HomeMy WebLinkAbout11-15-10 PacketPage 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.
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, November 15, 2010 Regular Council Meeting Agenda 6:00 PM
INVOCATION – Chairman & Imam Tareef Saeb, Hamzah Islamic Center
CALL TO ORDER
1) ROLL CALL
2) PLEDGE OF ALLEGIANCE (Led by the Mayor)
3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda)
(Agenda Item No. 10-1283)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the October 18, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1284)
(Sudie Gordon, City Clerk)
2. Approval of the November 1, 2010 Regular Council Meeting Minutes.
(Agenda Item No. 10-1285)
(Sudie Gordon, City Clerk)
6) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing Hunt Tosh, Winner of Chronicle of the Horse/USHJA
International Hunter Derby.
(Presented by Councilmember Karen Thurman)
2. A Proclamation Recognizing Geographic Information Systems (GIS) Day.
(Presented by Mayor Joe Lockwood)
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 15, 2010
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.
7) FIRST PRESENTATION AND PUBLIC HEARING
1. Presentation of the City of Milton’s Draft 2030 Comprehensive Plan: The
Community Agenda.
(Agenda Item No. 10-1286)
(Previously Introduced at November 1, 2010 Special Called Work Session)
(Presented by Michele McIntosh-Ross, City Planner)
FIRST PRESENTATION
1. Approval of a Text Amendment to Chapter 54, Telecommunications of the City of
Milton Code of Ordinances, Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1).
(Agenda Item No. 10-1287)
(Presented by Lynn Tully, Community Development Director)
2. Approval of a Text Amendment to Replace in its entirety Appendix A, Fees and
Other Charges of the City of Milton Code of Ordinances.
(Agenda Item No. 10-1288)
(Presented by Lynn Tully, Community Development Director)
8) ZONING AGENDA
1. RZ10-05/U10-01/VC10-03 – Deerfield Parkway (West Side) by Alpharetta Land
Partners to rezone from C-1 (Community Business) and O-I (Office-Institutional) to
C-1 (Community Business) with a Use Permit to construct a Special School for a
transitions vocational school for adult students at least eighteen years of age with
autism and an assisted living facility for autistic adults with 72 studios. The
applicant is also requesting a concurrent variance to:
1) Allow the exterior wall materials of all non-residential buildings and townhouse,
duplex and multifamily buildings to consist of a minimum of 65 percent in lieu of
75 percent (per vertical wall plane) of the following: brick or natural stone
[Section 64-1095(p)] for the assisted living facility;
2) Allow accent building materials for all non-residential buildings and also
townhouse, duplex and multifamily units to be limited to a maximum of 35
percent in lieu of 25 percent brick, tile, non-reflective glass, natural stone and
weathered, polished or fluted face, with fluted, split-face, broken face finish,
Portland cement plaster and lath systems, architectural (either precast or tilt-up)
concrete (fluted or with exposed finish) or Hardi-Plank [Section 64-1095(q)] for
the assisted living facility;
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 15, 2010
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.
3) Allow the following exterior siding colors as produced by Cabot Solid
stains to be permitted: Napa Vine, Newport Blue, Brickstone, Colonial
Yellow, [Section 64-1095(t)] for the assisted living facility.
(Agenda Item No. 10-1279)
(First Presentation on November 1, 2010)
(Lynn Tully, Community Development Director)
2. U10-02/VC10-04 – 13120 Arnold Mill Road by Frank Schaffer, The Landscape
Group, Inc. for Use Permit for a Landscaping Business (Section 64-1820) and a 4-
part concurrent variance in the existing buildings:
1) Beginning at a point on the west property line at the northwestern property
corner; to reduce a portion of the 50-foot buffer and 10-foot improvement setback
to 0 feet beginning at a point on the west property line at the northwestern
property corner for a total distance of 126 feet to a point on the west property line
located 126 feet south of the northwestern property corner (Section 64-1141.3.a);
2) Beginning at a point on the east property line located 40 feet south of the
northeastern property corner; to reduce a portion of the 50-foot buffer and 10-foot
improvement setback be reduced to a 30-foot undisturbed buffer with a 10-foot
improvement setback for a total distance of 98 feet to a point on the east property
line located 138 feet south of the northeastern property corner (Section 64-
1141.3.a);
3) To reduce the 50-foot building setback to a 44.09-foot setback for the warehouse
along the east property line [Section 64-1820(b)3];
4) To reduce the 50-foot building setback to a 47.58-foot setback for the warehouse
and a 28.25-foot setback for the steps to the office deck along the west property
line [Section 64-1820(b)3].
(Agenda Item No. 10-1280)
(First Presentation on November 1, 2010)
(Lynn Tully, Community Development Director)
3. Public Hearing for Possible Rescission and Reconsideration of Previous Council
Denial of Zoning Case RZ10-01 pursuant to Order of Remand.
(Agenda Item No. 10-1269)
(Deferred at October 18, 2010 Council Meeting – Public Comment was Heard)
(Lynn Tully, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA NOVEMBER 15, 2010
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.
9) UNFINISHED BUSINESS
1. Approval of an Ordinance Establishing Solid Waste Collection Services within the
City of Milton; Providing for the Scope and Nature of the Operation; Providing for
The Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by
Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing
Procedures for the Handling of Complaints; Providing for an Infrastructure
Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and
Amendment; Prohibiting Assignment and Subletting without Consent; Providing for
Forfeiture; and for Making Other Provisions.
(Agenda Item No. 10-1278)
(First Presentation on November 1, 2010 Council Meeting)
(Matt Marietta, Fire Marshal)
10) NEW BUSINESS (None)
11) MAYOR AND COUNCIL REPORTS
12) STAFF REPORTS
13) EXECUTIVE SESSION (If needed)
14) ADJOURNMENT
(Agenda Item No. 10-1289)
The minutes will be
Provided
electronically
Honoring Hunt Tosh and his Chronicle of the Horse/USHJA International Hunter
Derby win
WHEREAS, Milton resident Hunt Tosh is a longtime rider, trainer and caregiver of championship
horses and their riders, and;
WHEREAS, Earlier this year Tosh won the prestigious Chronicle of the Horse/USHJA International
hunter Derby in Lexington, Ky., and;
WHEREAS, In doing so, added the title to his growing list, including being the 2009 World Champion
in the Hunter Rider Professional Finals, and;
WHEREAS, Tosh, who lives in Milton with his wife and daughter, has made his hometown famous
for the level of expertise he possesses in the equestrian field, and;
WHEREAS, Tosh travels around the United States often, spreading the knowledge of both his
proficiency and the City of Milton.
NOW, THEREFORE, we, the Mayor and City Council of the City of Milton, hereby dedicate Monday,
November 15, 2010 as HUNT TOSH DAY in the City of Milton, Georgia.
Given under our hand and seal of the City of Milton, Georgia on this 15th Day of November, 2010.
(Seal)
_______________________
Joe Lockwood
Mayor
Geographic Information Systems (GIS) Day
WHEREAS, Employees of the City of Milton, Georgia, recognize that an understanding
of geospatial concepts is crucial to the wise use of natural resources,
continued economic prosperity, and general health of the citizens of Milton;
and
WHEREAS, Related technologies have an important role in the future growth and
security of the city, including the use, management, and exchange of data
from Geographic Information Systems (GIS); and
WHEREAS, Computerized geographic information systems technology provides an
efficient and effective means for managing geographic information; and
WHEREAS, There is a need to promote GIS awareness, education, and technical training
among various groups to most appropriately and wisely use this rapidly
emerging technology; and
WHEREAS, There is a need to coordinate these efforts to eliminate duplication, reduce
costs, develop standards, and to facilitate the sharing and interchange of
GIS data, methods, and knowledge; and
WHEREAS, In recognizing the importance of geography awareness to the community, the
City of Milton, Georgia, is committed to expanding geographic information
systems to the general public in order to implement practical, real-world
applications with GIS,
Now, therefore, I, Joe Lockwood as Mayor of the City of Milton, proclaim November 17,
2010 as Geographic Information Systems (GIS) Day in the City of Milton.
Given under our hand and seal of the City of Milton, Georgia on this 15th day of
November, 2010.
(Seal)
_________________________________
Joe Lockwood, Mayor
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Michele McIntosh-Ross, Community Development Planner
Date: November 3, 2010 for Submission onto the November 15, 2010 City Council
Meeting
Agenda Item:
Public Hearing for the City of Milton 2030 Comprehensive Plan: The Community
Agenda.
COM (City Manager’s Office) Recommendation:
To allow the public to hear and comment on the 2030 Comprehensive Plan: the Community
Agenda
Background:
The state of George requires all municipalities to have a local Comprehensive Plan that describes
the vision for its future and states the policy for the realistic growth and development that may
occur over a 20 year period. Prior to the City of Milton’s incorporation in 2006, that area was
under the direction of Fulton County’s Comprehensive Plan: Focus Fulton 2025 Plan. Upon
incorporation in 2006 the City adopted this plan as an interim comprehensive plan.
The preparation of the City’s first Comprehensive Plan was initiated in 2007. The new Georgia
Standards and Procedures for Local Comprehensive Planning regulation require three basic
sections of the Comprehensive Plan:
1. Community Assessment;
2. Community Participation Plan; and
3. Community Agenda
Both the Community Participation Program (CPP) and the Community Assessment portions of
the Plan are completed. In a letter dated May 28, 2008, ARC and DCA agreed that the
Community Assessment and the Community Participation Program were developed in
accordance with the state regulations and authorized the City of Milton to proceed with the final
phase of the plan which is the Community Agenda.
There was also the opportunity to prepare a Partial Plan Update which served as a bridge
between the Fulton County’s Focus Fulton 2025 Plan that was created under the previous state
planning regulations and those to be prepared by the City of Milton under the current
regulations. The Partial Update would function as Milton’s Comprehensive Plan in the interim
before the completion of the Community Agenda.
On December 15, 2008, the City of Milton approved a resolution to transmit the Partial Plan
Update to ARC and DCA; and in a letter dated February 12, 2009, the Partial Plan was
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
determined to be in compliance with the state regulations and was adopted by the City of Milton
on December 21, 2009.
In preparing the Partial Update, major sections needed for the Community Agenda were fulfilled
allowing for the progress and completion of the Community Agenda following the completion of
the Partial Update.
Discussion:
CPAC and Staff have worked with the community-based involvement process through all the
stages of the comprehensive planning process toward the completion of the Community Agenda,
the final phase for the City of Milton Comprehensive Plan initiative. If adopted, the Community
Agenda will replace the Partial Plan Update as the official Comprehensive Plan for the City of
Milton.
Upon completion of the Community Agenda the state requires several steps to occur before the
final adoption of the Plan. The first step is an official public hearing to allow the community to
comment on the draft Plan. This is scheduled for the City Council meeting on November 15,
2010. After the public comments are addressed, the second step is a city resolution to transmit
the Plan to ARC and DCA for a 60 day review and comment period. This is scheduled for the
City Council meeting on December 20, 2010. The final step is the city resolution to adopt the
plan. This will be scheduled in the spring of 2011.
Concurrent Review:
Chris Lagerbloom, City Manager
CPAC
Attachments:
Community Assessment/Community participation compliance letter dated May 28,
2008.
Partial Plan Update compliance letter dated February 12, 2009.
Community Agenda
May 28,2008
The Honorable Joe Luckwood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, GA 30004
RE: Comprehensive Plan Update
Dear Mayor Lockwood:
We have completed the regional review of the City of Milton's Community Assessment. We are
pleased to inform you that the Georgia Department of Community Affairs (DCA) has determined
that the Comrnunity Assessment and Community Participation Plan meet the Local Planning
compliance requirements.
The scope of the Atlanta RegionaI Commission's (ARC) review focuses on the adequacy of issue-
identification and regonal planning issues of the Community Assessment. Please review the
attached coinments from ARC and BCA. You do not need to re-submit your Community
Assessment for review, but we strongly recommend that you consider these comments as you
move forward in the planning process.
I commend you and the City of Johns Creek for your commitment to the comprehensive
planning process. Please contact Jon Tuley at 404-463-5581 if you have any questions or if we
can provide further assistance.
Charles Krautler
Director
Enclosures: 3
C: Jim Frederick, Georgia Department of Community Affairs
Tom Wilson, Community Development Director
ARC REVIEW FINDINGSREPORT
City of Milton -Communitv Assessment
Accorcling fo the Minimum Planning Stundnrds, f he Atlanta Regional Cornrnissia~~
revietts the Cornrnrini@ Assessment +forifs udeqzmcy in identzhing poten tial issues and
uppurrunities to be dealt with in the subsequent porfions of the plan. ARC also reviews
fhe Coalmiinity Assessment to identi& potential opporhcnities for
interjr~risdilictionaI/regianalsolutions to common issues. In addifion,ARC wiJI compile
and reviett!comarents received from other interested parties.
Comments received from interested parties:
Attached are comments from ARC'S Environmental Plannii~gDivision and the Georgia
Department of Community Affairs.
Adequacy in identifying issues:
The City of Milton has generally done an adequate job in identifying issues to be
addressed in the comprehensive plan. Items that did not appear to be adequately
addressed or that may need revision include:
Section A: Issues and Opportunities
The issues and opportunities section covers most topics that the city should address,
however, the section has several topics that are hard to understand and even
confusing. While the topics themselves are appropriate, many should be reworded
and done so in a way that anyone, planner or everyday citizen, can pick up the plan
and understand what is being discussed.
o For reference, a few topic discussions that should be improved are:
Page A-1 0, "(6) Development parterns don't encourage interaction
with neighbors"
Page A-1 4, (1) Regional and multi-jurisdictional coordination and
cooperation'"
The importance rankings seem to be missing from most of the issues and
opportunities, if this is intentional it should be explained.
a At the end of "a. Development Patterns Issues" en page A-5, an issue could be added
stressing the growth pressures on the city that will make it difficult to slow or prevent
growth in the areas identified as rural. Maybe called "Maintaining Rural Character in
designated parts of the City".
To coincide with the above added issue. At the end of '%. Development Patterns
Opportunities" on page Ad, an issue could be added discussing the opportunity to
focus development in already developed areas thus relieving pressure on the less
developed areas. Otha opportunities could include growth of the tax base and the use
of existing infrastructure instead of building new capacity where it is not wanted.
Pages A-8 -A-9, regarding the discussion on "No sense of place.. .",the city should
talk with the other new cities in the region that have gone through this same process.
The location of Milton's city hall should be a highly visible and highly accessible
location.
-Page A-1 1, "(8) Not enough affordable housing", first sentence of the fourth
paragraph should not include, "or close by." The City cannot control what other
jurisdictions do and must do its part in creating affordable housing in the region. It is
helpful to show whatlwhere affordable housing is already available in the City and
compare to neighboring jurisdictions.
o The plan could also mention the congestion issues associated with this
inability to provide affordable housing close to jobs.
Page A-1 8, "b. Preservation/Conservation Opportunities", introductory paragraph
needs to include language about preserving environment not just providing
recreational facilities. City could identify areas that are available for
presen/ation/conservation.
Page A-1 8, "b. PreservatiodConservation Opportunities", another opportunity is the
development or adoption of zoning supportive of preservation and consesvation.
o There are several conservation subdivision codes in the Atlanta regon that
can be adapted to Milton's specific needs.
o Transfer of Development Rights (TDR) have been implemented in south
Falton county and the city of Chattahoochee Hills and could be a viable
option for protecting environmentaTly sensitive areas or rural properties that
the City desires to keep in its current developed state.
Page A-20, "b. Mobility Opportunities", the City should review the ARC Bicycle and
Pedestrian Plan to identify potential conflicts and solutions.
m Page A-2 1 -A-22, '"13) Not enough affordable housing", as stated before, the City
cannot depend on other jurisdictions to provide affordable housing for its workers.
Page A-2 1, "6. Economic Development", the City should consider parhering with the
City of Alpharetta to earn hnds for an LC1 study in the Windward area as this is the
City's best option for dense, mixed-use and multi-modal development-771eEnviro-onmentnl!Division at ARC It as several important comments on this section,
see attaclzment.
Potential inter-jurisdictionaVre~ona1solutions:
Based on the issues affecting Milton, these are a few potential interjurisdicational and
regional solutions that should be explored when debeloping the-remainder of the
comprehensive plan. These include:
Section I -City Projle-Work with o~ganizationssuch as PEDS to coordinate safe routes to school programs.
* Continue coordination with MARTA, GRTA and ARC to ensure existing and future
bus routes/stops are appropriately planned for and incorporated in the regional
transportation network and land use plan. Take into consideration circulation from
proposed future transit stations including shuttles, bike, and pedestrian facilities.
Other Comments:
On page D4-5, the plan discusses cost-burdened households. This section is a good
narrative about cost-burdened households but it needs to include statistics for Milton
and the North Fulton area. Attached are the cost-burdened statistics for the two census
tracts in Milton (1 15.01 and 1 16.04) from the American FactFinder website. While
this data is not completely accurate for the City, it is a good estimate to work from.
Page D4-4, Table 4.7 -Jobs-Housing Balance does not display jobs-housing balance
for the City of Milton. Use total l~ouseholdsand employment to calculate the correct
ratio.
Page D8-11 references MPO area as 10 counties but needs to say 18 counties
Pages DX-12 and DS-13 reference Mobility 2030 RTP but should be using Envision 6
RTP and FY 2008-201 3 TP
Page D8-13 should say RTP required to be updated every 4 years.
How long does Milton plan to rely on assistance from other local governments for
public facilities and services?
The plan makes no mention of current or planned service areas for city/county
services; this is a vital part of the plan and should be inwrporated both in the text as
well as in the map.
What perfomance measures or evaluation process does the City have in place
regarding use of a "privatization" model? Is the City coordinating with other new
cities in North Fulton using the same model to share lessons learned?
The Iocnl government is encouraged to revise #he Community Assessment to address
ll~eserecommendations. For further assistance with adcir~ssingthese recornnzendatiesrs,
pIease conract Jon Tdey at 404-463-5581.
ARC Environmental Planning Division Comments
City of Milton Community Plan
May 2,20Q8
ARC Environmental Planning Division has the following comments on the City of Milton
Community Assessment Plan:
r Part D: Data Appendix. Section 5: Natural and CulturaI Resources, Subsection 5.2,
Environmental Planning Criteria. Water Suppl~Watersheds. Page D5-1 :
This section discusses the Water Supply Watershed Criteria under the Georgia Part 5
Environmental Planning Criteria. 11 states that the Etowah is not a water supply watershed
and that the portion of the City within the Big Creek Watershed is subject to the Part 5
criteria. It is correct that the Little River flows into the Etowah downstream of all water
intakes, but the River flows into Lake Allatoona, which is a water suppIy source. However,
it is a Corps of Engineas lake and Corps lakes are exempt from the watershed criteria under
the current Part 5 Criteria. For Big Creek, the local governments in the watershed developed
the Big Creek Watershed Study, which was completed in 2000 and provides alternate
protection measures for the watershed, The City may wish to consider the a1 ternate criteria.
* Part D: Data Appendix, Section 5: Natural and Cultural Resources, Subsection 5.2,
Environmental Planning Criteria, Protected Rivers, Pa~e D5-2:
The Etowah is a protected river, as defined in the Criteria, but the Little River is not. This
does not prevent the City fiom adopting the protected river criteria, or stricter criteria, if it
wishes.
Part D: Data Appendix, Section 5: Natural and CuIturaF Resources, Subsection 5.4,
Significant Natural Resources, Programs, Rules and Remlations, Metropolitan River
Protection Act (MRPAI, Page D5-8:
No part of the City is within the River Corridor. The only MRPA requirements that apply in
the City are for the adoption of soil erosion and sedimentation and tributary buffer
ordinances for areas in the drainage basin of the Chattahoochee River. The City-wide
ordinances required under other legislation already meet these criteria.
Part D: Data Appendix. Section 5: Natural and Cultural Resources, Subsection 5.4,
Significant Natural Resources, Programs, Rules and Regulations, Page D5-9:
This paragraph is untitled but refers to the plans and requirements of the Metropolitan North
Georgia Water Planning District. This paragraph needs to updatjng by stating that in
September 2003, the District Board adopted three comprehensive plans to ensure adequate
supplies of drinking water, to protect water quality and to minimize the impacts of
development on the District's watersheds and downstream water quality and that the City
will coordinate with the Atlanta Fulton 'County Water resources Comimissien in
implementing the District Plans. Also, the adoption status of the six model ordinances
should be addressed. The stream buffer ordinance is discussed in a separate paragraph at the
bottom of Page D5-9. The other ordinances should also be cited.
Part D:Data Appendix, Section 7: Intergovernmental Coordination, Subsection 7.6, Federal,
State, Regional and County Programs, Water Planning Districts, Metropolitan North
Geosca Water Planning Dish-ict, Page D7-5:
As stated in the previous paragraph, this section needs to reference the current status of the
plans. We would like to propose the following language to clarify the Plan status:
In September 2003, the Metropolitan North Georgia Water Planning District Board
adopted three comprehensive plans to ensure adequate supplies of drinking water, to
protect water quality and to minimize the impacts of development on the District's
watersheds and downstream water quality. The City of Milton will coordinate with
the Atlanta Fulton County Water resources Commission in implementing the District
PIans.
Part E: Compliance with Environmental.Planning Criteria, River Conidor Protection Page
E-5:
No part of the City is subject to the requirements of the Cha~ahoocheeCorridor Plan. The
only Metropolitan River protection Act requirements that apply in portion of the City within
the Chattahoochee (Big Creek) Basin are the requirements fox adoption of erosion control
and stream buffer ordinances.
-- -
---
- -
- --
Detailcd Tables -American EactFinder Page 1 of 2
HCT882. HOUSEH.0LDJEIGQME..IN~999 BY SELECTED MONTHLY OWNER COSE AS-A
PERCENTAGE OF HOUSEHOLD INCOME IN 1999.[571-Universe-Specified-owner_+ccupied
ho_u_singuni$
Data Set: Census 200O&mrnarv File 4 (SF 4) -Sample Data
NOTE Data based on a sample. For information an confidentialityprotection, sampling ermr, nonsampllng error, defin~t~ons, seeand count corred~ons
M~facSfinder,ce~us.gov/homelenldatanoleslex~sf4htrn. --_ ---- - ----
Census Tmct I 15.01, Fulton County, Georgia Census Tract 116.04, ful&-Eounty, Georgia
Total: 3.498 3,609
Less than $10,000: -_ _ -9 1 2--_ -_ -_ ---------85
Less Ihan 20 percent n n
20 to 24-percent _
25 to 29 percent
30 to 34 percent
35 percent or mare
Not computed
$10.000 to $19.999:
Less than 20 percent -16, 8
20 to 24 percent v ..-18 -9
25 to 29 percent 10 9
30 to 34 percent 0 8
35 percent or more -". "___ ---78 _ __..-_ ---37
Not computed
s20.000 to $34,999.
Less than 20 percent
20 to 24 percent
25 to 29 percent
30 to 34 percent
35 percent or more
Not computed
535.~00to 549.999
Less than 20 percent
20 to 24 percent
25 to 29 percent
30 lo 34 percent
35 percent or mom , A 79-a -.,", -" ---156
Not wmputed
$50.000 lo $74.999:
Less Ihan 20 percent
20 to 24 percent
25 to 29 percent
30 to 34 percent
35 percent or mom
Not computed
$75.000 to $99,999.
Less than 20 percent 1928 -284
A -20 to 24 percent .
-_ --136 ....... _ ..-_ _ ..-..175
25 to 29 percent 45 . --. 116
30 to 34 percent -70' 30
35 percent or more 79 59
Not computed
$100.000 to $149.999:
Less Ihan 20 percent
20 to 24 percent
25 to 29 percent
30 to 34 percent
35 percent or more
Not computed
S?50.000or more.
Less than 20 percent
20 to 24 percent
25 to 29 percent
30 to 34 percent _ -
35 percent or more
Not computed
U.S. Census Bureau
Sonny Perdue Mike Balatty
Governor Cornrniss~oner
May 29,2008
Mr. Charles Krautler
Executive Director
Atlanta Regonal Commission
40 Courtland Street, NE
Atlanta, Georgia 30303
Dear Mr. 'Krautlex:
Our staff has reviewed the draft Community Assessment and Community Participation
Program for the City of Milton and finds that both adequately address the Local Planning
Requirements. The City may therefore immediately proceed with development of its Community
Agenda. Please include the enclosed listing of planning assistance resources with your report of
findings and recommendations to the local government.
Our records indicate that the Service Delivery Strategy for Fulton County and its cities
must be updated by October 31, 2009. We. recommend that you remind these jurisdictions to
renew or renegotiate their Strategy prior to this date in order to remain in compliance with the
Service Delivery Strategy Law.
Smes R.Fredmck, Director
Office of Planning and Quality Growth
JFJjwh
Enclosure
cc: Tom Weyandt, Atlanta Regional Commission Planning Director
Jon West, DCA Area Planner
RESOURCES FOR LOCAL PLANNING, IMPLEMENTATION, AND QUALITY
GROWTH
Who can help?
DCA's Office of Planning and Quality Growth (OPQG) offers a variety of
assistance for developing and implementing your local plan and for carrying out
quality growth initiatives. This includes:
o Facilitation of key plan stakeholder meetings.
o Quality community objectives assessment for your city or county.
o Facilitated Priority Setting Meetings to get you started with implementing
your plan. In these meetings, local officials are guided through an interactive
process of identifying which plan implementation activities should be
undertaken first and what's needed to get these underway.
o Direct: hands-on technical assistance for specific implementation projects.
o Resource teams to help develop ideas for your community vision or to
develop detailed plans for particular character areas identified in your
community vision.
Call OPQG at (404) 679-5279 or visit www.georpiaplanning.coin for more
infomation about the above assistance resources.
E OPQG and its partner organizations offer periodic workshops on a wide variety of
planning or quality growth topics, including:
o How to develop community vision
o Good community participation processes
o Alternatives to zoning for regulating development
o Impact fees
o Effective site plan review
Call (404) 679-5279 or visit wvvw.georr;iaplanning~cornfor details and schedule
of upcoming training events.
You may take your planning and implementation questions directly to the experts
by signing up for OPQG-sponsored Quality Growth Advisory Clinics, offered at
regular conferences of Georgia Municipal Association and Association County
Commissioners of Georgia. Call (404) 679-5279 or visit
www.geor~iaplannin~.comfor details and schedule of upcoming events.
Review our guidebook on "Selecting a Plan Preparer," available at
www.georgiaplanni~.corn,or by calling (404) 679-5279.
Many of OPQG's partner organization offer assistance with planning and quality
growth issues. Visit the assistance menu at
htt~>:/l~.dca.state~~a~us/toolkit/di~for details.
Getting good ideas
* The State Planning Recommendations are intended to give you good ideas for all
aspects of your planning and plan implementation process. They include lists of
issues and opportunities; recommended character areas and development
strategies for each; suggested stakeholders and public participation techniques;
recommended deveIopment patterns to encourage; implementation best practices;
and suggested policies. They are available on our website at:
htt~://www.dca.state.~a.us/development/Plan~~in~QuaIit~ndex.asp
* OPQG provides examples of good local plans that we've previously reviewed on
the Georgia Planning website at www.georgiaplanning.cnm.
The Quality Growth Toolkit provides a clearinghouse of information and
resources about a broad range of implementation tools. It can be accessed
through the Georga Quality Growth website at www .geor~aqualitv.~owth.com.
Peruse the Qualjty Growth Resource Team Reports to see recommendations made
by our team of experts on visits to various communities around the state. These can
be accessed by choosing the "Resource Teams" link on ow Georgia QuaIity Growth
website at wzvw.~eor~iaaualitvmowth.com.
The requirements, plain and simple
OPQG's requirements for content and process of deveIoping the required plan
updates are found on the web at ww~v.~eor~aplannin~.~om.These include:
o Local Planning Requirements -Qualified Local Government (QLG)
designation is linked to the successful completion of the update of your
Comprehensive Plan in accordance with these requirements. QLG
designation enabIes your local government to maintain its eligbility for grants
and loans from DCA, the Department of Natural Resources and the Georgia
Environmental Facilities Authority as well as other state agency assistance.
o Minimum Planning Sfandardsfor Solid WasfePlanning. Eligibility for solid
waste grants, loans and permits from the State, depends upon your local
government's Solid Waste Management Plan, which must be prepared in
accordance with these standards.
o Revising an Existing Sewice Delivery Strategy -provides details about
reviewing and/or revising your existing Service Delivery Strategy.
o Capital Improvemertcs E!emenl-in order to legally charge impact fees, a local
government must include a Capital Improvements Element (CIE) in its
Comprehensive Plan. A local government that does not currently include a
CIE in its plan can amend the Comprehensive Plan to include a CIE at any
time if it wishes to initiate an impact fee program.
Gaidebooks am! other rc-~ources
OPQG offers several guidebooks on various aspects of plan development and
implementation, including:
o "Why Do We Plan?" provides an overview of planning, its benefits, and why
it is important.
o "Planning for Community Involvement'Vfocuses on tools. techniques and best
practices for effectively involving stakeholders and the general public in your
local planning process.
o "Discovering and Flaming Your Community Character" describes character
areas, provides tools and techniques for identifying character areas, and
discusses the processes for developing a vision for your community.
These guidebooks are available at www.georgiaplanning.com or by calling (404)
479-5279.
If you're looking for help with selling your community on planning and quality
growth ideas, visit our "Selling Planning and Quality Growth" webpage at
www.dca.state,~a.us/developmentlPlannin~QualE~Gro~Wpro~ams/seI1in~.asp
Digital data and maps specific to your community are provided for download and
use atwww.~mrgiaplanning.com.
* A Quality Communii;v Objectives Assessment tool is available to assist with
evaluating the community's current policies, activities and development pattans
for consistency with DCA's Quality Community Objectives. It can be accessed at
ww.~eor~aplannin~.com.
w The Model Development Code provides a number of viable alternatives to
conventional zoning. The code is presented as a relatively simple, modular, set of
land use management techniques that can be pieced together to create unique
regulations tatbred to fit local circumsta:~ces. Model Ccde may be accessed
at ww.~e~s~iaplanninfi.~~m.
h hC
ATLANTA REGIONAL COMMISSION
PLANNING • LEADERSHIP • RESULTS
February 12, 2009
Honorable roe Lockwood, Mayor
City of Milton
13000 Deerfield Parkway, Suite 107
Milton, GA 30004
RE: City of Milton Partial Plan Update
Dear Mayor Lockwood:
We are pleased to inform you that the Georgia Department of Community Affairs has
determined that the Partial Plan Update for the City of Milton meets the Local Planning
Requirements (letter attached). Please note that ARC has provided comments regarding the
Partial Plan. You do not need to re -submit your Partial Plan for review, but we recommend that
YOU consider these comments as you move forward with plan adoption.
In order to meet the Local Planning Requirements, the County must adopt the plan and forward
the adoption resolution to ARC. Furthermore, please provide ARC with a final copy of the
adopted plan, in hard copy and digital copy (MS Word document), and digital copies of both the
existing land use and future development maps (SSRI shapefile).
Once the City has adopted the Partial Plan Update, you must publicize the availability of this
plan for public information. This requirement may be met by providing notice in a local
newspaper of general circulation identifying where a complete copy of the Community Agenda
may be reviewed.
I commend you and the City of Milton for your commitment to the comprehensive planning
process. Please contact Ton Tuley at 404-463-3309 if you have any questions or if we can
provide further assistance.
Sincerely,
C
Charles Krautter
Director
CK -jt
Enclosures: 2
c, Michele McIntosh -Ross, City of Milton
40 COURTLAN❑ STREET. NE, ATLANTA, GEORGIA 30303 404 463.3100 FAX 404 463.3 Toy WWW.ATLANTAREGIONAL-COM
No Text
ARC REVIEW FINDINGS REPORT
City of Milton — Partial Update
According to the Department of Community Affairs Office of Planning and Quality Growth, the Atlanta
Regional Commission (ARC) reviews Partial Updates of Local Comprehensive Plans for potential
conflicts with neighboring jurisdictions, opportunities for interjurisdictionalfregional solutions to common
issues, and consistency with the Regional Development Pian. In addition, ARC will compile and review
comments received from other interested parties.
Comments received from interested parties:
See attached comments from the Georgia Department of Community Affairs and Gwinnett County.
Conflicts with neighboring jurisdictions:
There are no apparent conflicts with the City of Milton Comprehensive Plan Partial Update and pians of
neighboring jurisdictions.
Potential interjurisdictional/regional solutions:
• There are several planning efforts recently completed or underway in North Fulton including the
Blueprint North Fulton master plan and the North Fulton Comprehensive Transportation Plan
(CTP). The city should stay involved in these and adapt the comprehensive plan as needed.
• The City should continue to work with MARTA and other North Fulton cities to ensure transit
service and transit amenities are available and efficient.
The City should work with organizations such as PEDS to coordinate safe routes to school
programs and PXrH or GeorgiaBikes for multiuse path connections.
Consistency with the Regional Development Plan:
■ The City of Milton Comprehensive Plan Partial Update is largely consistent with the Regional
Development Plan (RDP).
■ The plan states that the City is identified as Mega Corridor, Urban Neighborhood and Suburban
Neighborhood on ARC's Unified Growth Policy Map (UGPM). According to the map, the city is
only identified as Mega Corridor and Suburban Neighborhood. This should be corrected before
the update is adopted
Other Comments:
■ The Issues and Opportunities section should be revisited. While the sections discussing
environmental preservation, mobility and economic development are fairly clear, the other
sections are confusing and seem to repeat many of the same issues without explaining how they
relate to the various issue categories.
• Issues in the Issues and Opportunities section are meant to be challenges that the City is facing or
will face over the life of the plan. Opportunities should be potential improvements to the City's
current economic, social or physical state. As the plan is written now, many of the issues and
opportunities are actually assets and liabilities respectively and should be revisited.
• On pages A-2 through A-4, issues A, B and C are similar and confusing and should be combined
or made more concise.
Page A-7, section b, Development Patterns could include an opportunity stating that rural
character can be preserved by focusing development in centers and major corridors.
Atlanta Regional Commission 02/12/09
Page A-13, section (4), "No unix of housing..." should include an explanation of why this is
important for the City.
Page A-19, section (1), "Local interest in application..." needs to be simplified. It could read
"Update of local zoning to include innovative design codes."
There are several words cut off on page A-23.
For further assistance with addressing these recommendations, please contact Jon Tuley at 404-463-3309.
Atlanta Regional Commission 02/12/09
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
i
Table of Contents
Part Section Page
I. Executive Summary
Community Assessment and Community Participation Plan
Partial Plan Update
Community Survey
Community Agenda
Community Vision
State Planning Goals and Objectives
II. Community Issues and Opportunities
Overall
Development Patterns and Land Use
Community Facilities and Services
Housing
Intergovernmental Coordination
Natural and Cultural Resources – Preservation, Protection, and
Conservation
Transportation and Mobility
Economic Development
Financing
III. Future Development Map and Supporting Narrative
IV. Character Areas, Character Area Map and Supporting Narrative
Birmingham
Arnold Mill
Central Milton
Deerfield
Bethany
Crabapple
Milton Lakes
Sweet Apple
V. Future Land Use Map and Supporting Classifications
VI. Polices
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
ii
Part Section Page
VII. Implementation Measures
Implementation Matrix
Short Term Work Program
Long Term and Ongoing Activities
VIII. Report of Accomplishments
IX. Consistency with Service Delivery Strategy
X. Supplemental Plans
XI. Glossary
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 1
I. Executive Summary
The City of Milton, chartered in 2006, has been diligent in drafting the required components of
its Community Comprehensive Plan. As its charter plan, this document will help guide growth
and development within the community, therefore great care and attention to detail have been
undertaken in this process. Citizens of Milton have demonstrated a high degree of civic -
mindedness with their active participation in the Comprehensive Plan process.
Community Assessment and Community Participation Plan. The City of Milton was incorporated
in November 2006, and at this time, the city adopted Focus Fulton 2025 as their Comprehensive
Plan. Shortly thereafter, in 2007 they implemented the development of their Comprehensive
Plan. By mid-2008, the city had successfully completed the Community Assessment and
Community Participation Plan, and both documents had been reviewed and accepted by ARC
and DCA by the end of the year
Partial Plan Update. As the City was approaching a deadline for plan adoption, it was agreed by
local and state officials that completing a Partial Plan Update to Focus Fulton 2025 would allow
for more time to complete the Community Agenda of the Comprehensive Plan. By January
2008, ARC and DCA had accepted this Partial Plan update and local official s were ready to
initiate the development of the Community Agenda and move toward adopting their local
Comprehensive Plan.
Community Survey. As identified in the Community Participation Plan, prior to undertaking the
Community Agenda, the city of Milton and its Comprehensive Plan Advisory Committee (CPAC)
initiated a community-wide survey early in 2008. In an effort to better clarify and understand
the values of the citizens of Milton, approximately 40 survey questions queried responses to a
variety of issues, including the city’s mission and vision, future development patterns, and
financing of future programs and projects. One survey was sent to each address in the city
which resulted in the issuance of about 12,000 surveys. To achieve 95% confidence level in the
survey results, the city needed to receive at least 372 responses (or 3%). The city received
2,925 responses, which translates into an impressive 24% response rate.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 2
The results of this survey provide a guide to the development of the Community Agenda and
underscore many of the key points that were repeated throughout the process. A summary of
survey findings presented to the community in August 2008, is still relevant at the conclusion of
the Community Agenda facilitation process. The survey demonstrated overwhelming support
of the city’s stated Mission and Vision. The Mission Statement holds that the city of Milton is
committed to maintaining the unique quality of life for our constituents while efficiently
delivering essential services to residents and businesses in a community interactive
environment, and the Vision Statement indicates Milton is a distinctive community embracing
small-town life and heritage while preserving and enhancing our rural character.
The survey provided further details about quality of life and community development issues. It
showed strong citizen support for a growth management strategy that does not exceed the
capacity of public infrastructure and limits density by use of septic tanks. The preservation of
community character was an important issue and could be accomplished by mechanisms such
as requiring capital improvements that are characteristic of historic precedent, preserving
historic assets, and providing incentives for the preservation of open space, natural areas, and
environmental resources. Respondents generally did not favor tax increases, but identified that
any additional tax revenue should be spent on improvements for transportation, parks and
recreation, and greenways and trail systems.
The Community Agenda underscores many of the ideas generated through the initial steps in
the city’s Comprehensive Plan process, as well as key issues articulated in the community-wide
survey. A dynamic process of review and feedback among CPAC representatives, community
members, and public officials allowed for the capture of citizens’ perspectives and input
throughout the process. This has been translated to the policies, issues, opportunities, and
implementation measures herein with the goal that the Community Agenda will be a key
component in maintaining the balance between accommodating growth and preservation in
the Milton community.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 3
Community Agenda
Per state standards, the Community Agenda is the road map for the community’s future,
developed through a very public process of involving community leaders and stakeholder s in
making key decisions about the future of their community. This section is the most important
part of the plan, and it provides the momentum to move community plans and programs
forward. Whereas the Community Assessment serves as a snapshot of the existing conditions of
the City of Milton, and the Community Participation Plan ensures appropriate public
involvement in the Comprehensive Plan process, the Community Agenda is fundamentally an
action plan driving goals, policies, and decision-making.
Community Vision
Throughout the planning process, the city’s vision has guided discussion and consideration of
the various plan elements. Per state stand ards, the community vision is intended to paint a
picture of what the community desires to become, providing a complete description of the
development patterns to be encouraged within the jurisdiction. The City of Milton has adopted
a simple and straightforward vision statement for its community: Milton is a distinctive
community embracing small town life and heritage while preserving and enhancing our rural
character. To the extent that a community vision reflects what the community desires to
become, the City of Milton is content with what they are, a sentiment underscored repeatedly
in public hearings and workshops for the development of the Community Agenda. In making
such a straightforward assertion, the community recognizes that growth pressures are
inevitable, but growth should be weighed in balance of preserving those elements of the
community that have attracted its existing residents and businesses.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 4
State Planning Goals and Objectives
In addition to the Community Vision, the State of Georgia has outlined Goals and Objectives
that are broadly applicable to all of its communities. As each community considers their future
patterns of growth and development, pursuit of these Goals and Objectives established by the
state will ensure that each community is incrementally contributing to the overall improvement
of the State.
Statewide Planning Goals
o Economic Development Goal. To achieve a growing and balanced economy,
consistent with the prudent management of the state’s resources, that equitably
benefits all segments of the population.
o Natural and Cultural Resources Goal. To conserve and protect the
environmental, natural and cultural resources of Georgia’s communities, regions
and the state.
o Community Facilities and Services Goal. To ensure the provision of community
facilities and services throughout the state to support efficient growth and
development patterns that will protect and enhance the quality of life of
Georgia’s residents.
o Housing Goal. To ensure that all residents of the state have access to adequate
and affordable housing.
o Land Use and Transportation Goal. To ensure the coordination of land use
planning and transportation planning throughout the state in support of efficient
growth and development patterns that will promote sustainable economic
development, protection of natural and cultural resources and provision of
adequate and affordable housing.
o Intergovernmental Coordination. To ensure the coordination of local planning
efforts with other local service providers and auth orities, with neighboring
communities and with state and regional plans and programs.
Quality Community Objectives
o Regional Identity Objective. Regions should promote and preserve an
“identity,” defined in terms of traditional regional architecture, comm on
economic linkages that bind the region together, or other shared characteristics.
o Growth Preparedness Objective. Each community should identify and put in
place the prerequisites for the type of growth it seeks to achieve. These may
include housing and infrastructure (roads, water, sewer, and
telecommunications) to support new growth, appropriate training of the
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 5
workforce, ordinances to direct growth as desired, or leadership capable of
responding to growth opportunities.
o Appropriate Business Objective. The businesses and industries encouraged to
develop or expand in a community should be suitable for the community in
terms of job skills required, linkages to other economic activities in the region,
impact on the resources of the area, and future pro spects for expansion and
creation of higher-skill job opportunities.
o Educational Opportunities Objective. Educational and training opportunities
should be readily available in each community – to permit community residents
to improve their job skills, adapt to technological advances, or to pursue
entrepreneurial ambitions.
o Employment Options Objective. A range of job types should be provided in
each community to meet the diverse needs of the local workforce.
o Heritage Preservation Objective. The traditional character of the community
should be maintained through preserving and revitalizing historic areas of the
community, encouraging new development that is compatible with the
traditional features of the community and protecting other scenic or natural
features that are important to defining the community’s character.
o Open Space Preservation Objective. New development should be designed to
minimize the amount of land consumed, and open space should be set aside
from development for use as public parks or as greenbelts/ wildlife corridors.
o Environmental Protection Objective. Air quality and environmentally sensitive
should be protected from the negative impacts of development.
Environmentally sensitive areas deserve special protection, particularly whe n
they are important for maintaining traditional character or quality of life of the
community or region. Whenever possible, the natural terrain, drainage, and
vegetation of an area should be preserved.
o Regional Cooperation Objective. Regional cooperation should be encouraged in
setting priorities, identifying shared needs, and finding collaborative solutions,
particularly where it is critical to success of a venture, such as protection of
shared natural resources.
o Transportation Alternatives Objective. Alternatives to transportation by
automobile, including mass transit, bicycle routes and pedestrian facilities,
should be made available in each community. Greater use of alternate
transportation should be encouraged.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Executive Summary 6
o Regional Solutions Objective. Regional solutions to needs shared by more than
one local jurisdiction are preferable to separate local approaches, particularly
where this will result in greater efficiency and less cost to the taxpayer.
o Housing Opportunities Objective. Quality housing and a range of housing size,
cost, and density should be provided in each community, to make it possible for
all who work in the community to also live in the community.
o Traditional Neighborhood Objective. Traditional neighborhood development
patterns should be encouraged, including use of more human scale
development, mixing of uses within easy walking distance of one another, and
facilitating pedestrian activity.
o Infill Development Objective. Communities should maximize the use of existing
infrastructure and minimize the conversion of undeveloped land at the urban
periphery by encouraging development or redevelopment of sites closer to the
downtown or traditional urban core of the community.
o Sense of Place Objective. Traditional downtown areas should be maintained as
the focal point of the community or, for newer areas where this is not possible,
the development of activity centers that serve as community focal points should
be encouraged. These community focal points should be att ractive, mixed use,
pedestrian-friendly places where people choose to gather for shopping, dining,
socializing, and entertainment.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 1
Community Issues and Opportunities
The community issues and opportunities are a snap shot of the community’s concerns, and its
perception of the strengths they possess and the challenges they face. The articulation of
issues and opportunities began as a part of the Community Assessment, and after thoughtful
review and deliberation, culminates in this final form in the Community Agenda. The issues and
opportunities included herein were formulated by CPAC as a result of initial public facilitation
during the community assessment and community participation plan processes. For the
development of the community agenda, community members were given opportunities to
review and comment on the proposed list. Feedback from community members was used to
generate the final list presented here and provide direction toward crafting the policies and
implementation goals for the city.
Overall
Overall Issues and Opportunities were derived from the consistent concerns that have been
reiterated throughout the Comprehensive Plan process from its initiation with the Community
Assessment to its completion with the Community Agenda. These include an emphasis on
community aesthetics, the need for more parks and greenspace, the need to enhance
community connectivity, and the importance of accessibility and universal design to benefit
citizens of all abilities.
Issues
Community residents have articulated a desire for more public greenspace and/or
active/passive park land.
Unattractive commercial sprawl detracts from the community’s appearance.
Many neighborhoods have limited access to commercial services in proximity to their
location.
Current development patterns do not encourage interaction with neighbors.
Current development patterns do not reflect a comprehensive awareness of accessibility
and universal design concepts.
Opportunities
The city currently has acquired land that can be developed into public greenspace and
active and passive parkland, and there are additional opportunities for the further
acquisition of land for similar purposes.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 2
The development and implementation of commercial design standards for each character
area will enhance community aesthetics.
New residential development should be connected to existing neighborhoods and
commercial service areas.
The development and implementation of rural design standards within appropriate
character areas will enhance community aesthetics.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 3
Development Patterns/Land Use
Development within Milton boomed through much of the 1990s and into the early 2000s while
the city was still a part of unincorporated Fulton County. This is a timeframe that coincides
with the rising awareness of many of the negative impacts sprawling commercial and
residential land use patterns. The issues and opportunities identified for Development
Patterns/Land Use emphasize the importance of limiting sprawl and preserving the unique rural
character of much of the city. Community preference has been articulated for Master Plans
tied to existing and potential development, rigorous aesthetic design controls, and the
protection of open space, agricultural land and environmentally sensitive areas.
Issues
Unattractive sprawl development has lead to visual clutter along roadways that can
distract drivers and detract from the community’s appearance.
Lack of design standards have resulted in unattractive subdivisions and subdivision
entrances.
Sprawl development threatens the indistinct boundary between town and countryside.
Widespread opposition to typical high-density development patterns limits the diversity of
housing options available in the city.
Large tracts of land suitable for continued agricultural uses are being sold for residential
development.
New development threatens to encroach upon areas that are not suited for development.
Opportunities
Milton has preserved a unique pattern of equestrian-oriented development that should be
enhanced and promoted.
Plentiful scenic and pastoral areas are the hallmark of community character and should be
preserved.
Proactive stewardship of the community’s extensive greenspace can be an asset for
current and future generations.
Emphasis on the redevelopment of existing areas can preserve and enhance the
community’s greenspace and sense of place.
Policies and regulations should maintain and promote the rural character of the city,
including the preservation of “open road” neighborhoods, inclusion of a conservation
subdivision option, and locating new residential development in areas contiguous to
existing neighborhoods.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 4
Policies and regulations should protect and enhance current agricultural land by defining
zoning districts that appropriately differentiate agricultural and residential land uses to
preserve character and limit potential land use conflicts.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 5
Community Facilities and Services
The city continues to establish its new municipal government, and it faces unique challen ges
and prospects to establishing its identity. Issues and Opportunities for Community Facilities and
Services focus on the broad themes of community spaces, community character and sense of
place. The city can concentrate its efforts on preserving the h igh quality of existing
development and enhancements that will improve community aesthetics.
Issues
Milton needs to better define its community character – including areas around municipal
boundaries and gateways – to foster a sense of place so visitors know they have arrived to
a unique community.
The city lacks both indoor and outdoor community gathering spaces, including spaces for
arts activities and performances.
Opportunities
Currently there are virtually no areas of decline due to the relative ne wness of
development in Milton. Policies and regulations can promote high development standards
to prevent the decline of existing development.
The city should support the build out of Birmingham Crossroads consistent with its
adopted plan as the activity center that anchor the Birmingham character area; and
support the continued build out of Crabapple Crossroads as would be recommended per a
revised Crabapple plan as the activity center to anchor the Crabapple character area.
The redevelopment of the Highway 9 Corridor consistent with an adopted set of
community design guidelines would enhance the character and sense of place in the
Deerfield character area.
Implementing a community branding campaign – including standards for the design and
placement of signage – can foster a visual aesthetic and sense of place within the city.
The design and location of a city hall/government center should consider an area which
best serves all residents and visitors.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 6
Housing
The relative newness of development and the limited infrastructure in the city of Milton have
resulted in property values and housing stock that tends toward the higher end. The needs of
land-extensive agricultural uses, such as equestrian estates, also impact housing, land values
and development patterns. There are higher density residential options within the city that
include townhomes and single family homes on small lots. However, the perceptions of a lack
of housing diversity underscore the need fo r more study and analysis of the existing housing
stock before any significant changes are made to current zoning policies or land use patterns.
Additionally, diversity should not just focus on smaller -lot, higher-density development but also
consider preserving choices for individuals who need large acreages for land-extensive
agricultural and recreational uses.
Issues
Current development patterns include little mix of housing sizes, types and income levels
within neighborhoods.
Current development patterns include limited development of housing in proximity to
employment centers.
Opportunities
Undertaking a comprehensive inventory of current housing stock would enable better
planning and preparation for future growth and development patterns
Based on a comprehensive inventory of current housing stock, identify ways to create
greater diversity in housing options within the city.
Identify opportunities to create housing and employment centers within the city to
mitigate the need to commute outside of the city for employment.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 7
Intergovernmental-Coordination
Multi-jurisdictional coordination provides partnership opportunities that more efficiently
allocate public resources to accomplish the programs of the Community Agenda. As a new city,
Milton has the opportunity to engage with the adjacent cities in Fulton County, but also has the
benefit of working with established departments within Fulton County and regional and state
entities that facilitate economic development, environmental monitoring, and infr astructure
improvements.
Issues
The city needs to proactively engage in regional/multi-jurisdictional coordination and
cooperation.
Local officials and/or neighborhoods are resistant to new or innovative development
ideas.
Opportunities
The city can work with adjacent jurisdictions to adopt consistent design standards for new
development that will promote community aesthetics and sustainability.
There is potential to form partnerships with adjacent jurisdictions for pursuit of LCI/ CID
funds for Hwy 9 (SR 9), Windward Parkway, and Arnold Mill Road (SR 140).
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 8
Natural and Cultural Resources – Preservation, Protection and Conservation
The city of Milton contains numerous examples of locally significant historic resources as well as
environmentally sensitive areas, including lakes, streams, floodplains, and wetlands. In addition
to those natural resources protected by state and local legislation, citizens have identified
preservation of tree canopy and wildlife habitat and important priorities. All o f these elements
contribute to the rural character and rural lifestyle that plays a central role in community
identity.
Issues
The disappearance of rural scenery threatens the character of the community and detracts
from the community vision.
The community lacks the necessary regulations to adequately protect our historic
resources, and their loss jeopardizes our collective heritage.
Loss of tree canopy detracts from community aesthetics, threatens environmentally
sensitive areas, and exacerbates heat-island effects experienced throughout the
metropolitan area.
The effects of environmental pollution and contaminated properties compromise public
health and welfare and should be mitigated.
There is a lack of active recreation programs and recreational areas for the children and
youth of the community.
Opportunities
Development of Birmingham Park according to a master plan would provide recreational
and greenspace amenities for the city.
Development of Providence Park could create opportunities for active and passive
recreation for citizens of all ages, lifestyles, and abilities.
Giving priority to the protection of environmentally sensitive areas will further compliance
with state and federal environmental regulations and avoid detrimental actions to our
natural ecosystem and costly fines and/or penalties for lack of compliance.
The development of pocket parks in areas that are already established would enhance the
community’s greenspace and provide recreational opportunities for its citizens.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 9
Transportation/ Mobility
Milton faces traffic challenges that result from development patterns within its municipal
boundaries, but also significant impacts from development in adjacent communities, including
the cities of Roswell and Alpharetta, and Cherokee and Forsyth Counties. Mobility could be
further enhanced by implemented alternative forms of transportation. Concurrent with the
development of the Comprehensive Plan, the city has worked to develop a comprehensive
transportation plan that provides detailed analysis and specific recommendations for
transportation improvements.
Issues
Traffic congestion is a persistent problem within the community.
The city lacks a network of sidewalks, bike lanes, paths, and trails that would enhance
pedestrian and cycling opportunities.
The city lacks options for public transit, with the exception of the southeastern edge.
Adequate funding is needed to implement road improvements.
Opportunities
Policies and regulations can be modified to promote the use of context sensiti ve design to
maintain roadway characteristics.
Policies and regulations can promote localized activity centers to concentrate
development at specific locations to mitigate traffic congestion.
Funding and implementation of the 2006 Milton Trails Plan (or subsequent revised
version) will enhance alternatives for pedestrian mobility, including walking and cycling.
A local shuttle service could provide transportation services for people within the city.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 10
Economic Development
A creative and innovative economic development agenda will have impacts on many
community issues and opportunities. Commercial and professional employment opportunities
will balance the city’s tax digest, alleviate commuting times as well as traffic congestion, and
provide needed services to local residents. Encouraging commercial and professional
development in Milton should also balance impacts on residential, rural and environmentally
sensitive areas of the community.
Issues
The city needs to pursue innovative economic development initiatives.
The city needs greater employment opportunities to serve local residents within Milton.
Future development plans need to include opportunities for greater commercial densities.
Opportunities
The city should continue to promote the unique residential niche of low density
development with high value properties that is found in Milton.
The city should promote the creation of economic development centers.
New developments can be mixed-use without necessarily being high-end.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Issues and Opportunities 11
Financing
Fiscal responsibility was reiterated throughout each step of the Comprehensive Plan process.
The overwhelming response to the community survey underscored a resistance to new taxes
and a preference for creative alternatives to generate revenues needed for city improvements.
The small percentage of survey respondents that were willing to consider an annual tax
increase specified only one of less than $100.00.
Issues
The high cost of providing public services and facilities for new development is a challenge
for a new city.
The capacity of existing public facilities may need to be expanded to attract new
development.
Financing for new or innovative development ideas can be difficult to obtain.
City revenues need to fund desired service levels without an incre ase in taxes on current
residents.
Opportunities
The city can explore innovative management and governance policies as a result of the
lack of pre-existing bureaucratic commitments.
The city’s financial planning model will help evaluate planning alternat ives and scenarios
to ensure an optimized development plan.
Opportunities for alternative sources of funding and revenues can enhance programs and
projects and should be pursued.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Development Map and Supporting Narrative 1
Future Development Map and Supporting Narrative
The Future Development Map along with the Future Land Use Map represents the City’s future
development policy and will be used to guide City officials in land use decisions. The Future
Development Map is a general illustration of development policy showing the City’s eight
Character Areas as the base, and further identifies areas that requires special attention for
either rural preservation or economic development. Such areas are Gateways, Rural Viewsheds,
Future Development Area, Master Planning Area, and Priority Master Planning area. These
areas deserving special classifications will be discussed in more detail below. The Future Land
Use Map is a more specific illustration of development policy showing allowable land uses for
each parcel and this will be discussed in more detail in the Future Land Use and Supporting
Narrative section.
The Future Development Map also identifies community facilities such as schools, churches,
parks, and fire stations. The current City Hall is identified, as well as sites of cultural significance
such as cemeteries. Environmentally sensitive areas including floodplains, streams and lakes
are identified, and the proposed city trail networks is overlaid on top of existing transportation
networks. Areas with concentrations of equestrian estates were highlighted, though not every
horse farm was noted on the map.
The areas identified as requiring special attention for rural preservation and/or e conomic
development are:
Gateways.
Gateways are important identifiers that distinguish the community from all others. Having a
distinguished community lends itself to niche marketing for economic development purposes.
The community expressed a desire for the city’s branding efforts to be carried out at key entry
points into the city by posting “Welcome to Milton” signage accompanied by specific
landscaping.
The gateways into the city of Milton are identified on the Future Development Map at principle
roads leading into the community, including:
o Arnold Mill Road/ SR 140 (North and South points with the city limits)
o Batesville Road
o Hickory Flat Road at the Cherokee County line
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Development Map and Supporting Narrative 2
o Birmingham Highway (SR 372) at the Cherokee County line
o Crabapple Road (SR 372) at Green Road
o Cogburn Road (North and South points within the city limits)
o Hamby Road
o Francis Road at the Forsyth County line
o Hwy 9 (North and South points within the city limits)
o McGinnis Ferry Road
o Deerfield Pkwy at Windward Parkway
o Hopewell Road
o Broadwell Road
o Bethany Road at Mayfield Road
In 2010 Milton received a recommendation for grant funding from the GA Department of
Transportation’s GATEway grant program. The grant program offers grants for communities to
enhance and beautify roadways (state routes) at gateway points. Milton applied for Hwy 9 (SR
9) at the Forsyth County line, Hwy 9 at Webb Road, Birmingham Hwy (SR 372) at the Cherokee
County line, and Crabapple Road (SR 372) at Green Road. Plans are set to install signs and
landscaping in Spring 2011. The other gateway points along local roads will be funded through
the City’s General Fund.
Rural Viewsheds.
The rural viewshed refers to the characteristic pastoral views that can be seen along the roads
as one travels through Milton. Rural viewsheds contribute to the rural character and sense of
place of the city of Milton. The bucolic scenic qualities of many of Milton’s roads are
considered to be character defining features within several of the larger character areas, and
concerns have been expressed about maintaining and preserving these viewsheds and
cherished characteristic of Milton.
The Future Development Map identifies the roads that should be considered for protection as
rural viewsheds. Ideas about a context sensitive design standards overlay, as well as placing
potential value as sending areas for a Transferable Development Rights program, have been
discussed as tools that can be used along these identi fied rural viewsheds to protect their rural
character.
These are priority areas for resource surveys and development of design guidelines and buffers
as part of a larger program to mitigate development pressures along the rural roadways.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Development Map and Supporting Narrative 3
Future Development Areas.
There are two areas identified on the Future Development Map that are referred to as future
development areas. They are Crabapple Crossroads and Birmingham Crossroads. The
development of these areas proceeded after a Master Plan was done; Crabapple Crossroads
Plan 2003 and Birmingham Crossroads Plan 2003. In addition to a Master Plan, both areas are
governed by respective overlay zoning districts as well as a city-wide zoning overlay district. The
Master Plans provide aesthetic and design controls that cover t he build out of the existing areas
within their plan boundaries. Non-residential development should be concentrated within
these areas according to the specifications of their current Ma ster Plans and zoning controls.
The Birmingham Crossroads Master Plan is confined to a total area of about 40 acres at the
intersection of Birmingham Highway and Birmingham Road/ Hickory Flat Road. Of these 40
acres, only 27.1 acres are buildable. At this writing the Birmingham Crossroads has not built
out to the limits of the Master Plan and the surrounding area has not been a source of
development pressure, or brought unmanageable traffic volume to the area. The existing
Birmingham Crossroads Master Plan is still viable for its continued growth.
The Crabapple Crossroads Master Plan boundary is significantly larger – approximately 511
acres in 119 parcels – located at the intersection of Crabapple Road, Birmingham Highway,
Mayfield Road, Mid-Broadwell Road and Broadwell Road. At this writing, there have been
several discussions among community members, community leaders, the business community
and councilmembers about the status and future of Crabapple and its Master Plan. The
sentiment at these discussions has been that the Crabapple Crossroads Master Plan should be
revised given the age of the plan, the development pressure from its surrounding area, the
overwhelming traffic volume through the area, and the current square footage limitations in
the plan. This plan recommends the revision of the Crabapple Master Plan as a short term work
program item to be done within the next twelve to eighteen months. With the revision of the
Crabapple Master Plan, the area may be considered as a receiving area for a possible Transfer
of Development Rights program.
Master Planning Areas.
Arnold Mill Road (SR 140) (also designated as a rural viewshed) is an area of limited
development with mostly rural residential and agricultural uses. However, community
feedback identified it as an area that could potentially accommodate the development of
limited non-residential uses at some point in the future (possibly beyond the 20 year scope of
this plan). The zoning and future land use classifications for this area are predominantly
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Development Map and Supporting Narrative 4
residential, though the area is subject to a zoning ove rlay that includes aesthetic controls and
design review requirements for any new non-residential development. The community has
expressed a desire to develop a Master Plan for the area similar to those for the Crabapple
Crossroads and Birmingham Crossroads.
The Master Plan should avoid strip commercial development, such as the pattern of Hwy 9.
Non-residential development should be clustered in sections along the roadway and emphasis
should be placed on preserving open space, rural viewsheds, and protecting environmentally
sensitive features. If more than one development cluster is formed along this road way, they
should respect the rural viewshed and be separated by areas of open space and/or attractive
rural-residential development.
Though the lack of non-residential zoning or future land use classifications will help mitigate the
demand for commercial uses along Arnold Mill Road (SR 140) at this time, it is recommended
that the master planning get underway ahead of any development pressure; and give ample
time to be considered as a receiving area for a possible Transfer of Development Rights
program.
Priority Master Planning Area.
The Hwy 9 area has developed a concentration of commercial and service uses for the city of
Milton. Though the area is subject to a zoning overlay district that includes aesthetic controls
and design review requirements, the community has expressed the desire to develop a full
Master Plan and Market Study for the area similar to those for Crabapple Crossroads and
Birmingham Crossroads. The Master Plan should ensure that the area remains economically
viable, avoids unattractive strip development and recruits businesses and services that will
benefit the city of Milton while being sensitive to the many residents that line in the area.
Unlike Arnold Mill, Hwy 9 has commercial zoning in place that would allow new development
and redevelopment to occur. This allows Hwy 9 to be vulnerable to unplanned development.
Realizing this threat, the master planning of Hwy 9 is considered a high priority and is
designated as a Priority Master Planning Area on the Future Development Map. Regardless, any
development project posed in the area prior to the completion of the master planning will be
scrutinized for compliance with goals and policies of this document. As an area identified for
future development, the master plan should consider the Hwy 9 area as a receiving area for a
possible Transfer of Development Rights program.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 1
Character Area Map and Supporting Narrative
[Insert Map]
Pursuant to state standards, the foundation for the Future Development Map should be the
character areas identified as a part of the Community Assessment. However, the Character
Area Map created as part of the Community Assessment was deemed too complex and
therefore unsuitable for the purpose of creating the Future Development Map.
Therefore, as a part of the Community Agenda process, CPAC, city staff, and project consultants
undertook a revision to the previously developed Character Area Map, which in cluded eleven
Character Areas. Following several opportunities for public review and feedback, the initial
Character Area map was revised to include eight Character Areas: Birmingham, Arnold Mill,
Central Milton, Deerfield, Bethany, Crabapple, Milton Lakes, and Sweet Apple.
The following narratives were developed for each of these eight Character Areas, including
development patterns, appropriate zoning districts and land use classifications, and Quality
Community Objectives that should be pursued in ea ch Character Area. A summary of
appropriate implementation measures for each Character Area also follows each of the
narratives.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 2
Birmingham
[map]
Birmingham displays the rich, rural nature of the City of Milton. Located in the northwest
portion of the City of Milton, this Character Area is dominated by horse farms, pastures and
woodlands. Other uses include large estates, residential lots and large land holdings. There are
undeveloped natural areas and environmentally sensitive steep slopes in areas such as
Pritchard Mountain. In addition, at the intersection of Birmingham Highway and Birmingham
Road is the Birmingham Crossroads, which is a rural, mixed use village. This limited rural-style
village that includes commercial activities and
limited residential use was comprehensively
planned for a 27.1 acre parcel that covers three of
the four corners at this intersection. Birmingham
Crossroads provides a sense of place as well as
services to residents in the Birmingham Character
Area. There are several active farms near Mountain
Road with cattle pastures and chicken houses
located along the Cherokee County border. Many of
the roads, including Birmingham Road, Mountain
Road, and Freemanville Road provide scenic and
linear greenspace corridors. Also, the largest park in
the City of Milton is located in this area – 200 acre
Birmingham Park. Currently, this park is
undeveloped and has limited access. The terrain is
rolling and includes both floodplain and steep slopes
along the Little River. There are several institutional
uses including schools and places of worship in the
Birmingham Character Area.
Development Patterns in this Area
Birmingham Crossroads serves as the activity
center for this Character Area, and is typical of
mixed use village developments with buildings
clustered at the center, a clearly defined
perimeter, and surrounded by open space.
Buildings are and should be architecturally
integrated with the site and one another, and
developed at a sufficient scale to be identified as
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 3
an activity center. But, this activity center should nonetheless retain a pedestrian friendly
environment. Birmingham Crossroads is connected to the larger community via existing
transportation networks as well as the prop osed community trail system. Any additional
non-residential development within the Birmingham Character Area should be limited to the
boundaries of Birmingham Crossroads as defined in the master plan for that area.
Birmingham includes areas that are typical of Milton’s distinct rural-residential land use
pattern. Active agricultural and equestrian estates co-exist with low density residential land
uses. New development should match the typical densities found within this area and should
minimize undesirable impacts on surrounding rural/ agricultural uses. Significant site
features, such as view sheds and environmentally
sensitive areas, should be enlisted as amenities that
shape identity and character of new development
within this character area.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 4
Appropriate Land Uses in this Area
Agriculture, Equestrian and Estate
Residential (AEE)
Residential Low: 1 unit/Acres or less
Parks, Recreation and Conservation
Community Facilities
Living-Working/Mixed Use
Appropriate Zoning Districts in this Area
Agricultural District (AG1)
Mixed Use District (MIX)
Community Business District (C1)
Birmingham Crossroads Overlay
District
Northwest Fulton Overlay District
Quality Community Objectives pursued in this Area
Regional Identity Objective: Birmingham Crossroads was established in the early 1900s
with a general store, school, and several churches that served an adjacent residential
community.
Appropriate Business Objective: The Master Plan for Birmingham Crossroads includes
additional non-residential development for commercial, professional and civic uses.
Employment Options Objective: The Master Plan for Birmingham Crossroads is one of four
development areas in the City that allow for non-residential development and creates
employment opportunities.
Heritage Preservation Objective: The Birmingham Character Area typifies the type of rural
character valued by the community, including horse farms, pasture and woodlands. The
rural village at Birmingham Crossroads is designed to be compatible with the historic
development patterns of northwest Fulton County.
Open Space Preservation Objective: In addition to the preservation of rural character
typified by open spaces and limited development, Birmingham Park is included in this
Character Area.
Environmental Protection Objective: Among its several environmentally sensitive
resources, this Character Area includes significant portions of floodplain along the Little
River.
Traditional Neighborhood Objective: The development of Birmingham Crossroads allows
for mixed-use, pedestrian oriented amenities within this Character Area. Residential uses
are planned for the southeast corner of the intersection, including both single family
residential lots and higher density, town homes.
Infill Development Objective: Implementing the development of Birmingham Crossroads
per its Master Plan will minimize the demand for inappropriate development in rural areas
of the community. This will include the ultimate development of the northeast corner of
the Birmingham Crossroads in a way that is consistent with the development of and access
to Birmingham Park.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 5
Sense of Place Objective: Birmingham Crossroads serves as a focal point of development
activity in the northwestern portion of the community.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 6
Arnold Mill
[map]
Narrative This Character Area serves as one of the gateways into the City. State Route 140 is
now a two-lane route that provides access from Cherokee County across the Little River into
Milton, Alpharetta and Roswell. It is anticipated that this will become a four-lane route during
the span of this plan. The Character Area includes several large properties, but the nature of
the area changes as it approaches the Crabapple Silos area. The southern portion of the area
includes a difficult angles intersection with New Providence Road, and is adjacent to the
relatively densely developed residential subdivisions located along Green Road. Also, Chadwick
Landfill is located in this character area.
Development Patterns in this Area
The area along SR 140/Arnold Mill Road is typical of
the rural, low density character of Milton. Future
development within this character area should
respect existing rural character and rural-residential
development predominant in its adjacent character
areas, Sweet Apple and Central Milton.
SR 140/ Arnold Mill Road should include some
mixed use development along its travel from
Cherokee County to the Silos, but should avoid strip
commercial development. Clustering higher
density, predominantly non-residential
development intermittently along the corridor
preserves open space and protects environmentally
sensitive features. If more than one commercial
area is developed along this corridor, they should
be separated by areas of open space and/ or
attractive rural-residential development.
Development should be tied to a Master Plan with
specific boundaries, design specifications, and
allowable uses, similar to Crabapple Crossroads or
Birmingham Crossroads.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 7
While Specific Land Use and Zoning will be
determined in the Master Plan, Appropriate
Land Uses in this Area Include:
Agriculture, Equestrian, and Estate
Residential (AEE)
Residential low: 1 Unit/ Acre or Less
Residential medium: 1-3 Units/ Acre
Retail & Service
While Specific Land Use and Zoning will be
determined in the Master Plan,
Appropriate Zoning Districts in the Area
Include:
Agricultural District (AG1)
Single-Family Dwelling District (R2A)
Community Business District (C1)
Commercial District (C2)
Office Institutional District (OI)
Northwest Fulton Overlay District
Arnold Mill Overlay (Master Plan)
Quality Community Objectives pursued in this Area
Growth Preparedness Objective: The potential for pockets of non-residential development
along SR 140/ Arnold Mill Road necessitate an analysis of infrastructure needs to support
this transitional pattern. In anticipation of future growth potential for development along
Arnold Mill the area is designated as a Master Plan Area (defined on page X). This
designation indicates that a detailed master plan of the area should be completed before
further development of the area.
Appropriate Business Objective: Though the Arnold Mill Character Area is currently
sparsely developed, there are areas it is appropriate for small areas of non-residential
development in the future, so long as care is taken to avoid strip commercial development.
Employment Options Objective: Non-residential development in a small, separated areas)
along SR 140/ Arnold Mill Road would create employment opportunities in the western
portion of the community.
Open Space Preservation Objective: Preservation of rural, open spaces between small
areas of non-residential development has been identified as a priority for the transitional
development of the Arnold Mill Character Area.
Environmental Protection Objective: Transitional development from rural, low-density to
small areas of mixed, predominantly non-residential development should protect
environmentally sensitive resources.
Regional Cooperation Objective: Regional cooperation with Alpharetta and Roswell is
should be an integral part of this Character Area's Master Plan, particularly with respect to
transportation and design/aesthetics.
Regional Solutions Objective: A regional solution to the transitioning development along
SR 140/ Arnold Mill due to the jagged nature of adjacent jurisdictional boundaries of
Roswell and Alpharetta in this area.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 8
Central Milton
[map]
Narrative This largest character area in Milton and is dominated by residential subdivisions with
large lots in excess of 1 acre – some of the most expansive in the city. These high value
residential developments with very large houses are anchored by golf courses and other private
amenities such as swim and tennis. Many were developed in the 1990s and with similar lot
sizes, have created a uniform overall density in the area. Even with the existing development,
this area has retained much of the rural characteris tics of the City of Milton. Along with the
many subdivisions within this area, it is also characterized
by several horse farms, pastures, woodlands and several
large properties. In addition, many of the roads provide
scenic and linear green space corridors such as
Birmingham Highway, Freemanville Road, Thompson
Road and Hopewell Road. Most of these scenic corridors
include rural home sites, horse farms, wetland crossings
and access to country clubs, equestrian facilities and
more open space. The visual aesthetics of this Character
Area should be maintained even as residential
development continues.
Development Patterns in this Area
Central Milton includes areas that are typical of the city’s
distinct rural-residential land use pattern. Equestrian
estates co-exist with low density residential land uses.
Newer developments with private recreational amenities
have integrated with older, established open road
subdivisions. New development should match the typical
densities found within this area and should minimize
undesirable impacts on surrounding rural/ agricultural
uses. Significant site features, such as view sheds and
environmentally sensitive areas, should be enlisted as
amenities that shape identity and character of new
development within this character area. New
development should incorporate elements that enhance
connectivity to the proposed Milton trail system and
other alternative modes of transportation. Residential
developments should consider clustering to maintain
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 9
scenic, linear green space without increasing overall residential density.
Appropriate Land Uses in this Area
Agricultural, Equestrian, and Estate
Residential (AEE)
Private Recreation
Parks, Recreation, and Conservation
Residential low: 1 Units/Acre or Less
Community Facilities
Appropriate Zoning Districts in this Area
Agricultural District (AG1)
Single Family Dwelling District (R2)
Single Family Dwelling District (R2A)
Community Unit Plan District (CUP)
Northwest Fulton Overlay District
Quality Community Objectives pursued in this Area
Heritage Preservation Objective: Central Milton
comprises the largest Character Area in the community
and includes examples of historically and culturally
significant resources, including residential and farm
structures.
Open Space Preservation Objective: Central Milton has
a low-density pattern of residential development with
large open spaces including pasture and woodlands
separating residential uses and suburban subdivisions.
Environmental Protection Objective: Central Milton
contains a significant network of creeks, streams,
wetlands and floodplains among other
environmentally sensitive areas.
Transportation Alternatives Objective: The city has
developed an extensive plan for recreational trails
throughout Central Milton that provide options for
pedestrian, cycling and equestrian uses. A
transportation solution that moves traffic around
Central Milton rather than through it should be the
goal.
Housing Opportunities Objective: A significant amount
of residential development is concentrated in central
Milton with a mix of lot sizes that generally exceed
one-acre.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 10
Deerfield
[map]
Narrative One of the Deerfield Character Area’s primary assets is its location adjacent to
Georgia 400, a limited access expressway, its proximity to the Windward Parkway interchange
in Alpharetta and to Forsyth County. This character area represents a quality of life that
embraces the concept of “live, work, play.” It is characterized by a mixture of higher density
residential, commercial and office uses. The retail and commercial uses along Highway 9, the
office uses along Deerfield Parkway and the numerous apa rtment units located south of
Bethany make this Character Area on of the main activity
centers for the City of Milton. There are also several
single family subdivision and townhouse developments.
The properties along both sides of Deerfield Road and
Morris Road provide a campus-style employment center
and office park. A significant amount of space in this
area has been developed and is available for lease. This
area provides a strong and realistic opportunity for mixed
uses at a regional scale in association with nearby
development in Alpharetta and with Forsyth County in
conjunction with the creation of a McGinnis Ferry Road
interchange on GA 400. The City of Milton recognizes the
development pressure that this character area faces. In
anticipation of the major growth projected for this area,
the city is taking a proactive approach to prevent or
mitigate the ill effects of unmanaged growth by
designating the area along Highway 9 and Bethany Bend
as a Priority Master Plan Area (defined on page X). This
designation indicates that a detailed master plan of the
area should be completed before further development of
the area.
Development Patterns in this Area
Creating a Master Plan for the Highway 9 Corridor
including Bethany Bend is a high priority for the
community, and it is strongly recommended that
development occur in this area only after the Master
Plan has been adopted.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 11
The existing patterns of mixed-use development within this Character Area should be
encouraged and expanded. There are a limited nu mber of vacant parcels, but there
nonetheless are opportunities for redevelopment along the Highway 9 Corridor and within
the Deerfield Character Area.
New non-residential development should adhere to the Highway 9 Overlay District
regulations and the Highway 9 Design Guidelines, where innovative design elements such as
locating parking to the rear, limiting signage and incorporating street trees and pedestrian
amenities are encouraged. To mitigate overdevelopment of parking areas, new parking
should only be developed in areas where shared parking or existing parking is not an option.
If necessary, new parking should utilize permeable paving alternatives and landscaping to
mitigate the deleterious effects of stormwater run-off, heat islands and other environmental
considerations.
To further the demand for employment opportunities in proximity to residential
development in the city of Milton, redevelopment of the Deerfield Character Area should
encourage professional uses and office space in addition to expanding existing commercial
and service sectors.
The majority of higher density residential development is currently within or adjacent to the
Deerfield Character Area, and new development in this Character Area should continue to
reflect traditional neighborhood design principles, such as smaller lots, mix of housing types,
access to pocket parks and pedestrian access to commercial services and community
amenities. Preservation of environmentally sensitive areas by setting them aside as public
parks, trails, or greenbelts should be encouraged.
Appropriate Land Uses in this Area
Parks, Recreation, and Conservation
Residential low: 1 Unit/ Acre or Less
Residential medium: 1-3 Units/ Acre
Residential high: 3-5 Units/ Acre
Residential Multi: 5 or more
Living-Working/Mixed Use
Retail & Service
Office
Community Facilities
Appropriate Zoning Districts in this Area
Single Family Dwelling District (R5A)
Townhouse Residential District (TR)
Medium Density Apartment District (A)
Community Unit Plan District (CUP)
Mixed Use District (MIX)
Community Business District (C1)
Commercial District (C2)
Office Institutional District (OI)
State Route 9 Overlay District
Quality Community Objectives pursued in this Area
Growth Preparedness Objective: The infrastructure to support the continued development
and redevelopment of the Highway 9 Corridor and adjacent areas within this Character
Area makes Deerfield stand out for its potential for live, work play development in the city.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 12
Appropriate Business Objective: This area accounts for much of the existing and future
development potential for commercial and service sectors to meet the needs of the
community.
Employment Options Objective: Continued development and redevelopment of this area
will localize employment opportunities in the Deerfield Character Area.
Open Space Preservation Objective: The need for pocket parks within this development has
been articulated by members of the community. Pocket parks will enhance and diversify
greenspace opportunities with the community.
Environmental Protection Objective: Future development within the Deerfield Character
Area should be mindful of significant environmental resources, including floodplains.
Continued development within this Character Area will lessen the demand for sprawl
patterns of development in other parts of the community.
Regional Cooperation Objective: There is recognized potential and efforts underway for the
city of Milton to cooperate with adjacent jurisdictions (City of Alpharetta and F orsyth
County) for an LCI/ CID project for the Highway 9 Corridor.
Transportation Alternatives Objective: The 2006 Milton Trails Plan identifies the expansion
of trails along both sides of the Highway 9 Corridor, portions of Webb Road, and McGinnis
Ferry Road in the Deerfield Character Area. MARTA service access in the southeastern
portion of the city and local transportation within Milton should be considered.
Regional Solutions Objective: The development of this Character Area, clustered around
Highway 9, Deerfield Parkway, and Windward Parkway, ties into adjacent developments
within Forsyth County (east) and City of Alpharetta (south), therefore a regional planning
approach to this area will be beneficial.
Housing Opportunities Objective: The Deerfield Character Area currently includes a
diversity of housing types, including apartments, townhouses, and single family detached
homes. It also includes potential for future development and redevelopment that will
expand the diversity of housing that currently exists within the community.
Infill Development Objective: The Deerfield Character Area has potential for
redevelopment that will include both new commercial and residential development, all of
which should be done in a way that results in a more homogeneous streetscape consistent
with Highway 9 design guidelines.
Sense of Place Objective: The Deerfield Character Area is a gateway for the city of Milton,
and development of commercial and residential design standards in this area will enhance
future development. Developing a Master Plan for the Highway 9 Corridor is a priority. As
it redevelops, it has the potential to emerge as a new activity center and focal point of the
community.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 13
Bethany
[map]
Narrative This area is made up of a variety of subdivisions developed in the 1990s and early
2000s. These neighborhoods are stable with a mixture of lot sizes and open space. Although
this area is located in close proximity to commercial activity centers in both the City of Milton
and Forsyth County, Bethany is unique in that it also retains some private amenities provided
within these residential subdivisions such as the golf course of the Crooked Creek subdivision.
Development Patterns in this Area
The predominant land use of the Bethany Character
Area should remain residential. Given its proximity to
the Deerfield Character Area and small pockets of
non-residential zoning, there may be pressure to
expand non-residential uses into stable residential
areas, but this should be strictly limited.
Redevelopment of the area to include higher density
multi-family residential uses should be avoided, and
new residential development should match the mix of
housing types and styles of established neighborhoods
in this character area. Existing recreational amenities
should be preserved and enhanced and connectivity
to the proposed Milton trail network should be
encouraged. This area would benefit from the creation
of pocket parks that would serve the residential
neighborhoods that lack such amenities.
The Highway 9 Corridor, which extends through both
the Deerfield and Bethany Character Areas, has been
identified as a corridor in need of a Master Plan.
Creating a Master Plan for the Highway 9 Corridor is a
high priority for the community, and development is
only encouraged in this area after the Master Plan has
been adopted. Development along Highway 9 in the
Bethany area should respect the unique character of
Bethany and should be distinct from, but compatible
with, development along Highway 9 in the Deerfield
Character Area.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 14
Appropriate Land Uses in this Area
Private Recreation
Parks, Recreation, and Conservation
Residential low: 1 Unit/ Acre or Less
Residential medium: 1-3 Units/ Acre
Residential high: 3-5 Units/Acre
Live Work/Mixed Use
Retail & Service
Office
Appropriate Zoning Districts in this Area
Agricultural District (AG1)
Single Family Dwelling District (R2A)
Single Family Dwelling District (R4A)
Single Family Dwelling District (R5)
Townhouse Residential District (TR)
Community Unit Plan District (CUP)
Community Business District (C1)-Limited to
what currently exists
Office Institutional District (OI)
State Route 9 Overlay District
Northwest Fulton Overlay District
Quality Community Objectives pursued in this Area
Open Space Preservation Objective: Golf courses and other recreational amenities account
for much of the open space within the Bethany Character Area. There is a need for multiple
pocket parks throughout the area.
Transportation Alternatives Objective: The 2006 Milton Trails Plan identifies the expansion
of the trail network into this area.
Housing Opportunities Objective: This area contains a higher density of residential
development than other Character Areas, but residents are nonetheless attuned to their
sense of rural community. This area provides diversity to the pattern of large lot
development that is typical of the rest of the community.
Infill Development Objective: The residents within the Bethany Area have expressed a
strong sense of community identity. Though much of the development is relatively new
(within the last 20 years), the existing character and pattern of development should be
respected.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 15
Crabapple
[map]
Narrative This Character Area has seen intense mixed use development at the crossroad of
Crabapple Road and Birmingham Highway with low density residential development radiating
outside of the core. There are at least two 1-acre lot subdivisions located in the Crabapple
character area. In addition within Crabapple there are several institutional uses – including
schools and places of worship. Crabapple represents a unique rural based village center that
would lend itself to becoming the “City Center” for Milton. Crabapple has the highest
concentration of historic resources of any character area
in Milton.
Development Patterns in this Area
Crabapple Crossroads serves as the activity center for
this Character Area, and is typical of village
developments with buildings clustered at the center, a
clearly defined perimeter, and surrounded by open
space and rural residential development. Buildings
will be architecturally integrated with the site and one
another, and developed at a sufficient scale to be
identified as an activity center, but will nonethele ss
promote pedestrian friendliness. Uses may include a
mix of residential, commercial and community
facilities. Crabapple Crossroads is connected to the
larger community via existing transportation networks
as well as the proposed community trail system.
Crabapple includes areas that are typical of Milton’s
distinct rural-residential land use pattern. New
development should match the typical densities found
within this area and should minimize undesirable
impacts on surrounding rural/ agricultural uses.
Significant site features, such as view sheds and
environmentally sensitive areas, should be enlisted as
amenities that shape identity and character of new
development within this character area.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 16
Appropriate Land Uses in this Area
Community Facilities
Residential low: 1 Unit/ Acre or Less
Residential medium: 1-3 Units/Acre
Live Work/Mixed Use
Residential high: 3-5 Units/Acre
Parks, Recreation, and Conservation
Private Recreation
Appropriate Zoning Districts in this Area
Single Family Dwelling District (R2)
Single Family Dwelling District (R3)
Single Family Dwelling District (R4)
Mixed Use District (MIX)
Community Unit Plan District (CUP)
Community Business District (C1)
Crabapple Crossroads Overlay District
Northwest Fulton Overlay District
Quality Community Objectives pursued in this Area
Regional Identity Objective: The Master Plan for Crabapple Crossroads defines traditional
architectural elements and patterns of growth for this area that reflect a tangible link to its
rural, agrarian roots.
Growth Preparedness Objective: Crabapple is identified as an area of future growth for the
community, and it contains the water/ wastewater infrastructure to support the build out
concept for the Master Plan. However, transportation infrastructure in this area still needs
improvement to support the build out of the concept for the Master Plan. The Master Plan
for this Character Area should be updated to reflect the current state of development, to
address the transportation issues/opportunities and to ensure that the development of this
area is completed in a way that is consistent with the original objectives of the Master
Plan. Additional development should not be promoted until this revised Master Plan is
completed and there are specific design standards in place for any such additional
development.
Appropriate Business Objective: As a rural village center, Crabapple provides limited
businesses that serve the needs of the local neighborhoods and is also a destination for
visitors from adjacent communities.
Employment Options Objective: Crabapple is one of three Character Areas that foster
concentrations of non-residential development and employment opportunities.
Heritage Preservation Objective: With the highest concentration of historic resources in the
city of Milton, Crabapple can inform design standards that are unique to the character of
the community.
Open Space Preservation Objective: The Crabapple Crossroads Master Plan considers the
need for open space preservation within its development boundaries.
Environmental Protection Objective: As a rural village center, future development in
Crabapple will need to be environmentally sensitive.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 17
Transportation Alternatives Objective: The 2006 Milton Trails Plan identifies the expansion
of the trail network into this area.
Housing Opportunities Objective: The Crabapple Crossroads Master Plan allows for the
development of single-family and multi-family housing options within its boundary.
Traditional Neighborhood Objective: The Crabapple Crossroad Master Plan calls for a mix
of uses at an appropriate scale for the area. However, a revised Master Plan will address
the need for more “balanced” development on both the east and west sides of this
intersection.
Infill Development Objective: The Crabapple Character Area has potential infill
development opportunities that should be pursued in order to achieve a better balance of
uses around this intersection.
Sense of Place Objective: Crabapple is probably the closest thing the Milton community
has to a traditional downtown area, even though it historically didn’t serve that function. It
should be considered for development as the Milton “City Center.”
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 18
Milton Lakes
[map]
Narrative This area represents a variety of neighborhoods in the southernmost portion of the
City, bordering the City of Alpharetta. There are environmentally sensitive areas such as several
water bodies and floodplain. The major corridors are Hopewell Road and Co gburn Road. These
corridors include mostly suburban neighborhoods developed in the late 1990s with a mixture of
lot sizes. Included in this area is Providence Park. There are several institutional uses such as
places of worship, schools and the site of the new high school at the intersection of Bethany
Road and Cogburn Road.
Development Patterns in this Area
This area reflects the rural-residential development
pattern typical of much of the city, but its access to
sewer as well as its proximity to commercial zoning
and institutional uses within the area suggest it may
be appropriate for a live-work pattern of
development. The intensity to which the live-work
concept has been developed within the Deerfield
Character Area would not be suitable for Milton Lakes,
and unlike Crabapple or Birmingham, there is no
identifiable “crossroads community” to anchor a
mixed use development. The possibility of sprawling
patterns of development exists in this area, and
mitigation against this should be a priority.
The predominant land use of the Milton Lakes
Character Area should remain residential, even
though there may be pressure to expand non-
residential uses into stable residential areas.
Redevelopment of the area to include higher density
multi-family residential uses should be minimized, and
new residential development should primarily match
the mix of housing types and styles of established
neighborhoods in this character area. Existing
recreational amenities should be preserved and
enhanced and connectivity to the proposed Milton
trail network should be encouraged. This area would
benefit from the creation of pocket pa rks that would
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 19
serve the residential neighborhoods that lack such amenities.
Development should be well designed and blend into existing neighborhoods and buffers
should separate more intense areas of development from nearby neighborhoods or other
lower intensity areas. New development on the edge of urbanized areas should minimize
undesirable impacts on surrounding residential uses.
The Milton Lakes character area contains a diversity of residential lot sizes, and future
residential development should reflect an average of the current diversity of densities and
housing patterns. Enhancements such as scenic corridor overlays and bicycle and pedestrian
trail options may augment existing development and mitigate the effects of sprawling
development.
Appropriate Land Uses in this Area
Parks, Recreation, and Conservation
Private Recreation
Community Facilities
Residential low: 1 Unit/Acre or Less
Residential medium: 1-3 Units/ Acre
Residential high: 3-5 Units/ Acre
Appropriate Zoning Districts in this Area
Agricultural District (AG1)
Single Family Dwelling District (R2)
Single Family Dwelling District (R2A)
Single Family Dwelling District (R3)
Single Family Dwelling District (R3A)
Single Family Dwelling District (R4A)
Single Family Dwelling District (R5A)
Townhouse Residential District (TR)
Community Unit Plan District (CUP)
Community Business District (C1)Limited to
what already exists
State Route 9 Overlay District
Northwest Fulton Overlay District
Quality Community Objectives pursued in this Area
Open Space Preservation Objective: Providence Park provides open space and recreational
opportunities within this Character Area.
Environmental Protection Objective: Milton Lakes contains water features including lakes
and floodplain that should be protected as this area transitions and development continues
to occur.
Transportation Alternatives Objective: The 2006 Milton Trails Plan identifies the expansion
of trails into this area.
Housing Opportunities Objective: The Milton Lake Character Area contains a concentration
of “open road” subdivisions, or neighborhoods that developed using existing road frontage.
There is a sense of identity among residents of these “open road” subdivisions.
Traditional Neighborhood Objective: This area contains civic/ institutional uses such as
schools and churches and will probably experience development pressure for additional
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 20
non-residential uses. Design standards should ensure traditional neighborhood
development patterns are implemented.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 21
Sweet Apple
[map]
Narrative Sweet Apple is made up of two areas located in the southwest portion of the City of
Milton, bounded by the City of Roswell on three sides. Horse farms, pastures and woodlands
dominate these areas. Two of the equestrian estates in the City are located in this character
area. Other uses include large rural sites and pleasant pastoral views.
Development Patterns in this Area
The Sweet Apple character area is typical of Milton’s
agricultural and rural-residential pattern of development.
It is dominated by its rural character and equestrian uses,
but is unique in that it is virtually surrounded by land
within the city of Roswell, outside of Milton’s jurisdiction.
The land use patterns in this area may be impacted by
land use decisions within the City of Roswell, as well as
the potential development of SR 140/ Arnold Mill Road,
but care should be taken to protect the existing uses and
rural character on the urban/ rural fringe. Economically
viable agricultural uses, such as forestry and equestrian
facilities, can be sustained in this area with the assistance
of preferential taxation programs. Estate residential uses
with limited hobby agricultural will also preserve the
pastoral character of the area.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Character Areas 22
Appropriate Land Uses in this Area
Agricultural, Equestrian, Estate
Residential (AEE)
Residential low: 1 Unit/ Acre or Less
Community Facilities
Parks, Recreation, and Conservation
Private Recreation
Appropriate Zoning Districts in this Area
Agricultural District (AG1)
Single Family Dwelling District (R1)
Quality Community Objectives pursued in this Area.
Regional Identity Objective: The Sweet Apple Character
Area is typical of the rural character embraced by the
City of Milton. The City must work closely with the City
of Roswell to ensure that the character of this area is
maintained in the face of future non-residential
development along SR 140.
Heritage Preservation Objective: The rural character of
these areas is a traditional feature of the community,
and mechanisms to ensure the preservation of land use
patterns and scenic views should be encouraged.
Open Space Preservation Objective: The agricultural
land use in this area lends itself to open space
amenities.
Environmental Protection Objective: The Sweet Apple
Character Area contains creeks, lakes, floodplain and
other environmentally sensitive areas.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Land Use Map and Supporting Classifications 1
Future Land Use Map and Supporting Classifications
The Future Land Use Map is a parcel-based map that identifies land use patterns using standard
categories, such as Residential, Commercial, Industrial, Public/Institutional, etc. The land use
designation for a particular parcel of land represents the City’s official policy for the
recommended future development of that parcel over the next 20 years. The Future Land Use
Map shows the land use designations of all the parcels of land within the City of Milton, and
this map will continue to guide future development and be an important tool in making zoning
decisions. A detailed description of each future land use classification is below.
There are eleven land use designations recognized and portrayed on the City’s future land use
map. They are 1) Agriculture, Equestrian, Estate Residential (AEE); 2) Low Density Residential
(LDR); 3) Medium Density Residential (MDR); 4) High Density Residential (HDR); 5) Multi-Familty
Residential (MFR); 6) Retail and Services (RS); 7) Office (O); 8) Community Facilities (CF); 9)
Private Recreation (PR); 10) Parks, Recreation and Conservation (PRC); 11) Mixed Use/Living-
Working (MLW).
Land use relates to zoning in that the zoning should be compatible with the land use
designation (see compatibility chart). Each land use designation is more generalized than any
individual zoning district and may be considered to be compatible with several zoning districts.
Since land use is more general and less specific, there are more zoning classifications than land
use designations. Zoning is a very specific means of regulating property as compared to land
use designation. The land use map and policies guide the land use pattern of the city in general,
while the zoning districts impose specific controls and permissions on property.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Land Use Map and Supporting Classifications 2
Residential: Residential uses include all properties where the principal structures are designed
for human habitation. Several residential categories, listed below, are shown on the Land Use
Map. The categories show the recommended densities per acre.
Agriculture, Equestrian, Estate Residential (AEE) – This category consists of scattered single
family homes, each on at least one acre, but are typically on several acres. This land use
promotes hobby farms, equestrian facilities, and large lot residential estates.
Low Density Residential (LDR) – This residential category consists of one single-family home
on at least one acre.
Medium Density Residential (MDR) – This residential category consists of one to three single
family homes per acre.
High Density Residential (HDR) – This residential category consists of three to five single
family homes per acre.
Multifamily Residential (MFR) – This residential category consists of five or more residential
units per acre. This could be single family homes, duplexes, townhomes and low to
moderate density apartments
Land Use Designation Compatible Zoning District
Agriculture, Equestrian, Estate Residential AG1, R1, R2
Low Density Residential R1, R2, R2A
Medium Density Residential R1, R2, R2A, R3
High Density Residential R1, R2, R2A, R3, R3A, R4, R4A
Multifamily Residential R1, R2, R2A, R3, R3A, R4, R4A, R5, R5A, TR, A
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Land Use Map and Supporting Classifications 3
Commercial: Retail, services and offices are appropriate uses in this category.
Retail and Service (RS) – Retail, service and office uses are appropriate uses in this category.
These uses may be located in a single building or as part of a shopping center.
Office (O) – Office uses are appropriate for this category. The office uses may be in single
office buildings as well as office parks.
Mixed-Use/Live Work (MLW): The purpose of the Mixed-Use/Live Work land use district is to
allow an appropriate and balanced mix of uses to create a living working environment at a scale
and character that is compatible with its surrounding community. Mixed-Use/Live Work areas
will be activity centers where the community can live, work, shop, meet and play. These areas
should be compact, pedestrian-oriented, with a mix of office, commercial and residential uses
and incorporate open space. This will result in the protection of environmental resources,
accessible open space, a balance of all modes of transportation, housing choices and civic
interaction. Detailed development standards are outlined below. Density will be defined by the
specific zoning conditions or overlay district as applicable.
Land Use
Live Work land uses should have a compatible mix of office, commercial, services,
institutional, civic and residential uses. These should be integrated both vertically and
horizontally. The uses within the live work areas should be in proximity to each other in
order to encourage walking and to increase mobility to those who do not drive,
especially the elderly and the young. Within the Live Work land use there should be
transition of land uses, height and density. The Work land use should also serve the
adjacent community.
Live Work areas should have an integrated transportation system. The transportation
system should provide connectivity within the node and to a nd from the surrounding
community. The transportation system should incorporate automobile, transit when
available, bicycle, and pedestrian facilities. The streets should form an interconnected
transportation network. This street network will create options, improve access and
mobility, shorten auto trips and reduce congestion. Interconnected networks of streets
should be designed to promote walking, biking, and transit usage where present. The
pedestrian and bicycle facilities should facilitate safe, attractive and convenient
pedestrian and bicycle circulation and minimize conflicts between pedestrians and
vehicles.
Open Space
A range of parks and open space, from village greens to active recreation and passive
open space, should be distributed throughout the Live Work district. Open space should
be centrally located and accessible for the enjoyment of residents and work ers. Open
space and parks could be used to define and connect neighborhoods and uses.
Environmentally sensitive areas should be protected and their fragmentation should be
avoided. At least 20% of a development should be set aside as open space.
Housing Live Work areas should have a diversity of housing types to meet the needs of the
workforce and of City residents.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Land Use Map and Supporting Classifications 4
General
20% of the project shall be comprised of open space of which the community gathering
space is a part.
Projects that are 15 acres or less shall have two uses of which residential is one of the
uses.
Projects that are 15 acres or more shall have three uses of which residential is one of the
uses.
Live Work projects shall provide a balance of uses with a minimum of 20% of each of the
uses on the site and/ or in the area.
Land Use Designation Compatible Zoning District
Retail and Service MIX, C1, C2
Office OI, MIX, M1-A
Mixed Use/Living- Working AG1, R1, R2, R2A, R3, R3A, R4, R4A, R5, R5A, TR, A, OI, MIX, C1, C2,
CUP, NUP
Community Facilities (CF): this land use includes public uses such as community centers,
government facilities such as senior centers, health centers, fire and police stations, libraries,
government centers, and schools, semi-public uses such as churches and cemeteries and
institutional uses such as hospitals.
Private Recreation (PR): Privately owned recreational facilities such as golf courses and
common open spaces are included in this land use.
Parks, Recreation and Conservation (PRC): This includes parks, open space and recreational
facilities owned by public entities.
Land Use Designation Compatible Zoning District
Community Facilities AG1, R1, R2, R2A, R3, R3A, R4, R4A, R5, R5A, TR, A, OI, MIX, C1, C2, CUP,
NUP, M1, M2, M1-A
Private Recreation AG1, R1, R2, R2A, R3, R3A, R4, R4A, R5, R5A, TR, A, OI, MIX, C1, C2, CUP,
NUP, M1, M2, M1-A
Parks, Recreation and
Conservation
AG1, R1, R2, R2A, R3, R3A, R4, R4A, R5, R5A, TR, A, OI, MIX, C1, C2, CUP,
NUP, M1, M2, M1-A
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Future Land Use Map and Supporting Classifications 5
Compatibility Chart
Land Use
Designation
Zoning Classifications AG1 R1 R2 R2A R3 R3A R4 R4A R5 R5A TR A CUP NUP OI MIX C1 C2 M1 M2 M1-A Retail &
Service
Office
Mixed
Use/Living
Working
Community
Facilities
Private
Recreation
Parks,
Recreation,
Conservation
Agricultural,
Equestrian,
Estate
Residential
Low Density
Residential
Medium
Density
Residential
High Density
Residential
Multifamily
Residential
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Policies 1
Policies
The following policies identify the recommendations of the community and give direction to
community leaders for future decision-making. They are derived from the broad issues
identified in the Community Vision and Issues and Opportunities and have been r efined
through feedback from CPAC and community members throughout the comprehensive
planning process. Consideration was also given to a variety of existing plans and small area
studies adopted by the community, including The Crabapple Crossroads Plan (2003),
Birmingham Crossroads Plan and Development Standards (2004), Maintaining Rural Character
in Northwest Fulton County, Georgia (2001), The Milton Trails Plan (2007), The Milton
Transportation Plan (2009) and the Partial Plan Update for the City of Milton, Georgia (2010).
1. Economic Development Policies
1.1. We will identify and put in place the requisites of the desired quality of life within our
community and carefully consider costs as well as benefits in making decisions on
proposed economic development projects.
Strategy: Balance housing, transportation, infrastructure, resource protection and
economic development considerations in decision making.
Strategy: Utilize the unique economic assets of Milton to attract appropriate and
sustainable economic activities that can be accommodated without changing the
character of the City.
Strategy: Encourage diversified economic development centers within mixed-use non-
residential areas and balance commercial densities with local demand, being mindful of
existing vacant commercial space.
Strategy: Ensure the city’s economic development initiatives are fiscally sustainable and
will enhance community revenues to support the Comprehensive Plan.
Strategy: Implement use of a financial model as one criterion in decision making on
economic development projects.
1.2. We will support programs that retain, expand and create businesses that provide a
good fit for our community’s economy in terms of job skills required and links to
existing businesses and locate them appropriately within the City.
Strategy: Support the existing agricultural and equestrian related economy of the city.
Strategy: Support the development of small businesses within the community.
Strategy: Support the growth of knowledge-based industries and office/professional
uses in designated employment centers.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Policies 2
1.3. We will consider access and/ or impacts to housing and transportation when
considering economic development projects.
Strategy: Support the use of planning studies, value studies, cost/benefit studies and
analyses of sustainability to identify cost effective projects.
Strategy: Limit the expansion of business and/or commercial uses into established,
stable residential areas.
Strategy: Identify primary employment areas that motivate out-of-city commuting
patterns and focus economic development initiatives to recruit those employment
sectors to the city.
1.4. We will consider impacts on infrastructure and natural resources in our deci sion
making on economic development projects.
Strategy: Limit the expansion of facilities and services to areas close to existing
infrastructure before extending into areas that require larger extensions and/or greater
costs.
Strategy: Encourage adaptive reuse of existing facilities and infill development in
established areas to accommodate new commercial enterprises where appropriate and
consistent with the land use and infrastructure development policies and vision of the
City of Milton.
1.5. We will consider employment needs and skill levels of our existing population in
making decisions on proposed economic development projects.
Strategy: Work with the Greater North Fulton Chamber of Commerce, Cherokee and
Forsyth Counties, the cities of Alpharetta, Roswell, and Johns Creek, and other
organizations to encourage expansion and retention of professional jobs within
employment centers in the City of Milton and surrounding jurisdictions.
Strategy: Encourage recruitment of individuals with disabilities for jobs in various
employment sectors.
2. Natural and Cultural Resources
2.1. We will encourage the preservation of natural resources areas and preserve
contiguous green open spaces development of land in appropriate designated areas
as development occurs.
Strategy: Maintain density neutral development practices through innovative land
development techniques, such as conservation subdivisions and transferable
development rights.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Policies 3
Strategy: Acquire conservation easements for the protection of environmental sensitive
land.
Strategy: Promote low impact site development that encourages maintaining the
natural topography and existing vegetation on a site when feasible, and in some case
when required.
Strategy: Encourage projects that protect and/or integrate the preservation of natural
areas, stream corridors, and green space as amenities and required development.
2.2. We will encourage new development to locate in suitable locations close to
transportation and infrastructure resources in order to protect environmentally
sensitive areas, agricultural lands, and valuable historic, archaeological or cultural
resources from encroachment.
Strategy: Cross check proposed development sites with inventories of existing natural,
historic, archaeological, and cultural resources to prevent encroachment on these sites.
Strategy: Designate areas of valuable historic archaeological or cultural resources
through the city’s historic preservation ordinance to mitigate impacts of new
development.
Strategy: Ensure development/infill projects are consistent with land use policies and
citizen wishes to protect and preserve the low-density rural areas of Milton.
Strategy: Work with public utilities to protect the rural viewshed and other natural and
scenic views.
2.3. We will consider potential impacts to air and water quality in making decisions on
new developments and transportation improvements, and we will steer new
development away from sensitive natural resource areas.
Strategy: Encourage new development projects to commit to providing water, storm
water, and air pollution control facilities that fully meet and exceed city standards.
Strategy: Encourage changes to current codes that address air and water quality
improvements and/or which provide flexible design that results in a reduction of ai r or
water quality impacts.
Strategy: Encourage local governments and/or local land trusts to acquire stream
corridors along the Little River corridor and their tributaries to provide floodway
protection, natural habitat corridors, and passive recreation resources.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Policies 4
2.4. We will expand the identification, documentation, and protection of historic cultural,
and archaeological resources in the city, and when possible encourage access by the
public.
Strategy: Review and refine existing inventories of historic, cultural, and archaeological
resources to include previously undocumented resources.
Strategy: Collaborate with local and regional libraries and archives, as well as local
historians and long-time residents, to document previously undocumented resources.
Strategy: Ensure historic and cultural sites that are open to the public are barrier-free,
ADA accessible venues.
Strategy: Identify those elements of the rural landscape (i.e. trees, fences, hedgerows,
structures, etc.) that contribute to rural character and scenic viewsheds within the
community.
2.5. We will promote the protection and maintenance of trees and contiguous green open
space in new development.
Strategy: Promote community awareness regarding the economic value and
sustainability of green space preservation and maintenance of existing vegetative cover
and protection of trees.
Strategy: Promote design standards which favor the retention of existing trees above
new plantings.
Strategy: Ensure existing tree canopy along scenic streets and other public rights of way
are protected.
2.6. We will protect ground and surface water sources to promote the maintenance of
safe and adequate supplies of water.
Strategy: Adopt the appropriate recommendations to protect existing water quality
consistent with the City’s land use policies, and as recommended by the Metropolitan
North Georgia Water Planning District, ARC, Fulton County Water Resources that
protect ground and stream water quality.
Strategy: Coordinate with Fulton County, Forsyth County, Cherokee County, and other
local governments in implementing the three comprehensive plans adopted by the
Metropolitan North Georgia Water Planning District to ensure adequate supplies of
drinking water, protection of water quality, and minimized impacts of development on
the District’s watersheds and downstream water quality.
Strategy: Consider expansion of riparian buffers for sites affected by topography, soils,
wetlands, or other conditions that may accelerate groundwater or surface water
intrusion.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Policies 5
Strategy: Coordinate programs of Fulton County Water Resources to conserve outdoor
water use.
3. Facilities and Services
3.1. We will incorporate sustainable policies and practices in projects undertaken and
services offered by the City of Milton.
Strategy: Design government buildings to meet Green certification standards.
Strategy: Work with Milton Grows Green to implement environmentally responsible
policies and practices.
Strategy: Explore certification through the Atlanta Regional Commission’s Green
Communities program.
3.2. We will explore opportunities for multiple transportation alternatives.
Strategy: Implement the recommendations of the Milton Transportation Plan and
Milton Trails Plan.
Strategy: Consider the development of bicycle and pedestrian transportation modes to
provide barrier free alternative travel opportunities for short trips.
3.3. We will invest in parks and open space to enhance the quality of life for our citizens.
Strategy: Develop and implement Master Plans for Birmingham Park, Providence Park
and Bell Memorial Park, ensuring that multiple needs of multiple users are met (i.e.
children, youth, adults, the elderly, individuals with disabilities, etc.)
Strategy: Identify and protect other areas that serve as parks or parklands to the City’s
residents, such as pocket parks, equestrian areas, greenways, and other recreational
lands.
Strategy: Work with Fulton County to provide community parks, regional parks, and
large active and passive recreation facilities, including consideration of barrier free
access to all amenities, to serve City residents and visitors.
Strategy: Encourage parks and other green spaces to be protected in perpetuity through
appropriate legal mechanisms.
3.4. We will seek opportunities to provide pleasant, accessible, public gathering places
and parks throughout the community.
Strategy: Develop community gathering spaces and pocket parks in village and
neighborhood centers to serve as meeting places and destinations.
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Strategy: Establish appropriate requirements for new development to set-aside specific
amounts of land for green space or meet acceptable alternative requirements to
provide for future needs for green space.
Strategy: Ensure public gathering spaces have barrier-free, ADA compliant amenities.
3.5. We will determine an appropriate location(s) for a city hall/government center within
the city.
Strategy: Consider a location that will best serve residents and visitors to the community
Strategy: Consider a location that will allow for future expansion of municipal functions.
Strategy: Maintain current levels of service for fire and police protection to the
southeastern area of Milton if the fire/police are relocated to a city hall/government
center elsewhere in the community
Strategy: Consider an area that can accommodate the traffic demands without
exacerbating congestion or posing a burden upon the city’s transportation networks.
Strategy: Ensure the site is ADA accessible and planned with b arrier free access.
3.6. We will work with the Fulton Public Schools to encourage school location decisions
that support overall growth and development plans of the community.
Strategy: Encourage the Fulton County Public Schools to improve access and egress in to
existing school properties to minimize traffic disruption and congestion.
Strategy: Encourage Fulton County Public Schools to locate future facilities that is
consistent with the Milton future land use plan.
Strategy: Encourage Fulton County Public Schools to design new schools consistent with
the design standards unique to Milton including site planning, building design, access/
egress, parking configuration, and tree preservation/replacement review.
Strategy: Work with Fulton County Public Schools to identify opportunities to use
recreational fields during periods when the schools are not using the facilities.
3.7. We will seek ways for new growth to pay for public infrastructure and services to
support the development to the maximum extent possible.
Strategy: Work with private developers to encourage the development of public
infrastructure by building connections to existing infrastructure and new development
sites.
Strategy: Adopt an impact fee ordinance and use impact fees for specific improvements
allowed by state law.
Strategy: Actively pursue partnerships and grant opportunities to facilitate
infrastructure expansion and enhance community services.
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3.8. We will use planned infrastructure expansion to support development in areas
identified as suitable for such development in the Comprehensive Plan.
Strategy: Encourage the balanced development of Crabapple Crossroads, Birmingham
Crossroads, Hwy 9 and Arnold Mill that is 1) consistent with land use policies and
adopted overlays or master plans for the areas, and 2) concurrent with needed
infrastructure improvements.
Strategy: Encourage the stated development of character areas concurrent with the
growth of service infrastructure as a method of maintaining sustainability.
Strategy: Establish and protect defined development boundaries and sustainable density
levels to identify and maintain appropriate edges between areas with planned
infrastructure and adjacent areas where infrastructure may be unplanned or deferred.
3.9. We will promote enhanced initiatives for solid waste reduction and recycling.
Strategy: Coordinate solid waste management with Fulton County and other cities in the
County.
Strategy: Reduce the volume of waste entering the solid waste disposal system by
sponsoring recycling education, and provide opportunities and incentives to sort
plastics, paper, glass, metals and other materials.
Strategy: Require private waste management contractors to provide curbside recycling
options.
Strategy: Consider the long term alternatives to use of landfills.
4. Housing
4.1. We will accommodate our diverse population by encouraging a c ompatible mixture of
housing types, densities and costs within the City.
Strategy: Encourage a mix of housing types, densities and amenities appropriate for the
development patterns of each character area to accommodate a mix of income and
family needs.
Strategy: Develop accessibility guidelines and policies for ADA accessible homes concept
to accommodate full participation in housing choice by people with disabilities.
Strategy: Promote policies that protect the existing low-density, rural residential
housing throughout the Birmingham, Central Milton, Arnold Mill, and Sweet Apple
Character Areas of the City.
Strategy: Promote policies that provide more housing choices, includin g apartments,
town homes, condominiums, and single family homes with smaller footprints on smaller
lots in the Deerfield Character Area.
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Policies 8
4.2. We will encourage development of housing opportunities that enable residents to
have easier access to commercial services and employment opportunities.
Strategy: Increase and expand mobility in neighborhoods with more barrier free bicycle,
wheelchair, and pedestrian options.
Strategy: Construct more sidewalks or alternative pathways that connect homes to work
and shopping facilities as well as parks/gravel roads and institutional uses, as
appropriate.
Strategy: Integrate housing transportation and land use plans to improve mobility to
and from jobs and other primary destinations.
4.3. We will encourage housing policies, choices and patterns that increase opportunities
for people to move into affordable owner-occupied housing.
Strategy: Encourage the completion of undeveloped parcels in existing subdivisions.
Strategy: Identify opportunities for infill residential development in existing
neighborhoods.
Strategy: Assess community housing stock to accurately determine the current mix of
residential uses and identify areas of need.
5. Land Use and Development Patterns
5.1. We will encourage development that is sensitive to the overall setting of the
community and will contribute to our community’s character and sense of place.
Strategy: Obtain broad support for the Comprehensive Plan from community leaders
and the public through education initiatives and consensus -building meetings.
Strategy: Encourage the maintenance of equestrian and agricultural areas with large
tracts of land in order to maintain this important aspect of the community.
Strategy: Protect natural areas, floodplains, wetlands, tree canopy, heritage, and
specimen trees through strict adherence to codes during site preparation and
construction, and avoidance of clear-cutting.
Strategy: Encourage land uses which integrate the rivers and streams and
environmental aesthetics into their planning and design.
Strategy: Protect the dark night sky especially in lower density residential, conservation
and natural areas of the city.
5.2. We will encourage development of a balanced network of commercial activity centers
that are vibrant areas of the community which, 1) improve overall attractiveness and
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Policies 9
local quality of life 2) meet the service needs of our citizens and 3) avoid unattractive
and inefficient sprawling strip development.
Strategy: Emphasize the development of barrier-free smaller, pedestrian oriented
streets, shops and parking in the denser areas of the city to support existing structures
and appropriate commercial uses.
Strategy: Encourage compact mixed-use development in the Crabapple Crossroads Area
as reflected in the Crabapple Crossroads Master Plan; the Birmingham Crossroads Area
as reflected in the Birmingham Crossroads Master Plan; and along Hwy 9 and Arnold
Mill Road pursuant to a Master Plan.
Strategy: Provide safe accessible crossings for persons who are blind, deaf, and/or
wheelchair users.
5.3. We want development whose design, landscaping, lighting, signage and scale add
value to our community.
Strategy: Create more specific, detailed design guidelines for Hwy 9, Arnold Mill Road
(SR 140), and other specific areas of the City.
Strategy: Develop context sensitive standards for protecting and enhancing rural
viewsheds in the City.
5.4. We will create gateways to establish a “sense of place” for our community.
Strategy: Create consistent images (including the equestrian logo) to help “brand”
Milton as a unique and desirable community on street signs, public buildings, and public
vehicles. Incorporate branding images into City documents, special event signage, and
gateways to the City.
Strategy: Identify prospective sites for unique public signs at the major gateways to the
City and acquire rights to place substantial gateway signs that convey pride and sense of
place.
Strategy: Identify specific design standards for public gateway investments (i.e. signage,
landscape, hardscape, sidewalks, lighting, street furnishings etc.)
5.5. We will encourage mixed-use developments, where appropriate, that are human -
scale, less auto-oriented and include neighborhoods that are walkable, bicycle and
wheelchair friendly.
Strategy: Coordinate infrastructure design where appropriate to provide barrier-free,
safe, walkable connections between activity centers, institutions and residential
neighborhoods.
Strategy: Encourage developers to incorporate appropriate amenities such as sidewalks
or pathways, shallow front setbacks, porches, streetlights, street furnishings, and small
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Policies 10
green space sites in grid-style TND development patterns close to existing
transportation and community facility infrastructure.
Strategy: Provide local street and/or pedestrian connections between existing and new
subdivisions in addition to access from primary streets.
5.6. We will be open to land planning and development concepts that may be new to our
area, but have been tried successfully in other places.
Strategy: Consider using transfer of development rights as a method to protect the low -
density, rural and agricultural areas of the city.
Strategy: Consider adopting policies and standards related to “Universal Design” and/or
“Visitable Homes” concepts.
5.7. We support appropriate residential and non -residential infill development and
redevelopment in ways that complement surrounding areas.
Strategy: Support infill development that meets appropriate design standards on local
streets within the city.
Strategy: Encourage infill of existing subdivisions and development projects as a priority
before constructing new residential subdivisions.
6. Transportation
6.1. We will encourage walking, biking, car-pooling, and other alternative transportation
choices in making development decisions.
Strategy: Encourage new development projects adjacent to the proposed Milton Trail
Network.
Strategy: Support the inclusion of sidewalks, alternative pedestrian pathways, bicycle
lanes, equestrian trails and multipurpose lanes in the design of local and collector
streets where feasible.
6.2. We will target and encourage transportation improvements that support desired
development patterns for the community.
Strategy: Consider creating a “Complete Streets” program to establish road design
criteria that includes consideration of transit, bicycle, and pedestrian measures of
service in addition to automobile levels of service.
Strategy: Promote connectivity of our road network through fostering a grid network of
streets in newly developing areas and establishing multiple local street access
connections between residential subdivisions.
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Strategy: Consider options for an internal transit shuttle, that may connect to MARTA
services, to serve as a transportation alternative for local residents.
6.3. We will require that our new and reconstructed roadways be appropriately designed
using context sensitive design considerations to enhance community aesthetics and
to minimize environmental impacts and accommodate multiple functions, where
appropriate.
Strategy: Coordinate context sensitive road design with adjacent development design,
including identification of appropriate rural road standards on city roads in the low -
density rural, agrarian, and equestrian areas.
Strategy: Encourage the use of bioswales, rain gardens, and other forms of natural
drainage adjacent to transportation corridors to mitigate stormwater run -off and
enhance community aesthetics.
Strategy: Leverage rural road design, roundabouts, context sensitive design
characteristics, and other alternatives to enhance community aesthetics.
Strategy: Keep and maintain gravel roads where they encourage preservation of existing
rural character consistent with polices of the City of Milton.
6.4. We support creation of a community-wide barrier free pedestrian/ bike path
network.
Strategy: Implement the recommendations of the 2006 Milton Trails Plan.
Strategy: Establish priorities for sidewalks and bicycle lanes not reflected in the 2006
Milton Trails Plan and identify criteria for their development.
6.5. We will limit the impacts of excessive vehicular traffic on the peaceful nature of our
existing residential neighborhoods by using traffic calming, signage, and other des ign
considerations.
Strategy: Implement the recommendations of the 2009 Milton Transportation Plan.
Strategy: Protect existing neighborhoods from traffic impacts along travel corridors
through traffic calming methods such as signage, lane markings, warning signals, speed
humps, reduced speed limits, or other means.
Strategy: Appropriate traffic calming methods should also be applied to arterials and
collectors as needed to improve protection of automobile, transit, freight, bicycle, or
pedestrian users and adjacent land uses.
7. Intergovernmental Coordination Policies
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7.1. We will proactively identify opportunities t o share facilities and services with
neighboring jurisdictions when they would be mutually beneficial.
7.2. We will initiate efforts to work with neighboring jurisdictions to develop shared
solutions for regional issues (such as growth management, watershed protection,
transportation solutions, etc.)
7.3. We will initiate efforts with neighboring jurisdictions to pursue joint processes for
collaborative planning and decision-making.
7.4. We will consult with Fulton County and other public entities in our area when making
decisions that are likely to impact them.
7.5. We will provide input to Fulton County and other public entities in our area when
they are making decisions that are likely to have an impact on our community or our
plans for future development.
7.6. We will engage in cooperative planning between the City of Milton, Fulton County,
and Fulton County Public Schools in regard to the appropriate location and use of
schools as community facilities, as well as needed transportation improvements to
accommodate traffic to, from and around schools and improve opportunities for
walking, biking, and other forms of alternative transport for individuals of all abilities.
8. Financing
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 1
Implementation Measures
The Implementation Measures pursued in each Character Area were compiled from the
State Planning Recommendations as well as community feedback throughout the
Comprehensive Planning process. The list was reviewed by CPAC, city staff, and project
consultants to streamline options and include those that were most effective and
practicable within the community vision and scope of this plan. Utilizing State Planning
Recommendations as a guide, descriptions of each implementation measure tailored to
the specific needs of Milton were developed by CPAC, city staff, and project consultants.
Citizens provided feedback on how and where these measures would be most effective.
The following summary identifies proposed implementation measures considered for
the scope of the plan, and the following table identifies each character area to which
the implementation measure is particularly relevant.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 2
Economic Development Implementation Items
Choosing Businesses to Recruit and Support : Prepare and economic
development plan targeting specific needs in the community
Evaluating Business Formation: Analyze the rate and causes of growth and
decline in local businesses.
Financial Impact: Evaluate the financial implications of prospective businesses;
use modeling software to evaluate alternatives and tax implications for
prospective businesses with and without incentives
Coordination: Proactively engage and coordinate development activities with
the Milton Business Alliance and the Greater North Fulton Chamber of
Commerce; actively seek opportunities for partnerships with these organizations
and leverage these opportunities for additional community development and
improvement
Seek Synergies: Identify and proactively recruit businesses just outside Milton to
relocate to Milton; promote employment opportunities for those that live in
Milton.
Gathering Community Opinions on Economic Development: Input on types of
businesses stakeholders support and want in the community.
Identifying Workforce Training Resources: Finding training opportunities to
match the need of the local workforce. These may be from formal educational
programs, private providers, specialized workforce training (such as from a
department of labor), or other sources.
Tracking Business Needs: Collecting information on local economic conditions
and local business needs.
Agricultural Marketing: Assisting local farmers in selling their products. This can
include agri-tourism, farmers’ markets and similar activities. Revise zoning
ordinance to reflect the allowance of agri-tourism and farmer’s market activities.
Niche Marketing: Marketing the community as a regional center for a particular
purpose or attraction, such as commercial activity, tourism, education, medical
services, arts, recreation, etc.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 3
Natural and Cultural Resource Protection Implementation Items
1. Cultural Resources
Archaeological Sites Survey: Collect and record information about archaeological
sites for future protection from development. The completed survey should be
kept in GIS database for use in reviewing planning, zoning and development
applications.
Historic Resources Design Standards: Develop and implement design standards
for infill and material design changes to historic properties or districts to
maintain historic integrity and significance.
Grants: Identify grant opportunities to preserve and improve historic structures.
2. Environmentally Sensitive Resources
Proactively Manage Water Resources: Manage and protect watersheds; ensure
integrity and quality of aquifers
Environmental Planning Criteria for Wetlands: Establish local protection for
wetlands that may extend beyond the regulations recommended by state or
federal agencies.
Environmental Planning Criteria for Steep Slopes: Establish local protection for
areas with steep slopes that may extend beyond the regulations recommended
by state or federal agencies.
Enforce Riparian Buffer Standards: Require strips of land along banks of streams
and rivers to be set aside from development to protect water quality.
Floodplain and River Protection: Study potential greenway and greenspace
protection through land trusts, preservation via easements, etc.
3. Ordinances and Regulations
Environmental Impact Review: Modify current ordinance to require a formal,
comprehensive analysis of environmental effects of proposed developments that
may suggest mitigation measures.
Storm water Management: Consider low impact design for new developments
Conservation Design: Include conservation design techniques in new
development, study the use of conservation subdivision regulations and transfer
of development rights and prepare ordinances as needed to implement them.
Green: Create an ordinance to support a green infrastructure.
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Implementation Measures 4
4. Alternative Ownership
Conservation Easements: Develop a mechanism for the protection of natural
resources or open space that involves donation of private property development
rights in exchange for income tax, property tax or estate tax benefits. A
conservation easement is a legally binding agreement between a property owner
and a governmental body or land trust that restricts the amount and type of
development on the land.
Preserve Land: Identify land that can be permanently protected natural
resources, open space or farmland.
Utilize a Land Trust: Non-profit land trusts, working with communities, to save
valued areas (generally environmental resources) through voluntary land
conservation; typically a private, non-profit entity that may serve multiple
functions include holding and monitoring easements, education and advocacy.
Facilities and Services Implementation Plan
Create Pocket Parks: Small (1-3 acres) open spaces throughout a community
that may be publicly owned or owned and managed by nearby residents and
property owners. They provide free, open access to green space in more
densely developed areas and contribute to protection of wildlife and landscape.
They may feature the work of local artists, provide smal l-scale play equipment
or simply provide a welcome resting place for pedestrians.
Create Trails and Greenway Networks: Trails and greenways positively impact
individuals and improve communities by providing not only recreation and
transportation opportunities, but also by influencing economic and community
development. Study the feasibility of creating a Milton Greenway.
Milton Trails Plan: Update the Milton Trails Plan to be consistent with the
Milton Parks Master Plan.
Creation of City Center: Complete City needs analysis and develop a short and
long range plan for the location and development of a “city center” for Milton
Integration of School Locations: Proactively seek to engage with the School
Board to anticipate locations for new and/or rebuilt schools and ensure that the
infrastructure requirements are clearly understood and addressed as a part of
any such development
Park Development: Develop and implement a comprehensive parks plan
(including programming) that considers the entirety of parklands and/or
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 5
programs available; work with surrounding communities to realize any
economies of scale that are feasible.
Fire and Police Services: Location analysis study to determine locations for new
police precincts and fire stations,
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 6
Housing Implementation Items
Inventory Current Housing: Conduct in-depth study of existing housing
availability, condition and status in a locality, providing important information
about communities’ housing needs and the health of the housing market.
Conventional Residential Subdivisions: Develop and enforce an ordinance
requiring that as new subdivisions are developed they are required to be livable
and sustainable; providing more connectivity, pedestrian and bicycle
accessibility, open space and amenities.
Redevelopment/Retrofitting of Existing Residential Subdivisions: Develop and
enforce an ordinance that requires connectivity, pedestrian/bicycle accessibility,
open space and amenities as appropriate
Development Standards: Create, adopt and enforce a development standard
ordinance for residential development in each Character Area.
Encourage Creative Design for Higher Density: Encouraging the design of higher
density development to blend with the surrounding neighborhood, perhaps by
masking the high-density aspects of the development through landscaping or
architectural details. For example, multi-family housing can be designed to
appear as a single-family residence from the street, or heavy landscaping can be
used to hide parts of the development.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 7
Land Use and Development Controls Implementation Items
1. Land Use
Agricultural Buffers: Require new non-agricultural development adjacent to
active agricultural uses to provide an agricultural buffer to minimize future
potential conflicts between them; require new agricultural development
adjacent to residential uses to provide a buffer to minimize future potential
conflicts between them
Agricultural Use Notice and Waiver: Require new non-agricultural uses abutting
or within 1,000 feet of active agricultural land uses to sign a waiver and deed
restriction against future nuisance complaints about agricultural operations and
their noise, odor or other effects into perpetuity.
Agricultural Land Use Regulations: Develop incentives to encourage
preservation of agricultural operations
Agricultural Zoning: Establishing zoning districts with very large minimum lot
size requirements appropriate for agricultural uses in order to protect farmland
and rural character and limit development of urban uses.
Agricultural Residential Zoning: Divide current AG-1 zoning classification into
truly agricultural uses and residential uses. Create an “Estate Residential” zoning
district.
Conservation Use Valuation: A property tax system based on the current use of
land (agriculture, forestry, or environmentally sensitive) instead of the Fair
Market Value for ad valorem taxation; enrollment in this program is at the
discretion of the local Board of Assessors and requires commitment to a 10 -year
renewable covenant that restricts the use of the property during the covenant
period.
Arnold Mill, Highway 9 and Crabapple Areas: Create a master plan for each of
these areas to guide land use and/or redevelopment; prepare a TND ordinance
or Form Based Code to allow for more traditional neig hborhood design within
appropriate character areas.
2. Development Standards
Develop Landscape Design Guidelines: May include requirements for protection
of existing trees, planting of trees that will create a certain amount of shade
over time, establishment of landscaped strips as buffers between
developments, etc. Benefits include creation of safe shaded areas for
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 8
pedestrians and bicyclists, preservation and restoration of natural scenic
qualities, mitigation of building and parking lot impact, and addition of aesthetic
character.
Promote Environmentally Sensitive Site Design: Designing a development to
protect environmentally sensitive areas and prevent mass grading and clear -
cutting.
Sustainable/ Green Design for Development: Creating environmentally-sound
and resource-efficient buildings by using an integrated approach to design;
promoting resource conservation, energy efficiency, renewable energy and
water conservation features; reducing operation and maintenance costs; and
addressing issues such as historic preservation, access to public transportation
and other community infrastructure systems. Create and adopt minimum
Green Design Standards for, at a minimum, specific areas of the City.
Development Performance Standards: Establishes minimum criteria for
assessing whether a particular project is appropriate for a certain area in terms
of its impact upon, and compatibility with, surrounding land uses. For example,
performance standards might seek to reduce traffic impacts instead of
restricting the type of land use for a particular site.
Develop and Enforce Design Standards and/or Guidelines : Review architecture,
aesthetics, and site characteristics of new commercial and multifamily
development to achieve compatibility with existing development and maintain
community character. Review and revise as necessary existing design overlay
districts and criteria, including the Arnold Mill area.
Create Consistent Imaging. Provide entryway signage denoting the city limits on
important corridors. Further, require signage to be designed as part of overall
signage package plans within specific areas that will reinforce/promote the
Milton brand (e.g., at Crabapple and Birmingham).
3. Development Controls/Regulations
Purchase of Development Rights: Purchase of private development rights, by a
qualified conservation organization or government agency, to protect properties
from development and preserve open space.
Provide for Transferable Development Rights: Develop an ordinance that will
enable landowners in an area planned to remain as open space to sell their
property development rights for use in other “receiving” areas of the
community where higher density development can be accommodated.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 9
Purchasing these additional development rights enables developers to build at
higher density than would otherwise be allowed in the receiving areas.
Establish an Impact Fee Ordinance: Impose a fee collected by a local
government on new or proposed development to help assist or pay for a portion
of the costs where new development may increase needed public services;
impact fees may only be assessed for capital improvements and may not be
used for operating expenses.
Create a Conservation Subdivision Ordinance: Residential or mixed use
development with a significant portion of site a set aside as undivided,
protected open space while dwelling units or other uses are clustered on the
remaining portion of the site.
Create micro Parks. Create small (less that 1 acre) public spaces that may or
may not be green, but will serve as gathering places and respite areas for the
public. Typically these are found in commercial areas. They may also feature
public art or other amenities. These are sometimes referred to as “micro-parks.”
Monitor Septic Systems: Develop an ordinance that will require septic systems
to have a maintenance and operating permit that runs with the land. Renewal
would require inspection by City or a third party authorized by City. Permits
would require a fee that would be used to educate property owners and enforce
minimum requirements for monitoring and maintenance of existing septic
systems.
Transportation Implementation Items
1. Pedestrian and Alternative Transportation Options
Walkability Audit: Conduct a walkability assessment based on commonly used
measurements such as connected street networks, high densities at
intersections, few dead ends, short block lengths, and mixed land uses in close
proximity to one another.
Transportation Linkages: Explore transit and multi-modal linkages especially
between Crabapple and Deerfield.
Transit: Explore opportunities for the expansion of transit in appropriate areas of
Milton
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 10
2. Corridor Enhancements
Perform Commercial Corridor Studies: Identify and plan for needed
improvements along a strip commercial corridor. Such a study typically involves
key stakeholders (property owners, businesses, neighborhood leaders, service
providers) to achieve consensus on improvements to be made along the
corridor.
Develop Rural Viewshed Districts: Protect rural views by requiring land uses to
complement rather than detract from the rural experience.
3. Design Elements
Roadway Planning, Design and Operation: Use context sensitive design for
streets as appropriate for roadway planning, design, and operation that takes
into account compatibility, livability, sense of place, urban design, cost and
environmental impacts while meeting transportation goals of safety, efficiency,
capacity, and maintenance.
Utilize Flexible Street Design Standards: Revising street design requirements in
local development regulations to adjust streets to the scale of the neighborhood
and types of traffic they serve. Revisions may include reducing required street
widths, requiring bicycle lanes, or adding on-street parking.
“Complete Streets Model:” Create a complete streets program to establish road
design criteria that includes consideration of bicycle and pedestrian measures of
service in addition to automobiles levels of service.
4. Traffic Movement
Traffic Impact Studies: Develop and implement criteria for conducting traffic
impact studies that will enable the local governments to determine the
transportation demands of development proposals and provide for reduction of
adverse impacts on the transportation system.
Incorporate Traffic Calming Measures: Physical improvements designed to
decrease traffic speed and increase the pedestrian-friendliness of roadways.
Typical traffic calming improvements include bump-outs, pedestrian refuges,
landscaped medians, raised crosswalks, narrower traffic lanes, and creation of
on-street parking.
Connectivity. Required connections in and between new residential
developments
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Implementation Measures 11
Transportation Plan: Implement recommendations set forth in the Milton
Transportation Plan
Intergovernmental Coordination
Identify Areas of Coordination with Other Programs, Jurisdictions, Agencies and
Organizations: Local governments, within other planning or program
jurisdictions, must ensure consistency regarding goals, objectives, plans and
programs, such as the Governor’s Greenspace Program, Water Planning Districts,
etc.
Identify Areas of Planning Coordination with Other Governments and Public
Entities: Local governments should strive to maintain consistency regarding
goals, objectives, plans, and programs with other local governments, agencies
and authorities, including comprehensive plans of adjacent or potent ially
affected local governments; annexation, municipal incorporation, and joint
service delivery areas; applicable portions of plans of school boards and other
public entities related to the sitting of new facilities that may require local
government service support and affect land use patterns.
Be Proactive: Seek participation by Milton residents/representatives in regional
and intergovernmental activities; promote community involvement in regional
opportunities
Implementation Matrix
L= Long Term Item to be initiated in 5+ years; S= Short Term Item to be initiated in 1 - 5 years.Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Choosing Businesses to Recruit and Support L S S S
Evaluating Business Formation L S S S
Financial Impact L S S S
Coordination L S S S
Seek Synergies L S S S
Gathering Community Opinions on Economic Development S
Identifying Workforce Training Resources S
Tracking Business Needs S
Agricultural Marketing S S S S S
Niche Marketing S
Archaeological Sites Survey S
Historic Resources Design Standards S
Grants ONGOING
Proactively Manage Water Resources ONGOING
Environmental Planning Criteria for Wetlands S
Environmental Planning Criteria for Steep Slopes S
Enforce Riparian Buffers Standards ONGOING
Floodplain S
Environmental Impact Review S
Conservation Design S
Green Initiatives S
Conservation Easements S
Preserved Land L
Utilize a Land Trust L
Economic Development Implementation Items
Cultural Resources
Environmentally Sensitive Resources
Ordinances and Regulations
Alternative Ownership
Natural and Cultural Resource Protection Implementation Items
Implementation Matrix
L= Long Term Item to be initiated in 5+ years; S= Short Term Item to be initiated in 1 - 5 years.Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Economic Development Implementation Items
Create Pocket Parks S S S S
Create Trails and Greenway Network S
Milton Trails Plan update S
Creation of City Center S&L S&L
Integration of School Locations S
Park Development S&L
Fire and Police station and precinct locations study S
Inventory Current Housing S
Conventional Residential Subdivisions S
Redevelopment/Retrofitting of existing residential
subdivisions L
Development Standards S
Encourage Creative Design for Higher Density L S S S
Agricultural Buffers S S S S S S
Agricultural Use Notice and Waiver S S S S S S
Agricultural Land Use Regulations S S S
Agricultural Zoning S S S
Agricultural Residential Zoning S S S S S
Conservation Use Valuation S
Arnold Mill, Highway 9 and Crabapple Areas S S S S
Develop Landscape Design Guidelines S
Promote Environmentally Sensitive Site Design S
Sustainable/ Green Design for Development S&L
Development Performance Standards S
Facilities and Services Implementation Plan
Housing Implementation items
Development Standards
Land Use
Land Use and Development Controls Implementation Items
Implementation Matrix
L= Long Term Item to be initiated in 5+ years; S= Short Term Item to be initiated in 1 - 5 years.Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Economic Development Implementation ItemsDevelop and Enforce Design Standards and/or Guidelines S
Create Consistent Imaging S
Purchase of Development Rights L
Provide for Transferable Development Rights S&L
Establish and Impact Fee Ordinance S
Create a Conservation Subdivision Ordinance S
Create mini Urban Parks S S
Monitor Septic Systems S
Conduct a Walkability Audit L S S S S L
Transit L
Transportation Linkages L
Perform Commercial Corridor Studies L S S
Develop rural viewshed districts S S S S
Use Context Sensitive Design for Streets S
Utilize Flexible Street Design Standards S
Complete Streets S
Conduct Traffic Impact Studies S
Incorporate Traffic Calming Measures S
Connectivity L
Transportation Plan ONGOING
Pedestrian and Alternative Transportation Options
Corridor Enhancements
Transportation Implementation Items
Development Controls/Regulations
Design Elements
Traffic Movement
Implementation Matrix
L= Long Term Item to be initiated in 5+ years; S= Short Term Item to be initiated in 1 - 5 years.Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Economic Development Implementation Items
Identify Areas of Coordination with Other Programs,
Jurisdictions, Agencies and Organizations S
Identify Areas of Planning Coordination with Other
Governments and Public Entities ONGOING
Be Proactive
ONGOING
Intergovernmental Coordination Implementation Items
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Economic Development
ED1
Economic Development Plan to attract
businesses to Milton. Including agricultural
and equestrian economic development
x x
Community
Development &
Chamber
Staff General Fund
ED2
Create an information database of economic
development resources including a list of
vacant buildings and available commercial
properties that can be identified and
managed by a GIS system
x x
Community
Development &
Chamber
Staff General Fund
ED3 Evaluate tax implications for prospective
businesses.x x x x x Community
Development Staff General Fund
ED4
Evaluate business license requirements and
fees for Milton as compared with adjacent
jurisdictions to insure that rates are
competitive and will encourage new
businesses to locate inside the city.
x Community
Development Staff General Fund
ED5 Expand the North Fulton CID to include
Deerfield and along Hwy 9 x x
Community
Development, CID
Chamber
Staff General Fund
Natural and Cultural Resources
NRC1 Create an historic zoning code x x Community
Development Staff
NRC2 Develop and implement Design Standards
for historic properties x x Community
Development Staff
NRC3
Pursue grant funding from GA Forestry
Commission to conduct a Tree Canopy Study
to establish a baseline for tree preservation
x x Community
Development 30000
Georgia
Forestry
Commission
Grant
2011 application for
2012 award and
implementation
Short Term Work Program 2011-2015
Page 1 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
NRC4
Implement an inventory of current street
trees within key areas of Milton, such as
Crabapple Crossroads, Birmingham
Crossroads, and Highway 9 Corridor that can
be identified and managed by a GIS system.
x x Community
Development
Georgia
Forestry
Commission
Grant
NRC5 Review ordinance for adequate local
protection for wetlands x Community
Development General Fund
NRC6 Review ordinance for adequate local
protection for areas with steep slopes x Community
Development General Fund
NRC7
Study potential greenway and greenspace
protection through easements, land trusts,
etc.
x x
Community
Development &
Parks and
Recreation
120000 General Fund To be proposed as part
of the 2011 budget
NRC8 Create ordinance to support the creation of
green infrastructure x Community
Development Staff General Fund
Facilities and Services
Parks and Recreation
FS1 Parks and Recreation 15-year
Comprehensive Plan x Parks and
Recreation 25000 Capital Based on survey results
and assessment plans
FS2
Complete a Greenprint Plan to identify key
elements of Milton's green infrastructure
and identify mechanisms and
recommendations for its acquisition,
preservation and community use.
x x
Community
Development &
Parks and
Recreation
Capital
FS3 Revise the Birmingham Park Master Plan x Parks and
Recreation 25000 Capital Revisit 2005 Plan/New
Concept Plan
FS4 Trail Plan Update x Parks and
Recreation 15000 Capital
Revisit existing Trail Plan
using Needs Assessment
Data and staff input
Page 2 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
FS5 Trail Plan Implementation x x x Parks and
Recreation 1000000
$300,000 Trail
Fund/ $700,000
Capital Fund
FS6 Crabapple Crossing Park Partnership x Parks and
Recreation 75000 Capital
Partnership with
Crabapple Crossing to
develop 2 acres as
neighborhood park
FS7 Crabapple Community Center/Park x Parks and
Recreation 40000 Capital Site Plan, Construction
Doc, Site Improvements
FS8 Bell Memorial Park Improvements x Parks and
Recreation 50000
$40,000 - HYA
Reinvestment/$
10,000 Capital
Fund
Phase II - Drainage
Project, New Dugouts (2-
4), Green Initiatives-RR
Faucets, lights, heaters,
field netting, Bennett
House interior
FS9 Bethwell Community Center & Park x Parks and
Recreation 110000 Capital
Site Plan, Construction
Doc, Playground, Arbor,
Parking, Building
Improvements
FS10
Hopewell Middle School/Cogburn Woods
and Birmingham Fall Elementary School
Improvements
x Parks and
Recreation 75000 Capital
Based on IGA for facility
usage, will allow City to
utilize field space for
several years-includes 3
multi-purpose fields, 1
baseball/softball field,
etc.
Page 3 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
FS11 Park Sign Program x Parks and
Recreation 15000 Capital
New Park entrance signs
and add directionals
along roadways
FS12 Land Acquisition/Site Improvements x x x x x Parks and
Recreation 200000
$100,000
Capital
Fund/$100,000
MARTA Funds -
$160,000 for
purchase,
$40,000 for
improvements
FS13
Identify and Create Pocket parks in the
Bethany, Deerfield, Crabapple and Arnold
Mill Character Areas consistant with the
future Master Plans of the Character Areas
x x x x x
Parks and
Recreation &
Community
Development
Capital
underway in Deerfield
and Crabapple. Bethany
forthcoming. Arnold
Mill is a longer term
priority
FS14
Create a Master Plan for Providence Park
and implement construction per the Master
Plan recommendations
x x Parks and
Recreation Capital
Community Development
FS18
Pursue certification through the Atlanta
Regional Commission's Green Communities
program.
x x x Community
Development Staff General Fund
More information on
this program is available
at
http://www.atlantaregi
onal.com/html/4708.as
px
FS19
Pursue LCI grant funding for Windward
Parkway/Deerfield with Alpharetta and
North Fulton CID and or Crabapple
x Community
Development 100000 General Fund &
ARC Grant
FS20 Gateway Grant Program x x
Community
Development &
Public Works
10000 Gateway Grany
& General Fund
Page 4 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
Police
FS21 Improve current training curriculum options
for city police officers.x police/
administration
FS22 Improve reporting software for police
department. x police/
administration 200000
FS23
Plan the location for police stations to
maintain adequate service coverage
throughout the city. Also applies to Fire
Dept
x x x police/fire/
administration
Fire
FS24 Improve current training curriculum options
for city fire personnel.x fire/
administration
FS25 Expand EMS service to Advanced Life
Support (ALS)x fire/
administration 80000
FS26 Continue to expand the large animal rescue
program. x fire/
administration
FS27 Continue renovations to Station 41 x fire/
administration 60000
FS28
Plan the location for fire stations to maintain
adequate service coverage throughout the
city. Also applies to Police Dept
x x x police/fire/
administration
Public Works
FS29 Continue to make improvements to the city
Maintenance Facility. x Public Works 50000 Capital
FS30 Develop and implement a stormwater
management plan for Bell Memorial Park. x Public Works Capital in progress
Administration
FS31 City Hall x Administration 200000 General Fund in progress
Page 5 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
FS32
Sponsor recycling education programs and
increase opportunities for curbside recycling
options.
x x x x x Administration General Fund
Housing
H1
Undertake a city wide housing survey to
determine the existing diversity of housing
types, sizes, and values throughout Milton.
x Community
Development General Fund
H2 Ordinance for New Subdivisions x x
Community
Development &
Public Works
General Fund
H3 Develop Creative Design Guidelines for
higher density Housing x Community
Development General Fund
Land Use and Development Controls
LUDC1
Review and evaluate city wide buffer
requirements and establish alternative
requirements as needed to mitigate
incompatibilities of adjacent land uses.
x Community
Development Staff General Fund
LUDC2
Agricultural/Equestrian incentive land uses
and zoning. Review and evaluate the
standards of the Northwest Fulton Zoning
Overlay and the AG-1 Zoning District to
ensure protection of residential uses,
traditional agriculture, and equestrian uses.
Assemble a committee of citizens and
stakeholders to discuss alternatives and
make recommendations for improvements.
x x Community
Development Staff General Fund
LUCD3 Adopt Development Regulations - Unified
Development Code x Public Works Staff General Fund
Page 6 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
LUDC4
Create a Master Plan for the Highway 9
Corridor, including visual design standards,
and if appropriate, impose a moratorium on
development until the Master Plan can be
complete.
x x Community
Development 80000 Capital
LUDC5
Create a Master Plan for the SR 140/ Arnold
Mill Road Corridor, including visual design
standards collaborating with the City of
Roswell
x x Community
Development 120000 Capital
LUDC6
Prepare a Traditional Neighborhood
Development (TND) ordinance or
appropriate Form Based Code
x Community
Development Capital
LUDC7 Develop Rural Viewshed Districts x x Community
Development Staff General Fund
LUDC8 Establish a Green Building Ordinance x Community
Development
Grants &
Capital
LUDC9
Establish a Transfer of Development Rights
and Purchase of Development Rights
program
x x Community
Development
$75,000
(feasibility
study)
Capital
LUCD10 Establish an Impact Fee Ordinance x x Community
Development 80000 Capital
LUDC11
Develop a conservation development design
ordinance that is compatible with vision and
policies of the Comprehensive Plan for the
city of Milton.
x x Community
Development Staff General Fund
LUDC12 Establish a system to monitor septic systems x
Community
Development &
Fulton Health
Department
General Fund
Page 7 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
LUDC14
Conduct a parking audit of existing surface
parking in the city to determine if the
amount is disproportionate to need and
review current parking regulations to
determine if too much surface parking is
required for new development.
x Community
Development General Fund
LUDC15
Develop digital and web-based information
systems to better inform citizens of land use
and development matters and other
elements of the planning process.
x x x x x
Community
Development &
GIS
Staff General Fund ongoing
LUDC16 Crabapple Master Plan Update including
transportion x x Community
Development General Fund
Transportation
T1 Context Sensitive design for Streets
improvements x x x x x Public Works Capital
T2 Create a Complete Streets Program x x x x x
Public Works &
Community
Development
Capital
T3 Develop criteria for traffic impact studies for
development proposals x
Public Works &
Community
Development
T4 Install new compliant road signs, as required
by safety studies and engineering review. x Public Works
T5 Rebuild Cogburn Road Bridge x Public Works 500000 Capital/GDOT
$100,000 is Milton's
portion, the balance is
GDOT
T6 Replacement of Landrum Road Bridge x Public Works 320000 Capital/GDOT
$64,000 is Milton's
portion the balance is
GDOT
T7 Pavement Management Plan x x x x x Public Works 1.75M Capital ongoing
Page 8 STWP
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Short Term Work Program 2011-2015
FN-199 Install fiber optic cable and upgrade traffic
signal system along SR 9.x GDOT State Funding
FN-206
SR 140/ Arnold Mill Road at New Providence
Road installation of turn lanes, intersection
realignment and streetscape improvements.
x x x Public Works &
GDOT $2.8M
State High
Priority Project
Fund
FN-209
SR 372/ Birmingham Highway at Providence/
New Providence Road intersection
realignment and improvement, as well as
streetscape improvements.
x x x Public Works &
GDOT $4M
State High
Priority Project
Fund
FN-237
Mayfield Road and Mid-Broadwell Road
intersection realignment with drainage and
streetscape improvements.
x x x Public Works
State High
Priority Project
Fund
Intergovernmental Coordination
IC1
Proactively seek opportunities for Milton's
Council, staff & residents to be involved in
development discussions/coordination with
other jurisdictions, esp. Forsyth, Cherokee,
Alpharetta and Roswell
x x x x x
Adminitration
Community
Development
IC2 Increase Milton's presence/influence with
the North Fulton Chamber x x x x x
Adminitration
Community
Development
IC3
Work with Alpharetta and Roswell to
develop an amicable system for non-
resident park usage
x x
Adminitration
Parks and
Recreation
Page 9 STWP
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Long Term and Ongoing Activities
1
Long Term and Ongoing Activities
Economic Development
Maintain relationships with partners to foster coordination and leveraging of
opportunities
Track and collect information on local economic conditions and local business needs
Proactively recruit businesses outside Milton to relocate to Milton
Promote employment opportunities for those who live in Milton
Continue to utilize financial software and tools to evaluate the financial impact of new
businesses to the city
Periodically audit business fees and incentives to ensure economic competitiveness
Natural and Cultural Resources
Continue to aggressively seek grant opportunities for various projects
Proactively manage water resources
Enforce the City’s buffer standards
Preserve land and utilize all tools available including land trusts to aid in the acquisition
of lands
Facilities and Services
Continue developing the Parks and Recreation system to include parks and
programming, the greenway network and trails
Continue to be proactive in engaging the Fulton County School Board to appropriately
locate new schools
Implementation of the fire and police facilities plan
Housing
Redevelopment/Retrofitting of existing residential subdivisions
Encourage creative design to mitigate the look of higher density housing developments
Land Use
Maintain the rural character of the city
Institute and maintain sustainable/green building practices
Transfer and purchase of development rights
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Long Term and Ongoing Activities
2
Transportation
Expand regional public transit to parts of the city where expansion is most appropriate
Create and maintain intra-city transit and multi-modal linkages within the city
Promote inter-neighborhood connections in new developments to aid in traffic
movement
Continue the implementation and periodic review of the Comprehensive Transportation
Plan
Intergovernmental Coordination
Identify areas of planning coordination with other governmental and public entities
Proactively seek opportunities for Milton’s council, staff and residents to be involved in
development discussions/coordination with other jurisdictions, especially with Forsyth
County, Cherokee County, the City of Alpharetta and the City of Roswell
In the event that Milton County actualizes the Comprehensive Plan should be revised
accordingly
City of Milton 2030 Comprehensive Plan:
Draft Communtiy Agenda
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
Expansion of North Fulton CID to include
Deerfield X
This is part of Milton's economic
developemtn strategy,informal discussion
have been initiated with the North Fulton
CID.
None Identified
Write the Historic Preservation
Ordinance X
Write the Tree Preservation Ordinance X
Storm water Maintenance/ NPDES
Projects X
Develop a septic tank education
program X
The Commuity Development Department
plan to publish online newsletters on
various topics including septic tank
education.
Support a hazardous waste education
program X
Public Safety Department Vehicles and
Radios X
Renovation of Milton Fire Station on
Thompson Road including furniture,
fixtures and equipment X
Reconstruct or relocate fire station on
Arnold Mill Road X
City of Milton Park Development -
General Park Development Projects X
Bell Memorial Park/ Playground/ Parking
Lot/ Lighting/ Restoration
Partially
complete
The playground and parking lot are
complete
Assessment and Inventory of Parks in
Milton X
Economic Development
Housing
Natural and Historic Resources
Community Facilities
1 11/7/2010
City of Milton 2030 Comprehensive Plan:
Draft Communtiy Agenda
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
Birmingham Park Master Plan/ Phase 1:
Construction
Partially
underway
The Master Plan is budgeted for 2011.
Phased items will be scheduled per the
master plan
Bell Memorial Park Enhancements X
Providence Park Building Repair and
Renovation
X
This Park is not yet under the City of
Milton's jurisdiction. The park will become
the City of Milton's property in 2012, after
which a master plan will be intiated.
Bell Memorial Park Maintenance Facility
X
This project was mis-identified. The
maintenance facility was slated for
Birmingham Park not Bell Memorial Park
(see item below)
Birmingham Park Maintenance Facility X See explanation above
Birmingham Park Phase II
X
The Master Plan is budgeted for 2011.
Phased items will be scheduled per the
master plan
Providence Park General Site
Improvements
X
This Park is not yet under the City of
Milton's jurisdiction. The park will become
the City of Milton's property in 2012, after
which a master plan will be intiated.
Park Land Acquisition and Park
Enhancements X
New 25,000 sq ft library to be located in
Milton X
Fulton County has not yet identified a site
for this library.
Miscellaneous Unit Price Water Lines N/A N/A N/A N/A This is County function
Land Acquisition for Water System
Projects N/A N/A N/A N/A This is County function
DOT Reimbursement for Water Main
Relocations N/A N/A N/A N/A This is County function
Sewer Standby Projects N/A N/A N/A N/A This is County function
2 11/7/2010
City of Milton 2030 Comprehensive Plan:
Draft Communtiy Agenda
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
Wastewater Control Improvements N/A N/A N/A N/A This is County function
FCS-MI
New Birmingham Elementary School
with 54 instructional units and
elementary school support facilities X
FCS-M2
New Bethany/ Cogburn Road High
School with 99 Instructional Units and
high school support facilities X
FCS-M3
New Freemanville Road Middle School
with 77 instructional units and middle
school support facilities X
Design Guidelines for State Route 9
Highway Corridor X
Update to Comprehensive Plan X
LCI Plan for Design of Streetscape X
Arnold Mill Road Master Planning Study X Budgeted for 2011
Land Use/ Economic Development
Information Database X
PI#7312a-b Transportation Master Plan X
FN-206
(#533)a
SR 140/ Arnold Mill Road at New
Providence Road - Intersection
Improvement X
FN-209
(#544)b
SR 372/ Birmingham Highway at New
Providence Road - Intersection
Improvement X
Landrum Road Bridge - Bridge
Replacement X
Milton Trail - inspect trail sites and
include compliance with ADA in planning
before plan is adopted X
The new revised Trail Plan will consider ADA
criteria in planning and design
Land Use
Transportation
3 11/7/2010
City of Milton 2030 Comprehensive Plan:
Draft Communtiy Agenda
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
Citywide Sidewalks Program and Safe
Routes Program X This is an ongoing maintenance project
Traffic Calming X This is an ongoing maintenance project
Traffic Signs and Signals Maintenance X This is an ongoing maintenance project
Bridges and Dams Inventory and
Maintenance X
The inventory is complete, the maintenance
is ongoing
Pavement Management X This is an ongoing maintenance project
CC-1a FN-237
(PI#7313)b
Crabapple Traffic Improvements Projects X
CC-2b
Crabapple Streetscape Implementation
Projects X
New High School related improvements
to Cogburn Road corridor, stream
crossings and intersections X
4 11/7/2010
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Service Delivery Strategy 1
Service Delivery Strategy
Consistency with Service Delivery Strategy Agreement
In 1997, the Georgia General Assembly enacted the Local Government Services Delivery
Strategy Act (HB 489). This bill was created to limit duplication among local governments and
authorities that provide local services and establish processes to assist in the resolution of
disputes between local governments. This legislation is important to avoid the past problems
that have arisen when cities and counties were in dispute over public services or annexation of
unincorporated lands.
When the City of Milton was established in December 2006, a formal ordinance was adopted to
maintain the laws and ordinances of Fulton County as the laws of the City of Milton. Ordinance
No. 06-11-01 was the first ordinance adopted by the City of Milton and provided for the
continuation of the ordinances and the laws adopted by Fulton County during the two -year
transition period allowed by the State of Georgia for the establishment of the City of Milton and
the adoption of new ordinances and laws by the City of Milton. The Service Delivery Strategy
agreements with Fulton County are assumed to be continued until the City of Milton adopts
such ordinances to establish a replacement for services provided by the county or until an
agreement is made between the City and some other entity to provide those services.
The status of the current Service Delivery Strategy agreement among incorporated and
unincorporated Fulton County jurisdictions is unsettled. Therefore there is no Service Delivery
Strategy agreement that Milton is a part of.
Table X is a list of all the services in the last Service Delivery Strategy agreement (October 2005)
along with notes on the current provision and whether the City of Milton should consider
providing those services in the future.
Actions to Update the Service Delivery Strategy
The City of Milton’s service delivery strategy is based on providing excellent local services for
the city with the resources available to the city and working with Fulton County and other
communities to provide those services that could best be provided at a larger scale. The
constitutional county officers will continue to provide services to the residents of the city.
However, a Service Delivery Strategy is needed to provide formal agreements regarding what
services are needed, what the probable costs are expected to be, and what level of services are
sought.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Service Delivery Strategy 2
Shared Agreements for Facility or Service Provision
The following table identifies some of the groups that have been formed by potential
governmental partners to participate an aid in coordination of issues and service delivery.
Multi-Jurisdictional Committees, Work Groups and Associations
Group Participants Purpose
Metro Atlanta Mayors’
Association
Mayors of most cities
within the core Metro
Atlanta area
Discussion and coordination of
general issues and needs among
the jurisdictions
Fulton County Mayors’
Luncheon
Mayor of all cities in Fulton
County and the Chair of the
Fulton County Commission
Discussion and coordination of
general issues and needs among
the jurisdictions
Atlanta Regional
Commission
All jurisdictions within the
designated Metro Atlanta
Area
Regional strategies to address
growth and development issues
as required by GA DCA.
Fulton County Schools
Transportation Committee
Elected officials from North
Fulton and members of the
Board of Education
Discuss transportation issues and
promotion of the use of school
buses
Substantive Issue Areas
Annexation. Each local government is required to have and follow a dispute resolution
procedure for annexations and land use changes, and the Atlanta Regional Commission is
responsible for determining compatibility of proposed land use plans and comprehensive plans
with other affected local governments. The recent incorporation of the City of Milton and the
concurrent annexation of unincorporated land up to Milton’s city limits by Alpharetta and
Roswell have left no room for the annexation of any additional land by t he City of Milton in
Fulton County. Even though the adjacent portions of Cherokee County and Forsyth County are
unincorporated, the City of Milton is unlikely to annex any property in either of the adjacent
counties.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Service Delivery Strategy 3
Schools. The Fulton County Board of Education serves the area of Fulton County outside the
city limits of Atlanta, including the cities of Milton, Alpharetta, Roswell, Johns Creek, and
Mountain Park in the north, and College Park, East Point, Fairburn, Hapeville, Union City,
Palmetto, Chattahoochee Hills, and unincorporated portions of Fulton County in the south.
Past efforts by the Fulton County Board of Education tended to site school facilities based on
the availability of large parcels of land with good transportation access rather than working
with local land use and transportation planners. Recently Fulton County Board of Education
purchased property in northern Milton for the location of a high school and a middle school
occurred shortly after the city denied zoning for a private school to be built on the same
property. These gestures have led to Milton residents calling for better intergovernmental
coordination for school siting between the school board and the City.
Independent Development Authorities. The North Fulton Community Improvement District
(CID) is a self-taxing district that uses additional property taxes on land within the CID area to
help accelerate transportation and infrastructure improvement projects. CIDs provide a
mechanism to charge for the implementation of vital transportation enhancements and
relevant land use and zoning strategies to enhance mobility and improve access to the North
Fulton activity centers.
Although the North Fulton CID does not include land in Milton, it is active in Alpharetta and one
of its board members is appointed by the city of Milton. The city’s Director of Engineering and
Public Works serves as the chief staff-level transportation planner and is a participant in all
meetings of the CID. The CID is working closely with the cities of Alpharetta and Roswell on
advancing the completion of Westside Parkway, a key arterial and vehicular roadway for
relieving congestion on Highway 9, North Point Parkway and to a degree, Georgia 400 and the
City of Milton. In this capacity, the CID leverages private sector funds to accelerate the project
and coordinates the efforts of the two cities. The North Fulton CID thus aids the city in
advancing transportation infrastructure projects at a more rapid pace.
The City of Milton does not have an independent development authority. Adjacent cities
partner with the Fulton County Development Authority (FCDA), which is an independent
authority, on specific projects. While not an active participant in local land use planning, the
Fulton County Development Authority can serve as a tool by which commercial projects are
attracted to the city, thus contributing to the realization of the future land use plan.
Additionally the City is actively coordinating with economic development specialists at the
Greater North Fulton Chamber of Commerce. A local economic development plan is being
prepared by staff with assistance from community stakeholders and business groups.
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Service Delivery Strategy 4
Developments of Regional Impact (DRIs). Developments of Regional Impact (DRIs) are those
developments that are likely to have effects outside of the local government jurisdiction in
which they are developed. The Georgia Planning Act of 1989 established the DRI process. The
Department of Community Affairs (DCA) established the procedures for review of these
projects. The DRI process is utilized to improve communication between affected governments
and provide a means of assessing potential impacts and conflicts the development may create.
20 year Comprehensive Plan
Service Considerations for future service
Milton Fulton Alpharetta Atlanta Other/Notes Comments
911 X
Animal Control X
Milton should consider taking the lead on large
animal control and rescue.
Arts Grants Program X
Arts Program X
Atlanta/Fulton County Public Library X
Boards of Equalization X
Building Inspections & Permits X
Building Maintenance X
Code Enforcement X
Courts (Superior,State, Juvenile) X
Courts (Municipal)X
Computer Maps (GIS)X
Disability Affairs X
District Attorney X
Drug Task Force X X Milton will have own HIDTA Milton should coordinate with Fulton County.
Economic Development X X Cities and county work cooperatively
Mitlon should take the lead in its own
economic development and programs.
Elections X
Countywide elections are provided by
Fulton. Municipal elections are handeled by
Fulton on a cost reimbursement basis
Milton should consider and study the feasiblity
of providing its own elections.
Electricity X
Provided through contacts with GA power
& Sawnee EMC Milton will continue this arrangement.
Emergency Management X Provided by AMR Ambulance Co.
Milton should consider and study the feasiblity
of providing its own emergency management.
Engineering X
Environmental Health X X
Environmental Regulations X
Fire X
Provider
Service Delivery 2010
20 year Comprehensive Plan
Service Considerations for future service
Milton Fulton Alpharetta Atlanta Other/Notes Comments
Provider
Service Delivery 2010
Fulton County Airport X
Hartsfield Jackson Atlanta International
Airport X
Homelessness X
Housing X No housing programs in Milton
Indigent Care X
Law Enforcement (Police )X
Law Enforcement (Marshal)X
Management Information System X
Marta X
Medical Examiner X
Mental Health/Development
Disabiltiy/Addictive Disease (MH/DD/AD)X
Parks X
Physical Health X
Planning and Zoning X
Public Defender X
Purchasing X
Recreation Programs X
Recycling Programs/Curbside X
Provided through contacts with private
waste haulers.Milton will continue this arrangement
Refuse Collection X
Provided through contacts with private
waste haulers.Milton will continue this arrangement
Senior Centers X None located in Milton.
Milton will consider providing senior centers
for its senior residents.
Solicitor X X
Street Construction X
Street Maintenance X
Storm Water X
Tax Assessment X
Vehicle Maintenance X
20 year Comprehensive Plan
Service Considerations for future service
Milton Fulton Alpharetta Atlanta Other/Notes Comments
Provider
Service Delivery 2010
Voter Registration X
Milton should consider and study the feasiblity
of providing its own voter registration
Wastewater (Treatment & Collection)X
Water System (Treatment & Distribution)X
Welfare Services X
Workforce Development X
Milton should consider and study the feasiblity
of providing its own workforce development
per Milton's own economic development plans.
Yard Waste Collection X
Provided through contacts with private
waste haulers Milton will continue this arrangement
City of Milton 2030 Comprehensive Plan: Draft Community Agenda 11-1-2010
Supplemental Plans
1
Supplemental Plans
Supplemental Plans
This section incorporates by reference the following documents that focus on special areas,
situations or issues of importance to the community.
Crabapple Crossroads Plan, approved June 4, 2003
Birmingham Crossroads Plan and Development Standards, approved March 3, 2004
Maintaining Rural Character in Northwest Fulton County, Georgia plus appendices (also
known as The Rural Preservation Ordinance), approved December 5, 2001
Milton Trails Plan Trails Plan, approved July, 2007
Milton Transportation Plan, approved December 21, 2009
Page is too large to OCR.
Page is too large to OCR.
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H o p ew e ll R d
Providence R dBirmingham RdFrancis RdBethany BendBatesville RdW indward PkwyHickory Flat RdN e w P ro v idence R d Mayfield RdCox RdW ood RdTaylor RdMountain RdS. Thompson RdDorris RdFreemanville RdHamby RdDinsmore RdRedd RdLackey RdThompson RdWestbrook RdHenderson RdC re e k C lu b D rMorris RdBrittle RdSummit RdNix RdKing RdRowe RdEbenezer RdDay R d
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Donegal LnPowers Court AveP u c k e t t R d
N . P a r k L n
Freemanwood LnN. Fields PassSonata LnSaddlesprings D r
Brookshade PkwyBlack Oak RdY o r k C v A r c h g a t e C t
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Canonero DrPony Tail RdSimmons Hill RdLunetta LnGlen National D r Providence Park DrCreek PtKnox Hill DrG a t e s M ill W a y Old Cedar LnPetersford WayHallbrook Ln1999140140372372372400!(tu85207585207528528528557540019City of Milton Department of IT - GIS DivisionDate Created: 10/19/2010G:\TaxCommunityDev\FutureLandUse2025Proposed_bl_v1.mxdDraft 2030 Future Land Use MapCity of MiltonOctober 2010´0 1 2 30.5MilesExpresswayMinor ArterialCollectorMajor Local RoadLocal RoadRampRivers & StreamsLakes & PondsMilton City LimitsFulton County BoundaryFuture Land Use 2025 - ProposedAgriculture, Equestrian, Estate Residential (AEE)Community Facilities (CF)Retail and Service (RS)Office (O)Mixed Use / Living-Working (MLW)Private Recreation (PR)Parks, Recreation and Conservation (PRC)Low Density Residential (LDR)Medium Density Residential (MDR)High Density Residential (HDR)Multi-Family Residential (MFR)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: October 22, 2010, Submitted for the November 15, 2010, City Council
Regular Meeting for First Presentation.
Agenda Item: Text Amendment to Chapter 54, Telecommunications of the City of Milton Code
of Ordinances, Sections 54-4.(3), 54-7.(b), 54-11, and 54-21.(1)
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Chapter 54,
Telecommunications of the City of Milton Code of Ordinances Sections 54-4.(3), 54-7.(b), 54-11,
and 54-21.(1).
Background:
After reviewing the recently adopted ordinance for implementation and upon receipt of a few
applications in compliance with the ordinance staff noted some minor errors in citation in the
original ordinance. Those erroneous citations have been amended to reflect the correct
numbering in the codified version of the ordinance.
Discussion:
Please note that all changes are shown in red, with deletions stricken and additions underlined.
The ordinance has been reviewed by Community Development Staff and the City Attorney’s
office. Attached is the proposed ordinance as recommended by all bodies.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
Chapter 54, Telecommunications of the City of Milton Code of Ordinances Sections 54-4.(3),
54-7.(b), 54-11, and 54-21.(1).
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
[Memo Cell Tower Ord.Chap 54.061010]
AMEND CHAPTER 54: AN ORDINANCE REGULATING THE LOCATION,
PLACEMENT AND LEASING OF WIRELESS TELECOMMUNICATIONS
FACILITIES, SECTIONS 54-4.(3), 54-7.(b), 54-11, AND 54-21.(1)
Sec. 54-4. - Applicability.
All new wireless towers and antennas shall be subject to the regulations contained within this
chapter except as provided in subsections (1)—(3), inclusive:
(1)
Public property. Towers or antennas on public property approved by the city
council.
(2)
Amateur radio; receive-only antennas. This chapter shall not govern any amateur
radio tower, or the installation of any antenna, that is under 60 feet in height and
is owned and operated by a federally-licensed amateur radio station operator or is
used exclusively for receive only antennas.
(3)
Pre-existing towers and antennas. Any tower or antenna for which a permit has
been properly issued prior to the effective date of this chapter shall not be
required to meet the provisions of this chapter, other than the requirements of
section 54-7-8. Any such towers or antennae shall be referred to in this chapter as
"preexisting towers" or "preexisting antennae." However, in the event a
preexisting tower or antennae ceases to function, then the subject tower, antennae
and related equipment shall be removed from the subject property within 90
days.
Sec. 54-7. - Approval process.
(b)
If the proposed tower or antenna is not included under the above-described expedited
approval uses, or the application does not on its face satisfy the development standards
and other criteria specified herein, then a public hearing before the mayor and council
and planning commission shall be required for the approval of the construction of a
telecommunications facility in all zoning districts.
Applicants shall apply for two public hearings, one before the planning commission and
the mayor and city council through the community development department and pay the
fee for such review in accordance with the fee schedule published by the city. The
applications shall also go before the city design review board for its review prior to the
planning commission meeting. Applications, when complete, shall be placed on the next
available agenda of the planning commission and mayor and council at which zoning
matters are considered. At least 30 days prior to any scheduled hearing, the community
development department shall cause a sign to be posted on the property and the
publication of a public notice in a newspaper of general circulation. Said notice shall state
the nature of the application, street location of the proposal and height of the proposed
structure as well as the time, date and location of each hearing. The community
[2- ORD page 2 and 3 Minor Revisions telecom] 2
development department shall also give similar notice by regular mail to all property
owners and/or current residents within 500 feet of the boundaries of the subject property
with a minimum of 75 owners who appear on the city tax records as retrieved by the
city's geographic information system. The notices shall be mailed a minimum of 14 days
prior to the first scheduled hearing. Re-notification by mail is required when a petition is
recommended for deferral by the planning commission for any amount of time or is
deferred by the mayor and city council.
Before approving an application, the governing authority may impose conditions to the
extent necessary to buffer or otherwise minimize any adverse effect of the proposed
tower on adjoining properties. The factors considered in granting such a permit include
those enumerated in sections 54-4 5 and 54-5 6 above. The mayor and council may waive
one or more of these criteria, if, in their discretion doing so will advance the goals of this
chapter as stated in section 54-2 1 above.
If the city council determines that any application does not meet the general application
requirements, development requirements and/or standards enumerated herein, or such
application conflicts with the existing tower map, approval of the application shall be
denied provided substantial evidence exists to support such denial. Any aggrieved party
may appeal the denial to a court of competent jurisdiction. For purposes of this section,
an aggrieved party is one who demonstrates that his or her property will suffer special
damage as a result of the decision complained of rather than merely some damage that is
common to all property owners and citizens similarly situated.
Approved applications shall expire one year from the date of the approval by the mayor
and council unless the property owner makes substantial progress toward the completion
of on-site construction depicted on the site plan. Substantial progress shall have been
demonstrated when, within one year of the date of the issuance of the
telecommunications facility permit, the director of community development department
determines that continuous, observable progress is being made to completion according
to an approved construction schedule.
Sec. 54-11. - Lease application.
Any person that desires to solicit the city's approval of a facilities lease pursuant to this chapter
shall file a lease proposal with the city's community development department which, in addition
to the information required by section 54-45, shall include the following:
Sec. 54-21. - Renewal application.
A lessee that desires to exercise a renewal option in its facilities lease under this chapter shall,
not more than 180 days nor less than 120 days before expiration of the current facilities lease
term, file an application with the city for renewal of its facilities lease which shall include the
following:
(1)
The information required pursuant to section 54-12 11 of this chapter;
STATE OF GEORGIA
COUNTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND CHAPTER 54, TELECOMMUNICATIONS, OF THE
MILTON CITY CODE SECTIONS 54-4.(3), 54-7.(b), 54-11, AND 54-21.(1)
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 6, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Chapter 54 Sections 54-4.(3), 54-
7.(B), 54-11, and 54-21.(1), of the Milton City Code, as it relates to Telecommunications, 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 6th day of December, 2010.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
1
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: November 2, 2010, Submitted for the November 15, 2010, City Council
Regular Meeting for First Presentation.
Agenda Item: Text Amendment to replace in its entirety Appendix A, Fees and Other Charges
of the City of Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
The Mayor and City Council to hear and approve the attached text amendment, Appendix A,
Fees and Other Charges of the City of Milton Code of Ordinances replacing the existing text in
its entirety.
Background:
Recently the finance department had a very competent summer intern who, in her diligence
noted that many fees were missing from our adopted fee schedule. Coupled with several recent
changes to the codes that reference new fees for items such as, taxicab permits and cell tower
applications, staff felt that it was time to revisit the fee schedule.
Discussion:
Our intern scoured the ordinances and codes and listed all she could find over the summer.
Some new fees have been included in the latest ordinance adoptions and further need to be
codified. Several departments contributed to completing this document and the majority of the
fees remain unchanged from current practices. Please note that there are a few new fees that
are the result of new ordinances and/or prudent practices adopted from the surrounding area.
Any new fees proposed are highlighted in red and any fees highlighted in yellow include a
difference from current practice that would need to be addressed by ordinance change to the
code. I would be happy to answer any questions regarding the proposed fee schedule.
The ordinance has been reviewed in by City Staff and is in review with the City Attorney’s office.
Attached is the proposed ordinance as recommended by all bodies.
Alternatives:
The Mayor and City Council may choose to approve, deny or defer the Text Amendment to
replace in its entirety Appendix A, Fees and Other Charges, of the City of Milton Code of
Ordinances.
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
2
Concurrent Review:
Chris Lagerbloom, City Manager
Ken Jarrard, City Attorney
[Memo Fee Schedule Ord.Appendix A.102010]
STATE OF GEORGIA
COUTY OF FULTON ORDINANCE NO.
AN ORDINANCE TO AMEND APPENDIX A, FEES AND OTHER CHARGES, OF THE
MILTON CITY CODE
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on _______, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relating to Amending Appendix A, of the Milton City
Code, as it relates to Fees and Other Charges, is hereby adopted and approved, replacing
existing Appendix A in its entirety; 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 ___ day of ______, 2010.
____________________________________
Joe Lockwood, Mayor
Attest:
______________________________
Sudie AM Gordon, City Clerk
(Seal)
Section Description Amount(in dollars)
2-702 (c) Public Records Copying 25 cents/page
35 cents/page
50 cents/page
70 cents/page
2-702 (d)Copies of Plats $ 9.10/page
$ 3.60/page
$ 5.00/page
2-702 (d)Copies of CD $ 15.00 /each
4-26 (a)(1)Investigation and Administration $ 100 / each + $35 / person
4-26 (a)(1)Advertising Fee $200 /each
4-26 (a)(3)License Fee
$650/year
$650/year
S1300/year
$3200/year
$4500/year
$1000/year
$400/year
$400/year
$800/year
$3000/year
$3800/year
4-26 (b)Prorated License Fee (one-half of full
License fee after July 1)
$325/year
$325/year
$650/year
$1600/year
$2250/year
$500/year
$200/year
$200/year
$400/year
$1500/year
$1900/year
4-26 (c) Late Fee 10% of delinquent balance
Late Interest Fee 1% of delinquent balance each month
4-99 (h)License Transfer Fee to Transfer of
Location
Recommendation: charge $300 administrative fees to
cover cost of advertising, review/approval of survey,
and processing of application.
4-101 (a)License Renewal $ 100 application fee + $35/person + appropriate
license fee (consumption on premises/package, etc)
Conditions
Chapter 2--Administration
Chapter 4--Alcoholic Beverages
should a licensee make application to the city manager for a
transfer of location and should such a transfer of a location
be approved, with no change of ownership of the business
Consumption on Premises
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine and Malt Beverages
Malt Beverages
Wine
Wine
Wine and Malt Beverages
Malt Beverages
8(1/2)×11 Inches Black and White
Malt Beverages
Wine
24×30 Inches
48×32 Inches
11×17 Inches Color
11×17 Inches Black and White
8(1/2)×11 Inches Color
Package
Additional Bar
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
Wine and Malt Beverages
Malt Beverages
Wine
Consumption on Premises
24×34 Inches
Wine and Malt Beverages
Package
Additional Bar
Wine, Malt Beverages and Distilled Spirits
Distilled Spirits
4-101 (c) License Renewal Late Fee 10% of delinquent balance
License Renewal Late Interest Fee 1% of delinquent balance each month
4-167 (c) Temporary License Fee Recommendation: $100 (similar to temp. pouring
permit)
4-168 (a)Temporary Special Event License
(Pouring Permit)$100.00
4-256 (f)(5)/4-536 (3)Managers and Employee Pouring
Permit $20 background check + $15 admin fee
4-277 (j)Ancillary Wine Tasting License $50.00 annual permit fee
4-317 (2)Private Club License See Section 4-26
4-339 (c) Hotel-motel in-room Service Alcohol
License See Sections 4-437 and 4-457
4-359 (a)Wholesaler License fee
$400/year
$400/year
$800/year
$3,000/year
$3,800/year
$100/year
$100/year
$100/year
$100/year
$100/year
4-417 Excise Tax on all Beer and Malt
Beverages produced by a brewpub
Recommendation: 5 cent(s) per 12 ounces and a
proportionate tax at the same rate on all fractional
parts of 12 ounces
4-417
Penalty for late excise tax payment on
beer and malt beverages produced by
brewpub
not to exceed 10% of the tax otherwise due
4-437 Excise Tax on Package Sales of Distilled
Spirits and Wine
not exceed 22 cent(s) per liter of distilled spirits, and
a proportionate tax at the same rate on all fractional
parts of a liter
4-457 Excise Tax on Package Sales of Malt
Beverages
$6.00 on each container sold containing not more
than 15 1/2 gallons and a proportionate tax at the
same rate on all fractional parts of 15 1/2 gallons
5 cent(s) per 12 ounces and a proportionate tax at the
same rate on all fractional parts of 12 ounces
4-477 Excise Tax on Sales of Distilled Spirits
by the Drink
not exceed 3% of the charge to the public for the
beverages
4-497 (b)Interest on Deficiency of Wholesale
and Retail Tax
1% per month on the determined deficiency, or
fraction thereof
Located Outside of the City limits
Wine, Malt Beverages and Distilled Spirits
Wine
Located Within the City Limits
Container types
Distilled Spirits
Wine, Malt Beverages and Distilled Spirits
For the private clubs who sell and dispense alcoholic
A Temporary pouring permit may be issued to any person
for a period not to exceed 10 days in any one year for an
approved special event
When Malt beverages are sold in or from a barrel or bulk
container
When Malt beverages are sold in bottles, cans, or other
containers other than barrel or bulk containers
Distilled Spirits
Wine and Malt Beverages
Malt Beverages
Wine
Malt Beverages
Wine and Malt Beverages
4-497 (c) Penalty for Deficiency 25% of the deficiency
4-498 (b)Penalty for Failure to File a Return 25% of the amount required to be paid by the party
4-499 (a)Interest for Failure to Pay Tax 1% per month on the Outstanding Tax Obligation
4-499 (b)Penalty for Failure to pay Tax 15% of the Tax, or amount of the Tax and Interest
4-534 (6) a Penalty for sales to underage persons A Minimum Fine of $250.00
4-534 (6) b Penalty for sales to underage persons A Minimum Fine of $500.00
4-536 (9)Replacement Pouring Permit
If within 30 days of original application, then fee is
$7.50. If after 30 days of original application, then fee
is $15.00
4-536 (14)Fees for Violation not to exceed the amount stated in state law
8-2 (a)Penalty A Fine up to the Maximum Amount provided for by
the State Law
8-2 (b)Penalty no less than $150.00 for a second conviction, and no
less than $300.00 for a third conviction
8-2 (c) Penalty no less than $500.00 for a second conviction, and no
less than $750.00 for a third conviction
8-2 (d)Penalty no less than $1,000.00
8-2 (e)Penalty no less than $5,000.00
8-7 (b)Dog/Cat Vaccination/License Tag Types of License Number of Years
Standard Licensing Fees
1 year $25.00
3 year $60.00
1 year $10.00
3 year $25.00
Senior Discount (60+)
1 year $24.00
3 year $58.00
1 year $9.00
3 year $23.00
Any party who fails to pay the tax herein imposed by the
city, or fails to file any required tax return to the city, within
the time required
For the first offense
For the second offense and subsequent violations within
one year
For any Deficiency which is determined to be made due to
fraud, or an intent to evade any provisions of this article
If the failure of any person to file a return is due to fraud or
an intent to evade this article
Unaltered Pet
Spayed/Neutered Pet
Unaltered Pet
Spayed/Neutered Pet
If the owners of a dangerous or potentially dangerous dog
knowingly and willfully fails to comply with related provision
and his or her dog attacks and causes severe injury to or the
death of a human
Chapter 8 -- Animals
If any person convicted of any violation of regulations
concerning managers and employees
If any person violates the provisions of animals
If any person violates the provisions as it pertains to a
potential dangerous dog
If any person violates the provisions as it pertains to a
dangerous dog
If the owners of a dangerous or potentially dangerous dog
fails to comply with related provision and his or her dog
attacks or bites a human
8-7 (d)Dog/Cat Replacement
Vaccination/License Tag $2.00
8-8 (b)Special Permit (Kennels)$100.00/year
8-61 (d)Dangerous/Potentially Dangerous Dog
Registration $100.00/year
8-61 (e)Additional Fees for Renewing
Certificate of Registration $100.00/year
8-82 (e)(1)Impoundment (Vaccination)As established by Fulton County Animal Control
8-82 (e)(2)Impoundment (License)As established by Fulton County Animal Control
8-82 (e)(3)Impoundment Fee $35
8-82 (e)(4)Impoundment (Boarding)$10.00/day
10--2 Penalty Varies
10-86 (d)Building Permit Application $25 Administrative Fee + $50 Certificate of Occupancy
10-92 (b)Penalty for Work Commencing before
Permit Issuance
100% of the usual permit fee in addition to the
required permit fees
10-92 (d)Permit Fee
Value calculation is based on ICC Building Valuation
Data Published Annually as a minimum standard
valuation
$23.50
$23.50 for the first $500 plus $3.50 for each
additional $100, or fraction thereof, to and including
$2,000
$69.25 for the first $2,000 plus $14.00 for each
additional $1,000, or fraction thereof, to and
including $25,000
$391.75 for the first $25,000 plus $10.10 for each
additional $1,000, or fraction thereof, to and
including $50,000
$643.75 for the first $50,000 plus $7.00 for each
additional $1,000, or fraction thereof, to and
including $100,000
$993.75 for the first $100,000 plus $5.60 for each
additional $1,000, or fraction thereof, to and
including $500,000
$3,233.75 for the first $500,000 plus $4.75 for each
additional $1,000, or fraction thereof, to and
including $1,000,000
$5,608.75 for the first $1,000,000 plus $3.65 for each
additional $1,000, or fraction thereof
If any person violates a related provision, or fail to comply
therewith, or with any of the requirements thereof
$1 to $500
Total Valuation
Chapter 10 -- Buildings and Buildings Regulation
$2,001 to $25,000
$501 to $2,000
$1,000,001 and up
$500,001 to $1,000,000
$100,001 to $500,000
Permit Fees Based on Valuations
$50,001 to $100,000
$25,001 to $50,000
Chapter 10 Commercial Construction Permit Fees Includes all listed fees unless otherwise noted
$350 site
$25 admin
$50 CO
Permit Fee
Plan Review (50% of Permit Fee amount)
$125 Fire Review (up to 5000 sq ft)
$25 admin
$50 CO
Permit Fee
Plan Review (50% of Permit Fee amount)
$125 Fire Review (up to 5000 sq ft)
$100 site
$25 admin
Permit Fee
$350 site
$25 admin
Permit Fee
Residential Construction Permit Fees
$350 site
$25 admin
$50 CO
Permit Fee
$100 Plan Review (up to 5000 sq ft)
$200 Plan Review (5001 to 10,000 sq ft)
$350 Plan Review (10,001 sq ft and up)
$25 Admin
Permit Fee
$100 Plan Review (up to 5000 sq ft)
$200 Plan Review (5001 to 10,000 sq ft)
$350 Plan Review (10,001 sq ft and up)
$350 Site fee (house addition that extends out from
original house frame)
$350 site
$25 admin
Permit fee
$350 site
$25 admin
Permit Fee
$25 admin
Permit Fee
$25 admin
$50 Permit Fee
Flat fee total of $75
Type of Permit
New Commercial building from the ground up, New Shell
Commercial structures include schools, hospitals,
subdivision clubhouses etc
Tenant Finish, Interior Work on Commercial Property
Construction of Sales Trailer
Cell Tower or Co-Locate
New House/Townhouse for the Ground Up
Basement Finish, Bathroom or Kitchen Remodel, House
Addition
Deck Addition, Pool House, Garage, Screened Porch
Pool
Electrical Permit
Plumbing Permit
Mechanical Permit
For Commercial Also
Roof, Replacement Window, Replace Shingles, etc
$100 site
$25 admin
Permit Fee
$100 site
$25 admin
Permit Fee
$25 admin
$100 Permit Fee
Other Fees Types of Permit Condition
Re-Inspection
Fire re-inspection
$50 per re-inspection
$100 per re-inspection
Temporary Certificate of
Occupancy Only Valid for up to 60 days $200 Flat Fee
Reinstatement of expired
permit
90% Complete
If permitted work is substantially
complete as evidenced by
inspection records showing
passed framing and meets
inspections as applicable to
scope of work permitted
$100 plus any re-inspection fees
Reinstatement of expired
permit
Less than 90% complete
If the permitted work is not
substantially complete as
evidenced by inspection records
Renewal fee is one half (50%) of the permit fee
assessed at original building permit issue, but not less
than $200.00
Reinstatement of expired
permit
Not executed
No work has been performed as
evidence by inspection records Reinstatement amount is full permit fee
12-23 (a)Occupation Tax for Business and
Practitioner Based on the Gross Receipts
12-23 (b)(1)Flat Rate Fee for Home-Based
Businesses $100.00 /year
12-23 (b)(2)Occupation Tax for Business $150.00 plus $7.00 per employees
12-23 (b)(4)Nonrefundable Administrative Fee
(registration Processing)$75/year
12-30 (a)
Flat Rate Fee or Professional
Occupation Tax for Professional
Practitioners
may elect to pay a flat fee of $400.00 (Administrative
Fee included); or may elect to pay occupation tax
based on Gross Receipts plus Administrative Fee of
$75.00
For Professional Practitioners
For Businesses not generating gross Receipts at the business
location in the city
Chapter 12 -- Business Regulation and Taxation
For Home-based Businesses (limit of one employee)
For Business and Practitioner subject to the provision
Shed, Out Building
Fence
Demolition of Single Family House
Demo of other Structures including Commercial
12-32 (a)
Penalty for Late Payment of
Occupation Tax and Administrative
Fees
10% of the Amount Owned for each Calendar year or
Portion thereof
12-32 (b)
Interest for Late Payment of
Occupation Tax and Administrative
Fees
1.5% per month for Delinquent Taxes and Fees
12-56 Insurers License Fees $75.00 each Insurer, plus an additional $75.00 per
location for insurers not covered by 12-57
12-57 Insurers License Fees $75.00 each Insurer, plus an additional $26.25 per
location
12-58 Gross Premiums Tax Imposed on Life
Insurers
1% of the gross direct premiums received during the
preceding calendar year
12-59 Gross Premiums Tax Imposed on all
other Life Insurers
2.5% of the gross direct premium received during the
preceding calendar year
12-81 Annual Business License Tax one-quarter (.25)% of the gross receipts, and the
minimum amount shall be $1,000.00
12-108 Professional Bondsman Administrative
Fees $75/year
16-27 Notice of Candidacy for Municipal
Office 3% of Total Salary of Office Sought
18-48 Monthly Charge for Emergency
Telephone Service
$1.50 per telephone line and $1.50 per wireless
subscriber
18-69 (1)Penalty for False Alarm
For the 2nd and any subsequent false alarm in a 12
month period a fine is assessed at $150.00 each; no
monitored alarm user shall be assessed fines in
excess of $600.00 for false alarms that occur at the
same premises in any 24-hour period
18-69 (2)Penalty for Violation other than False
Alarm $100.00 /each
18-90 (a)(5)Monitored Alarm System Registration $25/each
Chapter 18 -- Emergency Management Services
Chapter 14 -- Courts
Chapter 16 -- Elections
For each separate business location operated and
maintained by a business organization which is engaged in
the business of lending money or transacting sales involving
term financing and in connection with such loans or sales
offers, solicits or takes application for insurance through a
licensed agent of an insurer for insurance said insurer
for Financial Institutions
1.Failure to pay occupation taxes and administrative fees
when due; 2. Failure to file an application by March 31 of
any calendar year, when the business or practitioner was in
operation the preceding calendar year; and 3. Failure to
register and obtain an occupation tax certificate within 90
days of the commencement of business
For each insurer not covered by 12--57
for each insurer writing life, accident and sickness insurance
within the state
For the third and each subsequent false alarm that occurs at
the same premises within any 12-month period
20-264 (c) (4)
Civil Penalties for Violation subject to
Equitable Relief; Nuisance and
Abatement
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
20-47 (c)(5)
Criminal Penalties for Violation Related
to Equitable Relief; Nuisance and
Abatement
$1,000.00 per day
20-289 Stormwater Management Application
Review
Up to 3 reviews - subsequent revision reviews will
require 50% of the original fee, a minimum of $350
$350 + $5/lot
$350 + $5/disturbed acre
$350 + $20/lot
$350 + $20/disturbed acre
20-540 Project Site Reinspection Fee $50.00 minimum
20-543 (a)Monetary Penalties(violation)not to exceed $2,500.00 per day for each violation
20-543 (b)(1)Minimum Penalties $250.00 for each violation or each day on which a
violation exists
20-543 (b)(2)Minimum Penalties $1,000.00 for each violation or each day on which a
violation exists
20-543 (b)(3)Minimum Penalties $250.00 per violation
20-543 (b)(4)Minimum Penalties $500.00
20-543 (b)(5)Minimum Penalties $1,500.00
20-591 (e)Land-Disturbance -- Local Permit
Application Fee, per acre
Value calculation is based on Calculation of
Inspections per the Land Development Valuation
Table Below
$300.00
$300 for the first $500 plus $150 for each additional
$1000, or fraction thereof, to and including $20,000
$2,250 for the first $20,000 plus $100.00 for each
additional $1,000, or fraction thereof, to and
including $100,000
Conducting land disturbance activities without a land
disturbance permit or building permit (second or
subsequent offense)
Lack of proper installation or maintenance of
structural/vegetative best management practices
Working under a stop work order (first offense)
Working under a stop work order (second or subsequent
offense)
Chapter 20 -- Environment
Plan Review Fees
Conducting land disturbance activities without a land
disturbance permit or building permit (first offense)
Total Valuation
$1 to $5000
$5001 to $20,000
$20,001 to $100,000
Permit Fees Based on Valuations
Residential Concept Plans
Commercial Concept Plans
Residential Development Plans
Commercial Development Plans
$10,550 for the first $100,000 plus $50 for each
additional $1,000, or fraction thereof, to and
including $250,000
$18,050 for the first $250,000 plus $25 for each
additional $1,000, or fraction thereof, to and
including $500,000
$24,300 for the first $500,000 plus $15 for each
additional $1,000, or fraction thereof, to and
including $1,000,000
$31,800 for the first $1,000,000 plus $10 for each
additional $1,000, or fraction thereof
Land Development Valuation Table Based on Inspections
Road Vert & Section
Curb and Gutter
Base and Paving
Commercial Driveway
Storm Drainage
Wastewater
Water Main
Sidewalk
Residential Fee $200/lot
Commercial/Other Fee $700/ disturbed acre
$350/disturbed acre x 3%
Administrative Fee $25
$1050/monument
$60
20-591 (f)Land-Disturbance -- State Permit,
Additional per acre Fee $80.00 per disturbed acre
20-658 Civil Penalty for Violation Related to
Noise Control
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
Erosion Control Fee
Other Applicable Fees
Overnight delivery or Courier Fee (as required)
Landscape Installation Inspection
GIS Monument Fee (as required)
$100,001 to $250,000
$250,001 to $500,000
$500,001 to $1,000,000
$1,000,001 and up
$22/ln.ft.
$16/ln.ft.
$5/sq.ft.
$16/ln.ft.
$6.50/ln.ft.
$25/ln.ft.
$0.75/sq.ft.
$20/ln.ft.
20-658 Civil Penalty for Violation Related to
Noise Control
may impose a penalty not to exceed $1,000.00 per
day for each day the violation remains unremedied
after receipt of the notice of violation
22-50 Plan Review Fees
Structural Plan Review
$125.00
$0.25 per sq.ft.
Site Development Plan Review $100.00
Sprinkler only Plan Review $100.00
Fire Alarm only Plan Review $75.00
Commercial hood only Plan review $50.00
22-50 Inspection Fees
80% Inspection $100.00
Final Inspection $100.00
Occupancy Inspection $100.00
Miscellaneous/Other Final Inspection $100.00
Re-inspection Fee $100.00
After Hours Inspection $150.00
22-90 (f)
Penalties of Violation subject to Locked
gates for Commercial, Residential and
other Locations
not exceed $1,000.00
22-91 (f)Penalties of Violation subject to Locked
gates for certain Buildings not exceed $1,000.00
22-115 (a)Penalties of Violation of Placing "Fire
Lane" Signs
$150.00 for each violation (however, the fine will be
waived if the required specifications are made within
14 days from the date of the citation
22-115 (b)Penalties of Violation of Placing "Fire
Lane" Signs
$150.00 for each violation and an additional $10.00
fine for each violation for each day that the owner
fails to comply with the provisions
22-116 (b)(1)Penalties of Violation of parking in a
fire lane
$25.00 for the first violation within any 30-day period;
$40.00 for the second violation within any 30-day
period; $50.00 for each violation thereafter occurring
within any 30-day period
32-109 Moving Household Goods at night
permit TBD
32-135 (g)Penalties of Violation for Person under
21 years of Age Varies
32-179 (b)(1)Penalties for Nuisances a minimum of $100.00
Chapter 32 -- Offenses and Miscellaneous Provisions
Chapter 28 -- Law Enforcement
Chapter 22 -- Fire Prevention and Protection
If that private or public property owner fails ore refuses to
meet said requirements on his or her property within such
14 days he or she shall, on the 15th day after receiving the
citation, be subject to the fine
The first Violation
More than 5,000 sq. ft.
5,000 sq. ft. or Less
32-179 (b)(2)Penalties for Nuisances a minimum of $500.00
32-179 (b)(3)Penalties for Nuisances a minimum of $1,000.00
36-40 Application Fee $75.00 Administrative Fees + $100.00 Permit Fees +
$20.00 Background Check
46-3 Collection Fee for the disposal and
collection of waste TBD
46-70 (a)Infrastructure Maintenance Fee 5% of the company's Gross Receipts to Customers
within the City
48-259 Traffic Calming Plan Fee $500 per plan
48-466 (e)Sign Replacement Fee $250.00 per Sign
48-466 (f)Sign performance bond $100 value per sign
48-560 (c) Penalties for Violation of Restoration of
Lanes $1,000.00 per instance and location
48-561 (b)(4)Penalties for Violation of Removal $1,000.00 per day per location
48-584 (c) Penalties of Obstruction of Right-of-
way (Personal Property)
125% of the cost the city incurs in removing the
property plus a fine of $1,000.00
48-584 (d)Penalties of Obstruction of Right-of-
way (Illegal Dumping)
125% of the cost the city incurs in removing the
property plus a fine of $1,000.00
48-585 (b)(1)
Penalties of Location within the right-
of-way (New Unpermitted
Installations)
100% of the cost the city incurs in removing the
property plus a fine of one-half the cost of the largest
permit fee for the site
48-585 (b)(2)Penalties of Location within the right-
of-way (Existing Installations)No Fines
48-585 (b)(3)Penalties of Location within the right-
of-way (Temporary Items)
125% of the cost the city incurs in removing the
property plus a fine of $500.00
48-587 (a)Penalties of Violation for Agricultural
Uses $100.00 per incident
48-587 (b)(2)Penalties of Violation of Agricultural
Equipment Uses
$100.00 fine per incident, plus the cost of repairs to
the road, and plus the cost of certified traffic control
by the person who caused the damages
50-2 (a)Penalties of Violation no less than $1,000.00 and not to exceed $2,500.00
Chapter 34 -- Parks, Recreation and Cultural Affairs
Chapter 36 -- Peddlers and Solicitors
Chapter 42 -- Secondhand Goods
Chapter 46 -- Solid Waste
Chapter 48 -- Streets, Sidewalks and Other public Places
Chapter 50 -- Subdivisions
Chapter 38 -- Personnel
The second Violation of the same provision
** This fee is for a Business Solicitation Permit - there is no
charge for a Charity/Non-Profit Solicitation Permit
The third or repeat Violation of the same Provision
50-208 Plat Application $25.00 Administrative Fee + $350.00 Review Fee +
$5.00 /Lot
50-209
Fees for required Inspection, Water
and Sewer Connection, Curb Cut, and
Street Sign
see Sections 48-466, 20-591 and 22-50
50-210 Bond Fee $250 Legal processing and $50 Administrative Fee
52-19 (b)Ad Valorem Taxes on Property $4.731 on 40 percent of each $1,000.00 of property
52-22 (b)Penalties and Interest for the
Delinquent of the ad valorem taxes
An interest rate of 1% per month (minimum $1.00)
from the date the taxes are due until the date the
taxes are paid. Any period less than one month is
considered to be one month.
A penalty of 10% is applied after 90 days past due.
The penalty shall not apply to the following: (1) Ad
valorem taxes of $500 or less on homesteaded
property; (2) Homesteaded property acquired during
the tax year by a new owner who did not receive a
bill and who before acquiring such property resided
outside the State of GA and if taxes are paid within
one year following the due date.
52-46 Penalty for Delinquent Payment Penalties of 10% of amount of taxes due to the city,
plus 1% interest per month on the unpaid tax
52-47 Hotel and Motel Excise Tax 3% of the rent for every occupancy of a guestroom in
a hotel in the City
52-94 (a)(1)Rental Motor Vehicle Excise Tax
3% of the Rental Charge. If paid on or before the 20th
day of the preceding calendar month, the tax payer
may retain a credit in the amount of 3% of the tax
due.
52-116 Penalties and Interest for Failure to
Remit Taxes
A penalty of 5% of the tax then due, plus 1% interest
per month thereon the unpaid principal amount due
52-118 (b)Interest on the Deficiency Determined 1% per month or fraction thereof from the due date
of the taxes
54-5 (d)Application Fee $2000 plus the actual consulting cost up to $7500
54-8 (c)Telecommunications Operating License $1000 per tower and $1000 per antenna array
54-11 (d)Lease Application Fee $250 Legal processing and $50 Administrative Fee
54-19 (a)Lease Compensation As negotiated by the City Manager or designee and
approved by City Council
For Rental Motor Vehicle Excise Tax
For Excise Tax
Chapter 54 --Telecommunications
Chapter 52 -- Taxation
For Property subject to the ad valorem tax
For Hotel and Motel Tax
For Hotel and Motel Rent
For Property subject to the ad valorem tax
For Motor Vehicle Rented
54-19 (a)Late Lease Payments 2% of the annual rental fee for each day or portion
thereof beyond the due date
56-70 (b)
Charges and Penalties for Violation of
provision subject to Vehicle Weights
and Loads
$0.05 per pound for all excess weight, except for
vehicles permitted to exceed the weight limitation, or
are permitted under a "superload" or "superload
plus" permit wherein the penalty would be $6.25 per
pound for excess weight
58-39 (2)Penalty for Violation of Water Uses not exceed $1,000.00
58-129 (a)Civil Penalty for Violation of Water
Uses
not exceed $1,000.00 for each day the violation
remains unremedied after receipt of the notice of
violation
58-129 (b)Criminal Penalties for Violation of
Water Uses not exceed $1,000.00
60-20 (a)Penalties for Violation not exceed $1,000.00 per violation per day
60-50 (b)(2)Tree Protection Signs $5 per sign
60-48 Penalty for Violation of Specimen Trees
The Unit Value of the specimen tree is doubled and
that becomes the unit value that must be
compensated for
62-24 (a)License Fee $50 Annual Taxicab Permit, $50 each Annual Driver's
Permit, $50 Annual Certificate of Public Necessity
64-360 (2)c Inclusionary housing (in-lieu Fees)TBD
64-366 Administration of Inclusionary Housing TBD
64-1890 (c)(1)Application Fee for a Concurrent
Variance
$250.00 plus $50 for each additional concurrent
variance requested on the same piece of property
$350.00 plus $100 for each additional concurrent
variance requested on the same piece of property
$350.00 plus $100 for each additional request
64-1938 Appeal Application
$250 Plus $50 for each additional variance Request
on the same Piece of Property
$350 plus $100 for each additional Variance Request
License fees are levied per annum for each taxicab
maintained or operated, and per annum for each driver's
permit, and for Certificate of Public Necessity
Chapter 56 -- Traffic and Vehicles
Ag-1, R-6, TR, A, A-1, O-I, C-1, C-2, M-1A, M-1, M-2, MIX and
Nonresidential Uses in Residential Districts listed above
Second and Subsequent Violations
If a specimen trees are removed or have their root
protection zones disturbed without permission
Multi-family Districts, Non-Residential Districts, and
Commercial uses in Residential or AG-1 Districts
Single-Family Residential Zoning Districts and AG-1 District
for Residential uses only
Chapter 62 -- Vehicles for Hire
Chapter 64 -- Zoning
All tree protection fences must be accompanied by "Stay
Out" and "Tree Save" signage, which may be purchased
from Community Development for a fee
All Signs
Residential Districts: R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5,
R-5A, NUP, CUP, MHP
Chapter 58 - Utilities
Chapter 60 - Vegetation
$350 plus $100 for each additional Variance Request
64-2175 Rezoning Petition
To Acreage
0 to 5 $500
5+ to 10 $1,000
10+ to 20 $1,500
20+ to 100 $2,000
100+$2,500 plus an additional $40 per acre for any portion
thereof over 100 acres. Maximum fee = $10,000
0 to 5 $750
5+ to 10 $1,500
10+ to 20 $2,000
20+ to 100 $2,500
100+$3,000 plus an additional $50 per acre for any portion
thereof over 100 acres. Maximum fee = $10,000
CUP, NUP, MHP Any Acreage $2,000 plus $50 per acre or any portion thereof.
Maximum fee = $10,000
MIX Any Acreage $1,000 plus $50 per acre or any portion thereof.
Maximum fee = $10,000
64-2221 (b)Penalties for Violation $1,000.00
64-2296 (f)Penalties for Violation of Signs not exceed $1,000.00 per day
R-6, TR, A, A-I, O-I, C-1, C-
2, M-1A, M-1, M-2
Where a determination is made that property is in violation
of zoning ordinance, and any other codes and laws enforced
by the community development department, and all
reasonable efforts and means to obtain compliance have
been exhausted
AG-1, R-1, R-2, R-2A, R-3,
R-3A, R-4, R-4A, R-5, R-5A
All Signs
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 1 of 30
R/A Z00-45 R/P Z99-11
PETITION NUMBERS
RZ10-05/U10-01/VC10-03
ADDRESS Deerfield Parkway
West Side for approximately 1,048 feet
DISTRICT, LAND LOT 2/2, 1114, 1047
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 (Community Business) Z00-45, U00-25
O-I (Office & Institutional) Z99-11, U99-08
PROPOSED ZONING C-1 (Community Business) and Use Permit for a
Special School (Section 64-1831)
ACRES 12.87
EXISTING USE Undeveloped
PROPOSED USE Assisted Living Facility for adults with autism
Transitions Vocational School for adults with autism
OWNER Crescent Resources, LLC
ADDRESS 3500 Lenox Road, Suite 840
Atlanta, GA 30326
PETITIONER Alpharetta Land Partners, Les Brown
ADDRESS 12025 North Hickory Trace
Alpharetta, GA 30004
REPRESENTATIVE Nathan V. Hendricks III
ADDRESS 6085 Lake Forrest Drive, Suite 200
Atlanta, GA 30328
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 2 of 30
R/A Z00-45 R/P Z99-11
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
RZ10-05 - APPROVAL CONDITIONAL
U10-01 - APPROVAL CONDITIONAL
VC10-03, Parts 1, 2 & 3 - DENIAL
CITY OF MILTON PLANNING COMMISSION RECOMMENDATION –
OCTOBER 26, 2010
RZ10-05 - APPROVAL CONDITIONAL 6-0
U10-01 - APPROVAL CONDITIONAL 6-0
VC10-03, Parts 1, 2 & 3 – APPROVAL CONDITIONAL 6-0
The Planning Commission recommended that the three part concurrent
variance be approved and specifically that the front façade shall be articulated
with 65 percent brick or natural stone up through the gables (Part 1). In addition, the
Commission was concerned that the specimen trees will be preserved as shown
on the site plan. The applicant stated that there will be retaining walls to assist in
preserving the trees based on the topography of the site.
To rezone from C-1 (Community Business) and O-I (Office-Institutional) to C-1 (Community
Business) with a Use Permit to construct a Special School for a transitions vocational school
for adults at least eighteen years in age with autism and an assisted living facility for
autistic adults with 72 studios. The applicant is also requesting a 3-part concurrent variance:
1) Allow the exterior wall materials of all non-residential buildings and townhouse, duplex
and multifamily buildings to consist of a minimum of 65 percent in lieu of 75 percent (per
vertical wall plane) of the following : brick or natural stone (Section 64-1095(p)) for the
assisted living facility*;
2) Allow accent building materials for all non-residential buildings and also townhouse,
duplex and multifamily units to be limited to a maximum of 35 percent in lieu of 25
percent brick, tile, non-reflective glass, natural stone and weathered, polished or fluted
face, 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 finish) or
Hardi-Plank (Section 64-1095(q)) for the assisted living facility*;
3) Allow the following exterior siding colors as produced by Cabot Solid stains to be
permitted: Napa Vine, Newport Blue, Brickstone, Colonial Yellow, (Section 64-1095(t)) for
the assisted living facility. *
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 3 of 30
R/A Z00-45 R/P Z99-11
Lastly, the Commission asked what would be allowed to be built on the site. Staff
stated that it would be for an assisted living facility for no more than 74 beds and
a special school as defined in the zoning ordinance.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 4 of 30
R/A Z00-45 R/P Z99-11
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 5 of 30
R/A Z00-45 R/P Z99-11
CURRENT ZONING MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 6 of 30
R/A Z00-45 R/P Z99-11
REVISED SITE PLAN – OCTOBER 26, 2010
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 7 of 30
R/A Z00-45 R/P Z99-11
Subject Site
Looking north on Deerfield Pkwy
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 8 of 30
R/A Z00-45 R/P Z99-11
Subject Site
Looking From Deerfield Parkway
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 9 of 30
R/A Z00-45 R/P Z99-11
SUBJECT SITE:
A 12.87 acre site currently zoned C-1 (Community Business) pursuant to Z00-45
approved for retail, service commercial, and/or office at a maximum density of
15,610.22 square feet per acre zoned or a total of 165,000 square feet and O-I
(Office-Institutional) pursuant to Z99-11 approved for retail, service commercial,
and or office, and accessory uses at a maximum density of 19,191 square feet
per acre or a total of 223,000 square feet, whichever is less. In addition, both
zoning parcels were approved for a height limited to no more than 6 stories
pursuant to U00-25 and U99-08. The site is currently undeveloped that is
wooded and contains an unnamed creek which flows along the northeastern
property line, eventually draining into Lake Deerfield. There are two small areas
of wetlands, one on the southwest property line and the east property line which
are not being disturbed and the site plan provides the appropriate state and
city buffers.
The property is part of the planned development of Deerfield, and is subject to
covenants of the development. The property is also subject to the State Route 9
Overlay District regulations.
Overview of the Applicant’s Request
Based on the applicant’s letter of intent received by the Community
Development Department on September 7, 2010 and subsequent amendment
to the letter of intent received on October 13, 2010, the information below
provides an overview of the applicant’s request for the subject site:
The applicant is requesting the proposed rezoning from C-1 (Community
Business) and O-I (Office-Institutional) to C-1 (Community Business) and a Use
Permit for a Special School in order to develop a residential assisted living facility
for adults with autism with a total of 72 studios (Staff will reference “beds” within
the Recommended Conditions to be consistent with the provisions of the zoning
ordinance). Each studio will be equipped with a bed, desk area and private
bathroom and contain approximately 340 square feet. There will be six “studios”
within each “neighborhood”. Within the neighborhood unit there will be a
common area living room, serving kitchen, great room, dining area, laundry
facility and an area for staff. The overall building will have a main reception
lobby and an additional three towers containing the neighborhoods with a
common reception area for each.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 10 of 30
R/A Z00-45 R/P Z99-11
Secondly, the applicant will develop a 23,000 square foot, two story transitions
vocational school for autistic adults (at least eighteen years old). It will contain
computer labs, classrooms for various instructional classes, indoor pool, men’s
and women’s locker rooms with showers, gymnasium, lunch room, staff lounge
and a gift shop. There will be a glass greenhouse on the south side of the
building. The school will be available to both the residents of the assisted living
facility and day students with autism.
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on October 13, 2010, Staff offers the following
considerations:
BUILDING SETBACKS
The site plan indicates compliance with the following zoning district minimum
building setbacks pursuant Section 64-776:
Front Yard (adjacent to Deerfield Parkway) 40 feet
Sides and Rear [dictated by required landscape strips per the State Route
9 Overlay District Section 64-1090(b)] 10 feet
PARKING REQUIREMENTS
The following chart illustrates the parking required by Section 64-1410 of the City
of Milton Zoning Ordinance for the proposed uses:
Assisted Living Facility
72 beds at 1 space per 4 beds = 18 spaces
39 employees at 1 space per 3 employees = 13 spaces
Total spaces required - 31 spaces
Vocational School
23,000 square feet at 5 spaces per 1,000 square feet = 115 spaces
Required Parking Spaces - 146 spaces
Provided Parking Spaces – 154 spaces (8 of which are handicapped spaces)
Staff notes that Section 64-238 requires the site to provide a minimum 10-foot
wide landscape island at the end of each parking bay, and a 10-foot wide
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 11 of 30
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landscape island every sixth parking space. It appears that the applicant has
complied with this requirement on the subject site.
STATE ROUTE 9 OVERLAY DISTRICT REQUIREMENTS
Landscape Strips
Section 64-1090 of the State Route 9 Overlay District requires a twenty (20) foot-
wide landscape strip along Deerfield Parkway. Section 64-1090 (c) further states
that for every thirty (30) linear feet of landscape strip, a minimum of one 3”
caliper hardwood shade tree is required to be planted in the center of the
landscape strip or as approved by the Director. Although the site plan does not
indicate the 20 foot landscape strip along Deerfield Parkway, there appears to
be adequate area and existing trees to meet this requirement.
Section 64-1090 (b) requires a minimum 10-foot wide landscape strip along any
interior property line adjacent to a non-residential zoning or use. Although the
applicant has not indicated compliance on all property lines, it appears that this
requirement can be met.
Building Height
The proposed assisted living facility will be three stories in height with the rear
elevation to be four stories in height*. This is in compliance with the maximum
height of 4 stories for development along Deerfield Parkway (Section 64-1095
(n)). The proposed vocational school will be two stories in height which also is in
compliance with Section 64-1095(n).
These proposed building heights will be reflected in the Recommended
Conditions.
Service Areas
Service areas for both facilities are located away from Deerfield Parkway and
tucked behind each building so that deliveries, trash collection, etc. will not be
seen from public areas or Deerfield Parkway.
Internal Circulation
The site plan indicates various pedestrian paths within the site connecting the
assisted living facility with the vocational school and other public areas. In
addition, there are paths that provide connections with the pedestrian sidewalk
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 12 of 30
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on Deerfield Parkway where a MARTA Bus Stop is available to residents and
visitors.
It appears that the proposed development meets the required standards for the
State Route 9 Overlay District except for the concurrent variance discussed
below.
The applicant is requesting the following 3-part concurrent variance, VC10-03,
to the State Route 9 Overlay District:
1) Allow the exterior wall materials of all non-residential buildings and
townhouse, duplex and multifamily buildings to consist of a minimum of 65
percent in lieu of 75 percent (per vertical wall plane) of the following: brick or
natural stone (Section 64-1095(p)) for the assisted living facility*,
2) Allow accent building materials for all non-residential buildings and also
townhouse, duplex and multifamily units to be limited to a maximum of 35
percent in lieu of 25 percent brick, tile, non-reflective glass, natural stone and
weathered, polished or fluted face, 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 finish) or Hardi-Plank (Section 64-
1095(q)) for the assisted living facility*,
3) Allow the following exterior siding colors as produced by Cabot Solid stains to
be permitted: Napa Vine, Newport Blue, Brickstone, Colonial Yellow, (Section
64-1095(t)) for the assisted living facility. *
Although, the requested 3-part concurrent variance may produce a more
aesthetically pleasing development that is consistent with the applicant’s vision
for the project, it does not demonstrate compliance with all of the variance
considerations as required by Section 64-1883. Therefore, Staff recommends that
VC10-03, Parts 1-3 be DENIED.
Standards of Review
[Section 64-2104(c)] Planning Staff shall, with respect to each zoning
application, investigate and make a recommendation with respect to factors A.
through G., below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The original rezoning for this site was approved C-1 (Community Business)
for a 6 story, 165,000 square foot office building at an overall density of
15,610.22 square feet per acre pursuant to Z00-045 and U00-025. In
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 13 of 30
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addition, a small southern portion of the subject site is currently zoned O-I
(Office-Institutional) and U99-08 for a 6 story, 223,000 square foot office
building at 19,998 square feet per acre pursuant to Z99-11.
**Staff notes that pursuant to ZM10-03, a site plan modification was
approved for Z93-11 to develop a 40,500 square foot data center on 8.5
acres of the site. The remainder of the property is within the legal
description of the subject site.
Existing uses and zoning of nearby property (See Map following table)
Location Parcel / Zoning
Petition
Zoning /
Development Name
Approved Density
(sq ft per acre)/
Max Square Feet
of Bldg/Height
North 1
Z74-48
U98-39
(to exceed height)
C-1 (Community Business)
Portion of Deerfield
Professional Offices and
Bright Horizons Day Care
None Stated
U98-39 for 4 stories
Northeast 2
Z74-47
U96-72
(to exceed height)
O-I (Office-Institutional)
Portion of Deerfield
Professional Offices
None Stated
U96-72 for 6 stories
East 3
Z03-08
TR (Townhouse Residential)
Lake Deerfield
116 units / 7.39 units
per acre
Southeast 4
Z97-098
O&I (Office & Institutional)
Verizon Wireless office
buildings
11,500/437,000
South 5**
Z93-11
U99-08
(to exceed height)
O&I (Office & Institutional)
Undeveloped
19,191/223,000
U99-08 for 6 stories
6
Z73-001
C-1 (Community Business)
Wal-Mart / Frys Electronics
None Stated
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 14 of 30
R/A Z00-45 R/P Z99-11
EXISTING USES MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 15 of 30
R/A Z00-45 R/P Z99-11
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
The proposed development will not adversely affect the existing uses
nearby or adjacent uses if developed with the recommended conditions.
3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The property does have a reasonable economic use as currently
zoned as it is zoned C-1 (Community Business).
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
The proposed use is not expected to significantly increase the amount of
vehicular traffic, as demonstrated in the traffic study (see attached traffic
counts and conclusions at the end of this report), but significantly less
than if it was developed under the existing zoning conditions. Any impact
should be mitigated with Staff’s recommended conditions.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The proposed C-1 (Community Business) zoning is consistent with the
policies and intent of the City of Milton Partial Plan Update. The subject
property is located along the west side of Deerfield Parkway, south of
Webb Road, which the Partial Plan Update discusses as being
appropriate for Retail and Service uses. It is the opinion of the Staff that
the proposed use and its proximity to other service, commercial and
office uses lends itself to the desired retail and service composition of the
area and complies with the policies of the Comprehensive Plan.
City of Milton Partial Plan Update Plan Map: Retail & Service
Proposed use/density: Assisted living facility for autistic adults with 72
studios (64,000 square feet) and a transitions vocational school for autistic
adults (23,000 square feet) for a total of 87,000 square feet at a density of
6,759.9 square feet per acre.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 16 of 30
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The Partial Plan Update Map suggests Retail and Service for the
surrounding properties along the Deerfield Parkway corridor south of
Webb Road, and north of Windward Parkway.
The Milton City Council adopted the Partial Plan Update in December
2009. The proposed development is consistent with the following Plan
Policies:
We will support programs that retain, expand and create
businesses that provide a good fit for our community’s economy
in terms of job skills required and links to existing businesses.
We will consider access to housing and impacts on
transportation when considering economic development
projects.
We will encourage more compact development of land in
appropriate designated areas in order to preserve natural
resource areas and preserve contiguous green open spaces.
We will encourage new development to locate in suitable
locations close to transportation and infrastructure resources in
order to protect environmentally sensitive areas and valuable
historic, archaeological or cultural resources from
encroachment.
We will promote low impact site development that encourages
maintaining the natural topography and existing vegetation on
a site when feasible, and in some cases when required.
We will promote the protection and maintenance of trees and
contiguous green open space in new development.
We will direct development pressure away from agricultural
areas and encourage development to occur close to
transportation opportunities.
We will accommodate our diverse population by encouraging a
compatible mixture of housing types, densities and costs within
the City.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 17 of 30
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We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We will encourage development that provides appropriate
employment opportunities to serve our current and future
population.
We will encourage mixed-use developments that are human-
scale and less auto-oriented where appropriate.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
There are existing zonings of community business on the subject site and to
the west and north; Office-Institutional further north, south, and east. In
addition assisted living facilities are permitted within the C-1 (Community
Business) district and a Special School is allowed with a Use Permit within
the C-1 (Community Business) district. Lastly, the adopted land use policies
support this request to develop the assisted living facility and vocational
school.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Staff notes that the proposed rezoning will not have a negative effect on
the environment and natural resources based on the fact that the site
plan indicates compliance with the required stream buffer and non-
impervious setback. The site plan indicates that many of the specimen
trees will be preserved as well as open space will be provided along the
eastern property line and the area between the school and assisted living
facility.
In summary, the proposed C-1 (Community Business) zoning is consistent with the
policies of the Partial Plan Update, the existing C-1 district on the subject site,
and the surrounding C-1 and O&I districts. Therefore, Staff recommends that this
petition, RZ10-05 be APPROVED CONDITIONAL subject to the attached
Recommended Conditions.
Per Section 64-1831 of the Zoning Ordinance, special schools are required to
have a Use Permit for all zoning districts. The applicant is requesting a Use Permit
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 18 of 30
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to allow a special school, specifically a transitions vocational school for adults
with autism at least eighteen years in age. The school is proposed to be a total
of 23,000 square feet and two stories in height.
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
Provided the applicant complies with the Recommended Conditions and
the Use Permit requirements of Section 64-1831 of the Zoning Ordinance,
the proposed development is consistent with the intent and following
policies of the Partial Plan Update:
We will support programs that retain, expand and create
businesses that provide a good fit for our community’s economy
in terms of job skills required and links to existing businesses.
We will accommodate our diverse population by encouraging a
compatible mixture of housing types, densities and costs within
the City.
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We will encourage development that provides appropriate
employment opportunities to serve our current and future
population.
We will encourage mixed-use developments that are human-
scale and less auto-oriented where appropriate.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
Based on the fact that use permits for special schools are permitted in all
zoning districts, the proposed vocational school is compatible with the
existing land uses and zoning districts surrounding the subject site and is
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 19 of 30
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developed in accordance with Staff’s Recommended Conditions and the
provisions of the Zoning Ordinance, the proposed special school will be
compatible with other land uses on the subject site and the surrounding
area.
C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
The proposed use does not violate any known local, state and/or federal
statutes, ordinances or regulations governing land development.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use is not expected to significantly increase the amount of
vehicular traffic, as demonstrated in the traffic study (see attached traffic
counts and conclusions at the end of this report). Any impact should be
mitigated with Staff’s recommended conditions. Staff notes that a
proposed internal pedestrian network will encourage pedestrian use
between the proposed assisted living facility and the proposed school. In
addition there is an existing sidewalk along the Deerfield Parkway
frontage, which will facilitate pedestrian access. Also of note, the subject
property is on a current Marta bus line.
E. The location and number of off-street parking spaces;
Section 64-1410 requires the applicant to provide a minimum of 5 parking
spaces per every 1,000 square feet. Based on the proposed 23,000 square
foot school, the applicant is proposing 115 parking spaces which meet
the minimum required parking spaces. The spaces are located northeast
of the school building within the central portion of the site.
F. The amount and location of open space;
The site plan indicates that approximately one-quarter of the eastern
portion of the site is undisturbed with a springhead and perennial stream
protected by the required state and city buffers. There are also
approximately 12 mature size trees located in this preserved area. There
are other open spaces within the site along Deerfield Parkway and the
center of the site. It is Staff’s opinion that the amount and location of
open space enhances the design of the site.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
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G. Protective screening;
It appears that the site plan meets the required landscape strips for the
entire parcel. In addition, there is a perennial stream located along the
east property and a small springhead on the southwest property line near
Deerfield Parkway. The site plan indicates compliance with the required
state and city stream buffers and non-impervious setback. The proposed
development will retain the existing trees located in the stream buffer as
well as other trees within the development.
H. Hours and manner of operation;
The applicant has indicated that school will be used between 7:00 am.
and 6:00 pm. and occasional use during the evening and weekends for
special programming.
I. Outdoor lighting;
The applicant has indicated that the site lighting will comply with the State
Route 9 Overlay District requirements.
J. Ingress and egress to the property.
The applicant’s site plan proposes to utilize the existing full access curb cut
on Deerfield Parkway opposite to the Verizon Wireless offices.
Development Standards for Special School – Section 64-1831
Staff notes that the applicant’s site plan complies with all of the required
standards for a special school.
In summary, the proposed Use Permit is consistent with the policies of the Partial
Plan Update, the existing C-1 district on the subject site, the surrounding C-1 and
O&I districts and meets the development standards for the Use Permit. Therefore,
Staff recommends this petition, U10-01 be APPROVED CONDITIONAL subject to
the attached Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 21 of 30
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City Arborist Comments:
Site appears to have been selectively harvested within the past 15 years or so.
There are some nice mature hardwoods on the site but few of specimen size.
There is a nice diversity of trees on site and with strong natural re-vegetation
occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories,
sourwoods and dogwoods. Plan shows preserving some of the mature trees in
the interior of the project, however to do so may require protecting a larger
area than just the drip line. Grade changes, cut and fills, should be kept to a
minimum. Per this plan, three specimen trees will require recompense.
The applicant should work with the existing conditions of the site as much as
possible rather than modifying the site for mere simplicity. Existing topography
and vegetation should be given strong consideration.
A springhead is located near the southwestern property line. The 75 foot stream
buffer will not be impacted as well as another stream buffer located at the
northeastern property line.
Public Involvement
On September 29, 2010 the applicant was present at the Comm unity Zoning
Information Meeting held at the Milton City Hall. No one attended this meeting.
Public Comments – The applicant has met with Ann Thompson Coggins of the
Milton Disability Awareness Committee (MDAC). Please see attached letter from
MDAC and the Georgia Council on Developmental Disabilities.
City of Milton Design Review Board Meeting Courtesy Review – October 5, 2010
The following comments were made by the DRB for the rezoning/use permit:
No objections to the rezoning petition; good use for property.
Building footprint for the residential component does not match site
plan.
Should be able to meet 75% brick or stone requirement; add
brick/stone to vertical elements, up to ridgeline.
Screen dumpsters.
Show design of greenhouses.
Trees shown as saved should be maintained with adjustments in
footprint
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 22 of 30
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The following comments were made by the DRB for the design of the buildings:
Original design (with colors) more pleasant than beige building
option; Board approves of the use of darker colors, subject to final
submittal.
Appropriate for craftsman style.
Colors help with way finding; identification for the residents.
Concept covered in brick or stone or highway 9 colors would be
oppressive; Moorish.
Off-white shingles or stucco would create a sterile, more modern
look; Building would lose its connection to the residential vernacular.
Likes water table; lighter material helps break up mass; building
seems lighter.
Break up façade with more brick/stone; can get closer to the
required 75%. Run masonry up middle pop-up to eaves; review the
water table for balance.
Masonry balance should be more of an aesthetic consideration
than mathematical equation.
The white windows add detail to the building, make colors pop.
Staff should review allowed overlay colors.
Staff notes that prior to issuance of a Land Disturbance Permit and any Building
Permits, the City of Milton Design Review Board will be required to review the
plans.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant submitted the first Plan Report on October 19, 2010 and an update will
be required 7 days prior to the Mayor and City Council meeting.
CONCLUSION
The proposed C-1 (Community Business) and Use Permit for a Special School is
consistent with the policies and intent of the City of Milton Partial Plan Update
and consistent with recent policy, therefore, Staff recommends that this request
to rezone to C-1 (Community Business), RZ10-05 and U10-01 be APPROVED
CONDITIONAL. Further, Staff recommends DENIAL of VC10-03, Parts 1, 2, and 3.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 23 of 30
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED C-1 (Community Business) CONDITIONAL and a Use Permit for a
Special School subject to the owner’s agreement to the following enumerated
conditions. Where these conditions conflict with the stipulations and offerings
contained in the Letter of Intent, these conditions shall supersede unless
specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Assisted Living Facility with no more than 72 beds, at a maximum
density of 4,972.8 gross floor area per acre zoned or a total gross
floor area of 72,000 square feet, whichever is less.
b) Limit the height of the assisted living facility to no more than 50 feet
as measured from average grade, and four (4) stories.
c) Special School at a maximum density of 1,787.1 gross floor area per
acre zoned or a total floor area of 23,000 square feet, whichever is
less. (U10-01)
d) Limit the height of the special school to no more than 40 feet as
measured from average grade, and two (2) stories.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 26, 2010*. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning
Ordinance, all other applicable City ordinances and these
conditions prior to the approval of a Land Disturbance Permit. In
the event the Recommended Conditions of Zoning cause the
approved site plan to be substantially different, the applicant shall
be required to complete the concept review procedure prior to
application for a Land Disturbance Permit. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
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3) To the owner’s agreement to the following site development
considerations:
a) Allow the exterior wall materials of all non-residential buildings and
townhouse, duplex and multifamily buildings to consist of a minimum of 65
percent (per vertical wall plane) of the following: brick or natural stone
(Section 64-1095(p)) for the assisted living facility. The front façade shall be
articulated with 65 percent brick or natural stone up through the gables.
(VC10-03, Part 1)
b) Allow accent building materials for all non-residential buildings and also
townhouse, duplex and multifamily units to be limited to a maximum of 35
percent brick, tile, non-reflective glass, natural stone and weathered,
polished or fluted face, 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 finish) or Hardi-Plank (Section 64-1095(q)) for
the assisted living facility. (VC10-03, Part 2)
c) Allow the following exterior siding colors as produced by Cabot Solid stains to
be permitted: Napa Vine, Newport Blue, Brickstone, Colonial Yellow, (Section
64-1095(t)) for the assisted living facility. (VC10-03, Part 3)
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide the
following:
i. Provide at least 12 feet of right-of-way from the back of curb of all
abutting road improvements or 1 foot from the back of sidewalk,
whichever is greater, along the entire property frontage, as well as
allow the necessary construction easements while right-of-way is
being improved.
ii. Installation/modification of the following transportation
infrastructure to be installed in accordance with Chapter 48 Streets,
Sidewalks and Other Public Places of the City of Milton Code of
Ordinances :
a) SB Right Turn Lane on Deerfield Pkwy at site driveway
1. Any existing sidewalk or utilities in conflict with new turn
lane location shall be relocated
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 25 of 30
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b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public
Works and shall conform to the following:
i. The Deerfield Pkwy driveway shall provide a minimum of 100 feet or
the 95% queue length, whichever is greater, of uninterrupted
access. This distance shall be measured from the edge of the thru
lane on Deerfield Pkwy to the edge of any interior drive aisle or
parking space.
5) To the owner’s agreement to abide by the following:
a) The stormwater management facilities shall utilize earthen embankments,
where possible. Walled structures are not encouraged. If walled structures
are proposed, they must meet the acceptable design standards of the
Department of Community Development.
i. Where side slopes for stormwater management facility are
steeper than 4:1 the facility shall have a six foot high, black
five-board equestrian style fence with two inch by four inch
welded wire constructed around it.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
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R/A Z00-45 R/P Z99-11
Prepared by the Community Development Department for the
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*Based on the Amended Letter of Intent Received by the Community Development
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11/8/2010
RZ10-05/U10-01/VC10-03 Page 27 of 30
R/A Z00-45 R/P Z99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 28 of 30
R/A Z00-45 R/P Z99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
RZ10-05/U10-01/VC10-03 Page 29 of 30
R/A Z00-45 R/P Z99-11
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010
*Based on the Amended Letter of Intent Received by the Community Development
Department on October 13, 2010 and Revised Site Plan Submitted October 26, 2010
11/8/2010
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Page is too large to OCR.
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO. RZ10-05/U10-01/VC10-03
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND O-I
(OFFICE-INSTITUTIONAL) TO C-1 (COMMUNITY BUSINESS) AND A USE PERMIT
FOR A SPECIAL SCHOOL PROPERTY LOCATED ON THE WEST SIDE OF
DEERFIELD PARKWAY WITH FRONTAGE OF 1,048 FEET
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 15, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located on the
west side of Deerfield Parkway with frontage of 1,048 feet, consisting of a total of approximately
12.87 acres as described in the attached legal description, be rezoned to C-1 (Community Business)
District and a Use Permit for a Special School with conditions, attached hereto and made a part
herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1114 and 1047 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 18 of the Zoning
Ordinance of the City of Milton and the Use Permit for a Special School be approved under the
provisions Section 64-1820 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 15th day of November, 2010.
Approved:
______________________
Joe Lockwood, Mayor
(Seal)
Attest:
__________________________
Sudie AM Gordon, City Clerk
CONDITIONS OF APPROVAL
RZ10-05/U10-01/VC10-03
The City of Milton Mayor and City Council approved the rezoning of property
located on Deerfield Parkway, West side with a frontage of 1,048 feet for C-1
(Community Business) CONDITIONAL, Use Permit for a Special School (Section 64-
1820) subject to the owner’s agreement to the following enumerated conditions.
Where these conditions conflict with the stipulations and offerings contained in the
Letter of Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Assisted Living Facility with no more than 72 beds, at a maximum
density of 4,972.8 gross floor area per acre zoned or a total gross floor
area of 72,000 square feet, whichever is less.
b) Limit the height of the assisted living facility to no more than 50 feet
as measured from average grade, and four (4) stories.
c) Special School at a maximum density of 1,787.1 gross floor area per
acre zoned or a total floor area of 23,000 square feet, whichever is
less. (U10-01)
d) Limit the height of the special school to no more than 40 feet as
measured from average grade, and two (2) stories.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 26, 2010. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning Ordinance,
all other applicable City ordinances and these conditions prior to the
approval of a Land Disturbance Permit. In the event the
Recommended Conditions of Zoning cause the approved site plan to
be substantially different, the applicant shall be required to complete
the concept review procedure prior to application for a Land
Disturbance Permit. Unless otherwise noted herein, compliance with all
conditions shall be in place prior to the issuance of the first Certificate
of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) Allow the exterior wall materials of all non-residential buildings and townhouse,
duplex and multifamily buildings to consist of a minimum of 65 percent (per
vertical wall plane) of the following: brick or natural stone (Section 64-1095(p)) for
the assisted living facility. The front façade shall be articulated with 65 percent
brick or natural stone up through the gables. (VC10-03, Part 1)
b) Allow accent building materials for all non-residential buildings and also
townhouse, duplex and multifamily units to be limited to a maximum of 35
percent brick, tile, non-reflective glass, natural stone and weathered, polished or
fluted face, 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 finish) or Hardi-Plank (Section 64-1095(q)) for the assisted living facility.
(VC10-03, Part 2)
c) Allow the following exterior siding colors as produced by Cabot Solid stains to be
permitted: Napa Vine, Newport Blue, Brickstone, Colonial Yellow, (Section 64-
1095(t)) for the assisted living facility. (VC10-03, Part 3)
4) To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a
Certificate of Occupancy, sufficient land as necessary to provide the
following:
i. Provide at least 12 feet of right-of-way from the back of curb of all
abutting road improvements or 1 foot from the back of sidewalk,
whichever is greater, along the entire property frontage, as well as
allow the necessary construction easements while right-of-way is being
improved.
ii. Installation/modification of the following transportation infrastructure to
be installed in accordance with Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances :
a) SB Right Turn Lane on Deerfield Pkwy at site driveway
1. Any existing sidewalk or utilities in conflict with new turn
lane location shall be relocated
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public Works
and shall conform to the following:
i. The Deerfield Pkwy driveway shall provide a minimum of 100 feet or the
95% queue length, whichever is greater, of uninterrupted access. This
distance shall be measured from the edge of the thru lane on
Deerfield Pkwy to the edge of any interior drive aisle or parking space.
5) To the owner’s agreement to abide by the following:
a) The stormwater management facilities shall utilize earthen embankments,
where possible. Walled structures are not encouraged. If walled structures
are proposed, they must meet the acceptable design standards of the
Department of Community Development.
i. Where side slopes for stormwater management facility are
steeper than 4:1 the facility shall have a six foot high, black five-
board equestrian style fence with two inch by four inch welded
wire constructed around it.
Revised Site Plan Submitted October 26, 2010
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U10-02/VC10-04
PETITION NUMBER(S):
U10-02
VC10-04
PROPERTY INFORMATION
ADDRESS 13120 Arnold Mill Road
DISTRICT, LAND LOT 2/2, 1018
OVERLAY DISTRICT Northwest Fulton Overlay
EXISTING ZONING AG-1
ACRES 1.7102
EXISTING USE Landscaping Business
PROPOSED USE Use Permit for Landscaping Business (Section 64-1820)
OWNER The Landscape Group, Inc.
Frank Schaffer
ADDRESS 13120 Arnold Mill Road
Milton, Georgia 30075
REPRESENTATIVE Rolader and Shippel
Donald Rolader
11660 Alpharetta Hwy
Roswell, GA 30076
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COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION
U10-02 – DENIAL
VC10-04, Parts 1-4 – DENIAL
CITY OF MILTON PLANNING COMMISSION RECOMMENDATION –
OCTOBER 26, 2010
U10-02 – APPROVAL CONDITIONAL - 6-0
VC10-04, PARTS 1-4 – APPROVAL CONDITIONAL - 6-0
The Planning Commission recommended approval conditional with an
amendment to Condition 3.a. to provide for mature buffer plantings.
The Planning Commission asked Staff what other uses could occur on the site
without the approval of the request. In response, Staff stated that it could be
utilized for a single family residence. Further, the Commission asked when Arnold
Mill Road (SR 140) may be widened and if the improvements will encroach
further into the site. Staff stated that the required right-of-way will provide the
future redesign for four lanes of the road per the Georgia Department of
Transportation. In addition, based on the letters sent out to 164 property owners
within a quarter of a mile of the site there was one phone call inquiring where
the site was located. There were no further responses received by the applicant
or Staff regarding the site. The Commission asked if the properties on either side
INTENT
To request a Use Permit for a Landscaping Business (Sec 64-1820) and a 4-part concurrent
variance in the existing buildings consisting of an 800 square foot office and 6,600 square
foot warehouse for a total of 7,400 square feet at an overall density of 4,327 square feet per
acre:
1) To reduce a portion of the 50-foot buffer and 10-foot improvement setback to 0 feet
beginning at a point on the west property line at the northwestern property corner for a
total distance of 126 feet to a point on the west property line located 126 feet south of the
northwestern property corner (Sec 64-1141.3.a),
2) To reduce a portion of 50-foot buffer and 10-foot improvement setback to a 30-foot
undisturbed buffer with a 10-foot improvement setback beginning at a point located 40
feet south of the northeastern property corner for a total distance of 98 feet to a point on
the east property line located 138 feet south of the northeastern property corner.
(Sec 64-1141.3.a.),
3) To reduce the 50-foot building setback to a 44.09-foot setback for the warehouse along
the east property line (Sec 64-1820(b)3),
4) To reduce the 50-foot building setback to a 47.58-foot setback for the warehouse and a
28.25-foot setback for the steps to the office deck along the west property line (Sec 74-
1820(b)3).
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were developed with commercial development, what would be the required
buffering. Staff stated that a commercial property would be required to provide
a 10-foot landscape strip. It was also the opinion of some of the Commission that
eventually, the properties on both sides of the subject site would be developed
commercial. Lastly, the existing buffer encroachments would remain if the
applicant vacates the property and the applicant’s landscaping business as
conditioned would result in an improved appearance for the area.
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LOCATION MAP
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ZONING MAP
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FUTURE LAND USE PLAN MAP
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REVISED SITE PLAN SUBMITTED OCTOBER 19, 2010 (3 sheets)
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Looking south along west property line
Looking from east to west property line behind office
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Frontage looking east along Arnold Mill Road
Southside of Warehouse
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MAIN OFFICE BUILDING ON SUBJECT SITE
SUBJECT SITE
The subject site is a 1.7102 acre tract of agriculturally zoned land, located on the
southern side of Arnold Mill Road. The subject site is developed with an 800 sq.
ft. house which is used as an office and a two story 6,600 sq. ft. warehouse (3,300
sq. ft for each level). It is located within the Agricultural, Forestry and Mining
Land Use designation on the City of Milton Partial Plan Update.
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U10-02/VC10-04
USE PERMIT CONSIDERATIONS
In the interest of the public health, safety and welfare, the Mayor and City
Council may exercise limited discretion in evaluating the site proposed for a use
that requires a Use Permit. In exercising such discretion pertaining to the subject
use, the Mayor and City Council shall consider each of the following as outlined
in Section 64-1552 of the Zoning Ordinance; Use Permit Considerations. Staff has
reviewed said items pertaining to the subject use, and, offers the following
comments:
A. Whether the proposed use is consistent with the land use or economic
development plans adopted by the Mayor and City Council:
The requested Use Permit is inconsistent with the intent and following
policies of the City of Milton Partial Plan Update:
We will direct development pressure away from agricultural
areas and encourage development to occur close to
transportation opportunities.
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We support appropriate residential and non-residential infill
development and redevelopment in ways that complement
surrounding areas.
Based on the applicant’s need for concurrent variances to reduce the
undisturbed buffer and setbacks required by the Use Permit from adjacent
AG-1 (Agricultural) to the west and a residential use in AG-1 (Agricultural)
to the east, it does not provide for appropriate transition of uses.
B. Compatibility with land uses and zoning districts in the vicinity of the
property for which the use permit is proposed;
The proposed Landscaping Business is not compatible with land uses in
the vicinity based on the need for reduction of undisturbed buffers and
required building setbacks for the Use Permit that would provide the
necessary protection of the adjacent properties. Staff notes that the
applicant made a request for Use Permit for a landscaping business on
the subject site that was denied by the City of Milton Mayor and City
Council on October 19, 2009. On December 17, 2007, the Milton City
Council denied a request for a landscaping business in AG-1 with
concurrent variances on Hopewell Road pursuant to U07-06/VC07-13. In
addition, the Fulton County Board of Commissioners denied a request for
a Landscape Business and concurrent variances in AG-1 on Birmingham
Hwy pursuant to 2004U-08/2004VC-077. Staff notes that on November 17,
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2008, Milton City Council approved a use permit for a landscaping
business in AG-1 that did not require any variances at 13365 Arnold Mill
Road pursuant to U08-06.
Location Parcel /
Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor
Area
West 1 (AG-1) Agricultural
Undeveloped
1 u/a
Northwest 2 (AG-1) Agricultural
Single-family home
1 u/a
Northwest 3 (AG-1) Agricultural
Single-family home
1 u/a
North 4 (AG-1) Agricultural
Single-family home
1 u/a
Northeast 5 (AG-1 Agricultural
Undeveloped
1 u/a
Further East 6 (AG-1) Agricultural
Sweet Apple Animal Hospital
1 u/a
East 7 (AG-1) Agricultural
Single-family home
1 u/a
South 8 (AG-1) Agricultural
Heydon Hall Subdivision
City of Roswell
1 u/a
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Existing Uses Map
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C. Whether the proposed use may violate local, state and/or federal statutes,
ordinances or regulations governing land development;
Some disturbance has occurred in the 50-foot undisturbed buffer as well
as the 25-foot state buffer. Action has been taken concerning the
disturbance of the 25-foot state buffer and has been adjudicated in the
court. These areas will also need to be re-vegetated to buffer standards.
D. The effect of the proposed use on traffic flow, vehicular and pedestrian,
along adjoining streets;
The proposed use will not generate a significant increase in traffic, but if
this petition is approved, Staff recommends that only one entrance be
utilized at the western side of the property based on site distance
requirements along Arnold Mill Road.
E. The location and number of off-street parking spaces;
Section 64-1410 requires the applicant to provide a minimum of 3 parking
spaces per 1,000 square feet of office space and provide 1 parking space
per 2,000 square feet of warehouse space. The Use Permit standards
pursuant to Section 64-1820.b.2 requires the applicant to locate parking
and storage of work vehicles outside of the minimum 60-foot front yard
building setback. The applicant’s site plan indicates seven parking
spaces which meet the requirements of Article 64-1410 and are located
outside the 60-foot front yard building setback. In addition, the site plan
indicates the handicapped space on a concrete parking pad in front of
the warehouse. The applicant intends to provide a telephone for a
handicapped customer to call for assistance from the office.
F. The amount and location of open space;
The applicant’s site plan indicates that approximately one half of the
subject site is undeveloped. Staff notes that this open space is located
behind the stream which bisects the property approximately in the
middle. In addition there is an additional stream running north to south.
Although, the proposed development will provide adequate open space
on the south side of the property, the portion north of the stream does not
provide sufficient open space based on the applicant’s variance requests
to reduce the buffers. Staff notes that the existing warehouse’s location
within the 25-foot city stream buffer and 25-foot non-impervious setback is
grandfathered, but it does eliminate possible open space to provide a
more consistent development with adjacent properties.
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G. Protective screening;
The request for buffer variances does not provide sufficient screening for
adjacent properties along portions of the east and west property lines.
Staff notes that the applicant intends to remove the concrete along the
frontage near the east property line and replant to buffer standards for a
distance of 40 feet from the northeast corner of the property. The
application is requesting a reduction in the undisturbed buffer along the
west property line to zero feet for a distance of 126 feet to allow the
relocated entrance. It is Staff’s opinion that the proposed use is too
intense for this particular property based in part by the amount of
equipment described in section H and the apparent lack of screening.
H. Hours and manner of operation;
The applicant states that the hours of operation are from 7:30am to
6:00pm. The business is a full landscape, maintenance, and design
company. Equipment consists of mowers, leaf blowers, edgers, and
trimmers, which are stored in boxed trucks. This business has two box
trucks for lawn maintenance, two landscape trucks, two midsize pickup
trucks for sales and service, one bobcat, and one box trailer.
I. Streetscape lighting;
At the time of issuance of a City of Milton Business License, the site shall be
in compliance with Section 64-1144 of the Northwest Fulton Overlay District
regarding outdoor lighting. Staff notes that the applicant does not have
any plans for additional lighting on the property.
J. Ingress and egress to the property.
The applicant’s site plan indicates one curb cut on Arnold Mill Road. Staff
notes that there are two existing entrances to the property. The applicant
proposes to close one of these entrances due to the high volume of traffic
on Arnold Mill Road. If this petition is approved, Staff will require the
entrance on the east be closed to provide ingress and egress on the most
western portion of the property.
Based on the above Use Permit Considerations and City Council policy for the
subject site and that the new request is not significantly different from the
previous one, the proposed use is not in the interest of the public health, safety
and welfare. Therefore, Staff recommends the request for a Landscape Business,
U10-02 be DENIED
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SITE PLAN ANALYSIS
Based on the revised site plan submitted on October 19, 2010, Staff offers the
following considerations:
Northwest Fulton Overlay District
Building Setback
For non-residential structures, Section 64-1145.3.b. of the Northwest Overlay
District requires a maximum 30-feet building setback from the edge of the
required landscape strip and/or easements for all properties and lots located
adjacent to public rights-of-way and from 0 to 400 feet from an intersection. The
site plan indicates the office to be approximately 27 feet from the right-of-way.
There are no additional structures proposed on the site.
Section 64-416 (AG-1 District) of the Milton Zoning Ordinance requires a
minimum side yard of 25 feet, and a minimum rear yard of 50 feet. The site plan
appears to be in compliance with the remainder of the side and rear building
setbacks.
BUILDING HEIGHT
Section 64-1145.4 of the Northwest Fulton Overlay District requires a maximum
height limit of two stories with the maximum height 30 feet from average-finished
grade to the bottom of the roof eave. It appears that the applicant meets this
requirement for both the house and warehouse.
OTHER CONSIDERATIONS
The Fulton County Health Department requires working wells and septic
tanks/lines to be a minimum of 100 feet apart. The applicant’s plumber has
determined that the distance between the well and septic tank/lines are 106
feet. In addition, the plumber has stated that the lines are located west of the
tank away from the well. The Fulton County Health Department tested the
water quality with a satisfactory result (see report attached). In addition, the
official comments from the Health Department are attached at the end of the
report.
LANDSCAPE BUSINESS USE PERMIT STANDARDS
The applicant’s site plan appears to meet the use permit standards except for
Section 64-1820b.3. which requires all use areas/structures other than parking
and pedestrian walkways shall be located at least 50 feet from any adjoining
residential district or AG-1 (Agricultural) district. The related concurrent variances
are discussed below.
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LANDSCAPE STRIPS AND BUFFERS
Section 64-1141.a. states that all properties shall provide a minimum 10 foot-wide
landscape strip along all public streets. It appears that the applicant has met
this requirement. Staff notes that the low wall and sign adjacent to the Arnold
Mill Road is located in the right-of-way and therefore must be removed.
Furthermore, Section 64-1141.3.a. of the Northwest Overlay District requires a
fifty (50) foot-wide undisturbed buffer and a 10’ improvement setback which
shall be located adjacent to all AG-1 zoning districts and all property zoned,
used, or developed for residential uses. Staff notes that the applicant is
applying for two concurrent variances to delete the 50’ buffer and 10’
improvement setback on the east and west property lines for the following
requests:
VC10-04, Parts 1 and 2
Part 1 – Beginning at a point on the west property line at the northwestern
property corner; to reduce a portion of the 50-foot buffer and 10-foot
improvement setback to 0 feet beginning at a point on the west property line at
the northwestern property corner for a total distance of 126 feet to a point on
the west property line located 126 feet south of the northwestern property
corner (Section 64-1141.3.a)
Part 2 – Beginning at a point on the east property line located 40 feet south of
the northeastern property corner; to reduce a portion of the 50-foot buffer and
10-foot improvement setback be reduced to a 30-foot undisturbed buffer with a
10-foot improvement setback for a total distance of 98 feet to a point on the
east property line located 138 feet south of the northeastern property corner
(Section 64-1141.3.a).
It is Staff’s opinion that the proposed use on the subject site with the re quested
reduction in buffers is too intensive for the property adjacent to agricultural and
residential uses as discussed within the Use Permit Considerations. In addition, it is
Staff’s opinion that the need for the buffer reductions are caused by the
applicant’s request to operate a landscaping business that does not comply
with the zoning ordinance as well as not complying with all of the variance
considerations contained in Section 64-1883. Therefore, Staff recommends
DENIAL of VC10-04, Parts 1 and 2.
VC10-04, Parts 3 and 4
Part 3 - To reduce the 50-foot building setback to a 44.09-foot setback for the
warehouse along the east property line (Sec 64-1820(b) 3).
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Part 4 - To reduce the 50-foot building setback to a 47.58-foot setback for the
warehouse and a 28.25-foot setback for the steps to the office deck along the
west property line (Sec 74-1820(b) 3).
Although the two buildings that require a reduction in setbacks are existing
structures, by requesting a landscaping business, the buildings are not in
compliance with the Use Permit standards. It further demonstrates that the
proposed use is too intensive for the property and does not provide adequate
setbacks to adjacent AG-1 (Agricultural) properties. In addition, it is Staff’s
opinion that the need for the reductions are caused by the applicant’s request
to operate a landscaping business that does not comply with the zoning
ordinance as well as not complying with all of the variance considerations
contained in Section 64-1883. Therefore, Staff recommends DENIAL of VC10-04,
Parts 3 and 4.
If the City Council approves the Use Permit, the Public Works Department
requires that the applicant relocate the property entrance to the western side
of the property due to sight distance issues, the attached conditions will provide
for the reduced buffer to allow a safe egress.
If the City Council approves the Use Permit, the applicant must replant the
eastern side of the property to buffer standards as prescribed by the City of
Milton Zoning Ordinance. This will be reflected in the attached conditions.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Section 64-1410 of the City
of Milton Zoning Ordinance for the proposed use:
Proposed Use Minimum Requirement Spaces Provided
General Office
(800 sq. ft.)
Warehouse (6,600 sq. ft.)
Total
3 spaces per 1,000 sq. ft. of
building area (3 spaces)
1 space per 2,000 sq. ft. of
building area (4 spaces)
7 spaces required
7 spaces provided
Staff notes that the applicant is providing seven (7) parking spaces, which meets
the required seven (7) parking spaces required per of the City of Milton Zoning
Ordinance. One of the seven parking spaces is required to be a handicapped
space. The handicapped space is located on a concrete parking pad in front
of the warehouse. The applicant intends to provide a telephone for a
handicapped customer to call for assistance from the office. This is an
acceptable location per the Building Official.
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 21 of 26
U10-02/VC10-04
STORMWATER ENGINEERING/INSPECTOR
The subject site is an approximate 1.7102 acre site located on Arnold Mill Road
which is State Route 140. The lot is bisected by a perennial stream which limits
access to the southern half of the lot. An additional perennial stream runs from
north to south on the southern half of the site. The southern half is also heavily
wooded with several specimen trees. There are three buildings on the property,
a single family residence and one large storage building and one small storage
building. All were constructed prior to Milton becoming a city. The storage
building is located within the 50 foot stream buffer and the impervious set back.
It would be grandfathered by the existing ordinance. Since 2007, some grading
and the addition of impervious surface have been added to the site. Some of
the disturbance has occurred in the 50 foot undisturbed buffer as well as the 25
foot state buffer. Action has been taken concerning the disturbance of the 25
foot state buffer and has been adjudicated in the court. These areas will also
need to be re-vegetated to buffer standards or obtain a variance.
Should the Use Permit be approved we have the following comments:
1. The applicant will be required to obtain a land disturbance permit prior
to the issuance of a business license.
2. The proposed plan must demonstrate compliance with the stormwater
ordinance. (Including recently installed impervious areas.)
3. The applicant must obtain approval from Fulton County Health
department as it affects the existing septic system.
4. The plan shall include retaining walls as may be needed to clear the 50
foot buffer.
5. The plan shall be approved as required by DOT.
CITY ARBORIST
Much of the vegetation within the western buffer was removed prior to
submission as well as vegetation within the 75’ non-impervious setback. The
eastern portion of property was previously void of trees and is being used for
parking and storage. Area of disturbance around the specimen pine tree
appears to have been done previously. Buffers east and west of the warehouse
shall be planted to buffer standards and must be approved by the Arborist.
Buffer plantings shall remain in perpetuity and with good vigor and shall be
replaced if it dies. A bond will be required for the specimen pine tree along the
east property line toward Arnold Mill Road to assure its vitality for two years.
A re-vegetation plan has been submitted to the City Arborist for review. The
following are his comments regarding this plan:
Stream buffer plan does meet or exceed re-vegetation requirements.
Plantings may vary to small degree as there may be existing vegetation to
remain where credit will be given.
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 22 of 26
U10-02/VC10-04
Eastern buffer plan meets requirements however would like to discuss tree
placement plan further with the landscape architect. Specimen pine tree
shall be saved or recompensed if damaged or removed.
Landscape strip provides appropriate screening and street trees are
appropriate selection as they are underneath power lines.
Site well exceeds tree density with undisturbed portion on south side of the
stream.
PUBLIC INVOLVEMENT
On September 28, 2010 the applicant was present at the Community Zoning
Information Meeting held at the Milton City Hall. There were no other attendees
present.
City of Milton Design Review Board Meeting – October 5, 2010
No objections to use permit; hardship is pretty well demonstrated for
variances.
Public Participation Plan and Report
The applicant has met the requirements of the Public Participation Plan. The
applicant submitted the public participation report on October 19, 2010 and an
update 7 business days prior to the Mayor and City Council meeting.
CONCLUSION
Staff finds that the proposed use and requested concurrent variances are not
compatible with other uses in the area and is not in the public’s best interest,
safety and welfare. In addition, City Council’s prior policy for the subject site is
not to allow a landscape business and the new request is not significantly
different than the previous request. Therefore, Staff recommends DENIAL of U10-
02 and VC10-04, PARTS 1-4.
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 23 of 26
U10-02/VC10-04
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a Landscape Business (Section 64-1820) CONDITIONAL subject to
the owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council .
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Landscape business within the existing house and warehouse at a
density of 4,326.9 gross floor area per acre zoned or a total gross
floor area of 7,400 square feet, whichever is less.
2) To the owner’s agreement to abide by the following:
b) To the revised site plan received by the Milton Community
Development Department on October 19, 2010. Said site plan is
conceptual only and must meet or exceed the requirements of the
Zoning Ordinance and these conditions prior to the issuance of a
City of Milton Business License. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) Remove portions of concrete pad on eastern side of property as
depicted on the revised site plan submitted on October 19, 2010
and replant to buffer standards as prescribed by the City of Milton
Zoning Ordinance and replanting shall be mature. Specimen pine
tree in this area shall require a bond.
b) Delete the 50-foot undisturbed buffer and 10-foot improvement
setback for a total of 127 feet to a point on the west property line
located 127 feet south of the northwestern property corner to the
revised site plan received October 19, 2010 for the purpose of
allowing the existing driveway only (VC10-04, Part 1).
c) Provide a 30-foot undisturbed buffer and 10-foot improvement
setback along the east property line beginning at a point located
40 feet south of the northeastern property corner for a distance of
98 feet to a point on the east property line located 138 feet south of
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 24 of 26
U10-02/VC10-04
the northeastern property corner to the revised site plan received
October 19, 2010. (VC10-04, Part 2)
d) Provide a 44.09-foot building setback for the existing warehouse
along the east property line. (VC10-04, Part 3)
e) Provide a 47.58-foot building setback for the existing warehouse
along the west property line and a 28.25-foot building setback
along the west property line. (VC10-04, Part 4)
f) Prior to the issuance of a City of Milton Business License, the
applicant must obtain a land disturbance permit and complete the
requirements of said land disturbance permit.
g) The site and buildings must meet applicable accessibility codes.
h) Provide a landscape plan including the buffer mitigation plan for
the areas of the stream buffer that are disturbed.
4) To the owner’s agreement to abide by the following requirements,
dedication and improvements:
a) Provide any turn lanes as may be required by GDOT.
b) Provide only one driveway location at the northwest end of the
property based upon best sight distance as approved by the
Director of Public Works and GDOT.
i. Entrance shall meet the City of Milton Code of Ordinances
and AASHTO guidelines, or be reconstructed to meet such
criteria, at the approval of the Transportation Engineer for
Milton and GDOT.
c) Close additional driveway and remove concrete within the Right of
Way located at the southeast end of the property.
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 25 of 26
U10-02/VC10-04
Comments from the Fulton County Department of Health and Wellness:
Since this development utilizes an onsite sewage management system, this
department must determine the capacity of the system based on documentation
submitted for review and existing conditions. The owner must obtain approval
from this department prior to issuance of a building permit, before building
construction or renovation, and/or prior to occupancy.
Since this development utilizes an individual onsite water supply, the owner must
contact this department for onsite water supply testing.
Since this development utilizes an individual onsite water supply, the owner must
obtain approval from this department prior to issuance of a building permit, before
building construction or renovation, and/or prior to occupancy.
This facility must comply with the Georgia Smokefree Air Act of 2005 and the
Fulton County Code of Ordinances and Code of Resolutions, Chapter 34 – Health
and Sanitation, Article III – Clean Indoor Air.
Prepared by the Community Development Department for the
Mayor and City Council on November 15, 2010
11/8/2010 Page 26 of 26
U10-02/VC10-04
STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO. U10-02/VC10-04
AN ORDINANCE TO APPROVE A USE PERMIT FOR A LANDSCAPING BUSINESS
LOCATED AT 13120 ARNOLD MILL ROAD (SR 140)
TAX PARCEL ID 22 356010180180
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 15, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 13120
Arnold Mill Road, consisting of a total of approximately 1.7102 acres as described in the attached
legal description, for a Use Permit for a Landscaping Business with conditions, attached hereto and
made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1018 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the Use Permit for a Landscaping Business in the attached conditions of
approval, be approved under Section 64-1820 of the Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 15th day of November, 2010.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
__________________________ (Seal)
Sudie AM Gordon, City Clerk
CONDITIONS OF APPROVAL
U10-02/VC10-04
The Mayor and City Council approved this USE PERMIT for a Landscaping Business
(Section 64-1820) CONDITIONAL subject to the owner’s agreement to the following
enumerated conditions. Where these conditions conflict with the stipulations a nd
offerings contained in the Letter of Intent, these conditions shall supersede unless
specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Landscape business within the existing house and warehouse at a
density of 4,326.9 gross floor area per acre zoned or a total gross floor
area of 7,400 square feet, whichever is less.
2) To the owner’s agreement to abide by the following:
b) To the revised site plan received by the Mil ton Community
Development Department on October 19, 2010. Said site plan is
conceptual only and must meet or exceed the requirements of the
Zoning Ordinance and these conditions prior to the issuance of a City
of Milton Business License. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
3) To the owner’s agreement to the following site development
considerations:
a) Remove portions of concrete pad on eastern side of property as
depicted on the revised site plan submitted on October 19, 2010 and
replant to buffer standards as prescribed by the City of Milton Zoning
Ordinance and replanting shall be mature. Specimen pine tree in this
area shall require a bond.
b) Delete the 50-foot undisturbed buffer and 10-foot improvement
setback for a total of 127 feet to a point on the west property line
located 127 feet south of the northwestern property corner to the
revised site plan received October 19, 2010 for the purpose of allowing
the existing driveway only (VC10-04, Part 1).
c) Provide a 30-foot undisturbed buffer and 10-foot improvement setback
along the east property line beginning at a point located 40 feet south
of the northeastern property corner for a distance of 98 feet to a point
on the east property line located 138 feet south of the northeastern
property corner to the revised site plan received October 19, 2010.
(VC10-04, Part 2)
d) Provide a 44.09-foot building setback for the existing warehouse along
the east property line. (VC10-04, Part 3)
e) Provide a 47.58-foot building setback for the existing warehouse along
the west property line and a 28.25-foot building setback along the west
property line. (VC10-04, Part 4)
f) Prior to the issuance of a City of Milton Business License, the applicant
must obtain a land disturbance permit and complete the requirements
of said land disturbance permit.
g) The site and buildings must meet applicable accessibility codes.
h) Provide a landscape plan including the buffer mitigation pl an for the
areas of the stream buffer that are disturbed.
4) To the owner’s agreement to abide by the following requirements, dedication
and improvements:
a) Provide any turn lanes as may be required by GDOT.
b) Provide only one driveway location at the northwest end of the
property based upon best sight distance as approved by the Director
of Public Works and GDOT.
i. Entrance shall meet the City of Milton Code of Ordinances and
AASHTO guidelines, or be reconstructed to meet such criteria, at
the approval of the Transportation Engineer for Milton and
GDOT.
c) Close additional driveway and remove concrete within the Right of
Way located at the southeast end of the property.
REVISED SITE PLAN SUBMITTED OCTOBER 19, 2010
i
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
D SQUARED DEVELOPMENT, LLC,
Plaintiff, )
V. )
MILTON, GEORGIA, a Municipal )
Corporation of the State of )
Georgia; the CITY COUNCIL OF THE )
CITY OF MILTON, GEORGIA, MAYOR JOE )
LOCKWOOD, KAREN THURMAN, JULIE )
ZAHNER BAILEY, WILLIAM C. LUSK, )
BURT HEWITT, JOE LONGORIA, and )
ALAN TART, individually in their )
official capacities as Members of )
the City Council of the City of )
Milton, Georgia, )
Defendants.
ORDER
CIVIL ACTION
FILE NO. 2010 -CV -186725
SEP - 17010
DEPUTY CLERK SUPERIOR COURT
It appearing to the Court that the parties wish to revisit
the petition for rezoning forming the basis of this lawsuit and
that this can only be accomplished by a remand of the petition,
the petition for rezoning is remanded to the City Council of the
City of Milton, Georgia for a period of sixty (60) days from the
date of entry of this Order and discovery is stayed for that
period of time. The Court shall retain jurisdiction over this
matter to determine the lawfulness of the actions of the City
Council. At the end of the sixty (60) day period the discovery
period shall resume with this matter proceeding accordingly
absent communication to the Court otherwise in writing and
agreed to by the parties.
SO ORDERED this day of / A010.
The Honor le Al ,rd J. Dempsek, Jr.
Superior Court Fulton County
CONSENTED TO �B/Y :
G. Douglas Dillard, B9q.
Lauren M. Hansford, Esq.
DILLARD AND GALLOWAY, LLC
Attorneys for D Squared Development, LLC
3500 Lenox Road, Suite 760
Atlanta, Georgia 30326
CONSENTED TO BY:
Kelly Michael Hundle Es 1
Y
HENDERSON & HUNDLEY PC
Attorneys for Defendants
160 Clairemont Avenue, Suite 430
Decatur, GA 30030
(404) 378-7417
RZ10-01 – D-Squared Development
October 6, 2010
The applicant has submitted the attached landscaping plan in color and black and
white versions. The City Arborist has reviewed the plan and made the following
comments:
Tree density, parking island trees, screening requirements, and landscape strip
have all been addressed sufficiently with few minor exceptions. These can easily
be addressed with further discussion with the City Arborist at the plan submittal
and review stage. The City Arborist will want to discuss tree selection and
placement with the project landscape architect.
The applicant has also agreed to install the following benches/trash receptacles
on the property as determined by the City Council. This particular model is
acceptable to Staff and will be a recommended design for the State Route 9
Overlay District.
VICTOR STANLEY CR-138 – 4 OR 6 FOOT BENCH
VICTOR STANLEY S-35
Rendering for
Bethany Bend Road at Highway 9
NORTH
City of Milton, Georgia
MAYS, 2010
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STATE OF GEORGIA ORDINANCE NO.
COUNTY OF FULTON PETITION NO. RZ10-01
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) DISTRICTS TO C-1 (COMMUNITY BUSINESS) DISTRICT,
PROPERTY LOCATED AT 3105 BETHANY BEND
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 15, 2010 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located at 3105
Bethany Bend consisting of a total of approximately .871 acre, be changed from the C-1
(Community Business) and AG-1 (Agricultural) to C-1 (Community Business) District with
conditions attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section,
Fulton County, Georgia by the attached legal description; and
SECTION 2. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 3. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 15th day of November, 2010.
Approved:
______________________
Joe Lockwood, Mayor
Attest:
________________________________
Sudie AM Gordon, City Clerk
(Seal)
If this petition is approved by the Mayor and City Council, it should be APPROVED
C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the
following enumerated conditions. Where these conditions conflict with the
stipulations and offerings contained in the Letter of Intent, these conditions shall
supersede unless specifically stipulated by the Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail Commercial and accessory uses, at a maximum density of 2,411
gross floor area per acre zoned or a total gross floor area of 2,100
square feet whichever is less and a maximum of 4 gasoline pumps,
whichever is less but excluding freestanding fast food restaurants,
commercial amusements (cinemas not included), package liquor
sales, (restaurants may sell liquor by the drink), motels, hotels, adult
entertainment establishments including adult bookstores, adult
entertainment as defined in Section 64-1, check cashing stores, pawn
shops, coin operated laundries, video arcades (video machines that
are incidental to otherwise permitted businesses are allowed), pool
halls, massage parlors, nail salons, stand alone beauty salons, stand
alone barber shops, flea markets, discount retail shops, roadside
vending, roadside produce stands or seasonal vending.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on April 20, 2010. 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. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of
the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) All new sidewalk installations along the rights-of-ways shall have a color
stamped pattern to simulate a transverse double row brick paver pattern
every 50 feet, to be approved by the City of Milton Design Review Board.
b) Provide a black four-board-equestrian-styled fence along all sidewalks
interior to the landscape strip or as approved by the Director of
Community Development.
c) Provide additional landscaping within the required landscape strip along
the south property line as approved by the City Arborist.
d) Provide new fire hydrant along Bethany Bend between the entrance and
the point where the 50 foot taper begins or as approved by the Fire
Marshal and Fire Chief.
e) Provide one fire department connection (FDC) along Hwy 9 near the
apex of the site and provide an additional FDC where pedestrian access
is shown on the site plan along Bethany Bend approximately halfway
between the two ends of Bethany Bend and the northern apex of the site
for fire department staging off site, or as approved by the Fire Marshal
and Fire Chief.
f) Provide Fire Department accesses along Bethany Bend and Hwy 9 where
FDCs and fire hydrants are located with a minimum width opening of the
equestrian style fence of eight (8) feet or as approved by the Fire Marshal
and Fire Chief.
g) No outside speakers/intercoms permitted on the premises.
h) All canopy lighting must be recessed.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
i. Provide at least 30 feet of right-of-way from the centerline of
Bethany Bend
ii. Provide at least 12 feet of right-of-way from the back of curb of all
abutting road improvements, along the entire property frontage, as
well as allow the necessary construction easements while right-of-
way is being improved.
iii. Provide bicycle and pedestrian improvements along entire property
frontage of HWY 9 and Bethany Bend according to cross sections in
Chapter 48 Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances and as approved by Milton Public
Works.
iv. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances :
a) NB Right Turn Lane on HWY 9 at new access drive
b) NB Right Turn Lane on HWY 9 at Bethany Bend
c) EB Right Turn Lane on Bethany Bend at new access drive
b) Reserve for the City of Milton along the necessary property frontage of
the following roadways, prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide for compliance with the
Comprehensive Transportation Plan. The location of the landscape strip
with the reserved right-of-way to be determined by the Director of
Community Development.
i. 55 feet from centerline of HWY 9 or as may be required by GDOT
ii. 45 feet from centerline of Bethany Bend
a) Access to the site shall be subject to the approval of the GDOT
District 7 Access Management Engineer and Milton Public
Works, prior to the issuance of a Land Disturbance Permit.
b) Provide a 30 foot wide cross-access easement free of any
structures or utilities for future vehicular and pedestrian inter-
parcel access on the south property line as approved by
Milton Public Works.
Revised Site Plan Submitted April 20, 2010 - RZ10-01
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
11/8/2010 Page 1 of 32
RZ10-01
PETITION NUMBER(S):
RZ10-01
PROJECT NAME
Gas Station
PROPERTY INFORMATION
ADDRESS 3105 Bethany Bend
DISTRICT, LAND LOT 2/2 831
OVERLAY DISTRICT State Route 9
EXISTING ZONING C-1 (Community Business), AG-1 (Agricultural)
PROPOSED ZONING C-1 (Community Business)
ACRES 0.871
EXISTING USE Undeveloped
PROPOSED USE Gas Station and Convenience Store
OWNER D Squared Development LLC, Mehdi Jannatkhah
ADDRESS 2489 Dallas Hwy
Marietta, GA 30064
PETITIONER/REPRESENTATIVE Nathan V. Hendricks III
PHONE 404-255-5161
COMMUNITY DEVELOPMENT RECOMMENDATION – FEBRUARY 23, 2010
RZ10-01 - DENIAL
VC10-01 – DENIAL
INTENT
To rezone from AG-1 (Agricultural) and C-1 (Community Business) to C-1
(Community Business) to develop a 2,100 square foot building with 4 pump islands at
a density of 2,411 square feet per acre. *
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
11/8/2010 Page 2 of 32
RZ10-01
PLANNING COMMISSION RECOMMENDATION – FEBRUARY 23, 2010
RZ10-01 – DENIAL 6-0
VC10-01- DENIAL 6-0
After hearing many public concerns in the areas of traffic generation, public
loitering, availability of similar uses in the area, alcohol sales, and pedestrian
accessibility, the Planning Commission discussion included the following issues:
1) Number of times a week is fuel delivered per week: The applicant stated
that it would be 2 to 3 times a week during the slow times of the day.
2) Number of employees per shift: The applicant stated 2 to 3 with a total of
8-10 employees total.
3) Potential congestion conflicts onsite: Trash emptying and deliveries will be
tight according to the applicant’s engineer.
4) The need for the 5th pump: The applicant stated that it was increased
economic benefit.
5) Is it possible to design the site without the concurrent variance: The
applicant stated that they would consider eliminating the 5th pump and
submit a revised site plan but it may not be viable to build.
6) Some of the Commissioners expressed that although eventually the
parcel maybe rezoned to commercial, the proposed use is too intensive
for the size and shape of the property.
Since the time of the Planning Commission meeting, the applicant has
submitted to the Community Development Department a revised site plan
dated February 26, 2010. The revised site plan indicates a 20 foot landscape strip
along Bethany Bend and an official revised letter of intent to request withdrawal
of VC10-01 for the landscape strip. In addition, the site plan shows a reduction
in the size of the building from 2,400 square feet to 2,100 square feet and a
reduction of pumps from five (5) to four (4) pumps. Development per the revised
site plan would eliminate the need for any variances.
MAYOR AND CITY COUNCIL MEETING – MARCH 15, 2010
RZ10-01 – DEFERRAL TO MAY 17, 2010 7-0
VC10-01- DEFERRAL TO MAY 17, 2010 7-0
The Mayor and City Council voted to defer the item to the May 17, 2010 meeting
to allow Staff to evaluate the revised site plan, the Design Review Board to make
comments and the Planning Commission to make their recommendation of the
revised site plan on April 27, 2010.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
11/8/2010 Page 3 of 32
RZ10-01
COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – APRIL 27, 2010
RZ10-01 – APPROVAL CONDITIONAL
After the Mayor and City Council meeting on March 15, 2010 the applicant
submitted another revised site plan on April 20, 2010 based on meetings with
Community Development Department, Public Works Department and the Fire
Chief. The revised site plan indicates a 2,100 square foot convenience store and
four gas pumps. A concurrent variance to reduce the landscape strip is no
longer needed. Included in the Staff report is a preliminary colored rendering of
the building and canopy that was presented to the Design Review Board on
April 13, 2010.
PLANNING COMMISSION RECOMMENDATION – APRIL 27, 2010
RZ10-01 – DENIAL 4-2
After hearing many public concerns in the areas of traffic generation,
availability of similar uses in the area, incompatibility with nearby residential u ses,
sale of alcohol and inappropriate literature, parking on the site, and hours of
operation, the Planning Commission discussion included the following issues:
1. Service station exclusion in condition 2.a. for the CVS development to the
north and its effect on recommendations for the subject site.
2. Change from right in, right out only access on Bethany Bend to a full
access driveway on the current site plan.
3. How the site will accommodate the tanker truck deliveries.
4. Number and time of gas deliveries; size, type, dispensing holes and
venting of underground gas storage tank.
5. Hours of operation and delivery times.
6. Traffic counts and signal timing of the intersection.
MAYOR AND CITY COUNCIL RECOMMENDATION – MAY 17, 2010
RZ10-01 - DENIAL 3-2
MAYOR AND CITY COUNCIL RECOMMENDATION – OCTOBER 18, 2010
RZ10-01 – DEFERRAL TO NOVEMBER 15, 2010 7-0
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
11/8/2010 Page 4 of 32
RZ10-01
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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CURRENT ZONING MAP
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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REVISED SITE PLAN SUBMITTED – APRIL 20, 2010
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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Color Rendering of Revised Site Plan 4/20/10
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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RENDERING SUBMITTED APRIL 19, 2010
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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SUBJECT SITE LOOKING SOUTHEAST ON BETHANY BEND
SUBJECT SITE LOOKING NORTH ON HWY 9
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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SUBJECT SITE:
The subject site contains 0.871 acre and is undeveloped. It is currently zoned C-1
(Community Business) unconditional and AG-1 (Agricultural). It is located at the
southeast corner of Bethany Bend and Hwy 9. The site is located within the
Neighborhood Living-Working Land Use designation on the City’s Future Land
Use Map.
Standards of Review
(Section 64-2104) Planning Staff shall, with respect to each zoning application,
investigate and make a recommendation with respect to factors 1 through 7,
below, as well as any other factors it may find relevant.
1. Whether or not the proposal will permit a use that is suitable in view of the
use and development of adjacent and nearby Property?
The proposed gas pumps and 2,100 square foot convenience store is
suitable based on other commercially zoned and developed sites in the
area. Directly south of the proposed development is a parcel zoned C-1
(Community Business) pursuant to RZ85-194 at a density of 8,627 square
feet per acre. Staff notes that the revised site plan shows future inter-
parcel access when the parcel to the south is developed. In addition,
there are commercial uses developed to the north, northwest, west and
southwest of the subject site ranging in densities from1,341 sq. ft./acre to
18,240 sq. ft./acre. Staff notes that although there are residentially
developed parcels nearby to the east and northeast, they are not
adjacent to the subject site and the required landscape strips and
additional buffering required for gas pumps will provide additional
screening.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
In Staff’s opinion, the proposed 2,100 square foot convenience store and
four gas pumps will not adversely affect the existing use or usability of
adjacent or nearby property if it is developed with the required
development standards of the Highway 9 Overlay District which includes
but are not limited to site lighting, architectural design of the building and
canopy. In addition, the applicant has indicated compliance with
transportation requirements such as deceleration lanes, turn lanes and
required right-of-way dedication.
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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3. Whether the property to be affected by the proposal has a reasonable
economic use as currently zoned?
The subject site does not have a reasonable use currently zoned primarily
AG-1 (Agricultural) with a small piece of C-1 (Community Business).
4. Whether the proposal will result in a use which will or could cause an
excessive or burdensome use of existing streets, transportation facilities,
utilities or schools?
Staff does not anticipate a significant impact on public services and
utilities as proposed. However the transient commercial use proposed for
this development may exacerbate a difficult intersection. The applicant
will provide the required transportation improvements as shown on the
revised site plan.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
The subject site is a prominent corner of the City and is designated in the
Plan as Neighborhood Living-Working. The revised site plan provides a
more pedestrian friendly area based on the location of the sidewalks and
beauty strips along both frontages between the curb and the sidewalk as
well as the bike lane on Hwy 9. A brief description of the project is noted
below.
Future Land Use Plan Map: Neighborhood Living-Working
Proposed use/density:
Retail/Commercial – 2,411 square feet per acre
The Future Land Use Plan Map suggests Neighborhood Living-Working for
the subject site and the properties to the west, north, and south in a linear
fashion. Retail commercial is consistent with Neighborhood Living-Working
when developed near residential areas. The Plan Map suggests
Residential 3-5 units per acre to the east and further northeast and to the
northeast across Bethany Bend the Plan suggests Residential 1-2 units per
acre.
The Milton City Council adopted the Partial Plan Update to the City’s
Comprehensive Plan on December 21, 2009. The proposed development
Prepared by the Community Development Department for the
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is consistent with the following Plan Policies if developed with the
recommended conditions:
We will encourage development that is sensitive to the overall
setting of the community and will contribute to our community’s
character and sense of place.
We will encourage development of a balanced network of
commercial activity centers to meet the service needs of our
citizens while avoiding unattractive and inefficient strip
development.
We will encourage new development to locate in suitable locations
close to transportation and infrastructure resources in order to
protect environmentally sensitive areas and valuable historic,
archaeological or cultural resources from encroachment.
b. Support development projects that provide increased
density close to Windward Parkway, GA 400, and SR 9
consistent with the land use and infrastructure development
policies of the City of Milton and the citizen and stakeholder
expectations.
In addition, the Milton Comprehensive Transportation Plan recommends
that the Bethany Bend and Hwy 9 intersection be improved with adding
an eastbound and westbound through lane along Bethany Bend which
will help with congestion at this intersection in the future.
6. Whether there are other existing or changed conditions affecting the use
and development of the property which gives supporting grounds for
either approval or disapproval of the proposal?
Although the site is small in size and is located within an acute triangle, the
revised site plan meets the development standards of the Hwy 9 Overlay
District, and development requirements for the site. The intersection is
transitioning in uses from AG-1 (Agricultural) and vacant properties to
commercial uses in varying densities. Staff is of the opinion that these
conditions support grounds for approval of the proposed gas station and
convenience store.
7. Whether the zoning proposal will permit a use which can be considered
environmentally adverse to the natural resources, environment and
citizens of the City of Milton?
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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The proposed use will not be environmentally adverse to the natural
resources, environment and citizens of the City due to the required
development regulations as it pertains to detention/retention, aesthetics,
and underground gas tanks and gas pumps on the site.
Existing uses and zoning of nearby property
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North 1
RZ06-96
C-1 (Community Business)
CVS and Undeveloped Parcel
No Fast Food Restaurants
Permitted
5,690.91 sq.
ft./acre
North 2
RZ07-10
O-I (Office Institutional)
Undeveloped
5,332 sq. ft./acre
Further
North
3
RZ88-100
M-1 (Light Industrial)
Superior Air Conditioning
1,341 sq. ft./acre
Further
North
4
RZ88-23
C-2 (Commercial)
GLM Sod and Landscape
8,040 sq.ft./acre
Further
Northeast
5
N/A
AG-1 (Agricultural)
Bellemeade Farms Subdivision
1 unit/acre
(Est. 3,000 sq.ft.)
Further
Southeast
6
RZ96-19
North side of Bethany Bend is
R-4A (Residential) and South
side of Bethany Bend is R-5
(Residential)
Bethany Creek Subdivision
R-4A -1.76
units/acre
R-5 - 2.97
units/acre
South 7
RZ85-194
C-1 (Community Business)
Undeveloped
8,627 sq.ft./acre
South 8
AG-1 (Agricultural)
Undeveloped
N/A
Further
South
9
RZ01-08
C-1 (Community Business)
Loving Hands Animal Clinic
8,695.66
sq.ft./acre
2 stories
Further
South
10
RZ97-54
C-1 (Community Business)
Legacy Crossing Pavilion –
Montana’s Restaurant
8,249 sq.ft./acre
2 stories
Further
South
11
RZ95-085
C-1 (Community Business)
9 North Tire Center
3,937 sq.ft./acre
Further
Southwest
12
RZ99-44/U99-26
C-1 (Community Business) and
Use Permit for Self-Storage
Your Extra Attic Self
18,240 sq.ft./acre
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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Storage/Retail Commercial
Strip
Further
Southwest
13
RZ98-012
C-1(Community Business)
Office Building
6,282.05
sq.ft./acre
Southwest 14
RZ03-118
C-1 (Community Business)
Sherwin Williams Paint Store
6,323.53
sq.ft./acre
West 15
RZ99-77
C-1 (Community Business)
Bethany Bend Village
Shopping Center
7,846.04
sq.ft./acre
2 Stories
Further
West
16
RZ05-115
CUP (Community Unit Plan)
Future Site of Fulton County
Board of Education High
School
2.81 units/acre
Northwest 17
RZ04-22
C-1 (Community Business)
Existing Retail Center
7,314.03 sq.
ft./acre
Further
Northwest
18
N/A
AG-1 (Agricultural)
Oakstone Glen Subdivision
1 unit per acre
Further
Northwest
19
RZ00-52
C-1 (Community Business)
Kids R Kids Day Care
4,771.25
sq.ft./acre
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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EXISTING USES LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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VIEW FROM SUBJECT SITE TO THE NORTHEAST ACROSS BETHANY BEND
VIEW FROM SUBJECT SITE TO THE WEST ACROSS HWY 9
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on April 20, 2010, Staff offers the following
considerations:
State Route 9 Overlay District
BUILDING SETBACKS
Section 64.776 of the Zoning Ordinance requires the following building setbacks:
Front – 40 feet along Hwy 9
Front – 40 feet along Bethany Bend
Rear – 0 Feet along the south property line adjacent to C-1 (Community
Business)
The site plan indicates compliance with the setback requirements.
Staff notes that Section 64-77.2.a. addresses permitted encroachments into
yards. Nonresidential districts – “Canopies shall be allowed over walkways or
driveways to within 12 feet of the street right-of-way or right-of-way based on
the street’s functional classification, whichever is farther from the street’s
centerline. Fuel pumps and pump islands, when permitted, shall be setback as
stated in this subsection for canopies.” The proposed canopy is located 20 feet
from the proposed right-of-way along Highway 9 and Bethany Bend and is in
compliance with the required setback.
BUILDING HEIGHT
Section 64-1095(n) within the State Route 9 Overlay District requires there shall be
a maximum of two stories with a maximum height of 30 feet from average
finished grade to bottom of the roof eave. The applicant indicates that the
proposed building will be one story in height and will not exceed the maximum
height.
LANDSCAPE STRIPS
Section 64-1090 of the State Route 9 Overlay District requires the following
landscape strips:
Hwy 9 – 20 foot landscape strip
Prepared by the Community Development Department for the
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Bethany Bend- 20 foot landscape strip
South property line – 10 foot landscape strip
This section further states that for every thirty (30) linear feet of landscape strip, a
minimum of one 3” caliper hardwood shade tree is required to be planted in the
center of the landscape strip or as approved by the Director. The revised site
plan indicates compliance with the landscape strip requirements.
Section 64-1092 states that 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 three feet in height at planting and four
(4) feet minimum height at maturity and three (3) feet to eight (8) feet in width
at maturity. This requirement shall be provided along Hwy 9 and Bethany Bend
Road based on the location of the fueling bays and parking on the site. It
appears that the site can accommodate this requirement to screen the pumps.
The air and vacuum structures are located on the east side of the building
outside of the landscape strip along the south property line.
OTHER SITE PLAN CONSIDERATIONS
The applicant has stated that the hours of operation will be from 5:30 a.m. to 12
midnight, Monday through Saturday and 7:00 a.m. to 11:00 pm. on Sundays and
plans to sell beer and wine on the premises. A total of 2 to 3 employees per shift
will be working on site. The applicant anticipates 2 to 3 loads of fuel per week
which will be delivered during off peak times within hours of operation. The
underground tank is located just north of the parking spaces adjacent to the
building. This location must be approved by the State Fire Marshal.
Staff notes that the dumpster is located adjacent to Hwy 9. Section 64-1092 (d)
states that receptacles shall be placed in the least visible location from public
streets. Staff notes that the dumpster should be enclosed in such a way as to
shield it from the street with acceptable architectural and landscaping
materials. It is currently located away from residential areas and toward the
commercially developed corridor. In addition the ordinance requires the fourth
side shall be a self closing gate made from noncombustible materials. The
revised site plan and associated renderings indicate compliance with the
requirement of the ordinance. The dumpster is now within a structure that
appears to be a part of the main structure.
The Overlay District also requires a bicycle rack for the site. The site plan does
not indicate one but the applicant has stated that it will be provided .
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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Section 64-1095 (d) states that all buildings shall be oriented to face a street or
courtyard. Based on the fact that there are two frontages, this requirement
can’t be met. The applicant submitted revised architectural renderings to the
Community Development on April 19, 2010 which shows the building to have
360 degree architectural treatment.
The applicant indicates a four board black horse fence along both Bethany
Bend and Hwy 9 at the edge of the sidewalk. The City Arborist requests that the
fence be placed interior to the landscape strip to provide a more open feel. In
addition, all sidewalks shall have a color stamped pattern to simulate a
transverse double row brick paver pattern every 50 feet, to be approved by the
City of Milton Design Review Board. These two requirements have been the
policy of the Mayor and City Council in the State Route 9 Overlay District and
will be included in the Recommended Conditions.
Detention areas are located underground on the subject site.
Both the building and the site must comply with Section 64-1068, State Route 9
Overlay District, at the time of the Certificate of Occupancy. Staff notes that the
lighting requirements are more restrictive than the Night Sky Ordinance and
therefore, the more restrictive requirements will prevail. The applicant has stated
that recessed lighting will be installed in the canopy and that all site lighting will
meet or exceed the Hwy 9 Overlay District requirements.
PARKING REQUIREMENTS
The following chart illustrates the parking required by Section 64-1410 for the
proposed use:
Proposed Use Minimum Requirement Spaces
Provided
Retail Service
Commercial
2,100 square feet*
5 spaces per 1,000 sq. ft. of building
area
11 spaces
11 spaces
It also appears that the site plan is in compliance with the landscape and layout
requirements of Section 64-1096.
ENVIRONMENTAL SITE ANALYSIS
The Environmental Site Analysis (ESA) report is sufficient and satisfies the
requirement of Section 64.2126. A field survey of the site was conducted by Staff
to verify areas addressed in the ESA report. The proposed site does not contain
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and
animal species. The City Arborist has determined that one oak, approximately
34” DBH (Diameter Breast Height) is in severe decline and is located on the site.
It is Staff’s opinion that the proposed development provides open space as
provided by the 20 foot landscape strip adjacent to Hwy 9, Bethany Bend and
the south property line totaling 17,768 square feet or 0.408 acre which is
approximately 47 percent of the total acreage (does include future right-of-way
dedication). Based on the compliance with the development regulations, there
will be minimal impact on adjacent and nearby properties from noise and
lighting.
ARBORIST COMMENTS
Site is heavily wooded with 95% young growth pines. No specimen quality trees
on site. One oak, around 34” is in severe state of decline…has been pruned
heavily over the years for utility clearing, and has significant decay about 15’ up
where tree has lost a major branch. There is no tree area worth preserving, per
this plan.
1. Landscape Strip along Hwy 9….no issues with L.S. however plan states
fence to be located at edge of sidewalk. Would rather see fence
located at the back of the landscape strip, would provide a more open
look along the road.
2. Landscape strip along Bethany…same issue as above in regard to fence
location.
3. Provide additional screening above and beyond landscape strip
requirements.
4. Parking Bay/Island Trees.....3 required
FULTON COUNTY HEALTH DEPARTMENT
The Fulton County Department of Health and Wellness recommends that the
applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since the proposed development constitutes a premise where people work, live
or congregate, onsite sanitary facilities will be mandatory, prior to use or
occupancy.
This facility must comply with the Georgia Smoke free Air Act of 2005.
This department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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area for the refuse containers be submitted for review and approval prior to
land disturbance or building permit issuance.
CITY OF MILTON FIRE MARSHAL
Underground storage tanks will require separate approval from the State
Fire Marshal.
A fire flow report will be required.
Rules of Safety Fire Commissioner 120-3-11 – Flammable and Combustible
Liquids
o 120-3-11-.04
o NFPA 58
2006 International Fire Code with GA Amendments
Chapter 22 – Motor Fuel – Dispensing Facilities and Repair Garages
Location of Dispensing Devices – Section 2203
2006 International Building Code – Fire separation requirements
The Fire Department met with the applicant and it was determined that one
opening in the four board equestrian fencing shall be provided along both Hwy
9 and Bethany Bend for access by the Fire Department. The applicant has
stated that a new fire hydrant will be installed along Bethany Bend Road as
required by the Fire Department. Since that meeting, the Fire Department has
determined that an additional fire hydrant may be required depending on the
outcome of the engineering of the site. In addition, as necessary FDCs (Fire
Department Connection) will be installed along Hwy 9 and Bethany Bend and
additional breaks in the four board equestrian fencing. Staff will reflect these
requirements in the Recommended Conditions.
TRANSPORTATION ENGINEER
Right-in, right-out driveway on SR 9 to be in coordination with GDOT
Entrance/site to accommodate design vehicle
Raised island to be concrete (partial concrete and striping as shown), may be
adjusted in size to accommodate design vehicle
Allow for 4 ft of striping on all sides of island
Lane widths to accommodate design vehicle
Raised island to accommodate 5 ft wide pedestrian cut through
AutoTurn through site
Wheel path cuts into parking space next to landscape area
Wheel path appears to meet WB-50 standards
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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Auto Turn exhibit of tanker tank delivery route submitted by applicant.
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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Below are various exhibits from the applicant’s traffic study submitted to the
Transportation Engineer.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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PUBLIC INVOLVEMENT
On January 27, 2010 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were 14 members
of the community in attendance. The applicant has also met with the Bethany
Creek Homeowners Association prior to the CZIM.
Public Comments – Staff has several e-mails regarding this development. They
are attached to this report.
PUBLIC PARTICIPATION REPORT
The applicant hosted a Public Participation Meeting on Friday, February 13, 2010
at the Windward Kroger Community Room. There were six citizens in
attendance. The public expressed the following:
Concern over truck turning movements in and out of the property as well
as within the property.
Discussion of the concurrent variance. (Since that time, the concurrent
variance has been eliminated.)
Use of the property as a gas station.
Concern over the lighting to be used on the property and a request that
a tree line or some sort of visual buffer planted along Bethany Bend to
block any light spillage.
Concern over the security of children in neighboring residential areas.
Staff notes that in addition to the CZIM and Public Participation meeting, the
applicant attended the Bethany Creek Homeowners Association’s Annual
Meeting on January 21, 2010.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW - FEBRUARY 2, 2010
Screening dumpster. Applicant states that he will extend the brick façade
wall to 8’ around the dumpster so it will parallel Highway 9.
Roof canopy over pump islands should be pitched. Applicant states that
might be difficult with a non symmetrical canopy.
Did you consider an alternate design? Applicant states that the canopy
does not have to adhere to building setback, but the building does. The
canopy would not fit into the setbacks.
CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW – APRIL 13, 2010*
3 parking spaces on the north end don’t function correctly for
maneuverability.
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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Sidewalk along Hwy 9 goes into the drive isle.
Additional treatment of the dumpster. Height should be the same as the
building and provide a garage-like door.
Match canopy style to the building.
Locate bicycle parking on the site.
Relocate air and vacuum
Provide the required 25% fenestration
Applicant addressed issue of the DRB from the last meeting and the traffic
flow has improved.
CONCLUSION
The proposed gas station and associated gas pumps are consistent with Plan
Policies. Although the site is small and located within an acute triangle with two
road frontages, the revised site plan submitted on April 20, 2010 meets the
development standards required by the City of Milton Zoning Ordinance which
ameliorates potential negative impacts on nearby residential uses. Therefore,
Staff recommends APPROVAL CONDITIONAL of RZ10-01 to rezone to C-1
(Community Business) to develop a gas station and convenience store. If the
Mayor and City Council recommends approval , Staff provides the following
Recommended Conditions.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
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RZ10-01
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be
APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Retail Commercial and accessory uses, at a maximum density of
2,411 gross floor area per acre zoned or a total gross floor area of
2,100 square feet whichever is less and a maximum of 4 gasoline
pumps, whichever is less but excluding freestanding fast food
restaurants, commercial amusements (cinemas not included ),
package liquor sales, (restaurants may sell liquor by the drink),
motels, hotels, adult entertainment establishments including adult
bookstores, adult entertainment as defined in Section 64-1, check
cashing stores, pawn shops, coin operated laundries, video arcades
(video machines that are incidental to otherwise permitted
businesses are allowed), pool halls, massage parlors, nail salons,
stand alone beauty salons, stand alone barber shops, flea markets,
discount retail shops, roadside vending, roadside produce stands or
seasonal vending.
2) To the owner’s agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on April 20, 2010. 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. Unless otherwise noted
herein, compliance with all conditions shall be in place prior to the
issuance of the first Certificate of Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) All new sidewalk installations along the rights-of-ways shall have a
color stamped pattern to simulate a transverse double row brick paver
Prepared by the Community Development Department for the
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*Based on a revised site plan submitted April 20, 2010.
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pattern every 50 feet, to be approved by the City of Milton Design
Review Board.
b) Provide a black four-board-equestrian-styled fence along all
sidewalks interior to the landscape strip or as approved by the Director
of Community Development.
c) Provide additional landscaping within the required landscape strip
along the south property line as approved by the City Arborist.
d) Provide new fire hydrant along Bethany Bend between the entrance
and the point where the 50 foot taper begins or as approved by the
Fire Marshal and Fire Chief.
e) Provide one fire department connection (FDC) along Hwy 9 near the
apex of the site and provide an additional FDC where pedestrian
access is shown on the site plan along Bethany Bend approximately
halfway between the two ends of Bethany Bend and the northern
apex of the site for fire department staging off site, or as approved by
the Fire Marshal and Fire Chief.
f) Provide Fire Department accesses along Bethany Bend and Hwy 9
where FDCs and fire hydrants are located with a minimum width
opening of the equestrian style fence of eight (8) feet or as approved
by the Fire Marshal and Fire Chief.
g) No outside speakers/intercoms permitted on the premises.
h) All canopy lighting must be recessed.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
i. Provide at least 30 feet of right-of-way from the centerline of
Bethany Bend
ii. Provide at least 12 feet of right-of-way from the back of curb of
all abutting road improvements, along the entire property
Prepared by the Community Development Department for the
Mayor and City Council Meeting on November 15, 2010 (Court Remand)
*Based on a revised site plan submitted April 20, 2010.
11/8/2010 Page 32 of 32
RZ10-01
frontage, as well as allow the necessary construction easements
while right-of-way is being improved.
iii. Provide bicycle and pedestrian improvements along entire
property frontage of HWY 9 and Bethany Bend according to
cross sections in Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances and as
approved by Milton Public Works.
iv. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances :
a) NB Right Turn Lane on HWY 9 at new access drive
b) NB Right Turn Lane on HWY 9 at Bethany Bend
c) EB Right Turn Lane on Bethany Bend at new access
drive
b) Reserve for the City of Milton along the necessary property fron tage of
the following roadways, prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide for compliance with the
Comprehensive Transportation Plan. The location of the landscape
strip with the reserved right-of-way to be determined by the Director of
Community Development.
i. 55 feet from centerline of HWY 9 or as may be required by
GDOT
ii. 45 feet from centerline of Bethany Bend
a) Access to the site shall be subject to the approval of the
GDOT District 7 Access Management Engineer and Milton
Public Works, prior to the issuance of a Land Disturbance
Permit.
b) Provide a 30 foot wide cross-access easement free of any
structures or utilities for future vehicular and pedestrian inter-
parcel access on the south property line as approved by
Milton Public Works.
ZONING AGENDA
(Zoning items typed verbatim.)
City Clerk Gordon read the zoning rules and agenda item 10-1063.
At the second regularly scheduled meeting of the month, the mayor and City Council consider a Zoning
agenda. These items include rezoning petitions, modifications of zoning, use permits, and associated
concurrent variances, in addition to ordinances, resolution, and text amendments.
The petitions will be heard in the sequence listed on the posted agenda. I would like to acquaint you with
some of the rules and procedures for this meeting.
The applicant, and all those speaking in support of an application, will be allowed a total of ten (10)
minutes to present the petition. The applicant may choose to save some of the time for rebuttal following
the presentation by the opposition.
The opposition will be allowed a total of ten (10) minutes to present its position. If time remains, the
opposition will be allowed to rebut.
Since the burden of proof is upon the applicant, the applicant will be allowed to make closing remarks,
provided time remains with the allotted time.
The City Clerk’s staff will be keeping track of time and will inform you periodically of the remaining
time for your presentation.
Those called to speak will be taken in the order that the speaker cards were received by the City clerk’s
staff prior to the beginning of tonight’s meeting.
All speakers will identify themselves by name, address and organization, if applicable, before beginning
their presentation.
The Planning Commission heard the rezoning agenda items and recommendations have been forwarded
to the Mayor and City Council for consideration and disposition.
In addition, the applicant shall not submit material to the Council during the meeting, unless requested to
do so. All material that you wish to be reviewed by the Council in consideration of your application
should be submitted to the staff of the Department of Community Development, to be included in the
normal distribution of packages to the Council.
When an opponent of a rezoning action has made, within two years immediately preceding the filing of
the rezoning action being opposed, campaign contributions aggregating $250.00 or more to a local
government official of the local government which will consider the application, it shall be the duty of the
opponent to file a disclosure with the governing authority of the respective local government at least five
days prior to the Planning Commission meeting. A violation of the relevant state statute constitutes a
misdemeanor. Therefore, if you have contributed $250.00 or more to a Councilmember and you have not
filed a disclosure prior to the Planning Commission meeting, the City Attorney strongly suggests that you
have someone else speak for your point of view.
1. RZ10-01 – 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy 9) by D-
Squared Development, LLC to rezone from AG-1 (Agricultural) and C-1
(Community Business) to C-1 (Community Business) to develop a 2,100
square foot convenience store and four pump islands at a density of 2,411
square feet per acre.
(First Presentation on March 1, 2010; Deferred by Mayor and Council on March 15, 2010)
(Presented by Lynn Tully, Community Development Director)
(Agenda Item No. 10-1063)
Lynn Tully, Community Development Director:
The proposed parcel is .871 acres and is currently zoned C-1 which is community business as
unconditional and AG-1. The request is for C-1 Community Business. The property is located at the
southeast corner of Bethany Bend and Highway 9 and is within the neighborhood living working land use
designation on the City’s Future Land Use Map. The staff has reviewed this request and has put forward
the following standards of review.
1. Whether or not the proposal will permit a use that is suitable in view of the use and
development of adjacent and nearby property. Staff has stated that the proposed use is a
suitable use based on other commercially zoned and developed sites in the area and the
fact that there are additional commercial uses developed in the North, Northwest, West,
and Southwest of the subject site with ranges in densities from 1,341 square feet per acre
to 18,240 square feet per acre.
2. Whether or not the proposal will adversely affect the existing use or usability of adjacent
or nearby property. Staff has also said that the proposed use will not adversely affect the
use or the usability of the property if it is developed with the required development
standards of the Highway 9 overlay district and in addition, the applicant has indicated
that compliance with the transportation requirements such as deceleration lanes, turning
lanes, and required right of way dedication will also be provided.
3. Whether the property to be effected by the proposal has a reasonable economic use as
currently zoned. It is staff’s opinion that the subject site does not have a reasonable use
currently zoned as the property is currently AG-1 with a small piece of commercial, C-1
property.
4. Whether the proposal will result in a use which will or could cause an excessive or
burdensome use of existing streets, transportation facilities, utilities, or schools. Staff
does not anticipate any significant impact on public services or utilities as proposed,
however, it is noted that this development may exacerbate a difficult intersection. The
applicant is required to provide transportation improvements as shown on the revised site
plan and has proposed to do so.
5. Whether the proposal is in conformity with the policies and intent of the land use plan.
The revised site plan does provide a more pedestrian friendly area based on the location
of the sidewalks and the beauty strips along both frontages between the curb and
sidewalk as well as a bike lane on Highway 9. There are no variances with this request as
heard previously. The Future Land Use Map does show the property as neighborhood
living working. In addition, the comprehensive transportation plan does recommend that
Bethany Bend and highway 9 intersections be improved by adding an Eastbound and
Westbound through lane along Bethany Bend which will help congestion at this
intersection in the future.
6. Whether there are existing or changed conditions affecting the use and development of
the property that may give supporting grounds for either approval or disapproval of the
proposal. The revised site plan does meet the development standards of Highway 9
overlay district and the development requirements for the site. The area is transitioning
in uses from AG-1 and vacant properties to Commercial uses in varying densities.
Therefore, it is staff’s opinion that these conditions do support grounds for approval of
this gas station and convenience store.
7. Whether the zoning proposal will permit a use which can be considered environmentally
adverse to the natural resources in the environment and citizens of the city of Milton. It
is staff’s opinion that the proposed use will not be environmentally adverse to the natural
resources of the city due to the required development of the regulations as it pertains to
detention, retention, aesthetics, and underground gas tanks and gas pumps on the site.
Therefore it is staff’s conclusion that the proposed gas station and associated gas pumps
are consistent with the plan policies. The revised site plans which was submitted on
April 20, 2010 meets the development standards required by the City of Milton’s zoning
ordinance which potential negative impacts on nearby residential uses. Staff does
recommend approval, conditional, to rezone to C-1 community business to develop a gas
station and convenience store. The conditions are listed. I would ask you to note that it
has been requested by staff that condition 4.a.4.b. be removed. That condition reads
Northbound right turn lane on Highway 9 at Bethany Bend. This is redundant and
unnecessary based on the current site plan.
I would ask that you consider that the planning commission has heard this now twice, the f irst time on
February 23rd, 2010 where they recommended denial. It was heard in conjunction with a variance request.
The Mayor and City Council did meet on March 15th where you requested to defer the project to the May
17th, 2010 meeting for both items. We have at that time received new and revised site plans, the latest
being the April 10, 2010 version. Those site plans illustrated a verity of changes including a 2100 square
foot convenience store and four gas pumps. The variance there was also removed and there would be no
need for the variance at this time. Included in the staff report is a preliminary colored rendering of the
building and canopy that was presented to the Design Review Board on April 13, 2010 so they have heard
this and made comments. The planning commission did also hear this on April 27, 2010. They did have
a variety of concerns that they heard from the public and discussed amongst themselves. Those concerns
included incompatibility and nearby residential uses, the sale of alcohol and potential inappropriate
literature, parking along the site, and hours of operation. The discussed a prior rezoning for the property
across the intersection, the CVS property, that rezoning was in 2006 and further had a rezoning prior to
that that had conditions still bound from 1996. That was for the CVS property. They discussed a change
from the right in and right out only access on Bethany Bend to a full access driveway which is shown on
the current site plan. Further they discussed how the site accommodates tanker truck deliveries, the
number and times of these gas deliveries, sizes, types, and venting of the underground gas storage tank
and in addition they discussed hours of operation and delivery times and the traffic counts and the signal
timing at that intersection so as you have heard, they have discussed it at some length and as you also
have heard they recommended denial, 4 to 2, of petition RZ10-01.
Mayor Lockwood:
First I’m going to allow those who are speaking in support for this application and we will start with the
applicant.
Pete Hendricks, 6085 Lake Forrest Drive, Sandy Springs, GA:
I would like to pick up on the reading that Lynn did as to the compliance to the standards of review, but I
would also like to highlight under page 12, paragraph 5 whether the proposal is in conformity with the
policies and intent of the land use plan, the affirmative statement that retail commercial is consistent with
neighborhood living working when developed near residential areas. Similarly coming on over to page
13 where we talk about the plan policies. There are three plan policies that are set forth and it is
confirmed that this application complies with each and every one of those plan policies. Particularly, I
would direct your attention to the second one which says encouraged development of a balanced network
of commercial activity centers to meet the service needs of our citizens. Also if you would please take a
quick scan and review of the recited densities and other development C-1 in the immediate area of this
property and those immediately encircling this property which are set forth on page 14 and 15. You will
see every one of those densities in excess of the 2,400 square feet that the applicant is asking for under
this request that is in front of you. What has changed since the last time that we were here? I will walk
you through the most critical change that has been made is that we no longer have the variance request. I
think technically that was withdrawn when it was last in front of you, but the variance request has been
withdrawn. We are down from 6 gas pumps to a total of 4 gas pumps. We are down from the number of
islands has been similarly reduced. The Building has been reduced from 2400 square feet to 2100 square
feet. The Emissions inspections component has been removed. The vacuum and cleaning component has
been relocated to the side of the building so it is no longer a standalone at the apex of the property. In
addition to that, we have shown one of your sections requires that when you have a filling station or an
open parking area you have got to provide visual shield from the open parking and so we have initially
made compliance with that along Bethany Bend road as well as alone highway 9 but we further then came
in and on the 6th of May, you have all had filed with you a beefed up landscape plan that has a legend that
goes with it that gives specificity of the increased landscape planning that will be applied along both
roadway frontages and we would respectfully request that if you see fit to approve the application, that
you also incorporate into your approval a requirement of compliance with that landscape plan. As you go
through the staff review and analysis as far as the site plan is concerned, on page 18 you see state
Highway 9 overlay district, we comply. As far as building height, we comply. Landscaping strips, we
comply. Other site plan consideration is noted and you have a schematic of the architectural look and feel
of the property as being proposed, taking up on what design review board asks for and the comments
designed review made, all four sides of this building has got articulation to it, fake windows to it, even in
the backside. So you have architectural integrity as to what is being presented to you. In addition to that,
the side where the dumpster is located, it’s not having an appearance or feels that that is part of the
building and not just a segregated dumpster area. The bicycle racks are being confirmed to be added as
has been requested the detention facility is underground; the arborist knows there are no specimen trees
located on the property so we do not have any recommendations. With that, the applicant has reached out
to the community and has had some encouraging dialog. We wish that it would continue. We would be
hopeful that there would be further affirmative points that could be added to this application and we
continue to be open to continue dialog with the community. We have also presented a turn ing movement
analysis as to the internal truck movement. We have also presented to you how it is fire truck
accessibility as far as the property is concerned and I think that the most prevailing comment is when staff
concludes with their final recommendation of approval affirmation of the fact that all of the development
standards are met and complied with and that adds any potential adverse affect to that residential area
reasonably close by. With that, we would like to reserve the rest of our time for rebuttal.
Phil Joseph, 13800 Oakmeade Trace, Milton, GA:
I’m going to be speaking tonight as one of three. We have given you a binder which hopefully you have.
In that binder, you have a copy of the PowerPoint presentation that we will be going through. I believe
that PowerPoint presentation is being presented right now. I will be talking about the first of the three
points, proximity and two other neighbors will be talking about density and transportation issues. I am
particularly well suited to talk about proximity because I live across the street from this property. The
staff report says staff notes that although there are residentially developed parcels nearby to the east and
Northeast, they are not adjacent to the subject site. The next slide will show where my property is. What
you see there is basically the end of my property is across the street from where this property goes. The
distance of the two properties is the width of Bethany Bend and I walked out there Sunday morning with
my son and measured it, and it was 25 feet. Our property is about 25 feet away from the proposed gas
station property. Also, the next slide shows that our property is downhill from the gas station property by
about 13 feet. That is not scientific, I just used Google there and it said its 1181 feet and 1168 feet and
you can tell it drops down when you drive there. The road goes down quite a bit going from Oakmeade
Trace from this gas station property and that quite concerns me for a lot of reasons. The next slide shows
what happens if there is, god forbid, an explosion at that site or a fire at the gas station. We know that
happens. There is the BP problem going on right now, obviously they have extensive safety protocols
and things but they can still have problems. Back in April I was in Nashville and there actually was a gas
station explosion and the next slide shows a picture of what I will comment on the left is the empty truck
that exploded. I don’t know what would have happened if it had been full. The clerk, an eyewitness at
the hotel, said I don’t know where the fore came from but gas was shooting everywhere. That just gives
me shivers thinking about a fire like that, 25 feet away from my property with trees in between my house
and that. I would implore you to consider whether you want to have something like that this close to
residential property. I know that you want to have a transition in between a property like this and
residential property and I don’t think that 25 feet of roadway constitutes as a transition. The next slide
shows the number of neighborhoods that are in the area. There are about 1500 homes and I know the
audience can’t read this but Crooked Creek has 640, Lake Laurel 85, Five Acres Estates has 23, and so
forth. I am in Bellemeade Farms of 22. All of those homes navigate this intersection on a regular basis.
They all care about this discussion at one level or another. As a matter of fact, in the last half of your
binder you will see that there is a tab on the petition and we ha ve 350+ of these residents that are asking
to deny this request. I’m going to turn this over to my partner now.
Ashley Bowen, 1110 South Bethany Creek Dr., Milton, GA:
Good evening. I would like to share some of the communities’ concerns regarding saf ety as it pertains to
the density of the proposed site. The proposed site is too intense for the .87 acres. The average size of
the four other Milton stations is 40% larger than the proposed site and none of the others are on an acute
triangle. None of the other stations necessitate one way pump traffic, or storage tanks in high traffic areas
and all of the other stations have ample space for pass through traffic at the pumps, ample space for cars
to que, and ample space for delivery trucks and other large trucks. The applicant’s other gas station has
the same characteristics as the four stations in Milton. As you can see from the aerial view, there is plenty
of room to circulate. Notice the entrance of the convenience store and the red x is the locati on of the
storage tanks. Let’s dig into the site at hand. Did you know that you have to make 5 turns entering from
Highway 9 just to get to the pump. Also, 11 parking spaces are required but one is used for air and vac
and should not be counted as a parking space. This has not been noted in staff’s report. On the next slide,
we have added some additional vehicles navigating to show a typical day. The community has asked a lot
of questions about the fuel tankers. We get answers, but they do not alleviate our concerns. We are
talking about a 60 foot truck. That is roughly the length of the 70 foot building. A 60 foot truck, carrying
20 thousand gallons of gas, maneuvering through tight spaces and the fact that there is only one way to
enter and exit the site is extremely disconcerting. The auto turn diagrams are not convincing at all of the
trucks ability to navigate the site. In staff’s report, the transportation engineer uses extremely soft
language and says “appears to meet the standards” and note that the wheel paths cut into a parking space.
In addition, at the planning commission meeting the commissioner’s remarks that the tanker also has to
drive over the curb to enter the site. This is a computer generated, perfect world scenario and even th en,
there is absolutely no margin for error. It is the communities’ opinion that “appears to meet the
standards” is not good enough. In this case, this standard should be exceeded and allow for a margin of
error to protect the citizens. Remember, this is truck carrying 20 thousand gallons of gas. Finally, the
fact that he has to park in front of the store blocking the entrance traffic and the majority of parking is
hazardous. We have asked what happens if the truck comes and people are parked in front of the store.
He replied that the truck would wait for the customers to leave. Notice the potential back up of traffic on
highway 9. The applicant has also assured us that the storage tanks in front of the building works,
because if other site on Dallas Highway is similar. Unfortunately, the sites are not apples to apples. The
storage tanks do not block the entrance, there is ample room to navigate, and 9 parking spots are still
available while unloading in contrast to the two proposed site. The scariest thought for me is a young
child who runs in to grab a candy bar while the car fills up and has to walk around the tanker when exiting
to get back to the car. There is absolutely no visibility for the pedestrian or for the teenage driver
maneuvering around the tanker on the opposite side. At 25 minutes, 3 times a week, that is 65 hours a
year for potential disasters. Remember those 5 turns? Now try and make them safely when a tanker or
other delivery truck is dropping off inventory.
Heidi Sowder, 525 Sunflower ct., Milton, GA:
Moving on to the transportation as far as off site transportation concerns and the gas station poses a
significant concerns. In Milton’s comprehensive transportation plan that was approved by council in
December of 2009 had some goals. The goal verbatim says “Milton CTP goal is to improve
transportation network system level performance with particular emphasis on the impacts of commuter
and cut through traffic and safety. ” if you look at the crash data for the Bethany Bend hi ghway
intersection is the second most dangerous intersection in Milton. It had 73 crashes during 2006-2008
where if you look at Birmingham which is getting improvements had 75. That is only two left. The
applicant also misstated in his TIS report the accident rates. The crash data corroborates the Fulton
County transportation engineer’s comments of the 2006 CVS rezoning about a problematic intersection.
This is not a transitional development. It does not meet Item 5 in staff’s report as far as a neigh borhood
live work policy for Fulton County. The development verbatim from there verbiage should be designed
to be pedestrian orientated and to promote walking and minimizing conflicts between pedestrians and
vehicles. The gas station’s goal is to sell fuel, beer, and wine making this vehicle centric.
Councilmember Longoria:
Obviously the citizens had put together quite a bit of information. I don’t think they were exactly
finished. Is there any way we can extend time?
Mayor Lockwood:
If you have support, yes. We can add 2 more minutes to the opposition as well as the applicant if the
council is okay with that.
Councilmember Zahner Bailey:
I support that decision.
City Attorney Jarrard:
Mr. Mayor, I believe the last time we did this we had a motion and a second.
Councilmember Tart:
I would like to make a motion to extend the time by two minutes to each side.
Councilmember Zahner Bailey:
I would like to second the motion.
Councilmember Tart:
Mayor, I know this is a sensitive subject to a lot of people, but in fairness to the applicant I would just ask
that everyone please keep order. There was an announcement made at the beginning of the meeting not to
applaud in fairness to the applicant. I think we all need to adhere to that please.
Heidi Sowder:
The adjacent development immediately south to this gas station was rezoned in 1985 to be a community
shopping center. It had conditions that prohibited gas stations across the street. CVS has conditions that
prohibit gas stations to the east. Bellemeade Estates with a neighborhood of 2+ acre estate lots and within
300 feet to the East you have three separate single family subdivisions. This C-1 district is intended to
provide locations in which neighborhood and community orientated retail and service activities could
kind of conclude a transition or compliment a transition for more intense activity. Based on these facts
and the safety concerns of the community, we request that the council upholds the commitment to the
safety of the Milton citizens and follow the planning commission’s recommendation to deny.
Pete Hendricks:
As far as the restriction that was referred to on other properties as to services stations, Fulton county had
as a standard prohibition anytime you came in for a C1 zoning a restriction on fast food, service stations,
and commercial amusements. Those were out of the box restrictions against it. If you wanted to have
relief under any of those, you had to ask for it. After planning commission, I asked what the policy
reason was for doing a restriction and she said service stations are intended when you have service going
on. I asked if you are doing a convenience store and gas, would that fall under your restrictions? It
wouldn’t. But if there were no emissions involved, it would be okay. I would also like to point out that
the Joseph’s home concerns, their residents is 317 feet from this property. In addition, the way the
elevation works by the time you get to the residence it is higher than the property that we are talking
about. As far as traffic, I’m going to get Abdul to step up who did the traffic plan and analysis. As a
general comment, you have benefit under the C1 zoning with a filling station being passer by traffic. It’s
not destination oriented. I would also go back to the staff’s comment about the pedestrian friendly and
accommodating nature of the revised site plan with compliance with the beauty strips, sidewalks, and bike
racks and bike strips. Brad, if you would step up and talk about the internal movemen t about the trucks
please.
Brad Riffel, 490 Spring Ridge Dr., Roswell, GA:
The truck route that is shown is a truck that is probably the worst case scenario. It’s a little longer than
your normal tanker truck which is between 45-50 feet. I used a 55 footer truck to make the circulation
and there is only one way in and there for one way out with that truck. The yellow line indicates the
center travel path of the cab and some other lines that show the path of the back tires clearing everything.
Abdul Amer, 2160 Kingston Ct., Marietta, GA:
I conducted a detailed study for this project and the city staff had the opportunity to review it and they
have agreed with the conclusions and the analysis in the study. The findings of my study at Bethany
Bend and Highway 9 for safety is that the intersection is congested. It currently has a long cycle and by
making signal timing improvements that I’ve recommended, we can improve the traffic operations. There
are no safety concerns that the GDOT has for a higher number of accidents than any other intersections.
Mehdi Jannatkhah, 4180 Harris Trail, Atlanta, GA:
I am the applicant. I want to go over the comment about the delivery truck. I have an existing station that
has gas station that has been in operation since 1996 and I have gone and took some pictures. This is the
same design as we have shown. It shows the truck coming in and the location of the storage tanks is in
front of the store. And the delivery truck will come in when we assign them to come in which is usually
when it’s not the rush hours and as far as having people park in front of the store, if they are parked there
we can ask that they park under the canopy if a truck comes in.
Heidi Sowder:
I just wanted to reiterate that this site, the tanks are in front of the store; it is not the same design. They
have 15 parking spaces at that location, so when the 6 are taken up there are still 9 spots available for the
cars. At the Milton Site, there are 2 on the side and 3 in the front which were for e mployee only and will
be painted to be employee parking only. They are difficult to navigate to get in and out of. We have two
transportation engineers from two different municipalities stating the same thing about the intersection. It
was a problematic intersection in 2006 and it’s a transient commercial use that will exacerbate a difficult
intersection in 2010.
Mayor Lockwood:
At this time, I will close the public hearing and open up for questions from the Council to our staff.
Councilmember Longoria:
Lynn, when this first came before us staff was recommending denial for a number of reasons. The
planning commission had the same opinion. We deferred it and regardless of what it says, the vote was
actually 6-1 because I didn’t necessarily vote for it. What do you think is the most significant change that
is taking place with the new application and why did that change your opinion?
Lynn Tully:
A lot of it had to do with the density of the site. The variance was removed so they were able to co mply
with the requirements for landscaping. The density of the site was decreased in that the store was
decreased as well as the amount of pumps. We pushed it through all of the development reviews. It is
still a concept plan. It appeared that it would meet the standards. That was primarily the biggest change
on the staff’s recommendation. That allowed us to feel more comfortable that the intensity would fit on
the site and meet the requirements.
Councilmember Longoria:
When you were looking at the density, what kind of thought did you give to the transition in the
proximity of the Joseph’s home across the street?
Lynn Tully:
As a planner, we don’t pick out one particular home, but as a policy we do try to provide transitions for
the area. Obviously, this is an intersection that does appear to be changing. There are several different
commercial uses in the vicinity. When the properties aren’t immediately adjacent, we try to provide
landscape buffers and open space. Those have been provided. The fencing was provided as well as a
beefed up tree buffer. It’s not a perfect transition, but it does attempt to help those potential negative
effects.
Councilmember Longoria:
In your experience, have you seen certain restrictions of distances with something where there are semi
hazardous materials and residences?
Lynn Tully:
There are in some other areas. Those requirements are in Cherokee and Forsyth I believe. They are
typically included in a zoning code or in development regulations. But yes , there are those in many other
places, but we do not have those restrictions.
Councilmember Tart:
The first question I have has to do with the traffic study in general. I need to know whether the traffic
study included anticipated increase in traffic from the Bethany Bend High School that will be there and
also the Forsyth Development?
Abdul Amer:
Yes, we have included additional traffic growth in the traffic study. We estimate a percentage growth in
traffic and increase that on an annual basis.
Councilmember Tart:
Is that based on just general population growth or proposed or definite developments?
Abdul Amer:
It’s based on a review of the historic growth in traffic in the area.
Councilmember Tart:
On page 23, about the turning radius, there have been claims made about the turning radiuses about the
computer generated best case scenario and even then it has the delivery truck riding on the curbs. Could
staff speak to that? This is tight. What can we do to avoid this?
Lynn Tully:
I think that is better answered by the transportation engineer who put this drawing together. I can say that
our public works director and their staff has looked at it and to the best of their ability they have
authenticated it again and I’m not sure that we have the same schematics.
Carter Lucas:
This is one where we have to have to look to the applicants engineer to provide that information to us.
It’s not a program we have or something we can review in house other than simply looking at what has
been provided to us.
Councilmember Tart:
Okay, well if that’s the case, I can see it right here plain as day, the rear tires go up on the concrete, what
can the applicant do to avoid that?
Brad Riffel:
You may be looking at some of the other lines that are part of the extent of the cab. I can assure you that
there are no tires going on any of the curbs because I made adjustments when it did. Initially, there were
some tight areas, but I made adjustments.
Councilmember Longoria:
Brad, under normal circumstances, is it normal for gas stations to have only one good entrance and one
good exit?
Brad Riffel:
Ideally, you would like a couple of options. Sometimes that is not possible. There are some people that
deliver gas that could answer that better. What I can tell you from previous conversations, is that the
company that is going to be providing the gas they have one or two employees that are specifically
dedicated to this site. They will know the means of the site and how tight it is. It is tight, but according
to the program we used, it works.
Lynn Tully:
Based on the plan you all have, the right of way reserved for future improvement on Bethany Bend it
straddles the center of the landscape strip and the entirety of the landscape strip is provided within the
reservation line. I am anticipating that we may lose a portion of that property.
Councilmember Tart:
How will that affect the sidewalk?
Lynn Tully:
We would have to move the sidewalk closer into the property. There still would be a need for the
sidewalk to be outside the reservation line and we may lose the beauty strip along that portion in
particular.
Councilmember Tart:
There seems to be a lot of discussion around previous rezoning and conditions. The conditions were not
intended to exclude convenience stores or gas pumps. In terms of all of the uses of C-1, where do you see
gas stations in terms of intensity of use?
Lynn Tully:
I can say in terms of traffic generation, there is a long use of C-1 uses that could potentially go on a site
like this. The size of the site and the shape of the site limits a lot of these. There are other uses that could
fit that would create less traffic, possibly a beauty shop or something of that nature would cause less
traffic. I will say we did review the traffic engineer’s traffic study thoroughly; we did attempt to include
the site plan from the engineer according to that study.
Councilmember Zahner Bailey:
First, does the applicant own this parcel?
Lynn Tully:
I believe they have signed as owner.
Councilmember Zahner Bailey:
In terms of prohibited uses, do we have standard language for the prohibited uses?
Lynn Tully:
I believe so. Robyn MacDonald will look for that.
Councilmember Zahner Bailey:
There are reasonable uses as evidence that would be effective that are allowable under our zoning code
that would allow for the current zoning to be an economical use. Has the Design review board review ed
this case?
Lynn Tully:
Yes ma’am.
Councilmember Zahner Bailey:
I did not see any of their comments on the analysis. Could you speak to the DRB?
Lynn Tully:
They reviewed this on February 2, 2010. It’s on page 28. And also on April 13, 2010 and their first
review they discussed screening of the dumpster which the applicant has now provided. They have
discussed the canopy over the top of the pumps islands and said they should have a pitch on that. They
also provided some drawings that indicate that the applicant has provided drawings to indicate that and
requested any consideration of any alternate designs. I believe that again based on the proposal, they
have considered those. They discussed on April 13th if the parking spaces on the North end would
function correctly for maneuverability. Those are some tight spaces. Those will be employee only. They
have removed what was originally an air and vacuum station from those spaces. They also discussed the
sidewalk which potentially goes into the drive isle. Additional treatment of the dumpster area. The
height should be the same as the building and provide a garage like door and that is indicated on your
drawings. They should match the canopy to the building. They should locate bicycle parking on the side.
Relocate the air and vacuum station. Discussed the previous issues that were addressed during the
February meeting.
Councilmember Zahner Bailey:
Did your analysis specifically include the traffic anticipated for the new high school.
Abdul Amer:
Yes Ma’am. We anticipated the traffic growth. What we did like we do in all traffic studies which is to
do existing traffic counts and then whether it be 1, 2, or 3 years we add background traffic growth and we
agree with the city staff what is an appropriate growth to include. 3%? 2%? 4%? Off the existing traffic
and that is what we agreed on and included. So to answer your question, we do include all projects.
Mayor Lockwood:
You used a generic growth rate or did you do a specific rate to the new school?
Abdul Amer:
Yes, you are correct. It’s a standard practice in the industry.
Lynn Tully:
Typical uses accepted to the C1 zoning district included on the list was gas station and associated gas
pumps specifically as excluded. They were prohibited.
Councilmember Zahner Bailey:
Can staff also confirm the distance from the first speaker that the 25 feet is about correct in terms of the
distance from the proposed parcel and the residence?
Lynn Tully:
From the property lines themselves, we measured the distance between the gas tanks and the holding
tanks to the nearest residential property line. We did not measure the pump dispensers or the property
line to property line. The holding tank is approximately 170 feet.
Councilmember Hewitt:
I have a couple of questions that are geared towards the entrance and exits. As its drawn now, will DOT
approve this and is it far enough from the intersection?
Carter Lucas:
Yes, we have had a number of conversations with GDOT on this and at this point they have not voiced
any significant concerns.
Councilmember Hewitt:
My next question is probably more towards you, Brad. I know there are some issues with the property
immediately to the south. Do we have any concept about what would happen if there was some inter
parcel access and this driveway was able to be shifted South to be more in light with the Publix driveway?
Brad Riffel:
Over the past three years we have made effort to get with the property owners to line the curb cuts up
with Oakmeade and Publix, unfortunately, to align it would take up lots of property from the adjacent
property owners and they were unwilling to work with us on it for a few reasons. My client says he
would be more than happy to relocate the curb cut when the other property owners are willing to work
with us and allow us to do that. Does that answer your question?
Councilmember Hewitt:
Yes, it does. Thank you.
Councilmember Zahner Bailey:
I do have two more questions. I apologize. Hours of operation, could the applicant confirm the hours of
operation as well as delivery times?
Mehdi Jannatkhah:
5:30 a.m to 12:00 a.m. except Sunday which is 7:00 a.m. to 11:00 p.m.
Councilmember Zahner Bailey:
Also to delivery times, can you speak to that?
Mehdi Jannatkhah:
Delivery time would be up to us, but we had agreed to make sure that the delivery will happen within the
hours of operation, not after hours.
Mayor Lockwood:
I have talked to several citizens and I understand all of the concerns and I can agree with a lot of them,
but I want to look at it from both sides. As we look at this and the staff’s recommendations and I think
some of our legal opinion, it always comes up. Obviously this applicant owns this piece of property and
we have talked a little bit but could you confirm other uses that I think the problem is that it is such a
small piece of property. I know we have denied gas stations on other pieces of property but those are big
parcels that had other opportunities. Could staff and Mr. Hendricks address if there are any other uses on
this property as it is currently zoned?
Lynn Tully:
As it is currently zoned, AG is our agricultural district and it could be used for any farming, however, the
size and location diminishes that ability. Again, as a residential use it is further diminished by the size.
Assuming there is septic on the property or sewer, they may or may not be able to attach to that. Again,
because of the size of the property it would limit that. It is fa irly restrictive under the current zoning.
Under C1 there are other uses in addition to a gas station that could be placed there. The size is the
prohibitive factor again for any commercial uses and providing anything that could be retained there
economically. However, there are some things, potentially, it could be used for.
Mayor Joe Lockwood:
Part of this stays AG-1, as discussed earlier, a veterinary or animal clinic but I think the problem there is
that it might be too small of a piece of property plus it being on the corner, the economics probably would
not work. Mr. Hendricks, do you want to address any other options?
Pete Hendricks:
This is where I started out with the applicant when he came to me about the thought and idea of rezoning
this property. I wanted to know what kind of evaluation have you given …… as to what you got the
ability to be able to do on this piece of property. He walked me through the effort to try and wed to the
profits of the South and all the loggerheads that were met there, including an initial comment that the
people didn’t even know they owned the property. Then through a fellow being in jail and then part of it
being in an estate, it can’t logistically be done. So, that left us with the .871. A restaurant, you can’t park
it. Fast food …. I don’t think with drive-thru for land use perspective is as good as the filling station that
is being proposed. You have no reasonable economic life or value if you come in with a little boutique
retail so where you end up is with the application that you have in front of you. I think it’s highly unusual
that you have someone, an owner of property, in your community, that has the financial commitment and
wherewithal to come in and do to this property what he is talking about doing to this property as to the
upgrades, the enhancements, to where you will make it fit and work and the ratcheting down and the
scope and scale from what was originally proposed to come to a bare bone financial ability to work and
function with this piece of property.
Mayor Joe Lockwood:
I’ve heard a lot of concerns about traffic and safety but then I also hear a lot about a use like this doesn’t
really generate a whole lot more traffic, it’s just people that are driving through that see the gas station
that pull in and use it. Can you address that a little bit? Is this a use that will attract a lot more traffic or
just going to impact existing traffic?
Carter Lucas, Public Works Director:
I think that the standards that we look at when reviewing these, probably 50 to 60% of the traffic
generated were coming to the site as pass-by traffic. In other words, those vehicles that are already on the
road, see the gas station and stop at the gas station so it generates about half of that in ne w traffic coming
to the particular site. The reduction in the pumps obviously reduces the overall draw to the site and so
there is some draw from the outside. I would have to look at the numbers specifically to tell you the
number of trips but we would consider 50% to 60% pass-by trips.
Mehdi Jannatkhah:
Thank you for the opportunity to comment on the trip generation. Give me a second, please, to flip to the
trip generation. ITE trip generation manual which is data of thousands of similar facilities throughout the
country has documented pass-by trip percentage and it is 50% to 60% of the total traffic to a facility like
this. It is typically pass by traffic and in that context when you can compare what would possibly go here,
the total number of new trips generated by this type of development is certainly much less than other
developments. I did do some trip generation comparisons for various uses. Especially the new trips by
this were significantly less than other potential uses, commercial uses, such as fast food restaurants, banks
and things like that. I want to give you some perspective on the number of trips we are talking about. In
the AM peak hour, we are talking about total new trips of 16 cars in one hour. Divide that up in two
driveways, say there are 50/50, you are talking about eight cars entering this driveway in one hour. New
cars, eight new trips. Other trips might be going on the road and just turn right and then turn right back
out when they fill up. So you are talking about eight new trips for each of the driveways coming in and
that in a period of one hour, if you look at it, two cars for 15 minutes, new, coming to this gas station.
Gas station is a frightening word but when you look at a Quik Trip and a RaceTrac, it could poten tially
generate hundreds of new cars in an hour. This is much smaller in scale. I just wanted you to keep that in
perspective as we talk about trips. Thank you.
Mayor Joe Lockwood:
The only other thing, as we talk about transition, in my opinion, I think that is important. It would be
great to have a big circle and a bulls eye and we go out but personally in my opinion, if you take Hwy. 9,
the State Route and our existing commercial areas, we have to work outside of that. It’s a little bit
awkward here because of the residential property that ………… Mr. Joseph’s property that comes right
up to that intersection. I was going to ask if the applicant would consider different house, maybe limiting
the hours where it was not as open as late, maybe didn’t open quite as early, if that was a consideration
also? That seems to be a concern of some citizens.
Mehdi Jannatkhah:
I think we can go ……….. instead of 5:30 AM, go to 6:00 AM to be consistent with the other businesses
that are around and we can go from 12:00 AM to 11:00 PM, to be consistent with other businesses.
Mayor Joe Lockwood:
I’m not trying to play the devil’s advocate; I’m listening to the citizens also. I’ve met with several
citizens but I’ve also met with our staff and city attorney and the applicant and I realize this is someone’s
livelihood and they have bought this property and they certainly have the rights within the law. I do agree
that they have changed the plan a lot since they first came in. If I wanted to deny this, if the city council
denied this, do we have any legitimate reasons to deny specifics that we can deny this on or based on
facts?
Lynn Tully:
Zoning, as you well know is a legislative issue and therefore it’s very much based on quality vs. quantity
so based purely on a qualitative point, if you so feel that this use is too intense, for the site, you can deny
it based on that fact. If you are looking for a science fact based variable, I’m not sure that I have one
without a lot of other study and I don’t know that the applicant is ready to prepare all that study at this
point. Yes, obviously again as a legislative avenue, qualitatively, density and intensity, you can rule that
way.
City Attorney Jarrard:
Mr. Mayor, I am going to echo what Ms. Tully said to the extent that of course this is legislation. The
particular use challenges are identified in the staff report. It would be disingenuous of me to suggest that
doesn’t present a little bit of a challenge for council. Lynn is going to look at this from a planning
perspective. I am going to look at it from a defense perspective, of whatever the city does and so I tend to
look at it from the prospective of those things that have the city’s actions an d certainly to the extent that
this pertains to the challenges of trying to find an economic development for this property, that is a
concern. It would be disingenuous of me not to say that there is not a concern. That is not the only thing
that the council has to consider. There are things like the public interest, there are things like land
development policy. Not all of those things can lean to what the court would look at, if in fact the
property owner is able to meet his burden, the initial burden of saying, I have been significantly damaged
or hurt because of what the council did. So, it’s very difficult for either Lynn or I to say to you, this is
how you should exercise your discretion as legislators in this matter. Mr. Mayor, I will tell you th at I
believe this property appears to present some challenges and I’m not going to be in a position to tell you
that I think that you need to exercise your legislative ability, one way or the other and the city staff and
city attorney will defend the city’s actions within this framework, irrespective of what they are.
I would like to say again. I certainly understand that citizens live nearby and I would feel the same way
they do. So, I am concerned about that and other issues. The other thing I struggle with is I see a piece of
property and someone owns it and I wish there was a bigger piece of property, and we could come up
with suggestions, Plan A, Plan B and Plan C. I just don’t see those other options as being practical. The
other thing, I think this applicant is willing to put forth extra money to dress this development up to make
it look attractive. My other biggest concern is that the city of Milton, as I believe all the council wants to
do, is to preserve what we have out here and we have very limited commercial, or future slated
commercial area. I certainly want to look at all those opportunities also. I think everybody has had a
chance to speak. I am certainly open for a motion at this point.
Motion and Vote: Councilmember Tart moved to Deny Agenda Item No. 10-1063, RZ 10-01
based on the following:
The proposed use is too intense for the .87 acre site as evidenced by the following:
o There appear to be dual uses of parking spaces for air and water on the side of the building
which limits the use of required parking spaces as required by our ordinance;
o DRB made specific comments relative to the three parking spaces to the North end of the
site and in their words do not function correctly for maneuverability purposes and as a result
the applicant has made those employee only parking spaces which further limits the use of
parking spaces on the site and speaks to the tight nature of the site;
o The location of underground fuel tanks in front of the building and just behind the parking
spaces will limit ingress and egress during times of delivery and will cause blind spots on the
site and back up traffic on Highway 9 leading to safety concerns to pedestrians and vehicles
on the premises and on adjacent streets and will block parking spaces during times of
delivery;
o Logistical challenges presented by the size of the parcel in relation to proposed uses
including one-way traffic in/out of the gas pump stations, yet two entrances are noted; one
with a right-in/right-out and lack of space for queuing and further complications caused by
even less space when the parking spaces are filled by employees and customers;
o Established public policy including a case 2006, 2-0096RFC heard in Fulton County on
November 15, 2006 and a related rezoning directly across the street at CVS in which the
traffic engineer noted that although the proposed use in that case was consistent with the
language plan, the nature of the intersection of State Route 9 and Bethany Bend where the
subject site was located was problematic in accessing, the subject site will be a challenge
especially with increased traffic;
o Also there were two cases that were heard by this Body with prohibitive uses including gas
stations and convenience stores: one at the corner of Deerfield and Highway 9, the Kohl’s
location and at Webb Road and Highway 9;
o Lack of appropriate transitioning between the high intensity use of the proposed gas station
and nearby low density residential neighborhoods;
o Overall safety concern to pedestrians and vehicles given the delivery of gas presented by the
increased traffic to the site through the intersection and on the site itself.
Second and Friendly Amendment: Councilmember Zahner Bailey seconded the motion
and added the following points:
o Pg. 12 in reference to “Whether the property to be affected by the proposed has a reasonable
economic use as currently zoned?” is that as defined by the City of Milton’s Zoning Code,
expressly allows for several different uses that are indeed possible as currently zoned which
would include not only a veterinarian clinic but also other things including retail sales of
items grown from other locations but could be sold here as well as a multitude of other C -1
uses should this, in the future be rezoned to C-1 and yet with prohibited uses.
o While this may be reflected as C-1 in the future land Use Plan for C-1, not all commercial
uses have the same intensity of use and that the gas on so few acres is a much more intense
use than what is typically allowed next to and immediately adjacent to residential homes.
o Public health, safety and welfare concerns as stated by citizens as well as noted by
Councilmembers, in particular combustibility issues, as it relates to the proximity of
residences to underground tanks and the risk that would put our citizens at.
o Transportation issues that expressly there was not a separate transportation and traffic study
that expressly included the increased traffic anticipated by the Fulton County Board of
Education School planned to open in the fall of 2012.
Mayor Lockwood:
I would say, I am happy for the citizens and all that are concerned. I also will say that I have heart burn
because I think the applicant has met all the legal requirements and ordinance requirements so I don’t
believe that is fair but I will certainly respect the decision.
Councilmember Zahner Bailey:
I do want to make one statement. I would like to speak briefly to the applicant and note that if something
were to be denied, that obviously an application could come back and that there is always an opportunity
to request a C-1 rezoning with perhaps some conditions that would be more palatable based on transition
policy and based on the live-work and quality of life policies of this body including as represented by our
mission and value statements in the Highway 9 design area. I would encourage consideration of other
rezoning that perhaps would take into consideration certain uses vs. others.
Motion Restated and Vote:
Councilmember Tart moved to Deny Agenda Item No. 10-1063, RZ 10-01 and concurs to add
Councilmember Zahner Bailey’s justifications as stated except for the combustibility concern in
close conjunction to residences. The motion passed 3-2. Mayor Lockwood and Councilmember
Hewitt were opposed. (Councilmember’s Thurman and Lusk were absent for the vote.)
Mayor Lockwood:
I would like to thank all of the citizens for being here tonight.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
1
To: Honorable Mayor and City Council Members
From: Matt Marietta
Date: Submitted on November 4, 2010 for Approval at the November 15, 2010 Regular
Council Meeting
Agenda Item: Annual Re-enactment of the Ordinance Approving and Establishing the
Regulation of Solid Waste Collection Services within the City of Milton, and
Providing for the Scope and Nature of the Operation of Such Services
City Manager’s Office Recommendation
Re-approve the ordinance approving and establishing the regulation of solid waste collection
services within the City of Milton, and direct City Staff to facilitate the contracting of such
services to providers currently in operation and those who may become in operation.
Background
The original ordinance was passed on November 21, 2006 and has been renewed each
successive year since its original enactment. The City’s authority to enter into solid waste
franchise agreements emanates from this ordinance.
Discussion
This ordinance needs to be re-enacted each year in order to continue the validity of our solid
waste franchise agreements. Over the past year, all of the current Haulers on the approved list
have affirmed their desire to remain active in the City of Milton. Additionally, as of the date of
this memo, all of the active Haulers are current with the infrastructure maintenance fee and
have been provided with a copy of the ordinance and/or directed to city website which links the
ordinance from the Solid Waste Management homepage.
Funding and Fiscal Impact
The ordinance contains the requirement for an infrastructure maintenance fee to be paid to the
City quarterly in the amount of 5% of gross revenues. The impact to residential constituents has
been less than one dollar ($1.00) per month. Further, this revenue is dedicated to the
maintenance of infrastructure, primarily the resurfacing of roadways.
Alternatives
If not re-enacted, the City would lose its authority to regulate solid waste collection within our
corporate limits and the ability to collect franchise fees for the same activity, with the
accompanying loss of revenue.
City of Milton
13000 Deerfield Parkway, Milton, Georgia 30004
2
Concurrent Review
Chris Lagerbloom, City Manager
Page 1 of 14
ORDINANCE NO.
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies (“Company”) currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton (“City”) seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 “Company” means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 “Solid Waste” means the collection of residential and commercial non-recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Page 2 of 14
1.4 “Approved Container or Approved Bag” or “Container” or “Bag” means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 “Construction/Demolition Debris” shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 “Dead Animals” shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 “Effective Date” means any contract executed between the City and any Company on or
after December 1, 2009.
1.8 “Term” shall mean a period of one year from the effective date.
1.9 “Environmental Laws” means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
1.11 “Area” shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 “Garbage” shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division (“Georgia EPD Chapter 391-3-4-.01(21)).
1.13 “Hazardous Materials” means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 “Hazardous Waste” means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term “Hazardous Waste” will be construed to have the broader, more
Page 3 of 14
encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 “Residential Unit” shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
1.16 “Commercial Unit” shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 “Construction Site” shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 “Recycling” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(57).
1.19 “Waste” means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.20 “Yard Trimmings” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(77).
1.21 “Customer” shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance, and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non-Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
Page 4 of 14
Section 3. Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided-Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair.
4.3 Collection Operation- (a) Save and except as provided in this Section, collection shall not
start before 7:30 AM or continue after 7:30 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it’s Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company’s name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi-media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non-Company performance will result in the consideration of revocation of a
non-exclusive contract or the City’s choice to not renew an existing agreement.
Page 5 of 14
4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company’s telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, #2, and #3); cardboard, cereal boxes and any non-waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company’s obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non-collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company’s obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City. Service
calls received by the City as a result of non-Company performance will result in the
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consideration of revoking a non-exclusive contract or the City’s choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize “Scout” trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industr y practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except those be ing used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company ’s name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersecti ons.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non-operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate their Cust omers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it’s customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of
Page 7 of 14
operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity. In the event any transfer occurs on
public land, including streets, alleys, rights -of-ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees.
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, are valua ble public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through the term of its Contract collect an
“Infrastructure Maintenance Fee” equal to 5% of the Company’s gross receipts to
Customers within the City (exclusive of Sales Tax). The term “Infrastructure Maintenance
Fee” shall be used on all bills, invoices, or statements se nt by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15th day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter, the M ay 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the calendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
Page 8 of 14
the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees - The Contract fee shall be in lieu of any and all other City -
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessment s for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof, in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall not be c onstrued to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid - Should the City not have the legal power to agree th at the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting – Any Company providing service pursuant to this Ordinance or a
resulting Contract shall from time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provide adeq uate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue – The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City’s streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal laws, rul es and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements - The Company shall maintain throughout the term
of its Contract, property damage coverage, ge neral liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against claims for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
Page 9 of 14
($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, t he Company
shall maintain throughout the term of the Contract r esulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia , or
documentation explaining the exemption from employer’s liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager’s or his designee’s reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all authorities, Boa rds, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause - The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements-The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or pro ceeding brought thereon.
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an “Asserted
Page 10 of 14
Claim”) that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the “Claims Notice”) to the Company provided, however, that a failure to
give such notice shall not prejudice the City’s right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby. The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Claim. If t he
Company elects to compromise or defend such Asserted Claim, it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against, such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provided or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and t o terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section 8;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service t o the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond to Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's operation; and
(d) Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
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12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information - Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance .
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, offi cers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written notice from C ity setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing, may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Contract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4, the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued, the Council may take under con sideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such termination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - The Council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or n ot any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Counci l may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation wi thin
the City; and provided further that Company may, in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
Page 12 of 14
Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the consent of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days after his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement - Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
Page 13 of 14
Section 19. Public Necessity.
The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
All provisions of the ordinances of the City as now existing or as may be amended from time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was passed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
Page 14 of 14
City of Milton
Attention: City Manager
13000 Deerfield Parkway,
Suite 107A/B
Milton, GA 30004
_______________________________________(the "Company"), acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give the benefit s provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: ____________________________________
By: _________________________________________
Printed Name: _________________________________
Title: ________________________________________
THIS ORDINANCE PASSED AND APPROVED on the 15TH day of November, 2010.
Approved:
__________________________________________
Joe Lockwood, Mayor
Attest:
_____________________________________
Sudie AM Gordon, City Clerk (SEAL)
Approved as to Form and Content:
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Ken Jarrard, City Attorney