 PacketCITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Tina D’Aversa Alan Tart Monday, June 16, 2008 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 08-604) 4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) 5) PUBLIC COMMENT 6) CONSENT AGENDA (Agenda Item No. 08-605) 1. Approval of the June 2, 2008 Regular Meeting Minutes (Jeanette Marchiafava, City Clerk and Clerk of the Court) 7) REPORTS AND PRESENTATIONS 8) FIRST PRESENTATION (Agenda Item No. 08-606) 1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2008 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and prohibiting Expenditures to Exceed Actual Funding Available. (Stacey Inglis, Finance Manager) Page 1 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JUNE 16, 2008 – 6:00 PM 9) PUBLIC HEARING ALCOHOL BEVERAGE LICENSE APPLICATION (Agenda Item No. 08-607) 1. Approval of Alcohol Beverage Application for Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine at 5310 Windward Pkwy, Suite C. Applicant is Ngamta Thong Young for Consumption on Premises –Distilled Spirits. (This item was deferred on May 19, 2008.) (Presented by Stacey Inglis, Finance Manager) END OF PUBLIC HEARING 10) ZONING AGENDA (Agenda Item No. 08-497) 1. ZM07-005/VC07-014 North side of Webb Road, Petitioner: Webb Road Associates, LLC by Ken Morton, Request: To Modify Condition 2.a.to modify the site plan (05Z- 029) and a 3-part concurrent variance: 1) To reduce the side yard setback from twenty (20) feet to ten (ten) feet along the east and west property line (Article 8.1.3.C.) 2) To reduce the rear minimum setback from twenty-five (25) feet to ten (10) feet along the south property line (Article 8.1.3.D.); 3) To reduce the 10-foot landscape strip along the east, west, and south property lines to allow for a retaining wall. (This item was deferred on March 17, 2008, April 28, 2008 until June 16, 2008) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-551) 2. ZM08-01 – 13941, 13943, 13945 Highway 9 North - (RZ07-010) Petitioner: Milton Organizers, LLC. The request is: 1) To modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate septic and connect to sewer. 2) To modify Condition 4.d. of RZ07-010, to allow discretion by the Transportation Engineer of Milton to determine throat length of the entrance on Hwy 9. (This item was deferred on April 28, 2008 until June 16, 2008.) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-574) 3. ZM08-02 – Southside of Cumming Hwy (West of Sunfish Bend); Petitioner: Inland Group by Eric Johansen. Request: To modify condition 2.a. of RZ03-140 to modify the site plan. This item was deferred on May 19, 2008 until June 16, 2008) (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-589) 4. RZ08-02 – Text Amendment to Article 28 Rezoning Procedures. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-590) Page 2 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JUNE 16, 2008 – 6:00 PM 5. RZ08-03 - Text Amendment to Article 12G Highway 9 /Scope of DRB. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-591) 6. RZ08-04 - Text Amendment to Article 12H NW Overlay / Scope of DRB. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-592) 7. RZ08-05 - Text Amendment to Article 12H1 Crabapple / Scope of DRB. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-593) 8. RZ08-06 -Text Amendment to Article 12H2 Birmingham / Scope of DRB (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-594) 9. RZ08-07 - Text Amendment to Article 12A Overlay District / Scope of DRB. (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-595) 10. ZM08-03 -3160 Francis Road, Canine Assistants, By Planners and Engineers Collaborative, to modify condition 2.a. to modify the site plan (U07-007). (Presented by Alice Wakefield, Community Development Director) (Agenda Item No. 08-596) 11. ZM08-04 -5404 Windward Parkway, Real Development LLC, by Robert Forrest, to modify condition 2.a. to modify the site plan (96Z-127). (Presented by Alice Wakefield, Community Development Director) 11) UNFINISHED BUSINESS 12) NEW BUSINESS (Agenda Item No. 08-597) 1. Approval of a Resolution Amending Resolution No. 08-05-37, A Resolution Appointing a Citizen’s Participation Group for potential revision to the Milton Tree Preservation Ordinance and Administrative Guidelines (Districts 1 and 4). (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) 13) MAYOR AND COUNCIL REPORTS 14) STAFF REPORTS 15) EXECUTIVE SESSION (If needed) Page 3 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 JUNE 16, 2008 – 6:00 PM (Agenda Item No. 08-608) 16) ADJOURNMENT Page 4 of 4 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E 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 City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey R. Inglis, Finance Manager Date: Submitted May 28, 2008 for the June 16, 2008 Council Meeting Agenda Item: Presentation of Recommended Budget Adjustments to the Fiscal Year 2008 Annual Budget By its nature, our budget is an estimate of the revenues and expenditures needed to accomplish the City Council and Staff goals for the year. Throughout the year events occur that require modifications to the budget. These adjustments may be needed for various reasons, such as recognizing extraordinary revenues or expenditures, new projects that are authorized by Council or providing funding for expenditures resulting from extraordinary events like natural disasters. We will typically accumulate the budget adjustments and bring them to Council one to two times each year. As the year has progressed, it has become apparent that modifications need to be made in the General Fund, Capital Projects Fund and the Capital Grants Fund. Attached to this memo are the details comprising the budget amendments to the fiscal year 2008 annual budget, approved by Council on September 20, 2007. The budget amendments will involve appropriations in the following funds: General Fund: The recommendations for budget amendments in the General Fund include significant revenue adjustments to property taxes, real estate transfer taxes, intangible taxes, franchise fees, local option sales taxes, court administrative fees, fine and forfeitures, zoning and land use permits and land disturbance permits. There are also smaller adjustments to other revenue sources to bring them in line with the current trending patterns. Expenditure adjustments are detailed by department in the attachment to this memo and will be presented in detail by staff during the advertised public hearing period. The adjustment to both revenues and expenditures is a decrease of ($160,398). Capital Projects Fund: The Capital Projects Fund amendment includes the expenditure appropriation for additional Stormwater Maintenance funding of $59,750, bringing the total budget to $159,750. Staff is also requesting funding for unexpected bridge repairs on Landrum Rd in the amount of $350,000. The revenue offset to the increase in expenditures will be an operating transfer from the General Fund to be pulled from the Unallocated (aka. Operating Reserves) account. Lastly, staff is recommending that funds be transferred from the Freemanville @ Providence Intersection Improvement to a new project called Arnold Mill @ New Providence Intersection Improvements. Capital Grants Fund: The Capital Grants Fund decrease of ($368,892) in both revenues and expenditures is the result of two grants not being awarded: Assistance to Firefighter Grant and Safe Routes Grant. The other adjustment is transferring the Transportation Master Plan project from Community Development to Public Works. Concurrent Review: Billy P. Beckett, City Manager 1 ORDINANCE NO. STATE OF GEORGIA FULTON COUNTY AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF MILTON, GEORGIA, TO ADOPT AMENDMENTS TO THE FISCAL 2008 BUDGET FOR EACH FUND OF THE CITY OF MILTON, GEORGIA AMENDING THE AMOUNTS SHOWN IN EACH BUDGET AS EXPENDITURES, AMENDING THE SEVERAL ITEMS OF REVENUE ANTICIPATIONS, PROHIBITING EXPENDITURES TO EXCEED APPROPRIATIONS, AND PROHIBITING EXPENDITURES TO EXCEED ACTUAL FUNDING AVAILABLE. WHEREAS, the City Manager of the City of Milton has presented amendments to the fiscal year 2008 Budget to the City Council on each of the various funds of the City; and WHEREAS, each of these budget amendments results in a balanced budget, so that anticipated revenues equal proposed expenditures for each fund; and WHEREAS, the amended fiscal year 2008 budget provides a financial plan for the government, establishing appropriations for each operating department in order to extend services; NOW, THEREFORE BE IT ORDAINED that this budget amendment, “Exhibit A” attached hereto and by this reference made a part hereof this ordinance shall be the City of Milton’s amended fiscal year 2008 budget; and BE IT FURTHER ORDAINED that this budget be and is hereby approved and the several items of revenues shown in the budget for each fund in the amounts anticipated are adopted and that the several amounts shown in the budget for each fund as proposed expenditures are hereby appropriated to the departments named in each fund; and, BE IT FURTHER ORDAINED that the expenditures shall not exceed the appropriations authorized by this budget or amendments thereto provided; that expenditures for the fiscal year shall not exceed actual funding available. City of Milton, Georgia Fiscal Year 2008 Summary of Departmental Budget Amendments Fiscal Year 2008 Budget Amendment The goal of the fiscal year 2008 budget amendment is to provide an opportunity for each department to request funding to cover expenditures incurred as either unforeseen or omitted from the original budget passed by the City Council on September 20, 2007. General Fund The General Fund is the principal operating fund of the government and is used to facilitate current year operations. General Fund revenues are revenues with unrestricted use. Expenditure requests are categorized into two categories: Salary/Benefits and Maintenance/Operating. Salary / benefits line items include salaries, overtime, vacation pay, retirement and other associated payroll expenditures. The maintenance / operating category includes expenditures related to operational line items such as, supplies, professional fees, training, dues/fees, travel, utilities, communications, machinery & equipment, etc. GENERAL FUND SUMMARY: Revenue Appropriation Increase: 369,602 $ Expenditure Appropriation Increase: 369,602 $ Net Revenue/(Expenditure) Requests: ­$ Revenue Amendments: The change in original revenue estimates for the following revenue sources is driven by analysis of activity for the months of October – April. A projection was completed using available data indicating the fiscal year 2008 revenue estimates could be adjusted by the amounts indicated in the table on page 3. Some of the most significant changes are explained as follows: 1. In order to properly account for property tax revenues, real and personal property have been split out into separate line items. A decrease of $(153,000) in Real Property Taxes is offset by an increase in Personal Property taxes of $153,000. 2. Prior Year Property Taxes for Real and Personal Property were not included in the revenue estimates for the adopted budget. An increase of $500,000 and $30,000, respectively, is recommended to account for these collections. 3. Utility Property Taxes was not included in the original budget and is represented by an increased of $576,277. 4. Intangible Tax, Real Estate Transfer Tax, Zoning and Land Use Permits and Land Disturbance Permits are driven by the real estate market conditions. The market is projected to slowly recover from the recession it is currently in, but revenues aren’t anticipated to meet the original forecasts. Therefore, these budgets have been decreased by a total of $(282,198). On the other hand, Building Permit revenues have already exceeded the initial projections due, in large part, to the Sembler development. As a result, an estimated increase of $80,000 is proposed. 5. The historical analysis of Franchise Fees and Local Option Sales Taxes is trending higher than anticipated. We are proposing an increase of $95,924 and $44,269, respectively. 6. Municipal Court Administrative Fees and Fines and Forfeitures are trending significantly lower than anticipated. A proposed decrease of $(331,119) and $(514,247) is being submitted. 2 Fiscal Year 2008 Budget Amendment Y­T­D REQUESTED PROPOSED REVENUE SOURCE BUDGET ACTUAL/ BUDGET FINAL ENCUMBERED ADJUSTMENT BUDGET Current Yr Property Taxes­Real $ 8,600,544 $ ­$ (153,000) $ 8,447,544 Prior Yr Property Taxes­Real 0 441,668 500,000 500,000 Current Yr Property Taxes­Utility 0 576,277 576,277 576,277 Current Yr Prop Taxes­Personal 0 0 153,000 153,000 Prior Yr Prop Taxes­Personal 0 27,500 30,000 30,000 Motor Vehicle Tax 400,000 261,430 13,000 413,000 Intangible Tax 320,000 102,517 (120,000) 200,000 Real Estate Transfer Tax 75,198 22,382 (28,198) 47,000 Franchise Fees 1,100,000 532,223 95,924 1,195,924 Local Option Sales Tax 4,123,154 1,361,137 44,269 4,167,423 Alcohol Beverage Excise Tax 250,000 125,405 4,000 254,000 Business & Occupation Tax 650,000 518,426 0 650,000 Financial Institution Tax 30,000 29,031 0 30,000 Penalty & Interest­Real Prop 0 25,641 30,000 30,000 Penalty & Interest­Pers Prop 0 5,291 6,000 6,000 Bad Check Fees 0 150 220 220 Interest Revenue 40,000 51,478 26,000 66,000 Tan Proceeds Interest 0 9,825 19,000 19,000 Realized Gain/Loss on Investmt 0 35,228 45,000 45,000 Lease­Old Bullpen Rd 12,000 5,000 (7,000) 5,000 Other Misc Revenue 0 (1) 38,067 38,067 Op Transfers In­Htl/Mtl Tax Fund 52,000 19,271 2,000 54,000 City Clerk: Open Records Fees 1,688 401 0 1,688 City Manager: Donation Revenue 5,000 2,000 0 5,000 Contra­Donation Revenue 0 0 0 0 Merchandise & Products 1,200 581 0 1,200 Finance: Alcohol Beverage Licenses 125,000 116,955 0 125,000 Advertising Fee 2,100 54 (2,046) 54 Pouring Permit 4,500 3,955 0 4,500 Solicitation Permit 0 420 420 420 Admin Fee 38,000 52,764 15,000 53,000 Alarm Registration 5,000 6,175 2,000 7,000 Municipal Court: Admin Fee 485,119 93,303 (331,119) 154,000 Public Safety: Tent Permit 210 0 0 210 Fireworks Permit 2,500 0 0 2,500 Accident Reports 4,025 3,993 1,975 6,000 Expungement Fees 0 100 300 300 False Alarms 60,312 5,250 (35,312) 25,000 Re­Inspection 700 0 (350) 350 Fingerprinting Fee 648 0 (648) 0 Gate Access 3,000 0 (3,000) 0 Background Check Fees 840 820 660 1,500 Fines & Forfeitures 1,064,247 236,687 (514,247) 550,000 Donation Revenue 0 10,371 10,371 10,371 Public Safety Fund 0 825 825 825 Contra­Donation Revenue 0 (10,032) (10,371) (10,371) Contra­Public Safety Fund 0 (825) (825) (825) Insurance Proceeds 0 16,030 13,655 13,655 Contra­Insurance Proceeds 0 (5,865) (13,655) (13,655) Public Works: Insurance Proceeds 0 3,645 3,645 3,645 Contra­Insurance Proceeds 0 (3,645) (3,645) (3,645) Community Development: Zoning & Land Use Permits 84,000 25,489 (44,000) 40,000 Land Disturbance 150,000 37,382 (90,000) 60,000 Modification 4,200 1,050 (2,200) 2,000 Variance 10,000 6,050 0 10,000 Fence Permits 2,500 0 (2,500) 0 Seasonal & Special Events 0 50 50 50 Sign Permits 8,400 5,824 0 8,400 Building Permits 60,000 112,679 80,000 140,000 Retaining Wall 2,500 0 (2,500) 0 Planning & Development Fees 0 60 60 60 Maps & Cert Letters 0 1,832 2,000 2,000 Plan Review Fees 0 11,647 20,000 20,000 Development Bond Fee 0 1,300 2,500 2,500 Ordinance Fines 6,000 1,850 (2,000) 4,000 TOTAL $ 17,784,585 $ 4,889,053 $ 369,602 $ 18,154,187 3 Fiscal Year 2008 Budget Amendment Expenditure Amendments: For comparative purposes, it is important that we mimic a traditional­style government when reporting the actual cost of providing services to our citizens. Given our public/private partnership­style of government, it is somewhat difficult to capture the actual cost since it is lumped into the contract price. There are two ways to allocate the contract price between each department: number of employees or benchmarking against other cities our size. The easiest method is to use the “number of employees” approach, but it may not be as accurate as possible. For instance, Public Works has a small number of employees, but the work they perform carries a higher cost than other departments. The most logical method is to start with benchmarking against other cities and then fine­tune it to our situation. After analyzing the initial budgeted allocations, it is evident that the contract costs should be reallocated; therefore, an adjustment has been made in each department. In keeping with the same topic of mimicking a traditional­style of government, it is also essential that we maintain the same type of departments within our budget. Typically you won’t see a department for a Program Management. Instead of appropriating costs separately for the Program Manager, we are proposing that those associated costs be allocated among all of the other departments. The two line items in each department that will be affected are the CH2M Hill contract costs and the City Hall lease expense. The recommended expenditure amendments are presented on the following pages by department. 4 Fiscal Year 2008 Budget Amendment MAYOR AND COUNCIL ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries $ 158,680 $ 54,117 $ 104,563 $ (33,600) $ 125,080 Group Insurance 7,515 1,310 6,205 (4,300) 3,215 401A SS Match 5,951 2,029 3,922 (1,200) 4,751 FICA Medicare 2,617 754 1,863 (555) 2,062 401A 1% Match to 457B 577 0 577 (336) 241 Pension 2,019 1,446 574 0 2,019 Unemployment Insurance 1,840 734 1,106 0 1,840 Worker's Comp 793 781 12 (12) 781 Professional Fees 9,500 0 9,500 40,000 49,500 Professional Fees ­Contracted 70,313 41,016 29,297 270,719 341,032 Land/Building Rental 63,426 0 63,426 19,432 82,858 Communications 1,000 189 811 0 1,000 Travel 13,465 0 13,465 0 13,465 Dues & Fees 0 0 0 1,200 1,200 Education & Training 8,214 4,785 3,429 0 8,214 General Supplies 0 460 (460) 500 500 Food/Meals 720 361 359 0 720 Promotional 2,000 0 2,000 0 2,000 Mach/Equip 32,000 0 32,000 0 32,000 Stipend: Thurman 2,000 0 2,000 0 2,000 Zahner Bailey 2,000 0 2,000 0 2,000 Lusk 2,000 0 2,000 0 2,000 O'Brien/Hewitt 2,000 404 1,596 0 2,000 D'Aversa 2,000 1,000 1,000 0 2,000 Mohrig/Tart 2,000 1,224 776 0 2,000 Lockwood 3,000 648 2,352 0 3,000 Non­recurring 700 290 410 0 700 TOTAL $ 396,330 $ 111,548 $ 284,782 $ 291,848 $ 688,178 Salary/Benefits $ 179,992 61,171 $ $ 118,821 (40,003) $ $ 139,989 M & O $ 216,338 50,377 $ $ 165,961 331,851 $ $ 548,189 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees 2. Professional Fees­Contracted 3. Rental Land & Buildings 4. Dues & Fees 5. General Supplies City Manager hiring consultant fees Reallocation of CH2M Hill contract Reallocation of City Hall lease HYA Sponsorship Poinsettas for City Hall entrances Total Increase $ $ 40,000 270,719 19,432 1,200 500 331,851 DECREASE 6. Salary & Benefits Vacant Executive Aid position Total Decrease $ $ (40,003) (40,003) TOTAL MAYOR & COUNCIL BUDGET AMENDMENTS $ 291,848 5 Fiscal Year 2008 Budget Amendment CITY CLERK ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Regular Employees $ 82,400 $ 37,762 $ 44,638 $ ­$ 82,400 Group Insurance 5,119 4,482 637 0 5,119 401A SS Match 3,090 1,416 1,674 0 3,090 FICA Medicare 1,360 523 837 0 1,360 401A 1% Match 824 100 724 0 824 Pension 2,884 2,168 716 0 2,884 Unemployment Insurance 230 230 1 0 230 Worker's Comp 214 111 103 (103) 111 Professional Fees 100,416 85,510 14,906 (25,664) 74,752 Professional Fees ­Contracted 246,095 143,555 102,540 129,040 375,135 Rental Land & Buildings 28,189 0 28,189 (3,332) 24,857 Communications 700 301 399 0 700 Travel 1,000 0 1,000 0 1,000 Dues/Fees 500 42 458 (250) 250 Education/Training 2,323 1,243 1,080 0 2,323 Maintenance Contracts 1,140 1,140 0 0 1,140 General Supplies 0 484 (484) 500 500 Food/Meals 500 47 453 0 500 Mach & Equip/Digital Recorder 8,618 9,816 (1,198) 1,198 9,816 TOTAL EXPENDITURES $ 485,602 $ 288,931 $ 196,671 $ 101,389 $ 586,991 Salary/Benefits $ 96,121 46,792 $ $ 49,329 (103) $ $ 96,018 M & O $ 389,481 242,139 $ $ 147,342 $ 101,492 $ 490,973 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees­Contracted 2. General Supplies 3. Mach & Equip/Digital Rec Reallocation of CH2M Hill contract Cover cost of ledger paper Cover cost of digital recorder Total Increase $ $ 129,040 500 1,198 130,738 DECREASE 4. Worker's Comp 5. Professional Fees 6. Rental Land & Buildings 7. Dues & Fees Match actual expenditures Refund for general elections Reallocate City Hall lease expense To reflect estimated expenditures Total Decrease $ $ (103) (25,664) (3,332) (250) (29,349) TOTAL CITY CLERK BUDGET AMENDMENTS $ 101,389 6 Fiscal Year 2008 Budget Amendment CITY MANAGER ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries and Wages $ 136,000 $ 57,080 $ 78,920 $ (5,700) $ 130,300 Car Allowance 0 0 0 3,000 3,000 Group Insurance 8,640 4,288 4,352 0 8,640 401A (SS match) 5,100 1,784 3,316 (210) 4,890 FICA Medicare 2,244 777 1,467 (450) 1,794 401A 1% Match to 457B 1,360 250 1,110 0 1,360 Pension 4,760 2,891 1,869 0 4,760 Unemployment Insurance 230 230 1 230 460 Worker's Compensation 680 1,126 (446) 446 1,126 Flexible Spending 0 0 0 150 150 Temporary Housing 0 0 0 3,000 3,000 Professional Fees 7,000 3,925 3,075 0 7,000 Professional Fees ­Contracted 140,625 82,031 58,594 63,994 204,619 Rental Land & Buildings 16,095 0 16,095 (7,809) 8,286 Rental Equipment & Vehicles 2,000 2,240 (240) 240 2,240 Communications 2,400 585 1,815 0 2,400 Advertising 1,500 807 693 0 1,500 Printing 4,000 0 4,000 0 4,000 Travel 7,900 5,411 2,489 0 7,900 Dues/Fees 5,500 905 4,595 2,001 7,501 Education/Training 2,500 990 1,510 0 2,500 General Supplies 5,000 1,728 3,272 0 5,000 Natural Gas 2,500 0 2,500 0 2,500 Food/Meals 4,750 441 4,309 0 4,750 Machinery 5,000 20 4,980 0 5,000 Non­Recurring 0 0 0 0 0 TOTAL EXPENDITURES $ 365,784 $ 167,508 $ 198,276 $ 58,892 $ 424,676 Salary/Benefits $ 159,014 68,426 $ $ 90,588 (2,684) $ $ 156,330 M & O $ 206,770 99,083 $ $ 107,687 58,426 $ $ 265,196 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Salary & Benefits 2. Professional Fees­Contracted 3. Rental Equip & Vehicles 4. Dues & Fees Cover estimated costs Reallocate the CH2M Hill contract costs Cover tent rental costs for Holiday Memories ICMA dues for City Mgr & Interim City Mgr Total Increase $ $ 466 63,994 240 2,001 66,701 DECREASE 5. Rental Land & Buildings Reallocate City Hall lease expense Total Decrease $ $ (7,809) (7,809) TOTAL CITY MANAGER BUDGET AMENDMENTS $ 58,892 7 Fiscal Year 2008 Budget Amendment PROGRAM MANAGEMENT ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees ­Contracted $ 281,251 $ 179,786 $ 101,465 $ (281,251) (28,189) $ ­ 0Rental Land & Buildings 28,189 0 28,189 TOTAL EXPENDITURES $ 309,440 $ 179,786 $ 129,654 $ (309,440) $ ­ Salary/Benefits $ ­­$ ­$ ­$ ­$ M & O $ 309,440 179,786 $ 129,654 $ (309,440) $ ­$ BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Professional Fees­Contracted 2. Rental Land & Buildings Reallocate the CH2M Hill contract costs Reallocate the City Hall lease expense Total Decrease $ $ $ (281,251) (28,189) (309,440) TOTAL PRGM MANAGER BUDGET AMENDMENTS $ (309,440) 8 Fiscal Year 2008 Budget Amendment OPERATIONS/FINANCE ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salary/Benefits $ 100,000 $ ­$ 100,000 $ (50,000) $ 50,000 Group Insurance 8,402 0 8,402 (4,201) 4,201 401A (SS Match) 3,750 0 3,750 (1,875) 1,875 FICA Medicare 1,650 0 1,650 (825) 825 401A 1% Match 1,000 0 1,000 (500) 500 Pension 3,500 2,168 1,332 0 3,500 Unemployment Insurance 230 0 230 0 230 Worker's Compensation 260 111 149 (149) 111 Professional Fees 45,000 40,486 4,514 0 45,000 Professional Fees ­Contracted 527,346 307,618 219,728 222,924 750,270 Contracted/Credit card Fees 0 14,946 (14,946) 26,000 26,000 Rental Land & Buildings 56,379 0 56,379 (27,379) 29,000 Communications 1,000 197 803 0 1,000 Advertising 500 0 500 0 500 Printing 0 193 (193) 2,200 2,200 Travel 900 0 900 0 900 Dues & Fees 1,115 215 900 0 1,115 Education & Training 800 0 800 0 800 General Supplies 0 0 0 4,500 4,500 TOTAL EXPENDITURES $ 751,832 $ 365,935 $ 385,897 $ 170,695 $ 922,527 Salary/Benefits $ 118,792 2,280 $ $ 116,512 (57,550) $ $ 61,242 M & O $ 633,040 363,655 $ $ 269,385 228,245 $ $ 856,785 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees­Contracted 2. Contracted/Credit Cd Fees 3. Printing 4. General Supplies Reallocate the CH2M Hill contract costs Cover monthly maintenance for accepting credit cards Printing property tax bills Postage for property tax bills Total Increase $ $ 222,924 26,000 2,200 4,500 255,624 DECREASE 5. Salary & Benefits 6. Rental Land & Buildings Vacant Operations Director position Reallocate City Hall lease expense Total Decrease $ $ $ (57,550) (27,379) (84,929) TOTAL FINANCE BUDGET AMENDMENTS $ 170,695 9 Fiscal Year 2008 Budget Amendment OPERATIONS/IT ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees ­Contracted $ 1,380,499 $ 805,291 $ 575,208 $ (698,435) (12,856) $ 682,064 8,286 Rental Land & Buildings 21,142 0 21,142 TOTAL $ 1,401,641 $ 805,291 $ 596,350 $ (711,291) $ 690,350 Salary/Benefits $ ­­$ $ ­­$ $ ­ M & O $ 1,401,641 805,291 $ $ 596,350 (711,291) $ $ 690,350 BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Professional Fees­Contracted 2. Rental Land & Buildings Reallocate CH2M Hill contract costs Reallocate City Hall lease expense Total Decrease $ $ $ (698,435) (12,856) (711,291) TOTAL IT BUDGET AMENDMENTS $ (711,291) OPERATIONS/HR ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ 1,550 $ 3,181 $ (1,631) $ 6,150 231,388 $ 7,700 341,032 Professional Fees ­Contracted 109,644 63,959 45,685 Rental Land & Buildings 7,047 0 7,047 1,239 8,286 Advertising 500 0 500 0 500 Printing 0 631 (631) 631 631 TOTAL $ 118,741 $ 67,771 $ 50,970 $ 239,408 $ 358,149 Salary/Benefits $ ­­$ ­$ ­$ $ ­ M & O $ 118,741 67,771 $ 50,970 $ 239,408 $ $ 358,149 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees 2. Professional Fees­Contracted 3. Rental Land & Buildings 4. Printing Administration fees for flexible spending & 401A/457B Reallocate the CH2M Hill contract costs Reallocate the City Hall lease expense Printing benefits manuals Total Increase $ $ 6,150 231,388 1,239 631 239,408 TOTAL HR BUDGET AMENDMENTS $ 239,408 10 Fiscal Year 2008 Budget Amendment OPERATIONS/PUBLIC INFORMATION ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees ­Contracted $ 70,313 $ 41,016 $ 29,297 $ 100,203 $ 170,516 Rental Land & Buildings 7,047 0 7,047 (2,904) 4,143 Printing 0 540 (540) 540 540 General Supplies 5,000 4,180 820 0 5,000 TOTAL $ 82,360 $ 45,736 $ 36,624 $ 97,839 $ 180,199 M & O $ 82,360 45,736 $ 36,624 $ 97,839 $ $ 180,199 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees­Contracted 2. Printing Reallocate the CH2M Hill contract costs Printing addresses on the annual calendar Total Increase $ $ 100,203 540 100,743 DECREASE 3. Rental Land & Buildings Reallocate City Hall lease expense Total Decrease $ $ (2,904) (2,904) TOTAL PUBLIC INFO BUDGET AMENDMENTS $ 97,839 11 Fiscal Year 2008 Budget Amendment MUNICIPAL COURT ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Regular Employees $ 97,500 $ 22,725 $ 74,775 $ (11,500) $ 86,000 Stipend 23,000 2,215 20,785 0 23,000 401A (SS match) 4,519 852 3,667 (450) 4,069 FICA Medicare 1,988 349 1,639 (198) 1,790 Unemployment Insurance 920 383 537 (230) 690 Worker's Compensation 544 0 544 (544) 0 Professional Fees 24,350 6,933 17,417 1,309 25,659 Professional Fees ­Contracted 246,095 143,555 102,540 129,040 375,135 Rental Land & Buildings 28,189 0 28,189 54,669 82,858 Communications 3,800 2,340 1,460 644 4,444 Travel 1,000 0 1,000 0 1,000 Dues & Fees 500 525 (25) 25 525 Education & Training 500 200 300 0 500 Food/Meals 200 0 200 0 200 Furniture & Fixtures 1,500 0 1,500 (1,000) 500 Other Equipment 200 4 196 0 200 TOTAL $ 434,805 $ 180,082 $ 254,723 $ 171,765 $ 606,570 Salary/Benefits $ 128,471 26,524 $ $ 101,947 (75,422) $ $ 177,369 M & O $ 306,334 153,558 $ $ 152,776 781 $ $ 151,995 BUDGET AMENDMENT NOTES Account Name 1. Professional Fees Installation of panic button 385 $ 2. Professional Fees Courtroom security 1,224 3. Professional Fees Additional amount needed for Sub­Judge 950 4. Professional Fees­Contracted Reallocate the CH2M Hill contract costs 129,040 5. Rental Land & Buildings Reallocate City Hall lease expense 54,669 6. Communications Monthly panic alarm monitoring fee 644 7. Dues & Fees Various fees not budgeted 25 Total Increase 186,937 $ 8. Salary & Benefits Vacant part­time administrative position (12,922) $ 9. Professional Fees Cut amount needed for Sub­Solicitor (1,250) 10.Furniture & Fixtures Cut desk for part­time admin positon (1,000) Total Decrease (15,172) $ 171,765 $TOTAL MUNICIPAL COURT BUDGET AMENDMENTS Amendment Reason INCREASE DECREASE 12 Fiscal Year 2008 Budget Amendment PUBLIC SAFETY ADMINISTRATION ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries $ 363,590 $ 134,513 $ 229,077 $ ­$ 363,590 Salaries/Overtime 0 777 (777) 1,000 1,000 Group Insurance 33,265 7,149 26,116 0 33,265 401A SS Match 13,635 5,071 8,564 0 13,635 FICA Medicare 5,999 1,225 4,774 0 5,999 401A 1% Match 3,636 103 3,533 0 3,636 Pension 12,725 6,505 6,220 0 12,725 Unemployment Insurance 1,150 488 662 0 1,150 Worker's Comp 13,130 6,999 6,131 (6,131) 6,999 Professional Fees 21,850 14,007 7,843 8,100 29,950 Professional Fees ­Contracted 703,127 410,157 292,970 25,040 728,167 Equipment R & M 4,500 0 4,500 (1,000) 3,500 Vehicles R & M 185,000 120,990 64,010 0 185,000 Rental Land & Buildings 70,474 0 70,474 (45,617) 24,857 Communications 7,980 2,330 5,650 (1,500) 6,480 Advertising 8,500 0 8,500 (3,000) 5,500 Printing 11,600 900 10,700 (3,000) 8,600 Travel 3,250 1,167 2,083 0 3,250 Dues & Fees 3,000 1,075 1,925 0 3,000 Education & Training 2,750 898 1,852 0 2,750 Maintenance Contract 107,062 73,269 33,793 32,704 139,766 General Supplies 3,250 4,022 (772) 3,000 6,250 Food/Meals 1,250 1,304 (54) 500 1,750 Uniforms 2,400 1,836 564 0 2,400 Computer Software 1,000 0 1,000 (1,000) 0 Other Equip/Cell Phone Repl 300 0 300 0 300 Other Equip/ Hardware 0 4,665 (4,665) 4,665 4,665 Other Equip/ Misc. 0 238 (238) 238 238 TOTAL EXPENDITURES $ 1,584,423 $ 799,685 $ 784,738 $ 13,999 $ 1,598,422 Salary/Benefits $ 447,130 162,828 $ 284,302 $ (5,131) $ $ 441,999 M & O $ 1,137,293 636,857 $ 500,436 $ 19,130 $ $ 1,156,423 BUDGET AMENDMENT NOTES Account Name 1. Overtime Cover cost of admin assistant overtime hours 1,000 $ 2. Professional Fees Car decals 5,500 3. Professional Fees New employee physicals 1,000 4. Professional Fees Recruitment psych testing 1,600 5. Professional Fees­Contracted Reallocate the CH2M Hill contract costs 13,040 6. Professional Fees­Contracted Additional support for new software 12,000 7. Maintenance Contracts Fulton County IGA for using 800 MHZ radio system 6,660 8. Maintenance Contracts Transfer Animal Control IGA from Public Works dept 31,044 9. General Supplies Cover cost of office supplies 3,000 10.Food/Meals Food for staff during investigations 500 11.Other Equip/Hardware Cover cost of ICOP Digital 4,665 12.Other Equip/Misc Cover expense of hydraulic cutter and utility trailer 238 80,247 $ 13.Worker's Comp To match actual expense (6,131) $ 14.Equipment Repair & Maint To match expected expenditures (1,000) 15.Rental Land & Buildings Reallocate the City Hall lease expense (45,617) 16.Communications To match expected expenditures (1,500) 17.Advertising Cut recruitment advertising budget (3,000) 18.Printing Decrease the printing costs for police forms & citations (3,000) 19.Maintenance Contracts (5,000) 20.Computer Software Transfer budget for ALAN software to Police Dept (1,000) Total Decrease (66,248) $ 13,999 $TOTAL PUBLIC SAFETY ADMIN BUDGET AMENDMENTS Transfer maintenance contract for American Law Enforcement Network budget to Police Dept Amendment Reason INCREASE DECREASE 13 Fiscal Year 2008 Budget Amendment PUBLIC SAFETY/POLICE ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries $ 948,589 419,561 $ $ 529,028 $ ­$ 948,589 Termination Liability 2,384 0 2,384 0 2,384 Overtime 26,973 26,536 437 20,000 46,973 Holiday 54,892 38,601 16,291 0 54,892 Group Insurance 150,908 55,041 95,867 0 150,908 401A SS Match 38,126 18,183 19,943 0 38,126 FICA Medicare 16,775 6,566 10,209 0 16,775 401A 1% Match 9,588 3,170 6,418 0 9,588 Pension 33,201 16,623 16,578 0 33,201 Tuition Reimbursement 6,000 6,875 (875) 1,875 7,875 Unemployment Insurance 5,290 5,610 (320) 600 5,890 Worker's Comp 41,833 39,966 1,867 (1,867) 39,966 Professional Fees 5,650 1,603 4,047 1,000 6,650 Rental Land & Buildings 0 0 0 4,143 4,143 Communications 24,260 15,278 8,982 5,000 29,260 Travel 3,000 3,014 (14) 14 3,014 Dues & Fees 1,120 160 960 0 1,120 Education & Training 6,300 1,414 4,886 0 6,300 Maintenance Contracts 0 0 0 5,000 5,000 General Supplies 13,590 1,518 12,072 (326) 13,264 Uniforms 20,000 17,134 2,866 0 20,000 Furniture & Fixtures 0 534 (534) 534 534 Computer Software 0 1,185 (1,185) 79,185 79,185 Cell Phones 1,000 (18) 1,018 0 1,000 Weaponry 17,000 6,665 10,335 (3,335) 13,665 Cameras 800 770 30 0 800 Motorola Radios 8,504 8,504 0 0 8,504 Misc Equipment 22,830 12,239 10,591 (3,880) 18,950 TOTAL $ 1,458,613 $ 706,733 $ 751,880 $ 107,943 $ 1,566,556 Salary/Benefits $ 1,334,559 636,733 $ 697,826 $ 20,608 $ $ 1,355,167 M & O $ 124,054 69,999 $ 54,055 $ 87,335 $ $ 211,389 BUDGET AMENDMENT NOTES Account Name 1. Overtime 20,000 $ 2. Tuition Reimbursement More employees than anticipated are participating 1,875 3. Unemployment Insurance Cover expected costs 600 4. Professional Fees For K­9 costs 1,000 5. Rental Land & Buildings Reallocate the City Hall lease expense 4,143 6. Communications Cover costs associated w/cell phones & wireless cards 5,000 7. Travel Cover travel related costs 14 8. Maintenance Contracts 5,000 9. Furniture & Fixtures Filing cabinets not budgeted 534 10.Computer Software Purchase more efficient Police Dept software 79,185 Total Increase 117,351 $ 11.Worker's Comp To match actual expense (1,867) $ 12.General Supplies Cut code books and manuals (326) 13.Weaponry Lower budget due to decrease in costs (3,335) 14.Misc Equipment Cut amount needed for K­9 equipment (3,880) Total Decrease (9,408) $ 107,943 $ DECREASE TOTAL POLICE BUDGET AMENDMENTS Cover cost providing courtroom and council meeting security Amendment Reason INCREASE Transfer maintenance contract for American Law Enforcement Network budget from Public Safety Admin 14 Fiscal Year 2008 Budget Amendment PUBLIC SAFETY­FIRE ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Salaries & Wages $ 2,194,811 822,423 $ $ 1,372,388 $ (159,000) $ 2,035,811 Termination Liability 5,000 0 5,000 0 5,000 Overtime 75,652 34,999 40,653 0 75,652 Holiday 93,971 64,051 29,920 0 93,971 Group Insurance 306,031 110,429 195,602 (10,150) 295,881 401A SS Match 88,104 34,320 53,784 (5,963) 82,141 FICA Medicare 38,766 13,041 25,725 (2,400) 36,366 401A 1% Match 19,436 4,427 15,009 (1,590) 17,846 Pension 76,818 40,474 36,344 0 76,818 Tuition Reimbursement 6,000 4,500 1,500 0 6,000 Unemployment Insurance 12,650 10,039 2,611 0 12,650 Worker's Comp 71,902 50,588 21,314 (21,314) 50,588 Professional Fees 23,610 19,388 4,223 3,510 27,120 Equipment Repair & Maint 21,950 0 21,950 0 21,950 Facilities Repair & Maint 5,000 4,150 850 0 5,000 Grounds Repair & Maint 1,000 0 1,000 (1,000) 0 Rental Land & Buildings 222,500 129,743 92,757 (47,416) 175,084 Rental Equip & Vehicles 0 320 (320) 640 640 Communications 7,920 3,430 4,490 0 7,920 Travel 3,000 0 3,000 0 3,000 Dues & Fees 3,500 1,571 1,930 0 3,500 Education & Training 15,900 1,485 14,415 (3,590) 12,310 Telephone Service 0 6,444 (6,444) 12,000 12,000 General Supplies 18,750 8,799 9,951 8,189 26,939 Water/Sewage 3,500 2,583 917 1,300 4,800 Natural Gas 3,000 11,454 (8,454) 13,800 16,800 Electricity 9,000 10,697 (1,697) 11,500 20,500 Telecommunications 900 1,945 (1,045) 2,100 3,000 Uniforms 77,431 44,421 33,010 0 77,431 Furniture & Fixtures 1,000 1,171 (171) 534 1,534 Computer/Software 0 0 0 65,000 65,000 Other Equipment­Cell Phones 750 334 416 0 750 TOTAL $ 3,407,852 $ 1,437,227 $ 1,970,625 $ (133,850) $ 3,274,002 Salary/Benefits $ 2,989,141 1,189,292 $ 1,799,849 $ (200,417) $ $ 2,788,724 M & O $ 417,961 247,601 $ 170,360 $ 66,567 $ $ 484,528 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees 2. Rental Land & Buildings 3. Rental Equip & Vehicles 4. General Supplies 5. Phone/Water/Gas/Elec 6. Furniture & Fixtures 7. Computer/Software Reallocate the City Hall lease expense Cover cost of renting oxygen tanks For cleaning/household supplies for the stations Cover expected costs in utility accounts Filing cabinets not budgeted Total Increase Cover projected cost of medical director Purchase Firehouse software $ $ 3,510 4,143 640 8,189 40,700 534 65,000 122,716 DECREASE 8. Salary & Benefits 9. Grounds Repair & Maint 10.Rental Land & Buildings 11.Education & Training 7 vacant positions for 6 months Cut out of budget­done by staff Amended contract w/County for Station 18 sublease Match expected costs Total Decrease $ $ $ (200,417) (1,000) (51,559) (3,590) (256,566) TOTAL FIRE BUDGET AMENDMENTS $ (133,850) 15 Fiscal Year 2008 Budget Amendment PUBLIC SAFETY/EMS OPERATIONS ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Maintenance Contracts $ ­$ ­$ ­$ 33,063 $ 33,063 TOTAL $ ­$ ­$ ­$ 33,063 $ 33,063 Salary/Benefits $ ­­$ $ ­­$ $ ­ M & O $ ­­$ $ ­33,063 $ $ 33,063 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Maintenance Contracts Total Increase Create new department to account for the unexpected cost of subsidizing EMS Services $ $ 33,063 33,063 TOTAL EMS OPERATIONS BUDGET AMENDMENTS $ 33,063 16 Fiscal Year 2008 Budget Amendment PUBLIC WORKS ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ 1,800 $ 2,013 $ (213) $ 54,981 (76,093) $ 56,781 1,364,128 Professional Fees ­Contracted 1,440,221 840,129 600,092 Rental Land & Buildings 28,189 0 28,189 (4,367) 23,822 Maintenance Contracts 31,044 0 31,044 (31,044) 0 General Supplies 2,000 108 1,892 0 2,000 Electricity 250,000 168,069 81,931 45,000 295,000 TOTAL EXPENDITURES $ 1,753,254 $ 1,010,319 $ 742,935 $ (11,523) $ 1,741,731 Salary/Benefits $ ­­$ ­$ ­$ $ ­ M & O $ 1,753,254 1,010,319 $ 742,935 $ (11,523) $ $ 1,741,731 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees 2. Professional Fees 3. Professional Fees 4. Electricity Add the Solid Waste Management Plan to budget Add the 5­City Transportation Study to the budget Cover cost of street & traffic lighting Total Increase Cover cost of title search on donated land $ $ 1,199 30,000 23,782 45,000 99,981 DECREASE 5. Professional Fees­Contracted 6. Rental Land & Buildings 7. Maintenance Contracts Reallocate the CH2M Hill contract costs Reallocate the City Hall lease expense Total Decrease Transfer animal control budget to Public Safety Admin $ $ (76,093) (4,367) (31,044) (111,504) TOTAL PUBLIC WORKS BUDGET AMENDMENTS $ (11,523) 17 Fiscal Year 2008 Budget Amendment PARKS AND RECREATION ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ ­$ ­$ ­$ ­ (254,126) $ ­ 136,413 Professional Fees ­Contracted 390,539 227,814 162,725 Facility R & M 3,000 0 3,000 0 3,000 Rental Land & Buildings 3,524 0 3,524 (2,488) 1,036 Water/Sewer 2,000 1,869 131 2,000 4,000 Natural Gas 2,000 1,021 979 200 2,200 Electricity 17,000 6,578 10,422 0 17,000 TOTAL $ 418,063 $ 237,283 $ 180,780 $ (254,414) $ 163,649 Salary/Benefits ­$ ­$ ­$ ­$ ­$ M & O 418,063 $ 237,283 $ 180,780 $ (254,414) $ 163,649 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Water/Sewer 2. Natural Gas Cover the cost of natural gas Total Increase Cover cost of water & sewer $ $ 2,000 200 2,200 DECREASE 3. Professional Fees­Contracted 4. Rental Land & Buildings Reallocate the CH2M Hill contract costs Reallocate the City Hall lease expense Total Decrease $ $ (254,126) (2,488) (256,614) TOTAL PARKS & REC BUDGET AMENDMENTS $ (254,414) 18 Fiscal Year 2008 Budget Amendment COMMUNITY DEVELOPMENT ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Professional Fees $ ­$ ­$ ­$ ­ 176,510 $ ­ 1,364,128 Professional Fees ­Contracted 1,187,618 692,777 494,841 Rental Land & Buildings 84,568 0 84,568 (26,567) 58,001 Dues/Fees 1,000 0 1,000 0 1,000 General Supplies 300 79 221 0 300 Food/Meals 400 0 400 0 400 TOTAL EXPENDITURES $ 1,273,886 $ 692,856 $ 581,030 $ 149,943 $ 1,423,829 Salary/Benefits ­$ ­$ ­$ ­$ ­$ M & O 1,273,886 $ 692,856 $ 581,030 $ 149,943 $ 1,423,829 $ BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Professional Fees­Contracted Total Increase Reallocate the CH2M Hill contract costs $ $ 176,510 176,510 DECREASE 2. Rental Land & Buildings Reallocate the City Hall lease expense Total Decrease $ $ (26,567) (26,567) TOTAL COMMUNITY DEV BUDGET AMENDMENTS $ 149,943 DEBT SERVICE ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Capital Lease Principal $ 711,822 $ 709,394 $ 2,428 $ (2,428) (1,666) $ 709,394 148,334 Other Debt/TAN Interest 150,000 92,350 57,650 TOTAL $ 861,822 $ 801,744 $ 60,078 $ (4,094) $ 857,728 Salary/Benefits $ ­­$ ­$ ­$ $ ­ M & O $ 861,822 801,744 $ 60,078 $ (4,094) $ $ 857,728 BUDGET AMENDMENT NOTES Account Name Amendment Reason DECREASE 1. Capital Lease Principal 2. TAN Interest Reflection of actual payment Match actual expense Total Decrease $ $ (2,428) (1,666) (4,094) TOTAL DEBT SERVICE BUDGET AMENDMENTS $ (4,094) 19 Fiscal Year 2008 Budget Amendment OTHER FINANCING SOURCES/(USES) ACCOUNT DESCRIPTION FY 2008 BUDGET Y­T­D ACTUAL/ ENCUMBERED BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Unallocated $ 530,000 $ ­$ 530,000 $ (52,320) 409,750 $ 477,680 1,966,512 Op Transfer Out to Cap Proj Fd 1,556,762 778,381 778,381 Op Transfer Out to Cap Grant Fd 150,000 0 150,000 0 150,000 Op Transfer Out to Op Grant Fd 27,345 0 27,345 0 27,345 TOTAL $ 2,264,107 $ 778,381 $ 1,485,726 $ 357,430 $ 2,621,537 Salary/Benefits $ ­­$ $ ­­$ $ ­ M & O $ 2,264,107 778,381 $ $ 1,485,726 357,430 $ $ 2,621,537 BUDGET AMENDMENT NOTES Account Name Amendment Reason INCREASE 1. Unallocated 2. Op Transfer Out to Cap Proj Fd Total Increase Balance the budget Cover the cost of unfunded capital projects (See Cap Project Fd notes) $ $ 330,743 409,750 740,493 DECREASE 3. Unallocated 4. Unallocated Total Decrease Cover unexpected cost of repairing the bridge on Landrum Rd Cover unexpected cost of subsidizing the EMS Service $ $ (350,000) (33,063) (383,063) TOTAL OFS/(U) BUDGET AMENDMENTS $ 357,430 20 Fiscal Year 2008 Budget Amendment Capital Project Funds Capital project funds are used to track revenues and expenditures associated with capital construction, acquisition and maintenance. Appropriations in capital project funds are on a project­length basis and do not expire until the project is complete. This budget amendment appropriates revenue and expenditure in capital project funds as follows: CAPITAL PROJECTS FUND REVENUES 1. Increase Op Transfer In from General Fund to cover additional costs of projects (explained below) $ 409,750 409,750 EXPENDITURES 2. Increase Stormwater Maint/NPDES to cover estimated costs of project 59,750 3. Move the budget for the Freemanville @ Providence intersection improvements to Arnold Mill @ New Providence intersection improvements 0 4. Add new project: Bridge Repairs­Landrum Rd 350,000 $ 409,750 21 Fiscal Year 2008 Budget Amendment CAPITAL PROJECTS FUND ACCOUNT DESCRIPTION FY 2007 FY 2008 BUDGET BALANCE BUDGET Y­T­D ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET REVENUES: Infrastructure Maintenance Fee Landfill Use Fees Op Transfer In from General Fd (1) Budgeted Fund Balance Sidewalk Replacement $ 66,000 187,000 1,556,762 505,734 0 $ 21,137 104,526 778,381 0 47,011 (44,863) $ (82,474) (778,381) (505,734) 47,011 ­$ 0 409,750 0 0 $ 66,000 187,000 1,966,512 505,734 0 (3,421) $ 6,411 0 0 23,547 TOTAL REVENUES $ 40,423 $ 2,315,496 $ 951,055 $ (1,364,441) $ 409,750 $ 2,725,246 ACCOUNT DESCRIPTION FY 2007 FY 2008 BUDGET BALANCE BUDGET Y­T­D ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET EXPENDITURES: Public Safety: Fire Station Improvements Machinery Vehicles New Vehicles Vehicle Reserve Motorola Radios Furniture & Fixtures Public Works: Bridges & Dams Inspection/Inv Stormwater Maint/NPDES (2) Pavement Management Signs & Signals Maintenance Birmingham @ New Providence Freemanville @ Providence (3) Traffic Calming Arnold Mill @ New Providence (3) Bridge Repairs­Landrum Rd (4) Parks & Recreation: Parks Master Plan Park Improvements Community Development: Historic Preservation Ord Tree Preservation Ordinance Hwy 9 Design Guidelines Comprehensive Plan Unallocated $ 50,000 0 0 97,237 5,966 3,106 17,443 30,000 100,000 988,541 49,448 280,800 268,500 35,000 0 0 30,000 90,434 20,000 10,000 30,000 199,021 10,000 $ 7,186 0 0 97,237 0 3,106 8,663 0 797 0 990 0 0 0 0 0 0 11,692 0 0 0 46,277 0 $ 42,814 0 0 0 5,966 0 8,780 30,000 99,203 988,541 48,458 280,800 268,500 35,000 0 0 30,000 78,742 20,000 10,000 30,000 152,744 10,000 $ ­ 0 0 0 0 0 0 0 59,750 0 0 0 (268,500) 0 268,500 350,000 0 0 0 0 0 0 0 $ 50,000 0 0 97,237 5,966 3,106 17,443 30,000 159,750 988,541 49,448 280,800 0 35,000 268,500 350,000 30,000 90,434 20,000 10,000 30,000 199,021 10,000 $ ­ (1,099) 10,922 0 0 0 17,444 0 0 0 (552) 110,000 60,000 0 0 0 0 0 0 0 0 199,022 8,949 TOTAL EXPENDITURES $ 494,686 $ 2,315,496 $ 175,948 $ 2,139,548 $ 409,750 $ 2,725,246 22 Fiscal Year 2008 Budget Amendment CAPITAL GRANT FUND ACCOUNT DESCRIPTION FY 2007 FY 2008 BUDGET BALANCE BUDGET Y­T­D ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Op Transfer In from General Fd Budgeted Fund Balance Assistance to Firefighter (1) AED Units Safe Routes Grant (2) Bathroom Renovation Transportation Master Plan (3) (4,394) $ $ 150,000 45,644 83,498 11,250 281,000 17,500 400,000 $ ­ 0 0 0 0 0 0 (150,000) $ (45,644) (83,498) (11,250) (281,000) (17,500) (400,000) (4,394) (83,498) (281,000) 150,000 $ 41,250 0 11,250 0 17,500 400,000 0 (83,498) (11,250) 0 (17,500) 0 TOTAL REVENUES (116,642) $ $ 988,892 ­$ (988,892) $ (368,892) $ 620,000 $ ACCOUNT DESCRIPTION FY 2007 FY 2008 BUDGET BALANCE BUDGET Y­T­D ACTUAL BUDGET BALANCE REQUESTED BUDGET ADJUSTMENT FINAL BUDGET Unallocated Public Safety: Assistance to FF (Cascade) (1) Public Works: Safe Routes (2) Transportation Master Plan Parks & Recreation: Bathroom Renovation Community Development: Transportation Master Plan (3) $ ­$ 50,000 87,892 281,000 0 70,000 500,000 $ ­ 0 0 0 385 0 $ 50,000 87,892 281,000 0 69,615 500,000 (87,892) (281,000) 500,000 (500,000) $ 50,000 0 0 500,000 70,000 0 87,892 0 0 70,000 0 TOTAL EXPENDITURES $ 157,892 $ 988,892 $ 385 $ 988,507 $ (368,892) $ 620,000 BUDGET AMENDMENT NOTES 1.Cut budget for Assistance to Firefighter Grant (not awarded in FY 2008) 2.Cut budget for Safe Routes Grant (no application made in FY 2008) 3.Move Transportation Master Plan budget from Community Development to Public Works 23 Fiscal Year 2008 Budget Amendment Summary of All Funds General Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues $ 17,784,585 $ 4,889,053 $ (12,895,532) 369,602 $ 18,154,187 $ Expenditures Mayor & Council 396,330 111,548 284,782 291,848 688,178 City Clerk 485,602 288,931 196,671 101,389 586,991 City Manager 365,784 167,508 198,276 58,892 424,676 Program Manager 309,440 179,786 129,654 (309,440) 0 Finance 751,832 365,935 385,897 170,695 922,527 Legal 180,000 32,708 147,292 0 180,000 IT 1,401,641 805,291 596,350 (711,291) 690,350 Human Resources 118,741 67,771 50,970 239,408 358,149 Risk Management 236,030 148,776 87,254 0 236,030 Public Information 82,360 45,736 36,624 97,839 180,199 Municipal Court 434,805 180,082 254,723 171,765 606,570 Public Safety: Administration 1,584,423 799,685 784,738 13,999 1,598,422 Police 1,458,613 706,733 751,880 107,943 1,566,556 Fire 3,407,852 1,437,227 1,970,625 (133,850) 3,274,002 EMS Operations 0 0 0 33,063 33,063 Public Works 1,753,254 1,010,319 742,935 (11,523) 1,741,731 Parks & Recreation 418,063 237,283 180,780 (254,414) 163,649 Community Development 1,273,886 692,856 581,030 149,943 1,423,829 Debt Service 861,822 801,744 60,078 (4,094) 857,728 Other Financing Sources/(Uses) 2,264,107 778,381 1,485,726 357,430 2,621,537 Total Expenditures 17,784,585 8,858,299 8,926,286 369,602 18,154,187 Total Revenues Over (Under) Expenditures 0 (3,969,246) (3,969,246) 0 0 24 Fiscal Year 2008 Budget Amendment Summary of All Funds Operating Grant Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 161,800 0 (161,800) 0 161,800 Expenditures 161,800 19,000 142,800 0 161,800 Total Revenues Over (Under) Expenditures 0 (19,000) (19,000) 0 0 Hotel/Motel Tax Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 52,000 28,734 (23,266) 0 52,000 Expenditures 52,000 28,734 23,266 0 52,000 Total Revenues Over (Under) Expenditures 0 (0) (0) 0 0 Capital Projects Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 2,315,496 951,055 (1,364,441) 409,750 2,725,246 Expenditures 2,315,496 175,948 2,139,548 409,750 2,725,246 Total Revenues Over (Under) Expenditures 0 775,107 775,107 0 0 Capital Grant Fund FY 2008 Budget Actual Budget Balance Budget Adjustment Final Budget Revenues 988,892 0 (988,892) (368,892) 620,000 Expenditures 988,892 385 988,507 (368,892) 620,000 Total Revenues Over (Under) Expenditures 0 (385) (385) 0 0 25 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Manager Date: Submitted on June 6 for June 16, 2008 City Council Meeting Agenda Item: Approval of the Issuance of an Alcohol Beverage License to Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine (deferred during May 19, 2008 Council Meeting) CMO (City Manager’s Office) Recommendation: Approve the issuance of an Alcohol Beverage License to Nahm Thai Cuisine for consumption on the premises of distilled spirits (to be included with current wine and malt beverage license). 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. Discussion: Staff has processed the application for the following business and recommends issuance of the applicable license: Business Name: Lotty & Lotta Market, LLC d/b/a Nahm Thai Cuisine Owner(s) Name: Ngamta Thong Young Business Address: 5310 Windward Pkwy, Suite C Type of License to be Issued: Consumption on Premises –Distilled Spirits The applicant currently holds a wine and malt beverage license. They would like to add distilled spirits to the license. Concurrent Review: Billy Beckett, City Manager Tom Wilson, Director of Community Development Chris Lagerbloom, Public Safety Director 1 PETITION NUMBER(S): ZM07-005 VC07-014 PROPERTY INFORMATION ADDRESS Webb Road DISTRICT, LAND LOT 2/2, 1048 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) Z05 -029 (ZM05-063) EXISTING USE Undeveloped and single family residence PROPOSED USE Office PETITIONER Ken Morton, Webb Road Associates ADDRESS 2915 Webb Road PHONE 770-475-3138 APPLICANT’S REQUEST: To modify Condition 2.a. of 05Z-029 (ZM05-063), to revise the approved site plan in order to provide 33,286 square feet of two-story office buildings. The applicant is requesting three concurrent variances. The applicant is requesting to withdraw Part 3 of the following requests: 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines (Article 8.1.3.C). 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line (Article 8.1.3.D). 3) To reduce the 10-foot landscape strip to the extent necessary to allow for retaining wall within the 10-foot landscape strip (Article 12G.4.A.2). COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM07-005 – APPROVAL CONDITIONAL VC07-014 - PARTS 1 and 2 - APPROVAL CONDITIONAL VC07-014 – PART 3 – WITHDRAWAL Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 1 of 26 ZM07-005/VC07-014 MAYOR & CITY COUNCIL – APRIL 28, 2008 ZM07-005 – Deferral until 6/16/08 VC07-014 - PARTS 1 and 2 - Deferral until 6/16/08 VC07-014 – PART 3 – Deferral until 6/16/08 The Mayor and City Council voted to defer as requested by the applicant until further study of the sanitary sewer issue is completed. At the March 17, 2008 meeting, the Mayor and City Council voted to defer as requested by the applicant until the site plan could be further modified to comply with Staff’s conditions. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 2 of 26 ZM07-005/VC07-014 ZM07-005 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 3 of 26 Revised Site Plan Submitted 4/17/08 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 4 of 26 REVISED SITE PLAN SUBMITTED FEBRUARY 28, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 5 of 26 ZM07-005/VC07-014 Revised Site Plan Submitted February 5, 2008 & Plan Submitted to Board of Zoning Appeals Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 6 of 26 ZM07-005/VC07-014 Condition to be Modified: (Z05-029) 1. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on August 26, 2005 (ZM05-063). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution 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 the 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. Analysis and Recommendation: The subject site is currently undeveloped and zoned O-I (Office-Institutional) pursuant to Z05-029. Under the existing zoning, the Fulton County Board of Commissioners approved Office/Institutional and accessory uses at a maximum density of 12,844.32 square feet of gross floor area per acre zoned. Under the original 2005 rezoning, the associated legal description contained 3.34 acres permitting a total of 42,900 square feet to be developed. The chart below depicts the difference between the original zoning pursuant to Z05-029 and its maximum amount of square feet allowed and the current request for a modification of zoning pursuant to ZM07-005 and its associated legal description that currently contains 2.80 acres. This reduction in acreage was caused by the applicant’s previous rezoning pursuant to RZ07-018 that was approved by the Mayor & City Council on December 13, 2007 which included 0.54 acre that was originally within the original Z05-029 zoning as depicted on the diagram below. Z05-029 ZM07-005 Approved Density 12,844.32 Sq.ft./acre 12,844.32 Sq.ft./acre Acres 3.34 2.80 Proposed Square Feet Of Office 42,900 sq.ft. 33,286 sq.ft. Proposed Density 12,844.32 Sq.ft./acre 11,877.86 Sq.ft./acre Proposed Number of Buildings 4 buildings 3 buildings Proposed Bldg Height 2 stories 2 stories Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 7 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 8 of 26 Parking The revised site plan indicates 109 parking spaces. The Zoning Ordinance requires 3 parking spaces per 1,000 square feet of general office or 100 spaces for this development. It appears that the site plan is also in compliance with the requirement of a landscape island every 6th space except where the underground detention is located on the southern portion of the site. The applicant is also providing inter-parcel access with the parcel to the east. Requirement Spaces Required Spaces Provided Office (33,286 sq. ft.) 3 spaces per 1,000 sq. ft. 3/1000 x 33,286 = 100 spaces 100 spaces 109 spaces (+9) Stream Buffer Located on the site is a spring head and blue line stream (“state waters”) that begin on the southern portion of the site and flows to the north toward Webb Road. When the applicant’s rezoning Z05-029 was approved by the Fulton County Board of Commissioners on June 1, 2005, a 25-foot undisturbed stream buffer was required for this site. It was stated in the minutes of the meeting that although the Fulton County Stream buffer requirement had increased to 50 feet and an additional 25-foot impervious setback on May 4, 2005, the subject site was “grandfathered” and only required to meet the less restrictive undisturbed buffer of 25-feet. The State requires a 25-foot undisturbed buffer concurrently with the City’s 50- foot undisturbed buffer beginning at the point of wrested vegetation. An additional 25-foot impervious surface is required outside of the 50-foot undisturbed buffer for a total of 75 feet on each side of the stream bank (City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (a ) i. and ii.). See the diagram below: Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 9 of 26 ZM07-005/VC07-014 The applicant received a stream buffer variance for the State’s 25-foot buffer from the Corps of Engineers on June 29, 2005 to pipe the stream as well as a permit from the Georgia Environmental Protection Division’s Watershed Protection Branch on March 27, 2006. In addition, this project has been approved by the Fulton County Soil Water Conservation District on February 27, 2008. The applicant submitted a variance (V08-005) to be heard by the City of Milton Board of Zoning Appeals (BZA) on February 19, 2008 as required by City Code, Chapter 14: Land Development and Environmental Protection; Section 5 (b). On February 26, 2008, the City of Milton BZA approved (Vote: 7-0) the variance with conditions as follows: 1. The pipe and rip rap shall be installed as shown on plans dated 8/6/07. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 10 of 26 ZM07-005/VC07-014 2. Other encroachments are allowed, as shown on plans, conditional to Mayor and City Council’s approval of the site plan. Based on the approval of the piping of the stream as shown on the site plan, the stream buffers and impervious setback are eliminated south of the headwall. Staff has confirmed with the State EPD that the buffer radials shown on the January 28th site plan are eliminated based on the approval of the installation of the pipe. Therefore, the February 28th, 2008 site plan shown on page 3 of this report reflects the removal of the radials above the headwall. It appears that the only encroachment into either the 50-foot undisturbed buffer and/or the 25-foot impervious setback is where the headwall encroaches approximately 20 feet into the impervious setback behind a proposed building. The City of Milton Board of Zoning Appeals approved the piping of the stream but the applicant’s request to encroach into the stream buffer and impervious setback is contingent on the Mayor and City Council’s approval of this application for modification of the site plan. City Arborist Tree #1 – 26” Pine: Tree is in good health. Parking may jeopardize the integrity of this tree. Tree #2 – 41” Oak: Declining large oak tree has four to five major branch failures and some tip dieback. The tree is growing on a slope and Stormwater is undermining the tree. Life expectancy of this tree is less than 20 years. Tree is destined for removal due to underground detention and parking. Trees #3 & #4 – 28” Poplars: Both healthy trees. Will be impacted or removed for building and/or parking. Tree #5 – 31” Poplar: Not to be disturbed, to remain. Tree #6 – 29” Poplar: Tree may be impacted by future road widening or deceleration lane. All trees that are removed or impacted shall have recompense. As many recompense trees as possible shall be planted on site. Any remaining recompense not planted will either be planted at a location determined by the Arborist or the cost of remaining trees plus installation cost will be contributed to the City Tree Fund. Reductions of landscape strips, if allowed, will not impact any specimen trees that are not already impacted or shown to be removed. There is dense vegetation at the perimeter of the site and at the perimeter of adjacent properties. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 11 of 26 ZM07-005/VC07-014 Tree #2- 41” Oak Tree #2 – 41” Oak Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 12 of 26 ZM07-005/VC07-014 Tree #3 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 13 of 26 ZM07-005/VC07-014 Tree #4 – 28” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 14 of 26 Tree #6 - 29” Poplar Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 15 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 16 of 26 The site plan shows compliance with the future land use designation and there is minimal impact of the existing 25-foot impervious setback. The surrounding zonings are C-1(Community Business), C-2 (Community Business) (where a 15- foot retaining wall abuts the subject site) and O-I (Office-Institutional) with exception of the AG-1 property to the west. Along this west property line the stream buffer remains as well as the required 25-foot undisturbed buffer adjacent to residential/AG-1 (Agricultural) zonings. In Staff’s opinion, the proposed modification of site plan will have a minimal adverse impact on adjacent properties. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM07-005 to modify condition 2a to modify the site plan for 05Z-029. CONCURRENT VARIANCES The applicant requested three concurrent variances in his original submission; 1) To reduce the side yard setback from 20 feet to 10 feet along the east and west property lines; 2) To reduce the minimum rear setback from 25 feet to 10 feet along the south property line; 3) To reduce the 10-foot landscape strip to the extent possible to allow for a retaining wall within the 10- foot landscape strip. Based on the applicant’s revised site plan submitted on February 28, 2008, Part 3 of the concurrent variance to reduce the 10-foot landscape strip is no longer necessary, therefore Staff recommends WITHDRAWAL of Part 3 of VC07-014. Pursuant to Article 22.3.1 of the City of Milton Zoning Ordinance, Staff is of the opinion that the strict application of the side yard setback may be relaxed due to extraordinary and exceptional conditions pertaining to this property due to its topography. Such strict application would create an unnecessary hardship for the owner while causing no detriment for the public. Attached are letters of support from the adjacent property owners that are affected by the requested reduction of building setbacks. The abutting properties are zoned C-1 (Community Business), C-2 (Community Business) and O-I (Office-Institutional) except for a portion of the western property line which is buffered by the stream and an additional 25-foot buffer adjacent to AG-1 (Agricultural). There is also a 15-foot high retaining wall along the subject site abutting the C-2 parcel (Katy’s Car Wash) along the east property line where the applicant is seeking the building setback reduction from 20 feet to 10 feet. Staff recommends that if the Mayor and City Council approves the concurrent variance to reduce the building setback, the applicant shall provide additional planting within the 10-foot landscape strip along the south property line and west property line adjacent to the property zoned C-1 (Community Business). Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 17 of 26 ZM07-005/VC07-014 Therefore, Staff recommends APPROVAL CONDITIONAL of Parts 1 and 2 of VC07- 014. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 18 of 26 ZM07-005/VC07-014 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (Z05-029, ZM07-005) should be revised to read as follows: 2. To the owners agreement to abide by the following: a. To the revised site plan received by the Community Development Department on April 17, 2008. (ZM07-005). This 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. 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 the 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 owners’ agreement the following site development considerations: b. To provide a 10-foot building setback along the east and west property lines (VC07-014, Part 1). c. To provide a 10-foot building setback along the south property line (VC07-014, Part 2). d. To provide a 10-foot landscape strip planted to buffer standards along the south property line. e. To provide a 10-foot landscape strip planted to buffer standards along the west property line adjacent to C-1 (Community Business) including areas that are disturbed behind Building 3000 (SW Corner). f. To reduce parking to the minimum required spaces per Article 18.2.1 of the Zoning Ordinance. g. To save trees numbered 1, 3, 4, and 5 as depicted on “Tree Location Map” ; if not able to save the said trees as determined by the Director of Public Works and the Director of Community Development than applicant shall recompense with 6” caliper trees. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 19 of 26 ZM07-005/VC07-014 h. Provide a black four-board-equestrian-styled fence adjacent to the side walk between the sidewalk and the development or as approved by the Director of Community Development. i. Approval of this modification does not guarantee connection to public sewer nor sewer capacity. 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: a. Dedicate at least 45 feet of right-of-way from centerline of Webb Road. b. Provide asphalt overlay along entire frontage as directed by the Director of Public Works for Milton. c. Provide six foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. d. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Public Works Director for Milton. i. Site driveway on Webb Road shall be located a minimum of 300’ from other driveways or as approved by Milton Public Works Director for Milton. ii. Site driveway on Webb Road to provide a minimum 40’ of uninterrupted queue length measured from stop bar behind crosswalk or as approved by Public Works Director for Milton. iii. The proposed driveway on the property to the east on Webb Road shall provide a minimum 60’ of uninterrupted queue length measured from stop bar behind crosswalk or as approved by Public Works Director for Milton. 5) To the owner’s agreement to abide by the following: a. The water quality and detention facilities shall utilize earthen embankments or underground, where possible. Walled structures are not encouraged. If walled structures are Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 20 of 26 ZM07-005/VC07-014 proposed, they must meet the acceptable design standards of the Department of Community Development. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 21 of 26 ZM07-005/VC07-014 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 22 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 23 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 24 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 25 of 26 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM07-005/VC07-014 Page 26 of 26 PETITION NUMBER(S): ZM08-01 PROPERTY INFORMATION ADDRESS 13941 13943, 13945 Highway 9 North DISTRICT, LAND LOT 2/2, 831 OVERLAY DISTRICT State Route 9 EXISTING ZONING O-I (Office-Institutional) RZ07-010 EXISTING USE Undeveloped and single family residence PROPOSED USE Bank and 2 office buildings for a total of 28,000 square feet or 5,332 square feet per acre. PETITIONER Milton Organizers, LLC. ADDRESS 13920 N. Highway 9, Suite 140 PHONE 678-672-3204 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of RZ07-010, to redesign site plan to eliminate septic and connect to sewer. 2) To modify Condition 4.d. of RZ07-010, to allow discretion by the Transportation Engineer of Milton to determine throat length of the entrance on Hwy 9. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-01, Parts 1 & 2 - APPROVAL CONDITIONAL MAYOR AND CITY COUNCIL RECOMMENDATION ZM08-01, Parts 1 & 2 – Deferred until June 16, 2008 The Mayor and City Council voted to defer as requested by the applicant until further study of the sanitary sewer issue is completed. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 1 of 8 ZM08-01 ZM08-01 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 2 of 8 ZM08-01 SITE PLAN SUBMITTED MARCH 12, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM08-01 Page 3 of 8 Site Plan Submitted July 3, 2007 RZ07-010 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM08-01 Page 4 of 8 TREE LOCATION MAP CONDITION 3.c. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 ZM08-01 Page 5 of 8 Conditions to be Modified: (RZ07-010) 2. To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on July 3, 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. 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: I d) 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 two hundred feet. Interparcel connections are required to both the north and southern properties. Interparcel southern connection from bank to O&I parking areas. Analysis and Recommendation: The site plan received by the Community Development Department on July 3, 2007 and approved by the Mayor and City Council on September 20, 2007 showed a septic field area. After further research, the applicant has reconfigured the site to eliminate the septic area and proposes to connect to sewer. There are two possible ways to connect to sewer; the first choice would be via a manhole located within the Georgia Department of Transportation Right of Way located on State Route 9 south of the subject site. The second choice would be on the CVS Drugstore site now under construction to the south. Both of these options to connect are within the Big Creek Sewer Basin. The second request to modify Condition 4.d. is to allow the Transportation Engineer to determine the length of the throat for the entrance from Hwy 9. The existing condition requires a 200-foot throat length that may not be attainable. Therefore, the applicant is requesting that the length be decreased. This Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 6 of 8 ZM08-01 decrease is supported by the Traffic Engineer of Milton and therefore recommends the change in Condition 4.d. as described below. The proposed plan is in compliance with the conditions approved pursuant to RZ07-010 and the City of Milton Zoning Ordinance. Staff is including a condition to provide 6-foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. This condition has been included in recent rezoning petitions along State Route 9 to provide a unifying aesthetic to the area. One of the approved conditions approved by the Mayor and City Council was to save trees numbered 1, 5, and 6. The revised site plan shows compliance with this requirement. The site plan indicates a total of 3 buildings with one building being two stories in height which is consistent with the approved rezoning pursuant to RZ07-010. In Staff’s opinion, the proposed modification of site plan is consistent with the approved zoning and indicates compliance with preserving the trees as required pursuant to RZ07-010. Therefore, Staff recommends APPROVAL CONDITIONAL of ZM08-01 to modify condition 2.a. to modify the site plan and condition 4.d. of petition RZ07-010. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 7 of 8 ZM08-01 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ07-010) should be revised to read as follows: 2. To the owners agreement to abide by the following: a. To the revised site plan received by the Community Development Department on March 12, 2008. (RZ07-010). This 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. 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 the 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. (ZM08- 01) 3. d. Provide 6-foot wide concrete sidewalk along the entire frontage SR 9 frontage of the property located no more than 1 foot off the Right-of-Way line and no less than 4.5 feet behind the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. e. Provide a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. 4. To the owner’s agreement to abide by the following requirements, dedication and improvements: d. 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 two hundred feet or as approved by the Transportation Engineer for Milton. Interparcel connections are required to both the north and southern properties. Interparcel southern connection from bank to O&I parking areas. (ZM08-01) Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 8 of 8 ZM08-01 PETITION NUMBER(S): ZM08-02 North Valley Shopping Center PROPERTY INFORMATION ADDRESS Southside of Hwy 9 west of Sunfish Bend DISTRICT, LAND LOT 2/2, 758 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 (Community Business) RZ03-140 & ZM06-01 EXISTING USE Undeveloped PROPOSED USE Retail within 3 buildings for a total of 32,125 square feet and Office within 5 buildings for a total of 29,250 square feet for a total of 61, 375 square feet. PETITIONER El Mina Inc. ADDRESS 5914 Old Dahlonega Hwy, Murrayville, GA 30564 PHONE 404-597-6745 REPRESENTATIVE Inland Group, Eric Johansen ADDRESS 5300 Oakbrook Parkway, Bldg. 300, Suite 368, Norcross GA 30093 PHONE 404-355-6700 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of RZ03-140 (ZM06-011 NFC), to modify the site plan. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-02 - APPROVAL CONDITIONAL MAYOR AND CITY COUNCIL RECOMMENDATION – MAY 19, 2008 ZM08-02 – DEFERRAL UNTIL JUNE 16, 2008 Applicant requested a deferral to allow time to revise the submitted site plan. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 1 of 11 ZM08-02 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 2 of 11 ZM08-02 Revised Site Plan Received June 4, 2008 6/6/2008 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 Page 3 of 11 Site Plan Received on March 31, 2008 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 4 of 11 ZM08-02 REVISED SITE PLAN APPROVED ON 4/05/06 by FULTON COUNTY BOARD of COMMISSION 6/6/2008 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 Page 5 of 11 Condition to by modified: 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Department of Environment and Community Development on February 28, 2006. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The subject site is located on the south side of State Route 9 (Cumming Hwy) just west of Sunfish Bend. The site is zoned C-1 (Community Business) and is approved for the development of 62,240 square feet of retail, service commercial, office and accessory uses at a density of 7,535.11 square feet per acre, pursuant to 2003Z-140 NFC. The applicant’s submitted site plan shows a total of 62,240 square feet. The Fulton County Board of Commissioners also approved a Modification of Site plan on May 5, 2006 which included a concurrent variance to delete the required landscape strip along the west and south sides of the detention pond. Staff notes that on the current plan submitted, the detention is located on the southern portion of the site. The detention facility will be a four sided walled pond in the ground which will appear to be natural from all sides of the detention facility. The revised site plan appears to be a better solution for development on this property than the previous plans. It is the Mayor and City Council’s policy to require a 6-foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet along Hwy 9. In addition, a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development is also required. Both of these design standards are included in the recommended conditions. The applicant’s site plan indicates a total of 230 parking spaces. The City of Milton Zoning Ordinance requires a total of 279 parking spaces. The applicant may request an administrative reduction of 10 percent to reduce the required parking by 28 spaces for a total of 251 spaces. At the time of a land disturbance permit submittal, a total of 251 spaces would be required to be shown or a reduction in size of the building to meet the requirement. City Arborist After meeting with Eric Johansen with the Inland Group (site designer for the applicant) and Dan Drake of the Milton Public Works Department the following was discussed; the Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 6 of 11 ZM08-02 40-inch oak tree (at the proposed entrance) is in the existing Georgia DOT right-of-way and clear zone and Mr. Drake state the tree is a liability and Georgia DOT would require its removal. Regarding the 30-inch oak further to the north, the Arborist originally requested that it be preserved, however, Mr. Drake informed Community Development Staff, that the 40-inch oak will be in the new Georgia DOT right-of-way and again Georgia DOT will require it to be removed. The tree is not in the right of way at this time and will be removed because of development and will therefore, have to have recompense. Most of the required undisturbed buffer is void of vegetation and a significant amount of concrete slab exists within it and must be removed to allow the replanting. There is some existing vegetation. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 7 of 11 ZM08-02 Specimen Tree Location 6/6/2008 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 Page 8 of 11 Due to building configuration refinements that have been made in regard to the overall development, the applicant is seeking to revise the site plan approved pursuant to Z003Z- 0140 NFC and ZM06-011 NFC and is therefore requesting a modification of zoning condition 2.a. The proposed revision of the site plan will not result in an increase in density for the overall development. Staff is of the opinion that the applicant’s request is in harmony with the development approved by the Board of Commissioners pursuant to 2003Z-0140 NFC, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification of zoning condition 2.a. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 9 of 11 ZM08-02 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ07-010) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Department of Environment and Community Development on March 31, 2008 (RZ03-140). Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM08-02) 3. To the owner’s agreement to the following site development considerations: d. Provide 6-foot wide concrete sidewalk along the entire frontage SR 9 frontage of the property located no more than 1 foot off the Right-of-Way line and no less than 4.5 feet behind the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Public Works Director for Milton. e. Provide a black four-board-equestrian-styled fence adjacent to the sidewalk between the sidewalk and the development or as approved by the Director of Community Development. f. Provide motorized Inter-Parcel access to west adjoining property as required by the Director of Public Works. Provide additional non-motorized inter-parcel trails or sidewalks as may be required by the Director of Public Works. g. Provide construction of a standard 4-foot wide bicycle lane across the entire property frontage of SR 9. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 10 of 11 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 11 of 11 ZM08-02 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 To: Honorable Mayor and City Council Members From: Alice Wakefield, Community Development Director Date: May 27, 2008 for Submission onto the June 16, 2008, City Council Meeting Agenda Item: RZ08-02, Text Amendments to the City of Milton Zoning Ordinance, Article 28, Rezoning and other Amendment Procedures CMO (City Manager’s Office) Recommendation: To review the attached text amendment to the City of Milton Zoning Ordinance as recommended by the Mayor and City Council. Background: The Mayor and City Council asked Staff to look at Article 28 of the Zoning Ordinance regarding the processes that are required by both the City and the applicant when a rezoning/use permit request is submitted. In addition, Staff had discovered that under the current Zoning Ordinance, reversion of zonings were required. After consultation with the City Attorney, it was determined that reverting approved zonings and use permits are unconstitutional. Therefore, the attached amendment reflects the removal of the process of reversions. The attached amendments to Article 28 reflect the discussions that took place at the February 11, 2008 City Council Work Session. Discussion: The City Council’s goal is to ensure that during the rezoning process, the citizens are informed and educated about upcoming rezonings, concurrent variances and use permits. Secondly, the citizens have every opportunity to voice their opinions and suggestions regarding these petitions. Within the text amendment, the proposed changes suggested by the Mayor and City Council are in blue. The City of Milton Planning Commission reviewed the proposed changes at its April 2008 meeting and made their recommendations which are highlighted in yellow. Listed below are the highlights of the proposed changes to Article 28: • Global changes that reference Fulton County Board of Commissions, Fulton County Zoning Board and various other references to Fulton County to reflect the City of Milton and its associated commissions and departments. • Public Participation Report due 7 business days prior to the Planning Commission Hearing in addition to the Mayor and City Council meeting. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 • Making the Community Zoning Information Meeting (CZIM) a public meeting that requires notification by the City with signage, mailings and publication in a newspaper of general circulation. • Requiring that mailed notices be sent to at least 50 property owners if the 300 foot radius of the subject site does not retrieve at least 50 property owners. • The applicant is required to post new dates when a petition is deferred by either the Planning Commission or the Mayor and City Council. This includes deferrals for less than 20 days. Re-notification is also required by mail when deferred by the Planning Commission or the Mayor and City Council. Re-publication in the newspaper is only required when the petition is deferred by the Mayor and City Council. • At the time of submitting the Environmental Site Analysis (ESA), the applicant will be required to identify all specimen trees on the site plan. • Deletion of all references to the process of reverting approved rezonings and use permits. Alternatives: The Mayor & City Council could keep Article 28 the same with exception to the deletion of the reversion process. Concurrent Review: Billy Beckett, City Manager City Attorney ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21, 2006 ARTICLE XXVIII REZONING AND OTHER AMENDMENT PROCEDURES 28.1. GENERAL AMENDMENTS. Whenever the public necessity, convenience, general welfare or good zoning practice justify such action, and after consideration by the Planning Commission, the Mayor and City Council may, by ordinance, change the regulations set forth in this Zoning Ordinance (text amendment) or amend the Zoning Maps. Deleted: Community Zoning Board Deleted: Board of Commissioners In amending the Zoning Maps, the Mayor and City Council may approve a use permit and/or zoning district applied for by the applicant or a more restrictive zoning district based on the ranking of the City of Milton zoning district intensities. The Mayor and City Council may consider a variance filed concurrently with a request for a rezoning and/or use permit. In approving any zoning district change and/or use permit, the Mayor and City Council shall impose conditions of approval as deemed necessary and appropriate to mitigate potentially adverse influences or otherwise promote the public health, safety or general welfare. Rezonings and/or use permit requests are referred to in this text as land use petitions. All land use petitions approved by the Mayor and City Council are subject to conditions approved by the Mayor and City Council. 28.2. LAND USE PETITIONS. Land use petitions may be initiated by the property owner or the Mayor and City Council on forms available from the Community Development Department. No final action shall be taken on a land use petition affecting the same parcel more often than once every 12 months when the petition is initiated by the property owner. At any time, the Mayor and City Council may initiate a land use petition on property which was previously rezoned. However, a six-month waiting period from the date of final Council action is required when a rezoning and/or use permit request was previously denied. MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-1 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: resolution Deleted: Zoning Resolution Deleted: Board of Commissioners Deleted: Fulton County Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board If a petition was previously denied, the owner must demonstrate that the proposed land use petition is significantly different from the previous denial to the satisfaction of the Mayor and City Council before it can be considered for a reinitiation. A significant difference includes, but is not limited to a change in zoning district, use, density, height, buffers or other methods of screening, or other items which were discussed at a public hearing. Appeals to Superior Court. Any appeal of, or other legal challenge to, a Mayor and City Council’s final decision regarding a use permit petition shall be pursued by petition for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the date of the Mayor and City Council’s decision. The applicant’s petition and all other initial filings with the Superior Court shall be served upon the named defendants/respondents in accordance with O.C.G.A. § 9-11-4. Upon filing such appeal, the Clerk of Superior Court shall give immediate notice thereof to the Director of Community Development, and within 30 days from the date of such notice, the Director of Community Development shall cause to be filed with the Clerk of Superior Court a certified copy of the proceedings before the Council and the decision of the Council. 28.2.1. FILING DEADLINES. A complete land use petition shall be submitted in accordance with the advertised filing deadlines. The Director may extend the filing deadline by two days with a letter of explanation from the applicant justifying the delay of submittal. An incomplete petition will not be accepted. 28.2.2. WITHDRAWAL PRIOR TO ADVERTISING. If a land use petition has not been advertised for public hearing, a written request for withdrawal with the reason for the request shall be made to and accepted by the Director. 28.2.3. WITHDRAWAL AFTER ADVERTISING. After a land use petition has been advertised for public hearing, it may only be withdrawn by the Mayor and City Council at the public hearing. A withdrawal shall not be deemed final action and shall not bar submission of a new petition. A written request for withdrawal with the reason for the request shall be made to the Director. 28.2.4. PETITION REQUIREMENTS. All petitions shall include the following with MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-2 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: Board Deleted: Board Deleted: No refunds of petition fees will be made. Deleted: Board of Commissioners the required number of copies of each as prescribed by the Director: (1) Pre-application Review Form (2) Signed and notarized petition with original signatures; (3) Legal Description; (4) Letter of Intent; (5) Site plan which meets the requirements specified in Article 28.5.2; (6) Site plan checklist which indicates compliance with site plan requirements specified in Article 28.5.2; (7) Environmental Site Analysis; (8) PDF file of Site Plan; (9) Impact Analysis for rezoning petitions; (10) Disclosure Form; (11) Public Participation Plan; (12) Public Participation Report (due no later than 7 business days before the Planning Commission Hearing and Mayor and City Council meeting) (13) Traffic Impact Study, as required by the City of Milton Right-of-Way Ordinance; Formatted: Highlight Deleted: Board of Commissioners Deleted: if applicable (14) Development of Regional Impact Review Form, if applicable; (15) Environmental Impact Report, if applicable; (16) Noise Study Report, if applicable; (17) Other documents as identified in the pre-application review; and (18) Filing fee PUBLIC HEARING AND NOTICE REQUIREMENTS. Before adopting any change to the Zoning Maps or text of the Zoning Ordinance, the Mayor and City Council shall hold a public hearing following a CZIM and the public hearing by the Planning Commission where a recommendation was made on the petition. Deleted: (14) Metropolitan River Protection Act Pre-Review Letter, if applicable;¶ (15) MARTA Corridor Plan Review Form, if applicable;¶ Deleted: 6 Deleted: 7 Deleted: 8 Deleted: 9 Deleted: 20 Deleted: Non-refundable f 28.3. Deleted: ¶ Deleted: ¶ Deleted: 8 ½” x 11” transparency of site plan Notice of the Community Zoning Information Meeting (CZIM) shall be given at least 14 days prior to the date of the CZIM and shall be published in a newspaper of general circulation. Notice of the Planning Commission and Mayor and City Council hearings shall be given simultaneously at least 15 days but not more than 45 days prior to the date of the Mayor and City Council’s public hearing and shall be published in a newspaper of general circulation. Renotification is required when a petition is deferred by the Mayor and City Council. Deleted: (21) Copy of deed(s) (Added 04/05/06)¶ Deleted: Zoning Resolution Deleted: Board of Commissioners Deleted: Community Zoning Board Deleted: Community Zoning Board Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: not Deleted: Board of Commissioners MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-3 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 The applicant or agent shall post a sign as issued by the Community Development Department in a conspicuous location on each street frontage of the subject property at least 14 days prior to the Community Zoning Information Meeting Deleted: not later than 5:00 p.m. on the 14th day Council defers a petition, the applicant is required to post an updated sign with new hearing dates 20 days prior to the next scheduled hearing date. When a petition is deferred by the Mayor and City Council and/or the Planning is required by the applicant. The Department shall give notice by regular mail to all property owners/or current residents within 300 feet of the boundaries of the subject property with a minimum of 50 owners who appear on the tax records of Fulton County as retrieved by the City’s Geographic Information System. The notices shall be mailed a minimum of 14 days prior to the Community Zoning Information Meeting (CZIM). Renotification by mail is required when a petition is recommended for deferral by the Planning Commission for any amount of time and/or is deferred by the Mayor and City Council. The published and mailed notices shall contain the time, place, and purpose of the Community Zoning Information Meeting (CZIM), Planning Commission and Mayor and City Council hearings, the location of the property, and the present and proposed zoning classifications and/or requested use permit. The posted sign shall include all of the items required in the published notice except the location of the property. delivered. Notice shall not be considered inadequate if the mail is not MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-4 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 (CZIM). The applicant or agent shall post a sign as issued by the Community Development Department in a conspicuous location on each street frontage of the subject property at least 20 days prior to the Planning Commission Hearing. It will be the applicant’s responsibility to ensure the posting remains in a conspicuous location on site until a decision is rendered by the Mayor & City Council. The sign shall be mounted and posted as specified by the Community Development Department. Property that is not posted by the 20th day before the scheduled first hearing date will be administratively removed from the agenda. Deleted: Deleted: public Deleted: Deleted: 8:30 a.m Deleted: . on the 20th day Deleted: E&CD Deleted: not later than 5:00 p.m. Deleted: Community Zoning Board Deleted: E&CD Deleted: Community Zoning Board Deleted: Board of Commissioners Deleted: Board of Commissioners Deleted: not Deleted: County’s Deleted: 15 Deleted: hearing date Deleted: not Deleted: deferred for any amount of time by the Planning Commission or Deleted: Board of Commissioners When the Planning Commission recommends deferral or the Mayor and City Commission recommends deferral for less than 20 days, posting an updated sign Deleted: on Deleted: ¶ ¶ ¶ ¶ MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-5 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 28.3.1. SECRETARY. The Director or his/her appointee shall serve as Secretary to the Planning Commission. The Secretary shall keep minutes of proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact; and shall keep records of evidence, examinations and official actions, all of which shall be filed and shall be a public record. 28.4. TECHNICAL EVALUATIONS AND REPORTS. Proposed land use petitions shall be considered by the Mayor and City Council only after the evaluations and reports required below have been completed and the Planning Commission has made a recommendation. Such reports shall be public record. 28.4.1. ZONING IMPACT ANALYSIS BY THE PLANNING COMMISSION AND THE DEPARTMENT. For each rezoning petition, the Planning Commission and the Department shall investigate and make a recommendation with respect to the factors listed below. The Department shall make a written record of its investigation and recommendation on each rezoning petition, as well as any other factors it may find relevant, and carry out any other duties with which it is charged by the Mayor and City Council. The Planning Commission shall make a recommendation which the Department shall transmit in writing to the Mayor and City Council. The zoning impact analysis factors are as follows: A. Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property; B. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property; C. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned; D. Whether the zoning proposal will result in a use which will or could cause an excessive burdensome use of existing streets, transportation facilities, utilities, or schools; E. Whether the zoning proposal is in conformity with the policies and intent MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-6 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: Community Zoning Board Deleted: Board of Commissioners Deleted: Community Zoning Board Deleted: COMMUNITY ZONING BOARD Deleted: Community Zoning Board Deleted: Board of Commissioners Deleted: Community Zoning Board Deleted: Board of Commissioners Deleted: ¶ of the land use plan; F. Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal; and G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of Fulton County. 28.4.2. ZONING IMPACT ANALYSIS BY APPLICANT. If a rezoning is initiated by the property owner, a written documented analysis of the impact of the proposed zoning with respect to each of the matters enumerated in 28.4.1 is required at the time of filing the land use petition. 28.4.3. ENVIRONMENTAL REPORTS. If a rezoning and/or use permit is initiated by the property owner, an Environmental Site Analysis and/or an Environmental Impact Report shall be filed with the land use petition per the following: 28.4.3.1. ENVIRONMENTAL SITE ANALYSIS (ESA). All rezoning and/or use permit petitions shall include an Environmental Site Analysis to identify environmental conditions on the site to determine if the proposed use may be considered environmentally adverse. The Environmental Site Analysis shall detail the following: 1. How the project conforms to the Comprehensive Land Use Plan; 2. The presence or absence of the following and does the project encroach or adversely affect any of the following: a Wetlands; b. Floodplains; c. Streams/stream buffers; d. Slopes exceeding 25 percent over a 10 ft. rise in elevation; e. Vegetation (including endangered species; areas of confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act) (Amended 04/05/06); f. Wildlife species (including fish and endangered species; areas of MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-7 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 confirmed Georgia Department of Natural Resources listed endangered species shall comply with the Federal Endangered Species Act) (Amended 04/05/06); g. Archeological/historical sites; h. Identify all specimen trees as defined in the City of Milton Tree Preservation Ordinance. 3. How the project implements the following: a. Protection of environmentally sensitive areas (floodplains, slopes exceeding 25 percent, river corridors); b. Protection of water quality; c. Minimization of negative impacts on existing infrastructure; d. Minimization of negative impacts on archeological/historically significant areas; e. Minimization of negative impacts on environmentally stressed communities; f. Creation and preservation of green space and open space; g. Protection of citizens from the negative impacts of noise and lighting; h. Protection of parks and recreational green space; i. Minimization of impacts to wildlife habitats; 28.4.3.2. ENVIRONMENTAL IMPACT REPORT (EIR). Any petition for an industrial rezoning and/or use permit shall include an Environmental Impact Report to determine if the proposed use is environmentally adverse. The Environmental Impact Report shall detail the following: 1. Conformance to the Comprehensive Plan including each of the policies regarding environmental justice; 2. Impacts on noise levels of the surrounding area; MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-8 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 3. Impacts on air quality of the surrounding area; 4. Impacts on water quality/resources including surface water, ground water, flood plains, and wetlands; 5. Impacts on vegetation, fish, and wildlife species and habitats; 6. Impacts of thermal and explosive hazards on the surrounding area; 7. Impacts of hazardous wastes on the surrounding area; The report shall cite all uses and quantities of any agents listed on the Federal Environmental Protection Agency Lists of Hazardous Wastes. The Environmental Impact Report shall detail strategies to mitigate or avoid impacts listed above as applicable. 28.4.3.3. REVIEW CRITERIA FOR ESA AND/OR EIR. Environmental Site Analysis and/or Environmental Impact Reports shall be reviewed based upon the following: 1. Whether the petition is consistent with the policies of the Comprehensive Land Use Plan; 2. The detail provided for ESAs and EIRs as outlined in Sections 28.4.3.1. and 28.4.3.2. above. The Department shall review the ESAs and EIRs submitted with petitions for rezoning and/or use permits and make recommendations to the Mayor and City Council with respect to the proposed use. The anticipated impact of the proposed use on an environmentally stressed community will be included in the Department’s recommendation. As determined by the Director or his/her designee, Environmental Impact Reports may also be required with applications for land disturbance permits, building permits, temporary or permanent certificates of occupancy, or any other permits issued by the Department of Environment and Community Development. MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-9 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: Board of Commissioners 28.4.4. TRAFFIC IMPACT STUDY. A Traffic Impact Study is required when a land use petition equals or exceeds the thresholds indicated in the Department’s Rezoning, Use Permit & Concurrent Variance Application Package. The study shall be prepared by a certified traffic engineer or transportation planner in accordance with professional practices and must be submitted at the time of the filing of the land use petition. 28.4.5. DEVELOPMENT OF REGIONAL IMPACT STUDY (DRI). A Development of Regional Impact Study is required when a land use petition meets or exceeds the thresholds indicated in the Department’s Rezoning, Use Permit & Concurrent Variance Application Package. Form 1: Initial DRI Information must be submitted at the time of the filing of the land use petition. 28.4.6. NOISE STUDY REPORT. (Amended 04/05/06) A noise study shall be performed, by a state registered professional engineer or noise professional, if a proposed site is located within 1,000 feet of an expressway, within 3,000 feet of an active rail line, or within 5 miles of the Hartsfield-Jackson International Airport boundary. An expressway is defined as a highway facility usually having two or more lanes for the exclusive use of traffic in each direction and partial control of access (i.e. I-85, I-285 and GA-400). 1. The noise study shall include an analysis of the proposed use with respect to existing ambient noise, that is, business and industry noise, aircraft noise, roadway noise, and construction noise. 2. If the noise study results in a day-night average sound level greater than 65 dBA, the applicant shall provide a sound attenuation plan specifying the type of noise buffering measures/materials to be employed during construction that will reduce the interior residential noise levels to 50 dBA or less. 3. The sound level readings shall be measured at a distance from the site to the noise source. The measurement should be from the source to the nearest points on the site where structures having noise sensitive uses are located. These points shall be labeled as the NAL (noise assessment locations). The measurement location for structures is a point 6.5 feet from the facade. In the event that the location of the structures has not yet been specified at the time of the noise study, then the distance used in the noise study should be measured as 6.5 feet less than the distance from the MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-10 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 structure setback line to the major source(s) of noise. (Reference: Title 24, Housing & Urban Development, Part 51 – Environmental Criteria and Standards, Subpart B – Noise Abatement and Control, Section 51.103) Criteria and Standards (c) Exterior standards. 28.4.7. PUBLIC PARTICIPATION PLAN AND REPORT. The Public Participation Plan is to ensure that applicants pursue early and effective public participation in conjunction with their petitions, ensure that the citizens of Milton have an adequate opportunity to learn about petitions that may affect them, and to ensure ongoing communication between applicants, adjoining property owners, environmentally stressed communities, community associations and other organizations, elected officials and County staff. A target area for public participation should be determined by the applicant and current planner at the time of the pre-application review. Applicants are required to submit a Public Participation Plan for meeting with interested citizens to advise of pending rezoning/use permit applications and to allow citizens the opportunity to discuss concerns and provide input about project design or development. An applicant’s responsibilities are to inform the public, solicit input, and provide a summary of these activities in the form of a written report (Public Participation Report). The requirement for a Public Participation Plan does not give communities decision making powers or force a consensus on issues. Applicants are not obligated to make any concessions or changes based upon input from citizens. A refusal by the community to meet with applicants does not mean that the applicants fail to meet the requirements of the Public Participation Plan. Dialogue shall occur between applicants and communities (not including the Community Zoning Information Meeting) before the Planning Commission hearing, the first public hearing. Public Participation Plans are required with all rezoning and/or use permit applications and must be filed simultaneously with the Deleted: Fulton County Deleted: should Deleted: Community Zoning Board application. Participation Plan Reports are required to be submitted no less than Deleted: before the seven (7) business days before the scheduled Planning Commission hearing and Deleted: Board of Commissioners’ MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-11 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 an updated Public Participation Report seven (7) business days before the Mayor and City Council hearing. If the reports are not submitted as required, the Planning Commission may recommend deferral and/or the Mayor and City Council may defer an application. The minimum requirements for Public Participation Plans and Public Participation Reports are as follows: Deleted: meeting Deleted: & Deleted: hearing Deleted: is Deleted: Deleted: or Deleted: Board of Commissioners A. Public Participation Plan. Every application for a rezoning or use permit which requires a public hearing shall include a Public Participation Plan which must be implemented prior to the first public hearing. Minimum Standards: 1. Identification of all property owners within a quarter mile of the site and area homeowners’ associations, environmentally stressed communities, political jurisdictions, and any other public agencies or organizations which may be affected by an application as determined by the applicant and the current planner at the time of the pre-application review. 2. Explanation of how interested parties will be informed of rezoning/use permit applications. 3. Methods for providing opportunities for discussion with interested parties before public hearings are held. Applicants are required to schedule at least one meeting at a convenient location and time and notify all interested parties, as identified in 1. above prior to the first Planning Commission hearing, of the purpose, place and time of the meeting. 4. Applicant’s schedule for completion of the Public Participation Plan. B. Public Participation Report. Every rezoning and use permit applicant is required to provide a Public Participation Report on the Department’s form no later than seven (7) business days before the Planning Commission Hearing and an updated report no later than seven (7) business days before the scheduled Mayor and City Council’s hearing. These reports shall be made a part of the official file and a summary will be provided to the Mayor and City Council. Minimum Standards: 1. Provide a list of all parties that were contacted, the methods of notification that were used, and copies of all notification letters. MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-12 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: meeting Deleted: Meeting Deleted: Board of Commissioners Deleted: is Deleted: Board of Commissioners 2. Provide dates and locations of all community and/or other meetings that were attended by the applicant to discuss an application. (attach meeting notices, letters, etc.) 3. Provide the number of people who participated in meetings held to discuss an application. (attach sign-in sheets) 4. A summary of concerns and issues expressed by interested parties. 5. A summary of the applicant’s response to concerns and issues. 28.5. CONDITIONAL DEVELOPMENT. 28.5.1. DESIGNATION. Each zoning district shall have a designation thereunder to be known as Conditional for that district. 28.5.2. PLANS. Site plans for rezonings and use permits must be folded, drawn to scale, no larger than 30” x 42”, and shall, at a minimum, include the following information: (1) Key and/or legend and site location map with North arrow; (2) Boundary survey of subject property which includes dimensions along property lines that match the metes and bounds of the property’s written legal description and clearly indicates the point of beginning; (3) Acreage of subject property; (4) Location of land lot lines and identification of land lots; (5) Existing, proposed new dedicated and future reserved rights-of-way of all streets, roads, and railroads adjacent to and on the subject property; (6) Proposed streets on the subject site; (7) Posted speed limits on all adjoining roads; (8) Current zoning of the subject site and adjoining properties; MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-13 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 (9) Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on the subject property; (10) Existing buildings with square footages and heights (stories), wells, driveways, fences, cell towers, and any other structures or improvements on adjacent properties within 400 feet of the subject site based on the City’s aerial photography or an acceptable substitute as approved by the Director; (11) Location of proposed buildings (except single family residential lots) with total square footage; (12) Layout and minimum lot size of proposed single family residential lots; (13) Topography (surveyed or City) on subject site and adjacent property within 200 feet as required to assess runoff effects; (14) Location of overhead and transmission/conveyance lines; underground electrical and pipeline (15) Required and/or proposed setbacks; (16) 100 year flood plain horizontal limits and flood zone designations as shown on survey or FEMA FIRM maps; (17) Required landscape strips, undisturbed buffers, and any other natural areas as required or proposed; (18) Required and proposed parking spaces; Loading and unloading facilities; (19) Lakes, streams, and waters of the state and associated buffers; (20) Proposed stormwater management facilities; (21) Community wastewater facilities including preliminary areas reserved for septic drain fields and points of access; (22) Availability of water system and sanitary sewer system; MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-14 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Deleted: County’s Deleted: County Deleted: on (23) Tree lines, woodlands and open fields on subject site; (24) Entrance site distance profile assuming the driver’s eye at a height of 3.5 feet (See City of Milton’s Subdivision Regulations); (25) Wetlands shown on the City’s GIS maps or survey; and A request for relief from any of the above site plan requirements may be submitted in writing to the Director for approval prior to the filing deadline. The request should clearly state the reasons for the request. Projects subject to 28.6. 28.7. 28.8. 28.9. Deleted: Fulton County Subdivision Deleted: County’s Deleted: (26) Airport noise contours on those properties within the FAR Part 150 Airport Noise Contour Map. ¶ ¶ Deleted: Rezoning and use permits that have not vested pursuant to Section 28.11. will be removed from the Zoning Map and the zoning/land use designation shall revert as indicated in Article 28.10.¶ Deleted: nonrefundable Deleted: Board of Commissioners MILTON ZONING ORDINANCE RZ08-002-TEXT AMENDMENT 28-15 Changes By Staff are marked in blue. Changes Recommended by Planning Commission are highlighted in Yellow MCC Meeting 6/16/08 Development of Regional Impact reviews and other large projects that will be phased shall be required to revise the site plan for each phase of the development to comply with the above standards through a Zoning Modification. ZONING MAPS. The official Zoning Map and Geographical Information System will be amended to reflect the land use petition approvals. APPLICABLE REGULATIONS. Zoning regulations that applied at the time of acceptance of an application for a Land Disturbance Permit shall prevail. PETITION FEES. Prior to accepting a petition for rezoning, use permit, concurrent variance, or extension of zoning and/or use permit, the Director shall collect fees as established by the Mayor and City Council. PROCEDURES FOR MODIFICATION OF ZONING CONDITIONS. See Article XXII. Deleted: 28.10. EXPIRATION AND EXTENSIONS OF ZONINGS AND/OR USE PERMITS. Land use petitions approved after March 16, 1986 shall expire unless the property owner takes action to vest the zoning and/or use permit in accordance with Article 28.11. within a period of 36 months from the date of approval by the Board of Commissioners, or fails to secure an approved extension. ¶ ¶ A. Each zoning and/or use permit approval is allowed one (1) 24-month extension subject to the qualifying conditions in Section 28.11.2. ¶ ¶ B. Land use petitions initiated by the Board of Commissioners to implement the Fulton County Comprehensive Plan Land Use Map are exempt from the provisions of Section 28.11.2. ¶ ¶ 28.11. VESTING OF ZONING AND/OR USE PERMIT. Upon occurrence of one of the four conditions listed immediately below, a zoning and/or use permit shall be vested and such vesting shall be spread upon the minutes of the Board of Commissioners' meeting. ¶ ¶ A. Prior to the expiration of a Land Disturbance Permit, a vesting determination may be made by the Department that substantial progress (28.11.1) has been made toward the completion of on-site construction depicted on the site plan approved with the rezoning and/or use permit. ¶ ¶ B. Prior to the expiration of a building permit, a vesting determination is made by the Department that substantial ... [1] Page 15: [1] Deleted robyn.macdonald 3/3/2008 4:34:00 PM 28.10. EXPIRATION AND EXTENSIONS OF ZONINGS AND/OR USE PERMITS. Land use petitions approved after March 16, 1986 shall expire unless the property owner takes action to vest the zoning and/or use permit in accordance with Article 28.11. within a period of 36 months from the date of approval by the Board of Commissioners, or fails to secure an approved extension. A. Each zoning and/or use permit approval is allowed one (1) 24­ month extension subject to the qualifying conditions in Section 28.11.2. B. Land use petitions initiated by the Board of Commissioners to implement the Fulton County Comprehensive Plan Land Use Map are exempt from the provisions of Section 28.11.2. 28.11. VESTING OF ZONING AND/OR USE PERMIT. Upon occurrence of one of the four conditions listed immediately below, a zoning and/or use permit shall be vested and such vesting shall be spread upon the minutes of the Board of Commissioners' meeting. A. Prior to the expiration of a Land Disturbance Permit, a vesting determination may be made by the Department that substantial progress (28.11.1) has been made toward the completion of on-site construction depicted on the site plan approved with the rezoning and/or use permit. B. Prior to the expiration of a building permit, a vesting determination is made by the Department that substantial progress (28.11.1.) has been made toward the completion of a building depicted on the site plan approved with the rezoning and/or use permit. C. The issuance of a certificate of occupancy and/or permit for a use and/or structure specified in the approved conditions shall vest the zoning. D. The issuance of a business license for the approved use shall vest the zoning, but only when no new construction or land disturbance is approved and/or required as a condition of zoning. 28.11.1. SUBSTANTIAL PROGRESS. To demonstrate substantial progress for purposes of vesting a conditional zoning and/or use permit, one of the following must be fulfilled: A. The Department may approve a construction schedule which includes at least 50 percent of the public improvements specified for one phase. Substantial progress shall have been demonstrated when, within one year of the date of the issuance of the land disturbance permit, the Department observes normal progress toward the approved construction schedule. B. The Department shall approve a construction schedule which includes at least the pouring of footings for a principal building. Substantial progress shall have been demonstrated when, within 6 months of the date of the issuance of the building permit, the Department observes routine progress toward the approved construction schedule. Refusal to certify that substantial progress has been achieved may be appealed in accordance with Article 22 of this Resolution. 28.11.2. EXTENSIONS. Extensions of zonings and/or use permits for any of the four qualifying conditions listed in this section shall be considered by the Board of Commissioners. To qualify for an extension, the property owner must submit an application to the Department at least 30 days prior to the expiration of a 36-month period beginning with the date of approval of a zoning and/or use permit. The Department shall prepare an analysis and recommendation as to whether the documentation in the application is sufficient based on one of the four criteria which may validate an extension request. The Department shall submit its recommendation to the Board of Commissioners. No more than one two-year extension, per zoning and/or use permit case, may be granted for any of the qualifying conditions listed below (except a court action delay). An extension may not be sought for less than the total acreage of the underlying zoning and/or use permit. In every application for an extension, the owner(s) shall provide an affidavit documenting at least one of the following: A. A delay resulting from court action involving the zoning and/or use permit or a previous extension on the property for which an extension is sought. Extensions approved in connection with court action shall remain valid for one year beyond the granting of an order or the expiration of an appeal period before any court with jurisdiction. B. Non-availability of utilities or facilities resulting from government inaction. In those instances where wastewater facilities are available for a fraction of the desired capacity, or when capacity was available at some time during the 3 year period, but not during the 60 days prior to expiration, the Board of Commissioners shall evaluate such case's qualifications for an extension on their individual merits considering any evidence that might indicate a diligent effort to proceed with development. C. A delay in development resulting from wetlands regulatory procedures requires the applicant to provide a copy of the application acknowledgment letter from the Savannah Regulatory Branch of the Corps of Engineers as documented evidence. Said application should have been filed at least 12 months before zoning and/or use permit expiration. D. An inability to obtain financing, despite documentation of the owner's efforts during the first year after zoning and/or use permit approval and continuing until one week prior to consideration of the extension request to the Board. Documentation shall consist of two official denials signed by officers of two different lending institutions who have final jurisdiction over such financing transactions. 28.11.3. NOTICE OF EXPIRATION. At least 90 days prior to the expiration of a zoning and/or use permit, the Director shall send by certified mail a notice of expiration to each owner of record as shown in the tax records. ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 AMENDED OCTOBER 18, 2007 AMENDED APRIL 28, 2008 ARTICLE XII-G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. MILTON ZONING ORDINANCE Page 1 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this Article conflict with any other Article in the Zoning Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII-G shall prevail. 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII-H) as set forth in Section 12.H.2 of the Ordinance, shall review for approval all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein prior to the approval of a Land Disturbance Permit, Building Permit and Demolition Permits for both residential and non­ residential structures. (PC recommended not to delete “and shall make recommendations to the Community Development Department) 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping 1. A minimum 20-foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10-foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each 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. 12G.4. B. Undisturbed Buffers (Added 4/28/08) 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be MILTON ZONING ORDINANCE Page 2 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC Comment [r1]: PC recommended to delete “for approval" Deleted: and shall make recommendations to the Community Development Department Deleted: , Primary Variance Deleted: located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species from the “Acceptable Evergreen Plan Material for City of Milton Undisturbed Buffers” shall be used. 12G.4. C. Screening and Fencing 1. If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. MILTON ZONING ORDINANCE Page 3 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. 8. Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 13. Painted chain link fences are prohibited. 12G.4. D. Pedestrian Paths Deleted: C 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi-use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits MILTON ZONING ORDINANCE Page 4 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC subject to the approval of the Director of the Community Development Department. 4. Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi-use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. 6. Multi-use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto-pedestrian interaction. 11. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). MILTON ZONING ORDINANCE Page 5 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential developments is required. 12G.4. E. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. 2. Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the MILTON ZONING ORDINANCE Page 6 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Lighting Minimum Level Average Level Maximum Level Area for display of Outdoor Merchandise 1.0 5.0 15.0 Commercial, Office, and Public/Semi-Public Parking Areas 0.6 2.40 10.0 Multi-Family Residential Parking Areas 0.2 1.50 10.0 Walkways and Streets 0.2 2.00 10.0 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. 8. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. F. Building Materials and Architectural Treatments 1. Developments shall include architecture elements such as MILTON ZONING ORDINANCE Page 7 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC columns, arcades, covered entry-walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building façade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. 7. Building plans for townhouse and duplex developments shall exhibit differentiated exterior wall materials on the vertical wall faces within each block of units and architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 8. Townhouse and Duplex development rooflines should exhibit differentiated architectural features such as gables, pyramidal, and hip. Rooflines should be varied. Mansard roofs are not permitted. 9. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. 10. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 11. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 12. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of MILTON ZONING ORDINANCE Page 8 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC Community Development prior to the issuance of a Building Permit. 13. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 14. There shall be a maximum of 2 stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave, excluding Morris Road and Deerfield Parkway. (Added 4/28/08) 15. Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. 16. The exterior wall materials of all non-residential buildings and townhouse, duplex, and multifamily buildings consist of a minimum of 75% (per vertical wall plane) of the following: brick or natural stone. 17. Accent building materials for all non-residential buildings, and also townhouse, duplex and multifamily units are limited to a maximum of 25% brick, tile, non-reflective glass, natural stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 18. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 19. Exterior finishes for accessory structures shall be consistent with the principle structure. 20. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Deleted: 15 Deleted: 16 Deleted: 17 Deleted: 18 Deleted: 19 Table 12G-1 MILTON ZONING ORDINANCE Page 9 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, Beiges and Tans 462 C to 468 C 4625 C to 4685 C 469 C, 474C, 475 C 4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Greens 553 C to 554 C 560 C to 561 C 614 C to 616 C 3302 C to 3305 C 3295 C 342C, 343 C 3435 C 356 C, 357 C 5467 C to 5527 C 3305U, 3308U, 335U 336U, 341U-343 U 3415 U to 3435 U 349 U 356 U to 357 U 5535U to 5595U 553U to 559U Reds 168 C, 181 C 483 C, 484 C 1685C, 4975 C Grey 429 U to 433 U 443 U to 447 U Warm Grey 6U-11U Cool Grey 6U-11U 5467U to 5527U Red-Browns 154 U, 1395 U 1405 U Grey-Blue 5395U to 5455U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Green-Grey 5605U to 5665U MILTON ZONING ORDINANCE Page 10 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC 21. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. 22. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 23. Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible from a public street. 24. Neon lights outlining and/or detailing building features are prohibited. 12G.4. H. Parking 1. On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. I. Miscellaneous Provisions Deleted: 20 Deleted: 21 Deleted: 22 Deleted: 23 Deleted: G Deleted: H 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. 2. Stealth design is required for all cell towers. MILTON ZONING ORDINANCE Page 11 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. 6. Storage of shopping carts is allowed without a permit. 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. 8. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Comment [r2]: P.C. recommendation to delete Design Review Board and keep Department of Community Development Deleted: Department of¶ Community Development Development Deleted: departmentdepartment Design Review Board relating to this article may appeal such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the Design Review Board is rendered. (Planning Commission Recommended that the department remain). 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. MILTON ZONING ORDINANCE Page 12 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC STATE ROUTE 9 OVERLAY DISTRICT MAP MILTON ZONING ORDINANCE Page 13 of 13 Staff Recommendations in Blue Planning Commission Recommendations in pink Text Amendment – RZ08-03 – June 16, 2008 MCC ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED APRIL 19, 2007 AMENDED NOVEMBER 15, 2007 ARTICLE XII-H Northwest Fulton Overlay District 12H.1. PURPOSE AND INTENT.The Northwest Fulton Overlay District applies to all properties within the boundaries of the City of Milton as described in the attached map. The Mayor and City Council of Milton, Georgia finds that historic rural areas and their scenic surroundings are important cultural, recreation and economic assets critical to the public’s long term interest and hereby declares it to be the purpose of this article to recognize and to establish a procedure to protect and plan for the county’s crossroads communities. The intent of this article is: (1) To develop guidelines for the preservation and perpetuation of rural commercial crossroads communities based on the description and analysis of their setting; (2) To preserve the integrity of the area, which developed during the late 19th century and early 20th century, through architectural design interpretation and application; (3)To preserve and protect the rural, agrarian and equestrian character of crossroads communities and their surrounding areas; (4) To preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping; (5) To be aware and respectful of the environment’s natural resources and visual qualities; (6) To preserve open space; (7) To preserve, encourage and promote, through the built environment, the sense of place, the sense of ownership, the sense of identity, the sense of evolution and the sense of community present in the area; (8) To ensure existing design characteristics of the crossroads serve as a standard against which plans for new construction will be judged for harmony compatibility and appropriateness; (9) To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position and architectural qualities; (10) To develop a commercial setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads communities; (11) To provide for the construction of buildings and spaces that are human in scale, welcoming and approachable; (12) To encourage containment of existing commercial areas, to provide for transition between commercial areas and residential areas and discourage encroachment of the commercial areas into the residential areas and (13) To promote sustainable development. MILTON ZONING ORDINANCE Page 1 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC Deleted: ¶ AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT, TO DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT , TO PROVIDE DEVELOPMENT AND DESIGN STANDARDS, AND FOR OTHER PURPOSES.¶ ¶ BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL, GEORGIA.¶ This Article is adopted as part of a strategy designed for the purpose, among others, of preserving and protecting these areas and enhancing their important aesthetic appearance through regulatory measures, while advancing community development goals, promoting economic development and substantially protecting and promoting health, safety, order, prosperity and general welfare of the citizens of Milton. Included within the scope are regulations governing the location of buildings on the site, the design and materials of building(s) and other structure(s), landscaping and screening provisions, signs, pedestrian circulation and other items. Whenever provisions in this Article conflict with any other Articles in this Ordinance, or other City of Milton ordinances, or regulations, the provisions of this article shall prevail. 12H.2. DESIGN REVIEW BOARD . The City of Milton Design Review Board (DRB ) shall consist of a seven-member board of residents, land owners, business owners, professional architects and/or land planners, who either maintain primary residences and/or businesses or own land in the City of Milton. Members of the City of Milton Design Review Board shall be nominated by the Mayor and District Councilperson and approved by the Milton City Council. Members shall serve concurrently with the Mayor and Council’s terms. Members of the City of Milton Design Review Board will elect a Chairman and a Vice-Chairman. Meetings will be conducted in accordance with Robert’s Rules of Order. The City of Milton Design Review Board shall review for approval all plans for development in the City of Milton (except for single-family residential land uses and/or dwelling units) for compliance with the standards herein prior to the approval of a Building Permit, Land Disturbance Permit and Demolition Permits for both residential and non-residential structures. (PC recommended approval to keep “herein and shall make recommendations to the Department of Community Development”) 12H.3. DEVELOPMENT STANDARDS. This section establishes standards for elements of the overall site and of the buildings which affect the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale, setback, parking, building design, building material, building components, signs, and color. 12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site MILTON ZONING ORDINANCE Page 2 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC Comment [r1]: P.C. recommendation to delete Design Review Board and keep Department of Community Development Deleted: herein and shall make recommendations to the Department of Community Development Formatted: Font color: Light Blue Deleted: Primary Variance, Deleted: structures for a Demolition Permit before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. A. Streetscape and Landscape Strips 1. All properties shall provide a minimum 10 foot-wide strip along all public streets. The ten (10) foot-wide strip shall be planted with a minimum 2½” to 3" caliper hardwood over-story. Additional over­ story trees are encouraged. The 10 foot wide strip may be developed either: (see article 12H.3.2.B for additional landscape and screening requirements) a. with hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees, or b. with landscape elements consisting of 60% coverage in trees and shrubs and 40% coverage in grass and ground cover pursuant to the Zoning Ordinance, Milton Tree Protection Ordinance, or c. with a combination of both landscape and hardscape elements. 2. Trees shall be planted in the center of the landscape strip at a maximum distance of every twenty feet. 3. Specimen trees, as described in the Milton Tree Protection Ordinance, located within the minimum front yard shall be preserved. 4. A minimum five foot-wide strip shall be planted with grass or sod between the back of curb and the sidewalk. B. Parking Lot Landscape Islands 1. There shall be a minimum 10 foot wide landscape island at the end of each parking bay; 2. There shall be a 10 foot wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces; 3. Landscape islands shall include one over-story shade tree per 180 square feet, and MILTON ZONING ORDINANCE Page 3 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. C. Landscape Buffers 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10' improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10' improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species from the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. D. Property owners are encouraged to develop a green space for recreation and public enjoyment. 12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to minimize visual and noise impact of parking, loading areas, detention ponds and accessory site features. A. All loading areas shall be screened from view of any public street by either: (1) a minimum six foot high opaque fence matching the material of the building or (2) a 15 foot-wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of six feet within two years of planting. B. All parking areas shall be screened from view of any public street by: (1) a 15 foot-wide landscape strip planted to buffer standards or (2) a berm planted with a continuous hedge or evergreen shrubs. Plants shall be a minimum height of 3½ to 4 feet at time of planting, and such plants (or in the case of option 2 above, the berm and the planting combined) shall reach a height of six feet within two years of planting (see article 12H.3.1.A for additional landscape and screening requirements). C. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot MILTON ZONING ORDINANCE Page 4 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC higher than what is contained in the interior. The door enclosing shall be made out of wood or a material that has the appearance of wood. D. Accessory site features, as defined in each zoning district of the Zoning Ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of-way and/or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: (1) placement behind the building, (2) 100% opaque fencing which must be constructed of the same type of exterior material used for the building, or (3) by a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height of 6 feet within 2 years or planting. E. Drive-throughs are discouraged. However, if present, a drive-through shall be considered to be an accessory structure to a building. It should be screened from view from the right of way and should be in scale and proportion to the building to which it is attached. F. All detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. All chain link fence shall be black vinyl clad. G. Fencing Material and Height: 1. Allowed fencing material shall be three or four board wooden fencing with wood posts, in yards adjacent to a public street. 2. Fences in yards adjacent to a public street shall not exceed 55 inches from finished grade. 3. Retaining walls shall be constructed of stone and brick only. Retaining walls above 3 feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in Section 12H.3.2.4 and 5. H. Chain link fencing, except as required along detention/retention ponds, is prohibited from public view. All chain link fence shall be black vinyl clad. 12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should encourage and promote walking to a development and within a development. MILTON ZONING ORDINANCE Page 5 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC The placement of sidewalks and pedestrian amenities should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five foot landscape strip shall be planted between the roadway or curb and the sidewalk. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right of way. 1. Mandatory Requirements - Pedestrian Path Design Standards A. Proposed developments shall have a pedestrian network. B. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. C. Paths shall be a minimum of five-foot in width. D. Paths shall be clearly identified (through painting, signage, texture change). E. In order to facilitate travel, paths shall not be obstructed by any object or structure. F. Paths shall be designed to minimize direct auto-pedestrian interaction. G. Paths shall be connected to signalized crosswalks, where applicable. H. Paths shall be a direct and convenient route between points of origin (such as a bus stop) and destination (such as a shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. I. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. J. Pedestrian paths shall be colored/textured walkways or sidewalks. 2. Encouraged Elements - Pedestrian Paths and Public Spaces A. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. MILTON ZONING ORDINANCE Page 6 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC B. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, and mailboxes. C. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. D. Paths are allowed to perpendicularly cross landscape strips. E. Granite curbing is preferred over other types of curbing. 12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances. Lighting should be compatible with the rural and historic setting of Northwest Fulton. Lighting should be minimal while at the same time ample enough for safety and night viewing. A. Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two (2) arms are permitted on a single post. c. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Allowable post arm style shall be Shepherd’s Crook. B. Pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable post styles are pole-top, bollard, and Shepard’s Crook. C. Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. D. Prohibited styles: Shoe box and cobra styles. E. Building mounted lighting fixtures shall have a 45 degree light cut off. MILTON ZONING ORDINANCE Page 7 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC F. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. G. Neon lighting is prohibited. H. Light housings and posts shall be a dark color/material and be non­ reflective. I. Exterior lighting shall not exceed two (2) foot candles. 12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design and lay out of a development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building’s orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create and informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces.Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening A. Size. Non institutional buildings shall be limited to the following: 1. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, if two or more buildings are built, the total size of all buildings shall be a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. 2. On developments larger than four acres, the maximum building size shall be 25,000 square feet. 3. A group of two or more buildings that share at least one contiguous wall will be considered as one building. B. Orientation MILTON ZONING ORDINANCE Page 8 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 1. All buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. 2. Driveways shall be perpendicular to the street. C. Setbacks 1. For all property and lots located adjacent to public rights-of-way and from 0 to 400 feet from an intersection, buildings shall be set back no more than twenty (20) feet from the edge of the required landscape strip and/or easements. This twenty (20) foot front yard area may be developed with a combination of landscape and hard-scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. 2. For all property and lots located adjacent to public rights-of-way and 400 feet or more beyond an intersection, buildings shall be set back no more than thirty (30) feet from the edge of the required landscape strip and/or easements. This thirty (30) foot front yard area may be developed with a combination of landscaping and hard-scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. 3. Buildings within a development shall have a 20 foot separation between buildings. This are shall be developed as greenspace or with a combination of hardscape and landscaping. 4. In the case where a building(s) in a development can not front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building(s) can front on an internal street in the development. The standards in this article that specify a building’s position and relation to the street are also required for a building(s) fronting on an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. D. Height MILTON ZONING ORDINANCE Page 9 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 1. There shall be a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. E. Scale 1. For every eighty feet of building length on a single face, there shall be variation in the exterior. This exterior variation shall be accomplished through the following means: a. For each eighty feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building’s location. b. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. F. Parking 1. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in Article 18.2.2 of the Milton Zoning Ordinance. Additional reduction in the number of parking spaces is encouraged. 2. All parking spaces built, which exceed the minimum number required by the Milton Zoning Ordinance, shall be constructed of pervious material. 3. No on site parking shall be located to the front of a building and/or between a building and the public right-of-way (see article 12H.3.2.B regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. 4. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. 12H.3.6. Building and Other Structure Design. Construction of buildings in styles and types not found in Northwest Fulton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix MILTON ZONING ORDINANCE Page 10 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Northwest Fulton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called “crossroads communities.” Residences are constructed at the edge of these crossroads communities. The Overlay District seeks to replicate this pattern by having future non-residential construction, built within 400 feet from the edge of right-of-way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. A. Building Design 1. All non-single family buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant commercial building types (see Attachment B). 2. All non-single family buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant residential building types (see Attachment B). B. Building Material: 1. Exterior wall materials shall consist predominately (a minimum of 80%) of one or a combination of the following materials: horizontal clapboard siding; brick; and stone. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. 2. Accent wall material (no more than 20%) may include glass, architecturally treated , precast stone. All shall have a natural appearance and/or a historic appearance. 3. Prohibited exterior building materials are: metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel (exceptions: mechanical penthouses & roof screens). C. Roof: 1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be 8 over 12 to 12 over 12. MILTON ZONING ORDINANCE Page 11 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 2. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. 3. Buildings with a minimum gross square footage of 15,000 square feet are allowed to have a lower pitched roof if they meet all of the following standards: a. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in Section 12H.3.6.C (1). b. Roof top equipment is screened from public view from all adjacent public streets. 4. Mansard roofs are not permitted. D. Windows: 1. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges from no less than 30 percent to no greater than 50 percent of the building exterior. 2. For wall sections greater than ten (10) feet wide: a. No one window shall exceed 32 square feet. No grouping of window shall exceed 100 square feet. b. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width. c. Windows on the building side and rear may have window spacing up to two window widths apart. d. Window sills shall be placed a minimum of two feet above finished grade. 3. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to 1 (width). 4. Window types shall include one or a combination of the following types: double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows. The upper sash of all windows shall have divided lights. Clip-ins are allowed. MILTON ZONING ORDINANCE Page 12 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 5. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. 6. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. E. Doors: 1. Allowed doors used as entryways by the public include: a. Wood or simulated solid wood door with raised panels b. Wood or simulated wood door with raised panels on the bottom half and glass on the top half c. Glass door with divided lights 2. Flush panel doors are prohibited as exterior doors. F. Architectural Features: Architectural details are encouraged to create variety, visual interest, and texture on new buildings. 1. Articulated building entryways are typical of building types throughout the district. Therefore main entrances shall have greater architectural details by including a minimum of two of the following elements: a. Decorative columns or posts b. Pediments c. Arches d. Brackets e. Transoms over doorways f. Sidelights g. Porticos h. Recesses/projections 2. If used, shutters shall be operable and fit the size of the window. MILTON ZONING ORDINANCE Page 13 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC 3. If roof dormers are present and they have windows, then the windows shall be glazed. Dormers are not a common element and should be used minimally. G. Accessory structures: 1. Out-parcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building(s). H. The following building components shall be prohibited if visible from public street: steel gates, burglar bars, chain link fence, steel roll down curtains. If not visible from any public street, such treatments are allowed 12H.3.8. Building Colors. All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surrounding. A. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. B. Acceptable colors are listed in Attachment A. 12H.3.8.1 Sign Structure Colors. A. All colors when applied to a neutral background using the pallet in Attachment C will be acceptable. Colors used for corporate identity or graphics shall not exceed over 30% of the total signage area, thereby leaving 70% of the total sign area to remain in the neutral background color. B. Acceptable colors are listed in Attachment A. 12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. 12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend in with their surrounding as much as possible. A. Antennas and towers shall be as far away from the right of way as possible or be located next to established tree plantings. B. Antennas, towers and accessory structures shall be a dark matt non­ reflective color such as dark gray. MILTON ZONING ORDINANCE Page 14 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC C. Antennas, towers and accessory structures shall have no lights other than those required by the Federal Aviation Administration. D. The landscape buffer around the antennas, towers and accessory structure shall be natural and informal by having an irregular shape. E. The plantings in the landscape buffer shall obscure any accessory structures within one year of planting. F. In the landscape buffer, a mix of three species of trees acceptable to the Milton Arborist should be planted. In the mix of trees one should be evergreen, one deciduous and one seasonal or perennial. G. Fence openings shall be out of view from the public right-of-way. H. Where appropriate, towers should be camouflaged. 12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12H.5. APPEALS. Any persons aggrieved by a final decision of the Design Review Board relating to this Article may appeal from such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per Section 22.4 et seq. of the City of Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the Design Review Board is rendered. (Planning Commission Recommended that the department remain). 12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance permits, and sign permits filed on or after the day of adoption of this Ordinance shall meet the standards of this Overlay District. 12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton Mayor and City Council does hereby ordain, resolve, and enact the foregoing Article XIIH to the City of Milton Zoning Ordinance. MILTON ZONING ORDINANCE Page 15 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC Deleted: Department of Community Development Comment [r2]: P.C. recommendation to delete Design Review Board and keep Department of Community Development Deleted: Department Attachment A Acceptable Building Material and Sign Color Palette A. Colors apply to building materials, architectural and decorative elements, and sign structure. B. The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: - Modern Digital Scanning/Color Interpretation -Cross referencing Paint Manufacturers Formulas -Visual comparison matching 3. Colors have been chosen not only by what is found architecturally in the Northwest Fulton area historically but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid “primary” color values in favor of “muted” and “subtle” colors. 4. Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the appropriate colors. Whites Acceptable “whites” are described as subtle shades or tints of white, including “neutral”, “antique”, “taupe”, or “sandstone”. Quarter-tones Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. Mid-tones Half-way between light and dark. Shadow-tones Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. Color Chart Manufacturer: PMS, Porter Brand (P), Duron (D), Name: Color tile No. Reference Number Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s) MILTON ZONING ORDINANCE Page 16 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC MILTON ZONING ORDINANCE Page 17 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC MILTON ZONING ORDINANCE Page 18 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC MILTON ZONING ORDINANCE Page 19 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC MILTON ZONING ORDINANCE Page 20 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC ATTACHMENT B Characteristics of Northwest Fulton Crossroads Communities The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural crossroads communities in the City of Milton. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in the City of Milton. Commercial development in the City of Milton has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to twenty feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings’ design and architectural details are elements that maintain the value of the communities and contribute to the sense of place in the City of Milton. More than being a place for commerce, they provide the sense of identity, ownership, community and evolution. Many of the commercial buildings were built from the late 1800's to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular foot print. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into 6 lights over 6, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main facades are more articulated that the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads MILTON ZONING ORDINANCE Page 21 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double-hung sash with the sashes divided into 6 lights over 6, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in Attachment B. Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In many cases style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in Attachment B. Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. MILTON ZONING ORDINANCE Page 22 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC NORTHWEST FULTON OVERLAY DISTRICT MAP MILTON ZONING ORDINANCE Page 23 of 23 Staff recommendations in blue Planning Commission recommendations in pink Text Amendment – RZ08-04 – June 16, 2008 MCC ADOPTED BY THE MILTON CITY COUNCIL DECEMBER 21, 2006 AMENDED ON APRIL 19, 2007 ARTICLE XII-H(1) Crabapple Crossroads of the Northwest Fulton Overlay District 12H(1).1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares the purpose and intent of this Ordinance to be as follows: To implement the Crabapple Crossroads Plan of June 4, 2003 and to regulate development in such a way that it will be consistent with the Crabapple Crossroads Plan of June 4, 2003 and with Crabapple’s character. To promote the public health, safety, welfare, history and education by ensuring architectural integrity in the Crabapple area and by preserving the cultural heritage of the Crabapple area. To implement and to provide opportunities for mixed-use development which promote the live work concept and are comprised of commercial, office, institutional, and residential uses that are compatible with Crabapple’s historic and rural village oriented development. To preserve and to ensure the harmony and compatibility of the character of Crabapple by ensuring that building and site design are human in scale. To provide design standards against which plans will be judged for harmony, compatibility and appropriateness as developed based on Crabapple’s historic rural character. To protect 20% of the Crabapple Crossroads as open space. To protect 10% of each project/development as open space. To encourage open space in areas identified in the Crabapple Crossroads Plan. To provide open space that is usable, accessible and lessens the visual impact of development. To develop an interconnected transportation network and to implement a pedestrian-oriented core surrounded by residential uses at its perimeter. To increase transportation modes, to improve mobility, and to improve pedestrian circulation by planning and promoting pedestrian oriented developments. To preserve and promote rehabilitation of Crabapple’s historic resources and ensure that existing design characteristics of Crabapple are incorporated into the design standards and that new construction is compatible and complementary with the architectural characteristics of historic resources. Page 1 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC Deleted: AN ORDINANCE TO ADD ARTICLE XII-H(1) TO THE ZONING ORDINANCE OF THE CITY OF MILTON GEORGIA; TO DELINEATE THE CRABAPPLE CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT; AND TO ESTABLISH STANDARDS FOR THE CRABAPPLE CROSSROADS.¶ ¶ BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON , GEORGIA.¶ ¶ To ensure that new construction is compatible and sensitive with Crabapple’s existing character including the spatial relationships between buildings, proportion, scale, design, placement, position and architectural qualities and that a building’s architectural elements are carried out in all four elevations. To ensure that the design of all buildings is compatible with the scale, design, style, placement, position, uniqueness, historic building elements architectural detailing, variation in building massing, visual variety, and street-orientation of buildings in Crabapple, and with planning policies and goals of the Crabapple Crossroads Plan of June 4, 2003. To preserve Crabapple’s historic development pattern that is characterized primarily by single-family residences and neighborhood commercial buildings, many of which were constructed between the late1800s and early 1900s. To encourage a variety of housing choices in Crabapple through the construction of a diverse housing stock. To promote uses that encourage walking, neighborhood businesses as identified in the Crabapple Plan and retail uses that promote the village character. To maintain Crabapple’s existing topography, mature vegetation and natural resources and to minimize severe changes that would impact Crabapple’s established visual character. 12H(1).2. CRABAPPLE CROSSROADS REGULATIONS. The Crabapple Crossroads is section of the Northwest Fulton Overlay District that applies to all parcels in the Crabapple Crossroads Plan of June 4, 2003. The boundary of Crabapple Crossroads section of the overlay shall include all parcels within the map below. The Crabapple Crossroads section of the overlay, approximately 511 acres in 119 parcels, contains the historic mixed-use center of Crabapple and land surrounding it. It is bounded in part by the following subdivisions: Kensington Farms to the north, Waterside to the west, Crabapple Chase and Arbor North to the southwest, Westminster at Crabapple to the south and Mid-Broadwell Trace and St. Michelle to the east. The center of the Crabapple community is at the intersections of Crabapple Road, Birmingham Highway, Mid-Broadwell Road, Mayfield Road and Broadwell Road. Page 2 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC CRABAPPLE CROSSROADS OVERLAY DISTRICT MAP If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. If standards are not specified in the Crabapple Crossroads Section, then standards of the Northwest Fulton Overlay District shall apply. Whenever provisions of this Article conflict with the City of Milton Zoning Ordinance or any other City of Milton ordinances, or regulations, these standards shall prevail. 12H(1).3 DESIGN REVIEW BOARD. The City of Milton Overlay District Design Review Board, as set forth in Section 12H.2. of this ordinance shall review for approval all plans for development except detached single family residential in Crabapple Crossroads for compliance with the standards herein prior to the approval of a Land Disturbance Permit, Building Permit and Demolition Permits for both residential and non-residential structures. Page 3 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC Comment [r1]: PC recommended to delete “for approval" Deleted: herein and shall make recommendations to the Department of Community Development Deleted: Primary Variance (PC recommended not to delete “and shall make recommendations to the Community Development Department) 12H(1).4. DEVELOPMENT STANDARDS. A. Site Design 1. On site creeks should be integrated into the site as amenities. 2. New construction shall conform to the existing topography as much as possible subject to approval by the Manager of the Community Development Department. 3. Building shall be avoided on sites with slopes greater than 25%. 4. Where retaining walls are required, they shall be faced with indigenous rock or brick. Use of landscape timber as exterior treatment in retaining walls is prohibited. Retaining walls above 5 feet shall have evergreen plantings in front or as approved by Community Development Manager. 5. Detention facilities shall be designed pursuant to the Alternative Design Standards described in the Milton 2005 Subdivision Regulations. 6. Design shall follow the natural landforms around the perimeter of the basin. Side slopes of basins shall not exceed one-foot vertical for every four foot horizontal. B. Streets Notwithstanding the provisions of the Milton Subdivision Regulations and requirements of the City of Milton Transportation Engineer, new streets within the Crabapple area shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State’s standards may prevail. The Crabapple Plan calls for three types of streets to create an enhanced road network. Each street type has on-street parking (optional on Neighborhood Streets-Type C), landscape strips, sidewalks and setback standards. Page 4 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 1. Village Main Street (Type A): Mayfield Road and Crabapple Road are designated as Village Main Streets. The Village Main streetscape standards are: a. Minimum Landscape Strip: 8 feet b. Minimum Sidewalk width: 8 feet c. Building setback: 0 to 10 feet maximum d. On street parking: To be located in Village Mixed Use and Village Office/Residential land uses, optional in other land uses. Bulb-outs to be located at the intersections in Village Mixed Use and Village Office/Residential. Page 5 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 2. The Village Secondary Street (Type B) Birmingham Highway and Broadwell Road and around the mixed-use area and the schools are designated as Village Secondary Streets. Village Secondary Street (Type B) streetscape standards are: a. Minimum Landscape Strip: 7 feet b. Minimum Sidewalk Width: 5 feet c. Building Setback: 10 to 20 feet maximum d. On Street Parking: along Village Mixed Use and Village Office/Residential land uses, but optional in other land uses. Page 6 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 3. The Neighborhood Streets streetscape (Type C) All residential streets are designated as Neighborhood Streets. In Village Mixed Use, Village/Office Residential and Sub Village Residential A, the Neighborhood Streets streetscape (Type C) standards are: a. Maximum design speed: 25 miles per hour b. Minimum Landscape Strip: 7 feet with curb and gutter and 10 feet with swales c. Minimum Sidewalk Width: 5 feet d. Maximum Building Setback: See table in Residential section e. On Street Parking: Optional In all other Residential and agricultural land uses, the Neighborhood Streets streetscape (Type C) standards are: f. Maximum design speed: 25 miles per hour g. Minimum Landscape Strip: 10 feet swales h. Minimum Sidewalk Width: 5 feet i. Maximum Building Setback: See table in Residential section or as determined by the Community Development Manager. j. Swales shall have a slope of 2% or less. k. Trees shall not be planted in the center line of water flow. l. Red Maple, river birch, willow, and birch cypress are recommended for planting in swales or other trees as recommended by the Milton Page 7 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC arborist. C. Landscaping and Buffers 1. A minimum 6-foot wide landscape strip between the road the sidewalk is required along Mayfield Road and Crabapple Road. 2. A minimum 5-foot wide landscape strip between the road the sidewalk is required along Birmingham Highway and Broadwell Road around the mixed use area and the schools. 3. A minimum 5-foot wide landscape strip with curb and gutter between the road the sidewalk is required for all new residential streets for Village Mixed Use, Village Office Residential and Sub Village Residential A. A 10-foot wide landscape strip with swale is required for all new residential streets in the other Residential land uses. 4. Specimen trees should be preserved to the extent possible. 5. Street trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the Milton Tree Preservation Ordinance and Administrative Guidelines. 6. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist 7. Trees shall be trimmed up to 7 feet or not impede pedestrians. 8. Street lights and pedestrian lights may be placed in the landscape strip as Long as long as they don’t interfere with future tree growth. 9. Additional landscaping elements of trees, shrubs, grass and ground cover may be provided in building setbacks. 10. Parking lots shall include landscape islands per the Zoning Ordinance of City of Milton and the Milton Tree Ordinance 11. Buffers: Parcels at the periphery of the Crabapple Crossroads shall have a 25 foot buffer and 25 ft building setback to provide a transition between the parcels in the Crabapple Crossroads and those outside of it. D. Sidewalks and Pedestrian Paths Page 8 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 1. Sidewalks are required along all public and private road frontages and should be offset as specified in section 12H(1)4.B. Meandering sidewalks around existing trees is subject to the approval of the City of Milton Arborist. 2. Sidewalk materials shall be continuous across the entire length of all driveways. The driveway shall match the appearance of sidewalk materials, in color, texture and design. 3. Design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape Project. 4. Sidewalks for all new projects shall connect with existing sidewalks and paths. 5. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. In Village Mixed Use and Village Office/Residential land use, clear pedestrian paths between buildings, sidewalks and parking lots shall be established with minimal interruption of pedestrian paths by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall connect residential development, open space, institutional uses and nonresidential developments as reviewed by the Community Development Department. E. Streetscape Lighting and Street Furniture 1. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Lighting shall also be shown on the landscaping plan. Future mature growth vegetation shall not conflict with proposed lighting. 2. Street lighting and pedestrian lighting shall meet the Crabapple Streetscape standards. 3. Developments in the Village Mixed Use and Village Office/Residential shall include street lighting and pedestrian lighting in the streetscape. 4. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. If installed, benches and trash containers shall be selected from the Crabapple Streetscape standards. Page 9 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 5. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side corner yard setbacks. 6. Awnings can project over sidewalks. F. Block Size and Block length 1. Land shall be subdivided into block sizes that range from 2 to 10 acres. Blocks with a mix of uses should be 2 to 5 acres. 2. Each side of residential blocks shall not exceed 660 feet in length. 3. Each side of Village Mixed Use and Village Office/Residential blocks shall not exceed 400 feet in length. 4. Double frontage lots are not allowed. 5. New streets should not be created which require rear yards of new buildings nor opaque fencing to face an existing public right of way (except alleys). G. Colors All buildings shall meet these color standards. All exterior building materials, architectural and decorative elements, and sign structure colors must be selected from the list provided. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Page 10 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC Permitted Colors Base Colors – Primary Building material Pantone Colors Accent Colors – allowed for architectural elements, roof, accents, awnings, structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 466 C&U 4645 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4504C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 H. Open Space 1. Each development shall indicate 10% of the site as open space. The openspace can include environmentally sensitive areas, streams and stream buffers, multi-use paths, pocket parks and public parks. In the portions of the study area in the Chattahoochee River basin (i.e the sewered portions of the study area) a maximum 50% of the required open space shall be environmentally sensitive areas, streams, stream buffers. 2. The open space shall be accessible for pedestrian use and usable. It shall not include any portion of lots nor required landscaping and setbacks. Page 11 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 3. To the extent possible, new development projects should provide access to the three parks which are identified in the Crabapple Crossroads Plan of 2003. The open space should be located adjacent to and connected with these three parks: along the two streams in the NW quadrant, along the City of Alpharetta lake in the SW quadrant and along the lake on Mayfield Road in the NE quadrant. In addition, open space with paths is encouraged. 12H(1).5. COMMERCIAL, OFFICE and INSTITUTIONAL DEVELOPMENT STANDARDS. All nonresidential standards apply to renovation existing and construction of new structures, used for non-residential purposes, within the area defined within the document. A. Driveways and Parking for Nonresidential Uses 1. Driveway access to non-residential buildings should be located at the side or rear of the principal structure. 2. In commercial areas, inter-parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. 3. Parking and driveways shall be made out of gravel, concrete or pavers. Stamped and/or colored concrete surfaces shall also be acceptable surface treatments. Asphalt shall not be allowed. 4. Any parking over the amount required by the City of Milton Zoning Ordinance shall be surfaced with gravel or grass pavers. 5. Parking may be shared pursuant Article 18 of the City of Milton Zoning Ordinance. 6. On-street parking can be counted as part of the minimum number of required parking spaces. 7. In the mixed use and office/residential land use areas and on Type A Village Main Streets and Type B Village Main Streets, streetscape bulb-outs shall be located at all intersections and to the extent possible one bulb out shall be required for every five on-street parking spaces. Location, design and plantings in the bulb-outs are subject to the approval of the City of Milton Community Services Department. Page 12 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC B. Non-Residential Building Design 1. The building façade facing a public right of way shall have exterior building wall offsets, including projections, recesses every 40 feet in order to add variety. 2. Pitched roofline offsets shall be provided every 40 feet to relieve the effect of a single roof and to add variety. 3. Appropriate and safe view angles and pedestrian crossings at exits and entrances should be provided. 4. Corner building facades shall be parallel with the street (see illustration). 5. The buildings materials and design applied to the façade, shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. Page 13 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 6. Architectural accent material may include hard coat stucco. 7. The permissible roof types are gable, pyramidal, and hip as well as flat roof. A minimum four foot parapet wall on all four sides or sufficiently high enough to screen roof mounted equipment from views from the right-ofway, shall be required. Shed roofs are permitted over porches, additions, and accessory structures. 8. There shall be no pitch requirement for a roof. 9. Window standards are as follows: a. Sash windows shall have divided lights. b. Muntins and mullions shall be true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass. c. The scale of the window and doors should be appropriate to the wall in which it is placed. The front façade shall have windows and door openings to consist of a minimum of 20% of the size of the front façade. The other elevations shall have window and door openings to consist of a minimum of 15% of the size of the corresponding elevation. Windows shall be provided on each floor. d. No window shall exceed 32 square feet and no grouping shall exceed 100 square feet. Metal mullions are prohibited. e. Windows in elevations facing a public right of way shall be predominantly vertical in orientation. Store front type windows are allowed on the front façade. f. Window sills shall be placed a minimum of two feet above finished grade. g. Window frames on front facades shall not be metal. 10. Exterior machines, for the purpose of vending and dispending prohibited. 11. Propane tanks and other gas tanks and their storage containers shall be either screened and located on the side or rear or as directed by the Fire Marshall so that items cannot be seen from the street. 12H(1).6. RESIDENTIAL STANDARDS. A. Applicability Page 14 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC The Crabapple Crossroads Residential Standards shall apply to townhomes and multi-family residential properties and structures. However building setbacks and frontage requirements shall apply to all residential uses. B. Residential Site Requirements 1. The required lot frontage and building setbacks are as follows: 2. Building separations shall be subject to the requirements of the Standard Building Code and the Life Safety Code. C. Driveways 1. Turnarounds and permanent off-street parking are not permitted between the principal structure and a public street. 2. No more than one driveway shall be allowed per single family residence. 3. A driveway serving a single residential unit shall not exceed 12 feet in width up to the front façade of a house, including the flare at the street. Page 15 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 4. Driveways shall be gravel, concrete or pavers. Asphalt driveways are prohibited. 5. Driveways shall be located at least 5 ft from a parcel line. D. Building Orientation 1. The front façade, front porches, and front doors of the principal residential structure shall face and be parallel to the street. 2. There shall be no double frontage lots (except for private alleys). 3. Duplex units shall be located side by side or above and below facing a public street. Duplexes shall not be of a front/back configuration. E. Garages 1. Garages shall not extend beyond the front façade or primary building line of the residential structure. Garage entrances are prohibited on the front façade of the residential structure (see exemption in item 3 below). 2. Garages can be located in the rear or the side of the residential structure. Garages can be located in the rear of the lot and house (either attached or detached) accessed from an alley or in the rear of the house and lot (either attached or detached) accessed from a side drive. 3. Garages can be located to the side of the house with a front garage entrance set back at least half the distance of the depth of the house. 4. The garage can be flush with the front façade of the house with the entrance on the side elevation as long as the garage feature is undistinguishable from the front elevation. F. Fences and Walls 1. Fences shall be constructed of brick, stone, ornamental iron, wood pickets or wood boards or a combination thereof. 2. Fences not exceeding four feet in height may be erected in the front yard and along the right-of-way. 3. Fences along any right of way shall not be opaque. 4. Fences and walls not exceeding six feet in height may be erected in the rear and side yards. Six feet high side yard fences shall start half way back the depth of the house. Page 16 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC 5. Access to alley ways may be fenced and entry controlled via a gate(s). Gates shall not be opaque. 6. In the event of the construction of a conventional detention facility, exterior portions of concrete retention ponds shall be faced with stone of brick. 7. Chain link fences are prohibited, except as required along detention/retention ponds and along recreational facilities. Chain link fences shall be black clad in vinyl and be screened with a 20 ft landscape strip, planted at buffer standards. 8. Other than retaining walls, walls shall not be erected in the front yard or in yards adjacent to a public street. Retaining walls shall be faced with stone or brick. G. Accessory Structures 1. Permanent accessory structures larger than 150 square feet, including detached garages, shall be built of similar exterior buildings materials as the principal structure and shall be located in the rear yard. 2. All mechanical equipment visible from a public street shall be screened with vegetation and/or fence materials. If it is a corner lot, then is shall be screened from the front view from both street frontages. 3. Private recreation and amenity areas (with the exception of paths) shall be placed internal to a development and shall not have frontage on Mayfield Road, Birmingham Hwy, Crabapple Road, Broadwell Road nor Mid- Broadwell Road. H. Residential Building Design 1. The building façade facing a public right of way shall have building wall offsets, including projections, recesses to be used every 40 feet in order to add variety. 2. Townhome developments shall not contain more than 5 connected units in a single building massing. Each townhome in a townhome building shall have the same building materials. When a townhome is located on a corner, architectural elements and details of the house shall continue on the side of Page 17 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC the house along the street. 3. Maximum Building height shall be 30 feet to the eave of the building measured at the front façade. 4. Allowed exterior materials are: horizontal wood lap siding, cementitious lap siding, vertical board and batten, brick, and stone. Hard coat stucco shall only be allowed for trim areas. The building materials applied to the front façade shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. 5. Vinyl or aluminum siding, glass curtain walls, concrete masonry units, exterior insulation and finishing systems (EIFS), exposed concrete masonry units (CMU), concrete foundation walls are prohibited as exterior building materials. 6. Roof types shall be side gable, cross gable, front gable, and hip. Shed roofs are allowed on porches. Roofs shall be made out of asphalt shingle, wood shingle, wood shake, slate or standing seam metal. Skylights shall be flat (bubble and geometric skylights are prohibited). They shall be placed to the rear of the house. 7. Windows in the front façade shall be predominantly vertical in orientation. 8. Windows frames of windows on the front façade shall not be made out of metal. 9. If muntins or mullions are used, they shall be either true divided lights or simulated divided lights (clip-ons are allowed). 10. Front doors shall be wood panel or have a combination of wood and glass (such as French doors) or shall have the appearance of wood. 11. Exterior chimneys shall originate at the grade. Exterior chimneys shall be faced with stone or masonry. Chimneys that originate at the interior can be faced with hard coat stucco. Chimneys shall not be covered with siding. 12. A paved walkway from the front sidewalk to the front entry or front porch Page 18 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC on the principal structure shall be provided for houses set back less than 30 feet and encouraged for houses with larger setbacks. 13. One front porch shall be required for every five groupings of townhomes. Two porches shall be required for every four groupings of townhomes. One porch shall be required for every three groupings of townhomes. 14. Front porches may extend 10 feet into the setback. Porches must have a minimum depth of six feet. 15. Porches for quadruplex residences may be shared. 16. If shutters are used, they shall fit the size of the window. 17. Decks are allowed only to the rear of the principal structure. They shall be not extend beyond the width of the building. 12H(1).7. EXISTING HISTORIC STRUCTURES. This includes all structures identified in the 1996 Historic Resources Survey used for non-residential uses. A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. E. Where improvements and or alterations do not exceed 50% of the square feet of the structure, applicants shall be exempt from the review by the City of Milton Overlay District Design Review Board. Page 19 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC Page 20 of 20 Staff Recommendations in blue PC Recommendations in pink RZ08-05 Text Amendment – June 16, 2008 MCC ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21, 2006 ARTICLE XII-H(2) Birmingham Crossroads of the Northwest Fulton Overlay District 12H(2).1. PURPOSE AND INTENT. The Mayor and Council of the City of Milton, Georgia hereby declares the purpose and intent of this ordinance to be as follows: To implement the Birmingham Crossroads Plan, the Birmingham Design Guidelines and the 2015 North Fulton Comprehensive Plan “Maintaining the Rural Character in Northwest Fulton County. To implement village type pattern development at the Birmingham Crossroads by having buildings with a pedestrian scale, variation in building size, architectural detailing, variation in building massing, and street-orientation. To protect at least 10% of the Birmingham Crossroads as open space. To have a village green incorporated in the development of the Northeast and Southeast quadrants of the Crossroads that gives the continuous appearance on both sides of Birmingham Road. To promote a pedestrian oriented development by dividing the land in the Birmingham Crossroads into small walkable blocks with the construction of an internal road system. To balance the needs of pedestrians and automobiles by incorporating on-street parking, cross walks, pedestrian crossings, landscape strips, alternative paths and sidewalks along existing and internal roads. To contain development at the Birmingham Crossroads, within the physical boundaries of 27.1 acres, by placing septic systems at the perimeter of non residential development and then by having a buffer at the exterior of the septic systems. To encourage the preservation of historic resources and to encourage incorporation of historic resources identified in the 1996 North Fulton Historic Resources Survey into new developments. To encourage the preservation of the rural area by preserving the night sky. 12H(2).2. BIRMINGHAM CROSSROADS REGULATIONS. The Birmingham Crossroads is a section of the Northwest Fulton Overlay District. This article, XII-H(2), applies to all parcels included in the Birmingham Crossroads Plan of March 3, 2004, excluding single residential uses. MILTON ZONING ORDINANCE Page 1 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Deleted: A RESOLUTION TO ADD ARTICLE XII-H(2) TO THE ZONING RESOLUTION OF FULTON COUNTY, GEORGIA; TO DELINEATE THE BIRMINGHAM CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT IN UNINCORPORATED NORTH FULTON COUNTY; AND TO ESTABLISH STANDARDS FOR THE BIRMINGHAM CROSSROADS. ¶ ¶ BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF FULTON COUNTY, GEORGIA.¶ ¶ Deleted: Board of Commissioners of Fulton County Deleted: Resolution The Birmingham Crossroads is located at the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. The boundary of the Birmingham Crossroads section of the Northwest Fulton Overlay (i.e. this article XII-H(2)) shall include all parcels within the outlined area on the map below. The Birmingham Crossroads section of the Northwest Fulton Overlay is 27.1 acres and contains the historic mixed-use center of Birmingham and land surrounding it. If standards are not specified in this Article, then standards of the Northwest Fulton Overlay District (Article XII-H) shall apply. If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. Whenever provisions of this Article conflict with any other Article in the Zoning Resolution of Fulton County or any other Fulton County ordinances, regulations, or resolutions, these standards shall prevail. 12H(2).3. DESIGN REVIEW BOARD. The City of Milton Design Review Board (Article XII-H) as set forth in Section 12H.2 of the ordinance, shall review for approval all plans for development in Birmingham Crossroads for compliance with the standards herein and “the Birmingham Crossroads Guidelines” prior to the approval of a Land Disturbance Permit, Building Permit and Demolition Permits for both residential and non­ residential structures. MILTON ZONING ORDINANCE Page 2 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Deleted: Northwest Fulton Overlay District Comment [r1]: PC recommended to delete “for approval" Deleted: resolution Deleted: ¶ Deleted: and shall make recommendations to the Department of Community Development Deleted: or Primary Variance. (PC recommended approval to keep “and shall make recommendations to the Department of Community Development”) 12H(2).4. DEVELOPMENT STANDARDS. A. Streets Notwithstanding the provisions of the Fulton County Subdivision Regulations and requirements of the City of Milton Transportation Engineer, existing and new streets within the Birmingham Crossroads shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State’s standards may prevail. The Birmingham Plan calls for the existing roads – Birmingham Highway, Birmingham Road and Hickory Flat Road to promote village and pedestrian oriented development by balancing the needs of pedestrians and automobiles. 1. Existing Roads-The existing roads, Birmingham Highway, Birmingham Road, Hickory Flat Road, shall meet the following standards a. Minimum Landscape Strip: 6 feet b. Minimum Sidewalk width: 6 feet c. Building setback: 10 feet maximum in the Village center and 20 feet MILTON ZONING ORDINANCE Page 3 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC maximum in the Rural Section. d. On street parallel parking: 8 ft wide on county roads and bulb-out at the intersections when possible on County roads Internal Road Cross section 2. Internal Road System- Each quadrant shall have an internal road that will link two existing roads. Curb cuts from existing roads shall be minimal. Instead access to each quadrant shall be from an internal road. Internal roads shall meet the following standards: a. Travel lanes: 10 feet b. Minimum Landscape Strip: 6 feet c. Minimum Sidewalk width: 5 feet d. Building setback: 0 to 10 feet maximum in the Village center and 20 feet maximum in the Rural Section. e. On street parallel parking: 7 ft wide B. Landscaping 1. Specimen trees should be preserved to the extent possible. The landscaping shall reflect the rural context. It should be simple, informal, naturalistic in design and use native and naturalized vegetation. 2. Shade trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the City of Milton Tree Preservation MILTON ZONING ORDINANCE Page 4 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Ordinance and Administrative Guidelines. The Georgia Department of Transportation may have some limitation on the planting of street trees along Birmingham Hwy. 3. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist. 4. Street trees shall be trimmed up 7 feet to not impede pedestrians. 5. Street lights and pedestrian lights may be placed in the landscape strip. 6. Landscape islands in parking lots shall meet standards in section 4.23. of the Zoning Ordinance. 7. Street trees shall be a minimum of 4” caliper or as approved by the City of Milton Arborist. C. Sidewalks and Pedestrian Paths 1. Sidewalks or pedestrian paths are required along all public and private road frontages and may meander around existing trees subject to the approval of the Fulton County Arborist. 2. Pedestrian paths may be installed instead of sidewalks as approved by the Manager of Community Development Department. 3. Sidewalks widths shall be a specified in section 12H(2).4. Pedestrian paths shall be a minimum of 5 feet wide. They shall be made out of a hard surface material such as concrete, brick or pavers. Paths may be gravel or gravel dust as approved by the Community Development Manager. 4. Sidewalks for all new projects should connect with existing walks, where applicable. 5. Paths from the sidewalk to the buildings, between buildings, and to parking lots should be established with minimal interruption by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. MILTON ZONING ORDINANCE Page 5 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC 7. To the extent feasible, paths shall be designed to connect to existing or future paths and to developments adjacent to the Crossroads. 8. Sidewalks and pedestrian paths shall be indicated on the site plan submitted at the time of the application for a Land Disturbance Permit. D. Street Furniture 1. The Birmingham Crossroads shall have consistent streetscape furniture, including, but not limited to, benches, trash baskets, newspaper dispensers. 2. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. 3. The design of the streetscape furniture shall be timber form construction as suggested in the Design Guidelines and is subject to approval of the Manager based on a recommendation of the NW Fulton DRB. 4. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side yard setbacks. E. Streetscape Lighting 1. A single style and color of light fixtures and poles should be used throughout the Crossroads development. It shall be compatible with the streetscape furniture. 2. The design of the streetscape lighting should have a galvanized metal hood, with black pole, arm and brace as suggested in the Design Guidelines. Lighting fixtures are subject to approval of the Manager based on a recommendation of the NW Fulton DRB and per the approval of the City of Milton Community Services Department. 3. All lighting should be fitted with cut-fixtures to prevent light spillover. 4. Pedestrian lighting shall be a maximum of 15 feet high. They should be installed at 40 to 60 feet intervals along sidewalks with a maximum 2 foot candle power. 5. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. MILTON ZONING ORDINANCE Page 6 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC 6. All exterior lighting fixtures (luminaires) shall be either full cutoff or cutoff type. 7. Light trespass (spill light) at a residential or nature preserve property line shall not exceed 0.1 fc vertical at 3 feet above grade. Light trespass at other property lines shall not exceed 0.5 fc vertical at 3 feet above grade. 8. Light levels in all areas may not exceed the recommended limits or values established by the IESNA Handbook, 8th edition. 9. Externally illuminated signs must be illuminated from the top-shining downwards, not exceeding 15 fc. 10. Up lighting of flags, steeples, monuments and buildings must use narrow beam, shielded luminaries not to exceed 7 fc. 11. For drive-under canopies and pump islands, the average horizontal luminance on the pavement shall not exceed 7 fc under the canopy. The luminaire shall be recessed into the canopy ceiling so that the bottom of the luminaire does not extend below the ceiling. 12. Full cutoff luminaries only shall be used for all service and security lighting. 13. Sodium vapor luminaries (yellow light), promotional beacons, search lights, laser source lights, strobe lights or any similar light, out-of-season lighting (for example Christmas lights), series, lines or rows of lights, flashing, changeable message or reader boards and lighting used for causing sky glow to attract attention are prohibited. 14. Lighting allowed under state and federal law, outdoor luminaries existing and legally installed prior to the effective date of this amendment, emergency lighting by police, fire, ambulance and rescue, and light sources for holiday decorations (but not outdoor seasonal sales) are exempt from the provisions of this ordinance. F. Screening 1. To the extent possible, items shall be screened by placement to the rear of a building. MILTON ZONING ORDINANCE Page 7 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC 2. Dumpsters shall be screened from view from adjacent roads, sidewalks and paths. In addition, the dumpster shall be enclosed on three sides with a masonry wall. The wall should be faced with brick or natural stone and compatible with the adjacent architectural design, materials and colors. The enclosure shall be a foot higher than what is contained in the interior. To the extent possible, a common location for dumpsters should be used. 3. Loading and other service areas shall be located to the rear of buildings where least visible. Evergreen trees should be used to screen views of service areas. 4. Parking lots, bumpers, wheels and paving shall be screened with vegetation planted between 30-36 inches tall. Evergreen shrubs should be used for low-level screening of parking lots, sidewalks. Berms without landscaping are not an appropriate screening technique. 5. Rooftop and building mounted mechanical and electrical equipment shall be screened from view by a parapet wall or roof screen. If on the ground, equipment shall be screened with landscaping. G. Fencing 1. Allowed fencing types and materials are: split rail, stacked stone wall or brick columns with horizontal boards, picket (not off the shelf variety), vegetative hedges, 3-4 horizontal board horizontal rail, horse wire ( no climb 2” x 4”) and no climb wire (see examples and photos below). Posts shall be no more than 6” taller than fence. 2. Horse wire (no climb 2” x 4”) and chain link fence around retention areas must be clad in black vinyl. 3. Prohibited fencing materials are: unclad chain link, vinyl, PVC, aluminum picket, and metal. MILTON ZONING ORDINANCE Page 8 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Deleted: ¶ MILTON ZONING ORDINANCE Page 9 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC H. Parking Lots 1. Parking lots shall be located behind and to the side of a building. 2. The amount of parking required by the City of Milton Zoning Ordinance shall be reduced by 10%. 3. Parking lots shall be divided into small contained areas through the use of perimeter landscaping and canopy trees. Parking lot landscaping shall follow the standards of the Tree Ordinance. 4. Parking lots shall be surfaced with crushed gravel on appropriate base, asphalt, concrete, or exposed aggregate. Pervious materials such as gravel and grasscrete pavers (not bituminous paving) could be used and particularly in areas that have parking spaces in excess of the minimum amount required by the City of Milton. 5. Marked on-street parking shall be counted as part of the minimum number of required parking spaces. I. Open Space 1. A minimum of 10% of open space shall be set aside in each overall development. This shall not include septic fields, detention facilities or landscape islands. To the extent possible, the open space should be clustered as one single open space. 2. Within land designated as Retail Services in the 2015 Land Use Map in the Northeast and Southeast quadrants, land shall be set aside as a “Village Green”. The size of the Village Green in each quadrant shall be as set forth in the table below. 3. The Village Green shall be a simple lawn area canopy trees serviced by sidewalks. There could be hardscape features such as plazas, benches, lighting and other furniture to serve pedestrians. The park should be designed to be an attractive day and evening setting for either individual usage or special community events. MILTON ZONING ORDINANCE Page 10 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC J. Miscellaneous Provisions 1. Except as provided for in Article 19, the storage and/or sale of goods is prohibited in parking lots and other areas outside of the interior or permanently sheltered portions of a building. 2. LP tanks and ice machines are allowed outside provided they are screened from view. 3. Storage of shopping carts is allowed on the side of buildings without a permit. 4. Shopping carts shall be screened. 5. Hours of operations shall be from 6:30 a.m. to 11:00 p.m. 6. Free-standing fast food restaurants are prohibited. (Amended 10/06/04) 7. Except for one (1) lane for a drug store and two (2) lanes for a financial institution, drive-thrus are prohibited. Drive-thrus shall be screened from view from the public right-of-way subject to the approval of the Manager based on a recommendation by the Northwest Fulton Design Review Board and the City of Milton Arborist. (Added 10/06/04) 8. Drive-ins/ups are prohibited. (Added 10/06/04) 12H(2).5. BUILDING SETBACK AND DESIGN. All nonresidential standards apply to existing and new structures, used for nonresidential purposes, within the area defined as the Birmingham Crossroads. Buildings should be designed in conformance with traditional historic building placement and massing. Buildings may be executed using historic styles, or may be new and innovative interpretations of local architectural traditions. Details must be simple and concise, erring on the side of austerity. Avoid nostalgia and excess ornamentation, and strive for direct and bold expression. Building designs area categorized as “Village center” or “Rural section” depending on their location within the Birmingham Crossroads. Village center buildings are to be located along the existing roads and within 400 feet of the intersection of Birmingham Highway, Birmingham Road and Hickory Flat Road. Rural section buildings are to be located beyond 400 feet of this intersection. The location of both is indicated in the map below. Village center buildings shall be placed at the property frontage. The most MILTON ZONING ORDINANCE Page 11 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC prominent aspect design aspect is the street façade. Rural buildings are placed away from the core line forming a more casual transition to the “Countryside”. A. Building setback 1. Village center buildings shall be set back 10 feet maximum from existing roads and/or internal roads and drives. (Amended 11/03/04). 2. Rural section buildings shall be set back 20 feet maximum from the property line. 3. Village core buildings shall be located at least 75 feet from the overall development boundaries. B. Building Design 1. Buildings at the Village center shall have village/main street characteristics (as shown in drawings a & b below). Buildings in the rural section of the crossroads should have an informal rural design (as shown in drawings d & c). MILTON ZONING ORDINANCE Page 12 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC MILTON ZONING ORDINANCE Page 13 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC 2. Buildings shall have a variety in their size, massing, height (including two-story buildings) and detailing. Visual interest shall be achieved through the use of at least one of the following architectural element: balcony, porch, marquee, or façade off-sets. 3. Buildings shall be oriented to sidewalk and street. 4. Primary building entrances shall face the sidewalk and street. Secondary entrances may be located on side and rear elevations. 5. Building facades facing a right of way shall have buildings wall offsets, including projections and recesses, every 40 feet to provide architectural and visual interest and variety. 6. Trim, fenestration, materials and composition shall be present on all sides. The facades of buildings in the Village Core may be more pronounced by the incorporation of architectural elements than other elevations. 7. The building materials applied to the front façade shall continue in the same proportion on all exterior elevations. 8. Allowed exterior wall materials are: horizontal lap siding, board and batten, wood shingle, wood mould brick, and stone. Metal shingle, corrugated or 5-v metal are allowed for agricultural style buildings in the rural section. Avoid novelty shapes on shingles. Clapboard must be wood or cementitious. Board and batten must be wood or cementitious MILTON ZONING ORDINANCE Page 14 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC 9. Prohibited exterior materials are: synthetic stone, concrete stone veneer, stucco and exterior insulation finish material, vinyl and metal siding. Prohibited trim materials are: Howe casings, manufactured dentils, standard brick mould. 10. Allowed foundation materials are stacked stone, cut stone and brick. Rural foundation materials can be poured concrete finished with smooth stucco, brick, or stacked stone. Foundations may be formed out of poured concrete or concrete masonry units. 11. Porches shall have stone, brick or masonry piers. Concrete masonry units shall be finished in smooth stucco on masonry or concrete formed of horizontal wooden boards. 12. Windows: a. Windows that open to the interior shall be included on elevations facing a sidewalk or street. Windows in the front façade shall be predominantly vertical in orientation. b. Windows shall be present on side elevations. Village core buildings can have minimal windows on the sides and rear of the building. c. For Village Core Buildings windows or glass storefronts are required on elevations facing a street. Storefront windows (large windows located on the façade with the main entrance) shall comprise a maximum of 50% of the façade width. d. The size of any individual plate glass panel for store front windows is limited to 32 square feet. Panels may be grouped together with heavy mulls separating the panels. Glass storefronts must be a minimum 9’0” in height. e. Storefronts on the street frontage may be built with entryways recessed from the sidewalk, but not exceeding 50% of the façade width. f. Facades with a storefront shall have a contrasting masonry base 1-6” to 2’ feet in height. MILTON ZONING ORDINANCE Page 15 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC g. Windows not located on the façade must be true divided lite (real muntins, or TDL), simulated divided lite (glass sandwiched between glass, or single divided lights-SDL). They may be wood, clad wood, or polymer and must be paint grade. Industrial metal sash is acceptable (not to be used on residential doublehung type windows). h. Tinted and reflective glass, GBGs (grill between glass), reflective glazing, and pop in grilles are prohibited. 13. Shutters may be solid core polymers, or durable hardwoods. Vinyl, nailon, false wood graining and pre-finished shutters are prohibited. 14. Village Core doors can be wood or a combination of wood and glass. 15. Rural section doors shall be wood. 16. Garage doors must be utilitarian in character and may be wood or metal 17. Plastic laminated, standard 6 panels stamped metal, and leaded/beveled glass lights are prohibited. Standard garage paneled doors are prohibited. Avoid faux strap hinges, and embellishments. 18. Chimneys stacks must be faced in masonry material. Sheet goods including hardboard stucco and siding are prohibited on chimneys. Metal stacks are acceptable. 19. Porches are encouraged throughout the Birmingham Crossroads. Village Core buildings are encouraged to have a 1 or 2 story porch on the street frontages or a marquee on the first story. Rural buildings are encouraged to have front porches that span at least 75% of the façade. 20. Porch columns must be wood, resin material, cast iron, brick, stone or masonry. Allowed columns types are Greek Doric, fluted or plain. Full 2 story and sheet metal columns are prohibited. 21. Railing systems shall be painted wood or metal. Railings must be simple, MILTON ZONING ORDINANCE Page 16 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC round, plain or tapered. 22. Synthetic and pre-fabricated railing systems, classical balusters and spindle-work, synthetic composition decking material are prohibited. 23. There shall be no pitch requirement for a roof. Village core buildings must have low pitched roofs or must have flat roofs surrounded by parapet walls that screen mechanical units. Rural buildings must be pitched. 24. Allows roofing materials are: wood shingles, wood shakes, standing seam metal, corrugated metal, 5-V paint grip galvanized metal or slate. Flat roofs may be membranes if not visible from the right-of-way. Prefinished metal roofs are prohibited. 25. Vents and stacks shall be painted and hidden from view to the greatest extent possible. C. Colors All buildings shall meet these color standards. Earth tone and off-white colors are encouraged. All exterior building materials, architectural and decorative elements and sign structure colors must be selected from the list provided. Brick should be wood mould in the brown to Georgia red clay range. Mortar colors range from river sand to native clay. Non-historic brick textures and colors such as pink brick, salt and pepper effects are prohibited. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Permitted Colors Base Colors - Primary Building material Pantone Colors Accent Colors - allowed for decorative elements, roof, accents, and sign structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 466 C&U 4645U 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U MILTON ZONING ORDINANCE Page 17 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Permitted Colors Base Colors - Primary Building material Pantone Colors Accent Colors - allowed for decorative elements, roof, accents, and sign structure Pantone Colors 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 12H(2).6. EXISTING HISTORIC STRUCTURES (as identified in the 1996 Historic Resources Survey). A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. MILTON ZONING ORDINANCE Page 18 of 18 Staff recommendations in blue PC recommendations in pink Text Amendment – RZ08-06 – June 16, 2008 MCC Deleted: ¶ ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL ON DECEMBER 21, 2006 AMENDED NOVEMBER 15, 2007 ARTICLE XII SECTION 12A OVERLAY DISTRICT AUTHORITY 12A.1.1. DECLARATION OF PURPOSE, SCOPE, INTENT AND PUBLIC POLICY. The City of Milton Mayor and City Council finds that as a matter of public policy that the aesthetic, economic and functional qualities are worthy of enhancement and preservation and are essential to the promotion of the health, prosperity, safety and general welfare of the existing and future residents of the City of Milton. Therefore, the Mayor and City Council shall appoint a design review board. The purpose of said design review board and overlay district regulations shall be: 1. To foster civic pride. 2. To promote attention to accepted design principles in areas of new development and redevelopment. 3. To raise the level of community understanding and expectation for quality in the built environment. 4. To ensure that development is consistent with the Comprehensive Plan and Overlays. 5. To provide for the designation, protection, rehabilitation and redevelopment of properties within overlay districts and to participate in federal and state programs designed to do the same. 6. To protect and enhance local aesthetic and functional qualities and to stimulate business. 7. To enhance the opportunities for federal, state and local tax benefits under relevant federal, state and local laws. The City of Milton Mayor and City Council further finds that the timely exercise of judgment in the public interest by a public body of proposed new development or MILTON ZONING ORDINANCE 12A-1 RZ08-07 – Text Amendment 06/16/08 redevelopment is desirable. Accordingly, the public policy objectives of this Ordinance are to guide certain aspects of development, such as: 1. The spatial relationships of structures and open spaces to each other, and 2. The appearance of buildings and open spaces as they contribute to the attractiveness, function, economy and character of an area. Planning area design standards are intended to be uniformly applied to evaluate the appropriateness of proposed changes to an overlay district in order to: 1. Protect and enhance the visual qualities and character of the district, 2. Provide guidance to design professionals, property and business owners undertaking construction in the district, 3. Recommend appropriate design approaches, and 4. Provide an objective basis for review, assuring consistency and fairness. 12A.2.1. DEFINITIONS. Words not defined herein shall be construed to have the meaning given in Article III of The City of Milton Zoning Ordinance, or, by Webster's Ninth New Collegiate Dictionary. The words "shall" and "must" are mandatory, and the words "may" and "should" are permissive. As used in this Ordinance, the following terms shall be defined as follows: Appearance: The outward aspect that is visible to the public. Appropriate: Fitting to the context of a site, neighborhood or community. Architectural Concept: The basic aesthetic idea of a structure, or group of structures, including the site, signs, buildings and landscape development that produces the architectural character. Architectural Feature: A significant element of a structure or site. Attractive. Having qualities that arouse satisfaction and pleasure in numerous, but not necessarily all, observers. Building. A building is a structure created to shelter any form of human activity, MILTON ZONING ORDINANCE 12A-2 RZ08-07 – Text Amendment 06/16/08 including but not limited to, a house, store, barn, church, hotel. Certificate of Endorsement (COE). A document evidencing support of a material change in the appearance of a property located within an overlay district by the person or board designated within an overlay district. Cohesiveness. Unity of composition among elements of a structure or among structures, and their landscape development. Compatibility. Harmony in appearance of architectural features in the same vicinity. Design Review Board (DRB). A panel which, when appointed by the City of Milton Mayor and City Council, consists of seven (7) members appointed to consider applications within a specific overlay district. Designation or Designated. A decision by the City of Milton Mayor and City Council, wherein a property or district is declared an overlay district. External Design Feature. The general arrangement of any portion of structures or landscaping, including the type, and texture of the materials, the type of roof, windows, doors, lights, signs, and fixtures of portions which are open to the public view. Exterior Architectural Features. The architectural style, general design and general arrangement of the exterior of a structure and site, including but not limited to the kind or texture of the building material and the type and style of all windows, doors, signs, facade, landscaping and other architectural fixtures, features, details, or elements relative thereto. Geographic Area. Land area subject to overlay district regulations. Harmony. A quality that represents an attractive arrangement of parts, as in an arrangement of various architectural elements. Landscape. Plant materials, topography and other physical elements combined in relation to one another and to structures including pavement. Logic of Design. Widely accepted principles and criteria in the solution of design problems. Material Change in Appearance. A change in a structure or a parking lot within an overlay district that exceeds ordinary maintenance or repair (defined below), and MILTON ZONING ORDINANCE 12A-3 RZ08-07 – Text Amendment 06/16/08 requires either a sign permit, building permit or land disturbance permit such as, but not limited to: 1. The erection, alteration, restoration, addition or removal of any structure (including signs) or parking lot; 2. Relocation of a sign or building; 3. Commencement of excavation; or 4. A change in the location of advertising visible from the public right-of-way. Ordinary Maintenance or Repair. EXEMPT from inclusion in "Material Change in Appearance" defined above. Ordinary maintenance or repair of any exterior of any structure, parking lot or sign in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in outer design, material, or appearance thereof. Painting, reroofing, resurfacing, replacement of a broken sign face and other similar types of ordinary maintenance shall be deemed ordinary maintenance and repair. Overlay District. A geographically definable area, possessing a significant concentration or linkage of sites, buildings, structures, objects or landscapes, including the adjacent area necessary for the proper treatment thereof, united by plan and/or physical development. An overlay district shall further mean an area designated by the City of Milton Mayor and City Council as such. Overlay Property. An individual site, structure, object or landscape, including the adjacent area necessary for the proper continuity thereof, contained within an overlay district. Proportion. Balanced relationship of parts of a building, signs and other structures, and landscape to each other and to the whole. Scale. Proportional relationships of the size of parts to one another and to humans. Street Hardware. Objects other than buildings that are part of the streetscape. Examples are: street light fixtures, utility poles, traffic lights and their fixtures, benches, litter containers, planting containers, fire hydrants, etc. Streetscape. The appearance and organization along a street of buildings, paving, plantings, street hardware and miscellaneous structures. MILTON ZONING ORDINANCE 12A-4 RZ08-07 – Text Amendment 06/16/08 12A.3. CERTIFICATES OF ENDORSEMENT. 12A.3.1. APPROVAL OF ALTERATIONS OR NEW CONSTRUCTION. Applicants for a City of Milton land disturbance permit, demolition permit or building permit shall obtain a Certificate of Endorsement (COE) for applicable properties. 12A.3.2. GUIDELINES AND CRITERIA FOR CERTIFICATES OF ENDORSEMENT. Issuance of Certificates of Endorsement (COE) shall be based on the criteria of the Zoning Ordinance of the City of Milton along with other criteria adopted by the City of Milton Mayor and City Council. 12A.3.3. SUBMISSION OF PLANS. An application for a COE shall be accompanied by such drawings, photographs, material samples or plans as may be required pursuant to the overlay district provisions. 12A.3.4. INTERIOR ALTERATIONS. Review of applications for endorsement shall not consider interiors or exterior features which are not visible from a public street. 12A.3.5. ISSUANCE OF A CERTIFICATE OF ENDORSEMENT. A. A COE may be issued when the proposed material change(s) in the appearance or arrangement of the elements of the project is consistent with the overlay district provisions. B. A copy of each final COE shall be maintained in the Community Development Department. 12A.3.6. EXCEPTIONS. When, by reason of unusual circumstances, the strict application of any provision of this Article would result in the exceptional practical difficulty or undue hardship due to the circumstances unique to the particular property in question, the Board of Zoning Appeals, in passing upon applications, shall consider and issue exceptions to said provisions so as to relieve such difficulty or hardship provided such exceptions shall remain in harmony with the general purpose and intent of said provisions, so that the integrity or character of the property, shall be conserved and substantial justice done. A hardship shall not qualify as an undue hardship if it is of a person’s own making. In granting such exceptions, the Board of Zoning Appeals may impose such reasonable and additional stipulations and conditions as will, in its judgment, best fulfill the purpose of this Article. MILTON ZONING ORDINANCE 12A-5 RZ08-07 – Text Amendment 06/16/08 12A.3.7. APPEALS. Appeals are to the Board of Zoning Appeals. Any appeal of a decision of the Board of Zoning Appeals is to Fulton County Superior Court in accordance with Article XX. 12A.3.8. DEADLINE FOR CONSIDERATION OF APPLICATION FOR COE. The DRB shall consider a completed application for a COE within 90 days after the filing thereof by the owner or occupant of an overlay district property. If the application has not been acted upon within 90 days, and the application shall be considered to be approved as submitted. 12A.3.9. RELATIONSHIP OF THIS ARTICLE TO OTHER ZONING PROVISIONS. The adoption of a Ordinance designating an overlay district, is an amendment to the existing Zoning Ordinance. Designation of a zoning overlay district and shall be shown as such on the Official Zoning Maps of the City of Milton, Georgia. 12A.4. MAINTENANCE OF PROPERTIES, BUILDING CODE AND ZONING PROVISIONS 12A.4.1. ORDINARY MAINTENANCE OR REPAIR. Ordinary maintenance or repair of any exterior feature visible from a public street in or on an overlay district property to correct deterioration, decay or damage, or to sustain the existing form, and that does not involve a material change in design, material, or outer appearance thereof, does not require a building, sign, or land disturbance permit. 12A.4.2. FAILURE TO PROVIDE ORDINARY MAINTENANCE OR REPAIR. The owner or owners, or the owner's agent, of each designated overlay district property or site, shall keep in good repair all of the exterior portions of such property and site and all interior portions thereof which, if not maintained, may cause or tend to cause the exterior portion of such property or site to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair. The Director of Community Development shall be responsible for the enforcement of the ordinary maintenance or repair provisions contained within this section. 12A.4.3. AFFIRMATION OF EXISTING BUILDING CODES AND ZONING. Nothing in this Ordinance shall be construed to exempt property and business owners from complying with other existing City regulations whenever this Article does not apply. This Ordinance is an amendment to the Zoning Ordinance and all other provisions of the Zoning Ordinance shall remain in effect unless provisions in the overlay district conflict with other provisions of the Zoning Ordinance, in which case, the stricter provisions of the overlay district shall apply. MILTON ZONING ORDINANCE 12A-6 RZ08-07 – Text Amendment 06/16/08 12A.5. INTERPRETATION, VIOLATIONS, ENFORCEMENT AND PENALTY PROVISIONS 12A.5.1. VIOLATIONS. This Article shall be governed by Article XXIX, Section 29.1 of this Ordinance. 12A.5.2. ENFORCEMENT. This Article shall be governed by Section 26.3 of this Ordinance. 12A.5.3. PENALTY. Violation of this Ordinance shall be punished as provided for by Section § 21-1-8 of the Fulton County Code. 12A.5.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12A.5.5. CONFLICTS. If the provisions of this Article conflict with this Ordinance, or other ordinances, Ordinances or regulations, the provisions of this Article shall govern or prevail to the extent of the conflict. 12A.5.6. INTERPRETATION. This Article shall be governed by Section 26.1 of this Ordinance. MILTON ZONING ORDINANCE 12A-7 RZ08-07 – Text Amendment 06/16/08 PETITION NUMBER(S): ZM08-03 Canine Assistants PROPERTY INFORMATION ADDRESS 3160 Francis Road DISTRICT, LAND LOT 2/2, 610 611 OVERLAY DISTRICT NW Overlay EXISTING ZONING AG-1 Agricultural EXISTING USE Canine Assistants – U07-007/VC07-012 PROPOSED USE Canine Assistants PETITIONER Jennifer Arnold ADDRESS 3160 Francis Road Milton, GA 30004 PHONE 770-664-7178 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of U07-007, to modify the site plan. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-03 - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 1 of 13 ZM08-02 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 2 of 13 ZM08-02 REVISED SITE PLAN SUBMITTED 05/05/08 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 3 of 13 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 4 of 13 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 5 of 13 ZM08-02 SITE PLAN SUBMITTED 1/17/08 6/6/2008 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 Page 6 of 13 Condition to by modified: 1) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Milton Community Development Department on January 17, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The subject site is located on the north side of Francis Road and is zoned AG-1 (Agricultural) with an approved Use Permit for Agricultural Related Activities approved by the Mayor and City Council on January 24, 2008. The applicant conducted Level 3 soil testing for the new septic system of the approved new building near the west property line. There appears to be water at 17 feet below the surface. Based on the results of that study, the proposed new building’s location needs to be modified by moving it approximately 85 feet at the building’s southern most point toward Francis Road (south). The proposed location remains outside of the 100-foot building setback as required by the Use Permit. In addition, the shape of the building has changed from “boxy” to “rectangular” in shape. The proposed total square footage remains the same as approved by the Mayor and City Council for U07-007. The applicant has heard from one adjacent property owner and he is concerned with the change in the shape of the building and the future appearance of it. Staff notes that the building permit will be reviewed by the Design Review Board prior to the issuance of the building permit. The location of the parking has shifted to the west away from the adjacent single family residences and closer to the existing buildings utilized on the site. It is Staff’s opinion that this is a more optimal placement of the parking. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 7 of 13 ZM08-02 Tree Locations CITY ARBORIST COMMENTS Small rectangular site has 2 specimen pine trees…29” and 26”. The initial site plan would have definitely removed the two trees. The new plan will have one removed and the other approximately 20-25ft from the footprint of the proposed building. Recompense is required for the 26”. An attempt to preserve the 29” must be made by shifting the building if possible and having a tree management company provide any work recommended prior to construction. Regarding the adjacent properties to the west, Lot# 1 was densely vegetated from about the center of lot to the rear prior to having almost all vegetation cleared from that area. Lot #2 still has dense vegetation and has done selective removals. Lot #3 has done some minor removals. The 75’ buffer adjacent to these properties has about 25’ of existing plant material with little room for additional plantings within this 25ft. The remaining 50 feet has been cleared and graveled to use for parking. Most of this area is void of vegetation. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 8 of 13 ZM08-02 LOCATION OF TREES BASED ON NEW LOCATION Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 9 of 13 ZM08-02 Tree #1 Tree #2 6/6/2008 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 Page 10 of 13 Due to building location change, the applicant is seeking to revise the site plan approved pursuant to U07-007/VC07-013 and is therefore requesting a modification of zoning condition 2.a. The proposed revision of the site plan will not result in an increase in density for the overall development. Staff is of the opinion that the applicant’s request is in harmony with the development approved by the Mayor and City Council, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification of zoning condition 2.a. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 11 of 13 ZM08-02 CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (U07-007/VC07-013) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on May 5, 2008. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, City of Milton Subdivision Regulations and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 12 of 13 ZM08-02 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 13 of 13 ZM08-02 PETITION NUMBER(S): ZM08-04 Stonewalk at Windward PROPERTY INFORMATION ADDRESS 5304 Windward Parkway DISTRICT, LAND LOT 2/2, 1120 OVERLAY DISTRICT State Route 9 EXISTING ZONING C-1 Community Business (96Z-127 NFC) EXISTING USE Restaurant to be demolished PROPOSED USE Restaurant and retail shopping PETITIONER Real Development LCC, Robert Forrest ADDRESS 2440 Old Milton Parkway Suite 200 Alpharetta, GA 30004 PHONE 404-514-8575 APPLICANT’S REQUEST: 1) To modify Condition 2.a. of (96Z-127 NFC), to modify the site plan. COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION ZM08-04 - APPROVAL CONDITIONAL Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 1 of 7 ZM08-04 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 2 of 7 ZM08-04 REVISED SITE PLAN RECEIVED ON 05/08/08 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 3 of 7 ZM08-04 SITE PLAN APPROVED 11/5/06 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 4 of 7 ZM08-04 Condition to by modified: 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Department of Environment and Community Development November 5, 1996. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. Analysis and Recommendation The subject site is located at 5304 Windward Parkway (north side of Windward Parkway). The site is zoned C-1 (Community Business) and is approved for the development of 262,500 square feet of retail, service commercial, office and accessory uses at a density of 11,625 square feet per acre, pursuant to 96Z-127 NFC. The applicant’s submitted site plan shows a total of 61, 375 square feet. The total amount of developed area and the proposed development does not exceed the approved total square footage and density approved pursuant to 96Z-126 NFC. The proposed building is one story in height although the approved zoning allows two stories. The applicant was given permission at the May 6, 2008 City of Milton Design Review Board to demolish the existing building that was previously used as a restaurant. Staff notes that although the property is located within the City of Milton, Windward Parkway and its right-of-way belong to the City of Alpharetta. The proposed site plan does not propose any additional curb cuts but utilizes the existing curb cuts of the development. The subject site utilizes an off-site Stormwater detention facility. The site plan is not compliant with the required 10-foot landscape island for every 6th space and at the end of each parking bay. The Zoning ordinance requires a total of 50 parking spaces for the restaurant (5,000 square feet) and 60 parking spaces for the retail (12,097 square feet) for a total of 110 spaces. The site plan indicates a total of 113 parking spaces. When the land disturbance permit is reviewed, the applicant must be compliant with the landscaping island requirements as cited above. The Community Development Director has the ability to reduce the total number of parking spaces by 10 percent or 11 spaces if the applicant requests this reduction so that the required landscaping can be met. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 5 of 7 ZM08-04 City Arborist The subject site does not have any specimen trees on the site. The applicant intends to preserve landscape island trees and trees within the front landscape strip to the extent possible. The State Route 9 Overlay district requires a 20-foot landscape strip along Windward Parkway but the plan indicates a 30-foot landscape strip. Due to the change in the building configuration and height that have been made in regard to the overall development, the applicant is seeking to revise the site plan approved pursuant to 96Z-127 NFC and is therefore requesting a modification of zoning condition 2.a. The proposed revision of the site plan will not result in an increase in density for the overall development. Staff is of the opinion that the applicant’s request is in harmony if compliant with existing regulations with the development approved by the Board of Commissioners pursuant to 96Z-127 NFC, as well as with the general purpose and intent of the Zoning Ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of the proposed modification of zoning condition 2.a. CONCLUSION: Should the Mayor and City of Council approve this petition, the Recommended Conditions (ZM08-04) should be revised to read as follows: 2. To the owner’s agreement to abide by the following: a. To the site plan received by the Community Development Department on May 8, 2008. 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. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZM08-04) Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 6 of 7 ZM08-04 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2008 6/6/2008 Page 7 of 7 ZM08-04 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-05-37, A RESOLUTION APPOINTING A CITIZEN’S PARTICIPATION GROUP FOR POTENTIAL REVISION TO THE MILTON TREE ORDINANCE AND ADMINISTRATIVE GUIDELINES BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the ____ day of June, 2008 at 6:00 p.m. as follows: SECTION 1. That (To Be Determined) (District 1), is hereby appointed for a term commencing June ___, 2008 and ending on December 31, 2009; and SECTION 2. That (To Be Determined) (District 4) is hereby appointed for a term commending June ____, 2008 and ending on December 31, 2011; and SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this ___day of June, 2008. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk