HomeMy WebLinkAboutORDINANCE NO. 08-06-14STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE 08-06-14
AN ORDINANCE TO AMEND ARTICLE 28, REZONING AND OTHER AMENDMENT
PROCEDURES OF THE CITY OF MILTON ZONING ORDINANCE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 16, 2008 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending Article 28 (RZ08-02), in regards to
public participation, required notification, deleting vesting of zonings and use permits and
global changes to references to Fulton County of the City of Milton Zoning Ordinance, is
hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 16th day of June, 2008
Attest:
ea tte Marchiafava, ity Clerk
ADOPTED BY THE CITY OF MILTON MAYOR & CITY COUNCIL
ON DECEMBER 21, 2006
AMMENDED
ON JUNE 16, 2008
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.
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.
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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
the required number of copies of each as prescribed by the Director:
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(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;
(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
28.3. PUBLIC HEARING AND NOTICE REQUIREMENTS.
IWW 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.
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. Renotifcation is required when a petition is
deferred by the Mayor and City Council.
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
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(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.
When the Planning Commission recommends deferral or the Mayor and City
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
Commission recommends deferral for less than 20 days, posting an updated sign
is required by the applicant.
The Department shall give notice by regular mail to all property owners/or current
residents within 500 feet of the boundaries of the subject property with a
minimum of 75 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. Notice shall not be considered inadequate if the mail is not
delivered.
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Citi► of Milton
Rezoning/Use Permit Flow Chart
Public Nearing and Notice
Requirements
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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
of the land use plan;
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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:
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
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;
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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:
I. Conformance to the Comprehensive Plan including each of the policies
regarding environmental justice;
2. Impacts on noise levels of the surrounding area;
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;
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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.
MOM" As determined by the Director or his/her designee, Environmental Impact Reports
may also be required with applications for land disturbance permits, building
how permits, temporary or permanent certificates of occupancy, or any other permits
issued by the Department of Environment and Community Development.
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)
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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
or within 3,000 feet of an active rail line. 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
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
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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
application. Participation Plan Reports are required to be submitted no less than
seven (7) business days before the scheduled Planning Commission hearing and
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:
A. Public Participation Plan. Every application for a rezoning or use permit
1kW 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 with a
minimum of 75 owners who appear on the tax records of Fulton
County 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
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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.
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;
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(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;
(9) Existing buildings with square footages and heights (stories), wells,
driveways, fences, cell towers, and any other structures or improvements
on the subject property;
■ w (10) Existing buildings with square footages and heights (stories), wells,
driveways, fences, cell towers, and any other structures or improvements
1100 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 underground electrical and pipeline
transmission/conveyance lines;
(15) Required and/or proposed setbacks;
(16) 100 year flood plain horizontal limits and flood zone designations as
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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;
(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
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.
28.6. ZONING MAPS. The official Zoning Map and Geographical Information
System will be amended to reflect the land use petition approvals.
28.7. APPLICABLE REGULATIONS. Zoning regulations that applied at the time
of acceptance of an application for a Land Disturbance Permit shall prevail.
28.8. 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.
28.9. PROCEDURES FOR MODIFICATION OF ZONING CONDITIONS. See
Article XXII.
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