HomeMy WebLinkAbout06-06-11 Packet
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman
Julie Zahner Bailey
Bill Lusk
Burt Hewitt
Joe Longoria
Alan Tart
Monday, June 6, 2011 Regular Council Meeting Agenda 6:00 PM
INVOCATION - Pastor Dave Benson, Birmingham United Methodist Church.
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. 11-106)
4) PUBLIC COMMENT
5) CONSENT AGENDA
1. Approval of the April 25, 2011 Work Session.
(Agenda Item No. 11-107)
(Sudie Gordon, City Clerk)
2. Approval of the May 2, 2011 Regular Council Meeting.
(Agenda Item No. 11-108)
(Sudie Gordon, City Clerk)
Page 1 of 5
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Suite E
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 6, 2011
Page 2 of 5
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. Approval of a Professional Services Agreement between the City of Milton and
Wolverton & Associates, Inc. for the Design of a Shoulder Repair on Mountain Road.
(Agenda Item No. 11-109)
(Carter Lucas, Public Works Director)
4. Approval of an Agreement between the City of Milton and Brumbelow-Reese &
Associates, Inc. for a Right-of-way and Topographic Survey for Drainage Improvements
on Hopewell Road.
(Agenda Item No. 11-110)
(Carter Lucas, Public Works Director)
5. Approval of an Agreement between the City of Milton and Frontline Surveying &
Mapping, Inc. for Boundary and Topographic Survey for 2.5 Acre Parcel at 15690
Hopewell Road.
(Agenda Item No. 11-111)
(Carter Lucas, Public Works Director)
6. Approval of a Professional Services Agreement between the City of Milton and Georgia
Land Surveying Holding Corp., Inc. for a Boundary and Topographic Survey for
Crabapple Park for an Amount not to Exceed $1,250.00.
(Agenda Item No. 11-112)
(Cyndee Bonacci, Parks and Recreation Director)
7. Approval of a Revised Parks and Recreation Event License Agreement between the City
of Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth Soccer Program for
Ages 4 - 12.
(Agenda Item No. 11-113)
(Cyndee Bonacci, Parks and Recreation Director)
8. Approval of a Revised Parks and Recreation Event License Agreement between the City
of Milton and i9 Sports Forsyth/North Fulton to Offer a Coed Youth Flag Football
Program for Ages 4 - 12.
(Agenda Item No. 11-114)
(Cyndee Bonacci, Parks and Recreation Director)
9. Approval of a Revised Fee Schedule for the City of Milton Parks and Recreation
Department.
(Agenda Item No. 11-115)
(Cyndee Bonacci, Parks and Recreation Director)
6) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing MDA Firefighter Appreciation Month.
(Presented by Mayor Joe Lockwood)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 6, 2011
Page 3 of 5
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.
2. Presentation of City of Milton Tax Assessments and New Legislation.
(Presented by Burt Manning, Fulton County Tax Assessor)
3. Presentation of Memorial Day Essay Contest Winner and Finalists.
(Presented by Councilmember Bill Lusk)
7) FIRST PRESENTATION
1. RZ11-13/VC11-02 – 14355 Providence Road and Haystack Lane by Segars &
Snidow, LLC to rezone from C-1 (Community Business) and AG-1 (Agricultural)
to O-I (Office-Institutional) and AG-1 (Agricultural) to expand an existing
building and two existing buildings for a total of 5,740 square feet with the
following four part concurrent variance:
1) Sect. 64-730(c)(1) To reduce the 40 foot side yard setback to 10 feet along the
east property line;
2) Sect. 64-1433(e) To allow off-street parking within the side corner yard along
the east property line;
3) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement
setback along the west property line to 20 feet;
4) Sect. 64-1141(3)a. To reduce the 50 foot buffer and 10 foot improvement
setback along the north property line to 0 feet.
(Agenda Item No. 11-116)
(Lynn Tully, Community Development Director)
2. RZ11-06 – Text Amendment to the Zoning Ordinance to Create the “Film and
Movie Media Productions Administrative Permit” (Sec. 64-1616).
(Agenda Item No. 11- 091)
(Deferred from May 2, 2011 Regular Council Meeting First Presentation)
(Lynn Tully, Community Development Director)
3. RZ11-07 – Text Amendment to the Zoning Ordinance to Revise the “Use
Regulations” for the C-1 (Community Business) District (Sec. 64-775).
(Agenda Item No. 11- 092)
(Deferred from May 2, 2011 Regular Council Meeting First Presentation)
(Lynn Tully, Community Development Director)
4. RZ11-08 – Text Amendment to the Zoning Ordinance to Revise the “Use
Regulations” for the C-2 (Community Business) District (Sec. 64-798).
(Agenda Item No. 11- 093)
(Deferred from May 2, 2011 Regular Council Meeting First Presentation)
(Lynn Tully, Community Development Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 6, 2011
Page 4 of 5
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.
5. RZ11-09 – Text Amendment to the Zoning Ordinance to Create “Prohibited Uses
in All Districts” (Sec. 64-395).
(Agenda Item No. 11- 094)
(Deferred from May 2, 2011 Regular Council Meeting First Presentation)
(Lynn Tully, Community Development Director)
6. RZ11-10 – Text Amendment to the Zoning Ordinance to Create “Separation
Standards for High Traffic Uses” (Sec. 64-218).
(Deferred from May 2, 2011 Regular Council Meeting First Presentation)
(Agenda Item No. 11- 095)
(Lynn Tully, Community Development Director)
7. RZ11-11 – Text Amendment to the Zoning Ordinance to amend definitions in
Section 64-1.
(Agenda Item No. 11-117)
(Lynn Tully, Community Development Director)
8. RZ11-12 – Text Amendment to the Zoning Ordinance to amend Roadside
vending in Section 64-1607.
(Agenda Item No. 11- 118)
(Lynn Tully, Community Development Director)
8) PUBLIC HEARING (None)
9) ZONING AGENDA (None)
10) UNFINISHED BUSINESS (None)
11) NEW BUSINESS
1. Approval of a Resolution Amending Resolution No. 08-01-03, a Resolution
Appointing A Member to the City of Milton Board of Zoning Appeals for District
6.
(Agenda Item No. 11-119)
(Alan Tart, Councilmember)
MILTON CITY COUNCIL REGULAR MEETING AGENDA JUNE 6, 2011
Page 5 of 5
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.
2. Approval of a Resolution Amending Resolution No. 09-01-69, a Resolution
to Create the Milton Grows Green Committee and its Governing Board and for
Other Designated Purposes and Adding Members to the MGG Committee
Governing Board.
(Agenda Item No. 11- 120)
(Cindy Eade, Sustainability Coordinator)
3. Approval of a Resolution to Authorize the Mayor and City Council to Approve
the Submission of a Revised Transportation Enhancement Application to Georgia
Department of Transportation.
(Agenda Item No. 11- 121)
(Carter Lucas, Public Works Director)
4. Approval of a Resolution to Adopt the City of Milton’s 2030 Comprehensive
Plan: The Community Agenda.
(Agenda Item No. 11-122)
(Lynn Tully, Community Development Director)
5. Approval of a Resolution to Dissolve the Comprehensive Plan Advisory
Committee and to Recognize the Work of Its Members.
(Agenda Item No. 11- 123)
(Ken Jarrard, City Attorney)
12) MAYOR AND COUNCIL REPORTS
13) STAFF REPORTS (None)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss potential land acquisition.
(Agenda Item No. 11-124)
15) ADJOURNMENT
(Agenda Item No. 11-125)
The minutes will be
Provided
electronically
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: May 25, 2011 for the June 6, 2011 Council meeting
Agenda Item: Approval of a Professional Services Agreement between the City of Milton
and Wolverton & Associates, Inc. for the Design of a Shoulder Repair on
Mountain Road
Background:
This is a contract for professional engineering services related to the design of a shoulder failure
on Mountain Road.
Discussion:
The work to be completed under this agreement is part of repair project being partially funded
by the Natural Resource Conservation Service. Under that agreement the city is required to
provide an engineering plan for approval prior to beginning any work. This contract fulfills that
obligation.
Staff is recommending approval of the professional Services Agreement with Wolverton &
Associates in the amount of $1,998.
The budget for this work will come from the capital stormwater fund. This expenditure will not
cause us to overspend this account.
Legal Review:
Professional Services Agreement – Paul Higbee, Jarrard & Davis on 5/5/2011
Attachments:
1. Professional Services Agreement
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: May 24, 2011
AGENDA ITEM: Approval of a Professional Services Agreement between the City of
Milton and Wolverton & Associates, Inc. for the Design of a Shoulder
Repair on Mountain Road.
MEETING DATE: Monday June 7, 2011 Regular Called Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR:
() NOT APPROVED
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE - Public Works Director
Date: May 25, 2011 for the June 6, 2011 Council meeting
Agenda Item: Approval of a Professional Services Agreement between the City of Milton
and Wolverton & Associates, Inc. for the Design of a Shoulder Repair on
Mountain Road
Background:
This is a contract for professional engineering services related to the design of a shoulder failure
on Mountain Road.
Discussion:
The work to be completed under this agreement is part of repair project being partially funded
by the Natural Resource Conservation Service. Under that agreement the city is required to
provide an engineering plan for approval prior to beginning any work. This contract fulfills that
obligation.
Staff is recommending approval of the professional Services Agreement with Wolverton &
Associates in the amount of $1,998.
The budget for this work will come from the capital stormwater fund. This expenditure will not
cause us to overspend this account.
Legal Review:
Professional Services Agreement - Paul Higbee, Jarrard & Davis on 5/5/2011
Attachments:
1. Professional Services Agreement
City of Milton
PROFESSIONAL SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Mountain Road Slope Repair
This Professional Services Agreement (the "Agreement") is made and entered into this day of
, 2011, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as
the "City"), and Wolverton & Associates, Inc. (hereinafter referred to as the "Consultant").
WITNESSETH THAT:
WHEREAS, the City desires to employ a Consultant to perform the services described herein (the
"Work"); and
WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work,
and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as
follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto
and incorporated herein by reference, constitute the "Contract Documents":
EXHIBIT A WORK. DESCRIPTION
EXHIBIT B INSURANCE CERTIFICATE
To the extent that there may be any conflict among the Contract Documents, the provision operating most
to the benefit of the City shall govern.
Section 2. The Work: Consultant shall provide all Work described in the Contract Documents.
Unless otherwise stated in the Contract Documents, the Work shall include Consultant's provision of
materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally
described professional engineering services related to the design of a slope rehabilitation on Mountain
Road, Approximately 0.20 miles east of Wilkie Road.
Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and
warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress
of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a
written "Notice to Proceed" from the City and shall fully complete the Work within 30 days of the
"Notice to Proceed".
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as
defined below, shall require a written change order executed by the City in accordance with its purchasing
regulations.
Section S. Compensation and Method of Payment: City agrees to pay Consultant for the services
performed and costs incurred by Consultant upon the City's certification that the services were actually
performed and costs actually incurred in accordance with this Agreement. Compensation for services
performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City's
receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the
Page 1 of 4
services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted.
The total amount paid under this Agreement for the Work shall not, in any case, exceed a lump sum fee of
$1,998 (the "Contract Price"), except as outlined in Section 4 above. Consultant shall take no calculated
risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform
the Work within the budgetary limitations established without disregarding sound principles of
Consultant's industry, Consultant will give written notice thereof immediately to the City.
Section 6. Covenants of Consultant
A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest
in, nor delegate any duties of this Agreement, without the prior express written consent of the
City.
B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to
take and assume all responsibility for the services rendered in connection with the Work.
Consultant shall bear all losses and damages directly resulting to it on account of the negligent
performance or character of the services rendered pursuant to this Agreement. Consultant shall
defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and
appointed officials, employees and agents from and against any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to, reasonable
attorney's fees, which are the result of willful or negligent acts, or tortious conduct to the extent
arising out of the negligent performance of contracted services, or operations by Consultant, any
sub -consultant, anyone directly employed by Consultant or sub -consultant or anyone for whose
negligent acts Consultant or sub-conconsultant may be liable, regardless of whether or not the
negligent act is caused in part by a party indemnified hereunder.
C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an
independent business and agrees to perform the Work as an independent Consultant, not as agent
or employee of City. Inasmuch as City and Consultant are parties independent of one another,
neither has the authority to bind the other to any third person or otherwise to act in any way as
the representative of the other, unless otherwise expressly agreed to in writing by both parties.
Consultant agrees not to represent itself as City's agent for any purpose to any party or to allow
any employee to do so, unless specifically authorized, in advance and in writing, and then only
for the limited purpose stated in such authorization. Consultant shall assume full liability for any
contracts or agreements Consultant enters into on behalf of City without the express knowledge
and prior written consent of City.
D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this
Agreement, insurance approved by the City as shown on Exhibit B.
E. Licenses Certifications and Permits: Consultant covenants and declares that it has obtained and
will maintain all diplomas, certificates, licenses, permits or the like required by any national,
state, regional, City, and local boards, agencies, commissions, committees or other regulatory
bodies to perform the Work. Consultant shall. comply with applicable legal requirements and
meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the
process of being prepared for the Work by Consultant ("materials") shall be the property of the
City and the City shall be entitled to full access and copies of all materials. All copyrightable
Page 2 of 4
subject matter in all materials is hereby assigned to the City and Consultant agrees to execute
any additional documents necessary to evidence such assignment.
G. Consultant's Representative: Mario Macrina shall be authorized to act on Consultant's behalf with
respect to the Work as Consultant's designated representative.
H. Confidentiality: Consultant acknowledges that it may receive confidential information of the
City and that it will protect the confidentiality of any such confidential information and will
require any of its sub -consultants, consultants, and/or staff to likewise protect such confidential
information.
I. Meetings: Consultant shall meet with City's personnel or designated representatives to resolve
technical or contractual problems that may occur during the term of the contract, at no additional
cost to City.
Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall
perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances at the same time and in the same or
similar locality.
Section S. Termination: The City may terminate this Agreement for convenience at any time upon
written notice to Consultant. Provided that no damages are due to the City for Consultant's breach of this
Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
B. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall be deemed to be an original, but all of which together shall constitute one and the same
instrument.
C. Sovereign Immunity.. Nothing contained in this Agreement shall be construed to be a waiver of the City's
sovereign immunity or any individual's qualified good faith or official immunities.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[SIGNATURES ON THE FOLLOWING PAGE
Page 3 of 4
[Wolverton & Associates, Itic,j
Si;r3atre; .. Printed Name:
ChiefOhng tiff�ee
Title; ....._ W._........ ....... __..___ ....
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
Page 4 of 4
&O'Associates
ENGINEERING SERVICES/ HQURLYRATES
Principal ....... ......... ....... ................ -- ....... ............ $175.00/hour
Professional Engineer/Registered Land Surveyor/
W
Registered Landscape Architect ....................... $105.00—$165.00/hour
Engineer, E.l.T ... ......... ...... ......... $75.00 — $120.00/hour
Land Surveyor, L.S.137SUE Project Manager. ....... ....... - .......... $75.00 — $135,00/hour
Survey Crew... ...... ...... — ... ... — $ 120.00 — $185.00/hour
Field Representative ............. ...... ......... $75.00 — s95.00/hour
CAD Technician/ Designer, . ... ..... ................... 65.00 — $I 05.00/bour
SUE Designator . . ....... ................................. — $60.00 — S80.00/hour
Administration/ Clerical. . ........................... .................... ....... $45.00 — $65.00/hour
REIM.I3URSABLE' EXPENSES
Reproduction, Postage, Overnight Delivery, Courier Service,
Long Distance Telephone Calls .. . .............. ............................. .......... -- ..... At Cost
Travel out oftown., .. . - - . -.. . ......... At Cost
'rraet,,A in town ..................................................... Current IRS Standard Mileage Rate
REMARKS
Service and fees not listed. above will be quoted upon request.
Invoices will be submitted once a month for services rendered during the previous month,
Payment will be due within thirty (30) days of invoice date. Interest will be added to delinquent
accounts at the rate of 1.5% for each month of delinquency.
2011
Wolverton & Associates, Inc.
Fee Proposal - Estimate of Hours
Project: Mountain Rd Project Number:
.............
Date; 01/04/11
i HOURS 'I
A Total
W"A
W
Task Admin CAD Englneer/ Designer PPM
Hours Towl Fee
r7ET TLJ lTotal
Code �m— —TL
[Ph-�
Code
PV F_
.__J_._._...... ... I Cl/CZ"t C3 5 E2 E3
132U Prellminary Road I,Jans
Construction Plan 4 4 8
2 Storm Drain Profiles 0 $0
Erosion Plans and Details 1 1 $111
4 Cross -Sections 1 1 $111
--!,Misc. Notes and Details 2 21 $2i2
6 Site Visit 21 2 ' 5222
_Z Drainage Analysis 0 0 $6
8 Project Management 1 1 2 Oss
9 QA/QC 1 1 $144
Document Submittal I
4 11 12 o 8
Exhibit
Work Description
Wolverton & Associates, Inc. will prepare a one -sheet plan sheet showing the necessary grading, rip -rap and other
erosion and sediment control items for the slope rehabilitation on Mountain Road, approximately 0.20 miles east of
Wilkie Road. As directed, the grading will consist of a 1.5:1 slope stabilized by matting, appropriate vegetation and
rip -rap. The scope excludes any permitting, specification, drainage design or shoulder and clear zone
improvements. The plan will be provided to the city in order to solicit bids. All work shall comply with applicable
city and state regulations.
Exhibit B
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Milton ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works Department
13000 Deerfield Parkway, Suite 107G
Milton, GA 30004- AUTHORIZED REPRESENTATIVE
0 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
TORI
CERTIFICATE OF LIABILITY
DATE (MW/DWYYYY)
INSURANCE
5/612011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
f&_6kf _hofder —is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements)
7RODUCERCOPTACfi
(678) 690-6990
NAME; Billie' Towles ....... . .. .............
Crow Friedman Group of Georgia, Inc.
............ .. . . .........
-AX
_q90 N
��jlj§78) -5990 1.[
1255 Lakes Pkwy
'A� Ress, billi�@�qrowfriedman.com
Bldg 100 Suite 120
Lawrenceville, GA 30043
CUSTOW.F13 11,1000MAS-91 ........................................ . ....................... .............. .......... .....................
INSURER(S) AFFORDING COVERAGE NAIC #
INSURED Wolverton & Associates, Inc.
INSURER A:Charter Oak Fire Insurance...Company
.................. om Rny ...........................
6745 Sugarloaf Pkwy.
INSURER B:Phoenix Insurance Company_ .25623
Suite 100
INSURER C:Travelers Property & Casualty Co. of Americ!25674 ................
Duluth, GA 30097
INSURER D:Travelers Indemnity Co of Connecticut
— ------ 26682,
INSURER E:XL Specialty Insurance Company
INSURER F:
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED
BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
tNSR'ADDL SUBRI
TYPE OF INSURANCE i POLICY NUMBER_IM
POLICY EFF POLICY EXP
1__ LIMITS
MIDDfqTLWYYM:__.._
--= AAL
GENERAL LIABILITY1,000,000
EACH OCCURRENCE $
A
X COMMERCIAL GENERAL LIABILITY680-1445L661
511/2011 5/112012 PREWSES (Ea Mr,i:•::,n, $ 11000,000
CLAIMS-MADE X OCCUR
MED EXP (Any one parson) I$ 10,000
................. .....................................................
..........
PERSONAL & ADV INJURY $ 1,000,000
.......... ........
GENERAL AGGREGATE $ 2,000,000
.............
GEIVL AGGREGATE LIMIT APPL IE,9 PER'
PRODUCTS - COMP/OP AGO $ 00,000
err RO,
LOG
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
1B
I
X
ANY AUTO
BA-2008M583
51112011
(Ea accident)
51112012 ......... ................. .. -
BODILY INJURY (Per person) $
1
—
ALL OWNED AUTOS
..............
BODILY INJURY (Per accident) $
SCHEDULED AUTOS
PROPERTY DAMAGE** . ... ..............
X
_
HIRED AUTOS
(Per accident)
. . ...
..
X
NON-OWNED AUTOS
. . . . . . . . . . . . . . . __ ....... .....
X UMBRELLA LIAR X OCCUR
EACH OCCURRENCE .......................... .. 6,000,000
......... ........
5,000,000
EXCESS LIAR CLAIMS-MADE
C- !CUP-6218Y123
AGGREGATE
51112011 6/112012
DEDUCTIBLE
X $ 10,000
I RETENTION
i WORKERS COMPENSATION
x WC 7 TATU.
LIMITS
TQPY,
AND EMPLOYERS' LIABIUTY� 1 Y(N 1
D ANY PROPRIETORIPARTNEWEXECUTIVE rl I UB-5884Y607
iNJA
611/2011 511/2012 E L EACH ACCIDENT $ 1,000,000
............ .. . ...............
OFFICERIMEMBFIR EXCLUDED? i
(Mandatory In NH)
E L DISEASE - EA EMPLOYEEj 1,000,000
$
if describe under
1 DMIRIPTION OF OPERA
1,000,000
E L DISEASE -POLICY LIM—ILL-—s.
Professional Liability
E DPR9690137
Each Claim $2,000,000
�10129'12010 101291201 ri
E Professional1lot Liability DPR9690137
. ....... ._.....
1012912010 10/29/2011 'Aqqregate
DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks
Schedule, if more space Is required)
.Job Name: Mountain Road, W&A Proposal No. 2011-229 - City of Milton is included as additional insured on referenced General Liability Policy
.provided it is a requirement of written contract or agreement.
CERTIFICATE HOLDER
CANCELLATION — - - -----
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Milton ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works Department
13000 Deerfield Parkway, Suite 107G
Milton, GA 30004- AUTHORIZED REPRESENTATIVE
0 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE – Public Works Director
Date: May 25, 2011 for the June 6, 2011 Council meeting
Agenda Item: Approval of an Agreement between the City of Milton and Brumbelow-Reese
& Associates, Inc. for a right-of-way and Topographic Survey for Drainage
Improvements on Hopewell Road
Background:
During routine stormwater inspections it was determined that repairs were needed to the
culvert under Hopewell Road and the adjoining slope. This is a contract is to provide for the
survey of the right-of-way and topography in the vicinity of 15640 Hopewell Road.
Discussion:
The work to be completed under this agreement is part of repair project being proposed for a
36” culvert under Hopewell Road. The survey work proposed in this agreement will identify
the location of the right-of-way and provide the basis for the design documents to complete
these improvements.
In compliance with the city’s purchasing policy bids were solicited from three firms qualified to
perform this service. Brumbelow-Reese & Associates, Inc. submitted the lowest, responsible bid
in the amount of $1,250. Staff is recommending approval of the contract in the amount of $1,250
with Brumbelow-Reese & Associates, Inc.
The budget for this work will come from the capital stormwater fund. This expenditure will not cause us
to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 4/27/2011
Attachments:
1. Agreement
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: May 24, 2011
AGENDA ITEM: Approval of an Agreement between the City of Milton and Brumbelow-
Reese & Associates, Inc. for a Right-of-way and Topographic Survey for
Drainage Improvements on Hopewell Road.
MEETING DATE: Monday June 7, 2011 Regular Called Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE - Public Works Director
Date: May 25, 2011 for the June 6, 2011 Council meeting
Agenda Item: Approval of an Agreement between the City of Milton and Brumbelow-Reese
& Associates, Inc. for a right-of-way and Topographic Survey for Drainage
Improvements on Hopewell Road
Background:
During routine stormwater inspections it was determined that repairs were needed to the
culvert under Hopewell Road and the adjoining slope. This is a contract is to provide for the
survey of the right-of-way and topography in the vicinity of 15640 Hopewell Road.
Discussion:
The work to be completed under this agreement is part of repair project being proposed for a
36" culvert under Hopewell Road. The survey work proposed in this agreement will identify
the location of the right-of-way and provide the basis for the design documents to complete
these improvements.
In compliance with the city's purchasing policy bids were solicited from three firms qualified to
perform this service. Brumbelow-Reese & Associates, Inc. submitted the lowest, responsible bid
in the amount of $1,250. Staff is recommending approval of the contract in the amount of $1,250
with Brumbelow-Reese & Associates, Inc.
The budget for this work will come from the capital stormwater fund. This expenditure will not cause us
to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 4/27/2011
Attachments:
1. Agreement
rCity of Milton
�Iv�
SERVICES AGREEMENT — SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Topographic Survev for Culvert Under Hopewell Road
This Services Agreement (the "Agreement") is made and entered into this day
of 2011, by and
between the CITY OF MILTON, GEORGIA (hereinafter referred to as the "City"). and Brumbelow-Reese &
Associates, Inc. (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal. state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the, City and Contractor, in consideration of the mutual promises contained liercin and othe,
good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows:
Section I. Contract Documents: niis Agreement and the following named h1hibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EX.HlBfl'A WORK DESCRIPTION
EXHIBIT11 1NSTJRA1NCECERTIFICVI'E
To the extent that there nay be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work: Conti -actor shall provide all Work described in the Contract Documents. Unless
otherwise stated in the Conti -act Documents. the Work, shall include Contractor's pro,6sion of materials, labor,
expenses, and any other cost or item necessary to complete the. Work, which is generally described as a topographic
survey along Hopewell in the vicinity of 15640 Hopewell Road in Milton, Georgia and as described in Exhibit. A.
Section 3. Contract 'time: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It
shall commence Work pursuant to this Agreement on or before a date t.o be specified on a written "Notice to
Proceed" froth the City, and shall fully complete the Work within 21 calendar ' days of the "Notice to Proceed".
Section 4. Work ChaqXes: Any changes to the Work requiring
, an increase in the Contract. Price. as defined
below, sh.all require a written change order executed by the City in accordance with its purchasing regulations.
Section S. Compensation and Method of Payment: City agrees to pay Contractor for the. �,,ervires performed
I C,
and costs incurred by Contractor upon the City's certification that the services were actually performed and costs
actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice,
submitted upon completion of the Work. setting forth in detail the services performed and costs incurred. Invoices
shall reflect charges incurred versus charges budgeted. The total amount paid under this Agi-eement En the Wolk
shall not, in any case, exceed $1,250 (the "Contract Price"). except as outlined in Section 4 above. Contractor shall
take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it camiot
perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor's industry, Contractor will give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. A,�,4nment of rNgre(�jpcnt: Contractor covenants and agrees not to assign or transfer any interest in, nor
delegate any duties of this Agreement, without the prior express written consent of the City
B. Responsibility of Contractor and lndeattnificatigg of City: Contractor covenants and agrees to take and assume
all responsibility for the wi-vices rendered in connection with the Work. Contractor shall bear all losses and
dantages directly or indirectly resulting to it on account of the performance or character of the services rendered
pursuant. to this Agreement. Contractor shall defend, indemnify and holdharmless the City, its officers, hoards.
commissions, elected and appointed officials, employees and agents from and against any and all claims, suits,
actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may
be the result of willful, negligent or tortious conduct arising out of ihL Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder.
C. Indenendent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and Contractor are contractors independent of one another, neither has the authority to hind the other to any
third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in
writing by both parties. Contractor agrees not to represent itself as City's agent for any purpose to any party of, to
allow any employee to do so, unless specifically authorized, in advance and in writing:, and then only for the liuiitt <d
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. tt surance: Contractor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit B.
E. Licenses, Certification,,, and Permits: Contractor covenants and declares that it has obtained and. will maintain
all diplomas, certificates licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and .meet the standard of duality ordinarily expected of its industry.
F. Ownership Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor ('`materials") shall be the property of the City and the City shall be entitled to
mull access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor's Representative: Scott. Reese shall be authorized to act on Contractor's behalf with respect. to the
Work las Contractor's designated representative.
14_ Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential inforanation and will require any of its subcontractors,
consultants, and/or staff to likewise protect such confidential information.
1. Me tines: Contractor shall meet with City's personnel or designated representatives to resolve technical.
or contractual problems that may occur during the; term of (lie contract, at no additional cost to City.
Section 7. NVarranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at, no additional dost to the City.
Section 8. Termination: The City may terminate this Agrecnicnt for convenience at any time upon written
notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, the
City shall pay Contractor for Fork performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be. governed by the laws of.'the State of Georgia
B. Qountcr4 -jaj - Thi,-, Agreement n -my be executed in any number of counterparts, each of which shall be (1cemed
q�,
to be an original, but. all of which together shall constitute one and the same instrument.
C. Sovereign Immunity. Nothincr contained in this Agreement shall be construed to be a waiver of the City's
sovereign im.murnty or any individual's qualified good faith or official immunities.
-
IN WITNESS WHEREOF. the parties have caused this Agreement to be executed tinder seal as of the date first
above written.
Brumbelow-Rosel Assoc) fes sic.
7
Signatuac
Printed Nal'ue"'
. ........... ......... ................ . .... . . ............. . ...... . . ...... .
Till
[AFFIX CORPORATE St-:,PA I jI
%,L,
CITY OF MILTON, GEORGU
Joe Lockwood. Mayor
Exhibit A
Scope of Services for Right-of-way and Topographic Survey
for
Drainage Improvements on Hopewell Road
The City of Milton is looking for firms interested in providing surveying services for the design of
drainage improvements for a culvert under Hopewell Road in the vicinity of 15460 Hopewell Road. If
your firm is interested, please provide a written bid to Carter Lucas via email
by Friday, April 1, 2011 at 2 PM.
The project involves providing a tield run survey to facilitate the evaluation and repair of an existing 42"
CHIP pipe under Hopewell Road and associated repairs to the upstream shoulder of the road. All
inforniation will be collected by a field run survey and shall be sufficient to describe approximately 400
feet of right-of-way along Hopewell Road. The survey area is generally described as the full width of the
right-of-way for a distance of 100 feet to the north of the culvert crossing to 300 feet south of the culvert
1, y
crossing and to extend approx 100 feet up the driveway of 1.5460 Hopewell Road at a width of 50 feet,
The survey shall include, at a minimum, the following information:
a. Right-of-way location,
b. All irnproverne tits within the project limits, including, but not limited to ed- of pavement,
Z� P
utilities, sidewalk, drainage structures, curb and gutter, etc.
tn
c. All drainage structures within the project limits. At a minimum identify the pipe size, pipe
material. upstream and downstream inverts, end treatments (end of pipe, headwall. etc...). For the
42" CMP Under Hopewell Road there is a drop in the invert of the pipe at the upstream end. To the
greatest extent possible we would like to document that location and extent of that drop. We have
been told that at one point some type Uf outlet control structure was added to this pipe to create a
lake on the upstream side of the road. We believe that this section of pipe was modified in some
manner to accon-unodate that structure.
d. Adjacent: property owners and property boundary locations,
e. The character and location. of all walls, fences, buildings, poles. and other visible improvements
within the project or within twenty-five feet of the project,
f. Driveways, alleys or other means of access on or crossing the project or within twenty-five 'feet of
the prqject,
g. Substantial, visible improvements (in addition to buildings) such as billboards, signs, parking
structures, swimming pools, etc...,
h. Topographic survey with a minimum of 2 foot topographic contour intervals. Contours shall
extend a minimum of twenty-five feet beyond the project limits,
i. Provide spot elevations at all critical points such as drainage breaks, high points, low points. edge
of pavement etc.
4
j, Location. and type of all overhead and underground utilities within the project limits which may
include, but not be Limited to, all manholes, catch basins. valve vaults or other surface indications
of subterranean uses,
k. Ponds, lakes, springs, defined drainage channels or rivers bordering, running through or within
twenty-five feet of the preinises being surveyed shall be shown.
1. The location of any specimen tree within 100 feet of the project limits. Specimen trees will include
any beech or magnolia or walnut tree 24", dbh or greater, any other hardwood or pine '—)7"dbh or
F
greater and any dogwood, redbud or sourwood 81, dbh or at -eater. Call out tree type., size and show
location.
Provide digital files ol'survey (DGN or DWG format tied to state plane coordinates and including,
L
Benchmark data and daturn. information) and 3 hard copies of survey signed and sealed by a professional
C4
land surveyor licensed and qualified to do business in the State of Georgia.
No right of way plats, staking of centerline or right of way easement staking are, included in this proposal.
It is anticipated that a Notice to Proceed will be issued on, or about, April 15, 2011,
Location Map:
Exhibit B
Insurance Certificate
ACC>RLY
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIODNYYY)
4/28/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
C;EH I IFICA I E LIVES NO r At+ IRMA I IVELY ON NEVA I IVELY AM bNO, EX TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE .A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in iieu of such endorsement(s).
PRODUCER (770)939-3231 Ext.
Manry & Heston, [no-
Randy Doty
PO Box 49607
CONTACT
NAME:
PHONE I FAX
(A/C. No. Ext:. . .
. . . . . . ..... . ........
E -MAI L
ADDRESS:
Atlanta, GA 30359
INSURIER(S) AFFORDING COVERAGE NAIC
INSURER A: CENTRAL MUTUAL INSURANCE COMPANY
INSURED BRUMBELOW-REESE & ASSOCIATES, INC.
INSURER 8:
INSURER C:
13685 HIGHWAY 9
INSURER 0 -
ALPHARETTA, OA 30004
INSURER E:
rINSURER r:
COVERAGES CERTIFICATE NUMBER. REVISION NUMBER*
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFn NAMED AROVF FOR THF P Y F'iz§
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT
WITH RESPECT TO WHICH
THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN
IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTIR TYPE OF INSURANCE..__"..1.1 . ....... I .......... I.., ............... . . . . . . . . . . . ... . E . IFF POLICY FXP
MR ADOL RUEIA .... .....POLICY
NSURANCE INSR WVDJ POLICY NUM81ERUMI2/YYYY) (MWDD/YYYY)
LIMITS
GENERAL. LIABILITY
EACH OCCURRENCE
D 000
.
X COIVME-,'FtCIALC���.N.I.,.IIALL,iAi3,LlTY
r__
CLAIMS-IVIA-Dc_, I A I Oro.'p,
-mr-'MisEs
MED EXP (Arty one peen;
5,000
ACLP7888590
05/24/10
05/24/11
1,000,000
GENERALAGGREGAIA.
S 2,000,000
GI.,NI AGC->' _Q11 APPLIES PFR'
PROUUMS - COP.I.P.,'Ofl AGG
S 2,000,000
!POLICY LOC F_1LOC
AUTOM084.1-15
LIABILITY
COMBINED SINGLE LIM1i7
ff,
ANY AUTO
BODILY NjUd,Y (Per pomon)
ALL OWNED SCHEDULED
I
BODILY INJJRY�r.ocid.ni)
S
AU709 AUTOG
PROPERTY DAMAGE
NON -OWNED
U4113R ELLA UAB !OCCUR
EACH OCCLIO?�NCE
S
AGGREGATE
S
EXCESS LIAB
�IEI
$
I
RETENTION$
WORKERS COMPENSATION
X
AND EMPLOYERS' LIABILITY YIN
1. EACH ACCIDENT
S 100,000
?
ANY FROPRiFTORPARTNFRj"ECUT've
E
NIA
ill
E.L. DISEASE - PEA EMPLOYEz
S 100,000
A
0FFi,;ERAAEMBER EXCLUOEU?
(Mandatory in NH)
WC7888591
05/24/10
05/2 4
if
RIF
D t ON OF OPERA11ONS below
'Y UM[IT
K.L. DISEASE - POLIC
$ 500 000
is r-joi-d)
CITY OF MILTON
ATTN: CARTER LUCAS
13000 DEERFIELD PKWY, STE 107F
MILTON GA 30004
TION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
CARTER.LUCAS@CITYOFMILTONGA.US
®1988-2010 ACORD CORPOR)l
ACORD 25 (2010105) The ACORO name and logo are registered marks of ACORD
reserved.
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
,N'
TO: City Council
FROM: City Manager
CITY COUNCIL AGENDA ITEM
DATE: May 24, 2011
AGENDA ITEM: Approval of an Agreement between the City of Milton and Frontline
Surveying & Mapping, Inc. for Boundary and Topographic Survey for 2.50
Acre Parcel at 15690 Hopewell Road.
MEETING DATE: Monday June 7, 2011 Regular Called Meeting.
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES () NO
CITY ATTORNEY REVIEW REQUIRED: () YES
APPROVAL BY CITY ATTORNEY () APPROVED
PLACED ON AGENDA FOR:
REMARKS:
() NO
() NOT APPROVED
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carter Lucas, PE - Public Works Director
Date: May 25, 2011 for the June 6, 2011 Council Agenda
Agenda Item: Approval of an Agreement between the City of Milton, Georgia and Frontline
Surveying and Mapping, Inc for a Boundary and Topographic Survey for a 2.5
Acre Parcel at 15690 Hopewell Road
Background:
The city has contracted to purchase a 2.50 acre parcel located at 15690 Hopewell Road. As part
of that purchase process the city is proposing to have a boundary and topographic survey
performed.
Discussion:
As part of the purchase process for the 2.50 parcel a boundary and topographic survey is being
performed.
In compliance with the city's purchasing policy bids were solicited from three firms qualified to
provide this service. Frontline Surveying and Mapping, Inc. submitted the lowest, responsible
bid in the amount of $1,650. Staff is recommending approval of an agreement with Frontline
Surveying and Mapping, Inc. in the amount of $1,650 to perform this work.
The budget for this work will come from the property acquisition fund being used to purchase
this property. This expenditure will not cause us to overspend this account.
Legal Review:
Paul Higbee, Jarrard & Davis on 4/ 27/ 2011
Attachments:
1. Agreement
City of Milton
SFRVICES AGREXIMENT- SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Boundary and Topographic Survey for 1.5-3690 11opewell Road
This Services Agreement (the "Agreement") is made and entered into this day of
g — 2011, by and
between the CITY OFMIL,1170N, GEORGIA (hereinafter referred to as the "City"), and R-011fliTIC Surveying &
Mapping, Inc. (hereinafter referred to as the "Contractor").
WITNESSETH THAT:
WHEREAS, the City desires to eillploy a contractor to perforill (lie service,, described herein (the "Work"); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other
good and valuable consideration, the Sufficiency Of Which is hereby acknowledged, agree as Follows:
Section 1. Cow,ract Documents: This Acyreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the "Contract Documents":
EXIJIBITA WORK DESCRIPTION
FXHIBITB INSURANCF', CERTIFICNrE
To the extent that there may be any conflict among the Contract Documents. the provision operating most to the
benefit of the City shall govern.
Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless
otherwise stated in the Contract Documcnts, the Work shall include Contractor's provision of materials. labor,
expenses. and any other cost or item necessary to complete the Work, which is generally described as a boundary
and topographic survey for 2.50 acre tract located at 15690 Hopewell Road in Milton, Georgia.
Section 3. Contract'I'ime: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It:
shall commence Work pursuant to this Agreement oil or before a (late to be specified on a written '*Notice to
Proceed- from the City, and shall fully cornplete the Work within 21 calendar -days of the "Notice to Proceed".
Section 4. Work Changes: Any changes to the Work- requiring an increase in the Contract Price, as defined
below, shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment, City agrees to pay Contractor For the services performed
and costs incurred by Contractor upon the City's certification that the services were actually perl'ormed and costs
actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Contractor upon the City's receipt and approval of an invoice,
submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices
shall reflect charges incurred VCMUS charges, budgeted. The total amount paid under this Agreement for the Work
shall not, in any case, exceed $1,650 (tile "Contract PYICC"), except as outlined in Section 4 above. Contractor shall
take no calculated risk in the performance of the Work. Specifically. Contractor agrees that. In the event it Cannot
perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor's industry, Contractor will give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. Assi-orrient of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor
gornern 01 �Syv
delegate any duties of this Agreement, without the prior express written consent of the City
B. LZes f 11
j3oi1sibiEty of Contractor and Indernni ic tion of Cid: Contractor covenants and agrees to take and assume
1- - -!y.
all responsibility for tile services rendered in connection with the W(. -)j -k. Contractor shall bear all losses and
damages directly or indirectly resulting to it oil account of the performance or character of the services rendered
pursuant to this Agreement. Contractor shall defend. indernnify all(] hold harmless the City, its officers. boards,
commissions, elected and appointed officials, employees and agents from and against any and all claims, suits,
actions, liability, judginents, dama-es, losses. and expenses, including but not, limited to, attorney's fees, which inay
be the result ot'willful, negligent or tortious conduct arising out of the Work. perforITKIRCC 01 cOntractedservices. or
operations by Contractor. any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liableregardless of whether or not the negligent act is
caused in part by a party indemnified hereunder.
C. Indep—endent Contractor: Contractor hereby covenants and declares that it is engaged in in independent
business and agree,; to perform the Work as an independent contractor, not as agent or eiq)loyce of City. Inasmuch
as City and Contractor are contractors independent o.f one another, neither has the authority to bind the other to any
third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to ill
writing 1,,)y both parties. Contractor agrees not to represent itself as City's agent for any I)Ltrpo,,,-e to ally party or to
allow any employee to do SO, unless SPMIIC111\1 lUthorized, in advance and in xvi-iting, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or of
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. Insurance: Contractor shall have and maintain in full force and effect for the dtira(ioll of this Agreement,
insurance approved by the City as shown on Exhibit B.
1:;,
I Licenses Certifications and Permits: Contractor covenants and declares that it has obtained and will maintitin
'ill diplomas, certificates, licenses, permits or the like required by any national_ state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perforin the Work. Contractor shall
comply with applicable legal requirements and nicet the Standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process ol"being
prepared for the Work by Contractor ("materials") shall be tile property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to, the
City and Contractor agrees, to exectite any additional document,,, necessary to evidence such assignment.
G. Contractor's Representative: Thomas Peay, RLS shall be authorized to act on Contractor's behalf with respect
to the Work as Contractor's designated representative.
1-1. Confidentiality- Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential information and will require any of its subcontractors,
consultants, anchor staff to likewise protect such confidential information.
1, Meetings: Contractor shall rnect with City's personnel or designated representative,, to resolve technical
or contractual problems that may ciectur during the term of the contract, at no additional cost to City.
Section 7. Warranty: Contractor shall repair all defects in materials, equipriwrit, or workmanship appearing
within one year from the date of completion of the Work at no additional Cost to the City.
Section 8. Termination: The City may terminate this Agreement for convenience at any tinge upon wri(LCII
notice to Contractor. Provided that no damages are due to the City for Contractor's breach of this Agreement, tile
City shall pay Contractor for Work fiLrCornied to date in accorclance with Section 5 herein,
Section 9. Miscellaneous
A, GoverninL3, Law. ,chis Agreement shall be governed by the laws, of the State of Georgia
ZI
B. Countetirrits. This Agreement may be execrated in any number of counterparts. each of which shall be deemed
to be at: original, but all of %,h,ieh together shall con: titute one and the same insmiment.
C. 5overeien hstmunity. Nothing contained in this Agrcervent shall be construed to be a waiver of the City's
sovereign immunity or any individual's qualified good faith or official immunities.
IN WITNESS WIII�'.ItEO , the parties have caused this Agreement to be executed warder seal ars of the date first
above written.
Frontliaie Surueybag & Mapping, Inc.
Signature:
!.A! -,')IX C'()RPG'RAI't SEAL]
CITY OF MILTON, GEORGIA
Joe l..,ockwood, Mayor
Printed Name:
Exhibit A
Scope of Services for Boundary and'topographic Survey
for
2.50 acre Parcel at 15690 Hopewell Road
'Flic City of Milton is looking fur survey firms interested in subili I ti I rig a bid 1`6
C� � r a boundary and
topographic survey to be used for property acquisition and site plan development. If your firm is
interested. please provide a written bid to Carter Lucas via eniai.1 (carter.lucas( eityofilli ltonaa,US) by
I 'riday., April 22, 2011 at 5 PM.
'I'lle boundary and field survey is to be provide(] for a 2.50 ac tract located at 15690 Hopewell Road.
All boundary work shall be consistent with the Georgia Plat Act and industry standards for this type of
work.
All information will be collected by a field run survey and shall include at a inininiurn the following
information:
Property boundary with all data necessary to indicate the mathematical dimensions and
relationships of the boundary represented, with angles given directly or by bearings, and
with the length and radius of each Curve.. together with elements necessary to
mathematically define each curve. 'The point of beginning of the surveyor's description
L
shall be shown as well as the rernote point of beginning it' different. A hearing base shall
refer to some well -fixed title, so that the hearings may be easily re-establi shed.
b. Monumenv, placed (or a reference monument or witness to the corner) at all major corners
of the boundary of the property, unless already marked. or referenced by an existing
im'.)nunient or witness to the corner.
c. Gross lurid area.
d. Adjacent Property Owners.
e. Identify all utilities and easements. All easements evidenced by Record Documents which
have been delivered to the surveyor shall be shown, both those burdening and those
benefiting the property surveyed. indicating recording information. If such an casement
cannot be located. a note to this effect shall be included. Observable evidence of
easements and/or servitudes of all kinds, such as those created by roads; rights-of-way;
wator courses; drain s; telephone;, telegraph, or electric lines: water, sewer, (A or gas
pipelines on or across the surveyed property and on adjoining properties if they appear to
affect the surveyed property, shall be located and noted. [I'llic surveyor has knowledge of
any such easements and/or servitudes, not observable at the time the present survey is
111ade—snch lack of observable evidence shall be noted. Surface indications, if ally, of
underground easements and/or servitudes shall also be shown.
f. nic character and location of all walls, buildings, fences, poles and other visible
improvements on the property Of Within twenty-five feet of the boundary lines shall be
noted,
4
S. Substantial, vi,,.-,ibI-e improvements (in addition to buildings) such as billboards, signs,
parking structures. swiniming pools, etc...
h. Driveways, alleys and other ways of access on or crossing the property must be shown.
C'
Where there is evidence of use by other than the occupants of the property, the surveyor
must so indicate on the plat or snap. Where driveways or alleys oil adjoining properties
encroach, in whole or in part, on the property being surveyed.. the surveyor must So indicate
on the plat or map with appropriate measurements.
i. Topographic survey �vitli a niinimuin of 2 foot topographic contour intervals. C0111OUrs
shall extend a nlininlUrn distance of twenty-five Fect beyond all property lines.
j. Provide spot clevations, at all critical points such. as drainage breaks. high points, low
points, etc...
k. Size and type of water
1. As accurately as the evidence permits., the location of cenieteries and burial grOUnd's
observed in the process of performing the field work for the survey, shall be Shown.
in. Ponds, takes, springs. defined drainage chanticls or rivers bordering, running through or
within twenty-five feet of the premises being surveyed shall be shown.
n. Observable evidence of site use as a solid waste. dump, sump or sanitary landfill.
o. Location of 100 year flood plain or a determination that none exists on the property.
p. Manholes, catch basins, valve vaults or other surface indications of subterranean uses.
Include Tree Survey to include the location of tree line., any beech, magnolia or walnut tree
24" or greater dbh, any other hardwood or pine tree 27" or greater dbh, and any dogwood,
redbud or sourwood tree 8" or greater dbh (call out tree type., size, and show location on
plat).
r, Any other field information which may be determined to affect. the development potential
of the property.
Provide (Iikyital files of survey (DWG format tied to state plane coordinates and including Benchmark data
and datLI111 information) and 3 hard copies of survey signed and sealed by a professional land surveyor
licensed and qualified to do business in the State of Georgia.
Provide a written legal description of the tract(s).
No right of way plats, staking of centerline or right of way easement staking are included in this proposal.
k" -
It is anticipated that a Notice to Proceed will be issued on. April 29, 2011 with a proJect completion on
May 20, 2011.
rTIt 1 0
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CERTIFICATE OF
LIABILITY INSURANCE oply PF,
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ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
14orloy, Schilling & Randall
HOLDER. THIS CERTIFICATF DOES NOT AMEND, EXTEND OR
146 N. Fairground St.
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Marietta GA 30060
$1000000
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rHEPOtIC;CS Or INSURANCELISTED RELOWHAVE BEEN ISSUFO TO I)if-.INSURED NAkif.f)ABOVE FDIITIiF, POLICY PCNIOOINDICATLD.NVI:1ViltiSTAND3NG
ANY RLQUIRE?AFNT,TEfl?A OR CONDITION OF ANY CONTRACT UHURHER OUQUY-9-N I WI Ili Iff.4511LUf TO I HIS CliRTIFICATE MAY Be ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HILHON IS SUIIJrCT TO ALL THE TERNIS, EXCLUSIONS AND CONDITIONS or Sucii
POLMICS. AGGKOATL LWITS SHOWN MAY HAVE BEEN REDUCED BY PAIDOLAINIS
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A COMMERCIAL CIENCRAL LIABILITY CPP2292217-07
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CLAIMS IIIAOE OCCUR
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flrUTILPrAYC Unt nCD CAMCF1 I ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
MYLLT002 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR to MAIL 10 DAYS WRITTEN
NOTICE To TRE CERTIFICATE HOLDER NAMEOTO THE LEFT, BUT FAILURE TO 00 60 SHALL
City of Milton IMPOSE NO OBLIGATION tWt LiAUILITYOFAFIYKFtIDUP4DI4TIir,)N$VilEP,JTSAGCt4TS OR
Attn: Carter Lucas REPRESENTATIVES.
13000 Deerfield Pkwy, Ste 107E
Milton GA 30004 AUT"QRQEO REPRE SENTAT)VF
4L,
031988.2009 AC RD CORPORATION, All r1glits reserved.
Th , ACORD inama arld logo are registered marl<s of ACORD
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: May 24, 2011
Meeting Date: June 6, 2011
Agenda Item: Approval of a Professional Services Agreement between City of Milton and
Georgia Land Surveying Holding Corp., Inc. for a Boundary and Topographic
Survey for Crabapple Park for an Amount Not to Exceed $1,250.00
Background:
The IGA for the development of a 2-acre park between Crabapple Crossing Elementary School
and Northwestern Middle School has been executed by Fulton County Board of Education. We
can now proceed with engineering and construction documents for this project. A boundary and
topographic survey was not provided by FCBOE, so one will need to be completed prior to
beginning the engineering phase of the park project.
Discussion:
Three quotes were obtained for this work. The quotes ranged from $1,250.00 to $2,500.00.
Georgia Land Surveying Holding Corp, Inc. provided the lowest quote. They had previously
performed survey work on the 2-acre site.
Attachments:
A Professional Services Agreement between City of Milton and Georgia Land Surveying
Holding Corp., Inc. for a Boundary and Topographic Survey for Crabapple Park for an Amount
Not to Exceed $1,250.00
1
SERVICES AGREEMENT – SHORT FORM
AGREEMENTS $10,000.00 OR LESS
Boundary and Topographic Survey for Crabapple Elementary Park
This Services Agreement (the “Agreement”) is made and entered into this ____ day of _______________, 2011, by
and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Georgia Land
Surveying Holding Corp., Inc. (hereinafter referred to as the “Contractor”).
WITNESSETH THAT:
WHEREAS, the City desires to employ a contractor to perform the services described herein (the “Work”); and
WHEREAS, Contractor has familiarized itself with the Contract Documents, as defined below, the Work, and with
all local conditions and applicable federal, state and local laws, ordinances, rules and regulations.
NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other
good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows:
Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and
incorporated herein by reference, constitute the “Contract Documents”:
EXHIBIT A WORK DESCRIPTION;
EXHIBIT B INSURANCE
To the extent that there may be any conflict among the Contract Documents, the provision operating most to the
benefit of the City shall govern.
Section 2. The Work: Contractor shall provide all Work described in the Contract Documents. Unless
otherwise stated in the Contract Documents, the Work shall include Contractor’s provision of materials, labor,
expenses, and any other cost or item necessary to complete the Work, which is generally described as a boundary
and topographic survey for 2.5 acre tract located at 12875 Birmingham Highway in Milton, Georgia.
Section 3. Contract Time: Contractor understands that time is of the essence of this Agreement and warrants
that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It
shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to
Proceed” from the City, and shall fully complete the Work within 10 calendar days of the “Notice to Proceed”.
Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined
below, shall require a written change order executed by the City in accordance with its purchasing regulations.
Section 5. Compensation and Method of Payment: City agrees to pay Contractor for the services performed
and costs incurred by Contractor upon the City’s certification that the services were actually performed and costs
actually incurred in accordance with this Agreement. Compensation for services performed and, if applicable,
reimbursement for costs incurred shall be paid to Contractor upon the City’s receipt and approval of an invoice,
submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices
shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work
shall not, in any case, exceed $1,250 (the “Contract Price”), except as outlined in Section 4 above. Contractor shall
take no calculated risk in the performance of the Work. Specifically, Contractor agrees that in the event it cannot
perform the Work within the budgetary limitations established without disregarding sound principles of
Contractor’s industry, Contractor will give written notice thereof immediately to the City.
Section 6. Covenants of Contractor
A. Assignment of Agreement: Contractor covenants and agrees not to assign or transfer any interest in, nor
2
delegate any duties of this Agreement, without the prior express written consent of the City.
B. Responsibility of Contractor and Indemnification of City: Contractor covenants and agrees to take and assume
all responsibility for the services rendered in connection with the Work. Contractor shall bear all losses and
damages directly or indirectly resulting to it on account of the performance or character of the services rendered
pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards,
commissions, elected and appointed officials, employees and agents from and against any and all claims, suits,
actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may
be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or
operations by Contractor, any subcontractor, anyone directly or indirectly employed by Contractor or subcontractor
or anyone for whose acts Contractor or subcontractor may be liable, regardless of whether or not the negligent act is
caused in part by a party indemnified hereunder.
C. Independent Contractor: Contractor hereby covenants and declares that it is engaged in an independent
business and agrees to perform the Work as an independent contractor, not as agent or employee of City. Inasmuch
as City and Contractor are contractors independent of one another, neither has the authority to bind the other to any
third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in
writing by both parties. Contractor agrees not to represent itself as City’s agent for any purpose to any party or to
allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited
purpose stated in such authorization. Contractor shall assume full liability for any contracts or agreements
Contractor enters into on behalf of City without the express knowledge and prior written consent of City.
D. Insurance: Contractor shall have and maintain in full force and effect for the duration of this Agreement,
insurance approved by the City as shown on Exhibit B.
E. Licenses, Certifications and Permits: Contractor covenants and declares that it has obtained and will maintain
all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local
boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Contractor shall
comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry.
F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being
prepared for the Work by Contractor (“materials”) shall be the property of the City and the City shall be entitled to
full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the
City and Contractor agrees to execute any additional documents necessary to evidence such assignment.
G. Contractor’s Representative: ___________________________ shall be authorized to act on Contractor’s behalf
with respect to the Work as Contractor’s designated representative.
H. Confidentiality: Contractor acknowledges that it may receive confidential information of the City and that it
will protect the confidentiality of any such confidential information and will require any of its subcontractors,
consultants, and/or staff to likewise protect such confidential information.
I. Meetings: Contractor shall meet with City’s personnel or designated representatives to resolve technical
or contractual problems that may occur during the term of the contract, at no additional cost to City.
Section 7. Warranty: Contractor shall repair all defects in materials, equipment, or workmanship appearing
within one year from the date of completion of the Work at no additional cost to the City.
Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written
notice to Contractor. Provided that no damages are due to the City for Contractor’s breach of this Agreement, the
City shall pay Contractor for Work performed to date in accordance with Section 5 herein.
Section 9. Miscellaneous
A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia.
3
B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute one and the same instrument.
C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s
sovereign immunity or any individual’s qualified good faith or official immunities.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first
above written.
[GEORGIA LAND SURVEYING HOLDING CORP., INC.]
Signature: _______________________________ Printed Name: _______________________________
Title: ___________________________
[AFFIX CORPORATE SEAL]
CITY OF MILTON, GEORGIA
_______________________________
Joe Lockwood, Mayor
4
EXHIBIT A
SCOPE OF WORK
5
6
EXHIBIT B
INSURANCE CERTIFICATE
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: May 23, 2011
Meeting Date: June 6, 2011
Agenda Item: Approval of a Revised Parks and Recreation Event License Agreement
Between the City of Milton and i9 Sports Forsyth/North Fulton to Offer a
Coed Youth Soccer Program for Ages 4-12
Background:
The Parks and Recreation Department is eager to continue offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through a license agreement with the City of Milton based on a submitted program proposal
rather than offering these programs through a paid independent contractor or a paid employee
of the City.
Discussion:
Nationally based in the Tampa Bay (FL) area, i9 Sports is the first and fastest growing franchise
of youth sports leagues, camps, and programs in the United States. With over 100,000
participants since 2003 and 100 franchise locations in 25 states, i9 Sports offers the most popular
team sports for kids with a focus on fun, inclusivity, safety, convenience and good
sportsmanship. The local franchise area covers Forsyth County and North Fulton.
The first season went well even though we had little time for registration. Registration for the
fall season will begin in June. We feel confident that the program will continue to grow. The
same commission rate of 25% of all registration fees will be paid to the City of Milton. They will
continue to give Milton residents a $10 discount off registration fees.
Attachments:
A Revised Parks and Recreation Event License Agreement Between the City of Milton and i9
Sports Forsyth/North Fulton to Offer a Coed Youth Soccer Program for Ages 4-12
1
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this _____ day of
__________________, 2011 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kloock
Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton (hereinafter “Licensee”):
1. Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Cogburn Woods Elementary School, 13080 Cogburn Road, Milton, Georgia 30004 (the “Premises”), for Milton
i9 Sports Coed Youth Soccer (the “Event(s)”) on Saturdays from 9 a.m. to 5 p.m. beginning September 17,
2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up
and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the
Premises immediately upon termination of the Event(s). The City may terminate this License immediately for
convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in
accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by
reference. As further consideration for this License, Licensee shall pay to the City 25% of all registration fees.
Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises
facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and
reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be
responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations (including all Rules and Regulations of the
Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this
License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and
agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of
Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply
with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee
to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the
Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their
officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from:
i. Any and all loss and/or damage to the Premises or any property located thereon caused by the
Licensee and/or by any guest of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
iii. Any other occurrence that results from the Event(s).
2. Miscellaneous Provisions:
2
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Licensee shall pay reasonable attorney's fees to the City should the City be required to incur attorney's
fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Licensee.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
_______________________________
Joe Lockwood, Mayor
For the Licensee:
___________________________________
Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
3
Exhibit “A”
Licensee: Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
Term: Beginning September 17, 2011, Ending November 19, 2011 (Seasonal Renewal Option);
Registration may begin upon execution of this agreement
Program/Activity/Event: Coed Youth Soccer (Ages 4-14)
Location: Cogburn Woods Elementary School Field (Per City IGA with Fulton County Schools)
Time(s): 9 a.m. to 5 p.m.
Day(s): Saturdays
Registration Process: www.i9sports.com
Fees Charged By Licensee: $135 per season for Milton residents; $145 for non-Milton residents
Rate Paid to City of Milton: 25% of all registration fees
Payments Made: Two weeks after the end of registration
Reporting Documentation Required: Participant rosters including address, age, along with fee paid
Limitations: Space and time available for use
Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered
Agent Verification, References, Experience, Certifications, Background Checks and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: May 23, 2011
Meeting Date: June 6, 2011
Agenda Item: Approval of a Revised Parks and Recreation Event License Agreement
Between the City of Milton and i9 Sports Forsyth/North Fulton to Offer a
Coed Youth Flag Football Program for Ages 4-12
Background:
The Parks and Recreation Department is eager to continue offering programs and additional
services to the citizens of Milton. Many of these programs may be offered by outside providers
through a license agreement with the City of Milton based on a submitted program proposal
rather than offering these programs through a paid independent contractor or a paid employee
of the City.
Discussion:
Nationally based in the Tampa Bay (FL) area, i9 Sports is the first and fastest growing franchise
of youth sports leagues, camps, and programs in the United States. With over 100,000
participants since 2003 and 100 franchise locations in 25 states, i9 Sports offers the most popular
team sports for kids with a focus on fun, inclusivity, safety, convenience and good
sportsmanship. The local franchise area covers Forsyth County and North Fulton.
Due to limited time for registration, we did not have enough participants this spring to hold a
league. We feel confident that by beginning registration earlier, we will have a good response to
the program. The commission rate of 25% of all registration fees will be paid to the City of
Milton. They will continue to give Milton residents a $10 discount off registration fees.
Attachments:
A Revised Parks and Recreation Event License Agreement Between the City of Milton and i9
Sports Forsyth/North Fulton to Offer a Coed Youth Flag Football Program for Ages 4-12
1
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
In consideration of the mutual promises made herein, this License is entered into on this _____ day of
__________________, 2011 by and between, the City of Milton, Georgia (hereinafter the “City”) and Kloock
Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton (hereinafter “Licensee”):
1. Licensed Use:
The City, in exchange for good and valuable consideration described herein, hereby authorizes Licensee to use
Birmingham Falls Elementary School, 14865 Birmingham Hwy, Milton, Georgia 30004 (the “Premises”), for
Milton i9 Sports Coed Flag Football (the “Event(s)”) on Sundays from 12 p.m. to 5 p.m. beginning September
17, 2011.
This License shall be limited to the Premises and Event(s) described above, provided that Licensee shall have
reasonable access to the Premises for the purpose of conducting the Event(s). The Licensee shall conduct all set-up
and cleanup activities related to the Event(s) during the term of the Event(s) specified herein and shall vacate the
Premises immediately upon termination of the Event(s). The City may terminate this License immediately for
convenience at any time by providing a written notice of termination to Licensee.
a. Licensee, as partial consideration for this License, shall be responsible for hosting the Event(s) in
accordance with the terms and conditions described in Exhibit “A,” attached hereto and incorporated herein by
reference. As further consideration for this License, Licensee shall pay to the City 25% of all registration fees.
Licensee shall be responsible for the safe operation of any equipment utilized by Licensee. If keys for any Premises
facility have been provided to Licensee, Licensee shall be responsible for unlocking and inspecting facilities and
reporting any safety concerns to the City in a timely fashion. Upon completion of the services, Licensee shall be
responsible, if applicable, for locking the Premises facility and securing any Premises equipment used by Licensee.
b. Licensee shall immediately comply with all directives of the City in regard to health, safety and security
matters at the Premises and with all pertinent rules and regulations (including all Rules and Regulations of the
Fulton County Board of Education) relating to the Premises, except as are more specifically modified by this
License Agreement. Licensee understands that the City is a lessee of the Premises, and Licensee acknowledges and
agrees that Licensee has been provided and reviewed a copy of the agreement between the Fulton County Board of
Education (owner of the Premises) and the City governing the City’s use of the Premises; Licensee shall comply
with all applicable terms of said agreement. This provision shall be enforceable by the City, and failure of Licensee
to comply with the terms thereof shall be grounds for immediate termination of this License and vacation of the
Premises by Licensee and guests of the Event(s).
c. Licensee shall indemnify, save and hold harmless the City and the Fulton County Board of Education, their
officers, boards, commissions, elected officials, employees and agents from any and all claims, suits, actions,
liability, judgments, damages, losses, and expenses, including but not limited to attorney’s fees, resulting from:
i. Any and all loss and/or damage to the Premises or any property located thereon caused by the
Licensee and/or by any guest of the Event(s);
ii. Injury to personal property or the person of, or the death of, any individual as a result of the Event(s);
and
iii. Any other occurrence that results from the Event(s).
2. Miscellaneous Provisions:
2
a. In the event Licensee refuses or neglects to provide any of the items herein stated, or fails or refuses to make
any of the payments as provided herein or to proceed with the Event(s), the City shall have no obligation to perform
under this License.
b. The Licensee shall pay reasonable attorney's fees to the City should the City be required to incur attorney's
fees in enforcing the provisions of this Agreement, but only to the extent caused in whole or in part by negligent,
reckless or intentional acts or omissions of the Licensee.
c. Time is of the essence.
d. This License shall not be changed, modified or varied except by a written statement signed by all parties
hereto. Neither party may assign this License. Each of the individuals who executes this Agreement agrees and
represents that he is authorized to execute this License on behalf of the respective entity. Accordingly, the City and
Licensee both waive and release any right to contest the enforceability of this License based upon the execution
and/or approval thereof.
IN WITNESS HEREOF the parties hereto have set hands and seals the day and year first above
written:
For the City:
_______________________________
Joe Lockwood, Mayor
For the Licensee:
___________________________________
Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
CITY OF MILTON PARK AND RECREATION EVENT LICENSE AGREEMENT
3
Exhibit “A”
Licensee: Pegah Jimenez, Kloock Youth Sports, Inc. d/b/a i9 Sports Forsyth/North Fulton
Term: Beginning September 18, 2011, Ending November 20, 2011 (Seasonal Renewal Option);
Registration may begin upon execution of this agreement
Program/Activity/Event: Coed Youth Flag Football (Ages 4-14)
Location: Birmingham Falls Elementary School Field (Per City IGA with Fulton County Schools)
Time(s): 12 p.m. to 5 p.m.
Day(s): Sundays
Registration Process: www.i9sports.com
Fees Charged By Licensee: $135 per season for Milton residents; $145 for non-Milton residents
Rate Paid to City of Milton: 25% of all registration fees
Payments Made: Two weeks after the end of registration
Reporting Documentation Required: Participant rosters including address, age, along with fee paid
Limitations: Space and time available for use
Required Licensee Documentation on File: Proposal, Liability Insurance, Business License, Registered
Agent Verification, References, Experience, Certifications, Background Checks and Correspondence
The City of Milton will market this program on its website under Parks and Recreation, Programs and
Activities.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Cyndee L. Bonacci, Parks and Recreation Director
Submission Date: May 23, 2011
Meeting Date: June 6, 2011
Agenda Item: Approval of a Revised Fee Schedule for the City of Milton Parks and
Recreation Department
Background:
A revised parks and recreation fee schedule was most recently approved on February 23, 2011.
Additional fees have been added and some revised to support the continued efforts of the parks
and recreation department.
Discussion:
In addition to the fees previously included and approved, I have added other fees that would take
effect for other programs and services offered by the department. These additions include revised
daily rates and block rates for the rental of the Bethwell Community Center; registration and
sponsorship fees for the Milton Mayor’s Run; and an employee discount rate for recreation
programs offered internally such as day camp.
As the Parks and Recreation Department expands its offerings and services, we will continue to
use this fee schedule as a base and add to it as needed.
Attachments:
Revised Fee Schedule for the City of Milton Parks and Recreation Department
City of Milton
13000 Deerfield Parkway Suite 107A Milton, GA 30004
MILTON PARKS AND RECREATION FEE SCHEDULE
Submitted by: Cyndee L. Bonacci, Director
First Approved: July 19, 2010
Revised: September 20, 2010
Revised: February 23, 2011
Revised: June 6, 2011
Field Rental Rates* **
Bell Memorial Park
1 Field/2 hours $50 With Lights $75
1 Field/Day $175 With Lights $225
For Special Event/Day $500
Birmingham Park
For Special Event/Day $500
Security Deposit $100
Facility Rental Rates* **
Bethwell Community Center (Available June 2011)
4 blocks/day (7-10 a.m., 11 a.m.-2 p.m., 3-6 p.m., 7-10 p.m.)
Per 3-hour block $120
Daily $300
Security Deposit $50
Camp Bethwell
Registration Fee per week $110
Non-refundable, Non-transferable Deposit per week $50
Camp Joyful Soles
Registration Fee per week $125
Non-refundable, Non-transferable Deposit per week $50
*Corporate rates for Milton businesses increase by 20%.
**All rates for non-residents of Milton and businesses outside of Milton increase by 50%.
Milton Roundup Sponsorship
Golden Horseshoe $1,500
Pardner $1,000
Buckaroo $500
Milton Roundup Vendor Booths
Vendor/Non-sponsor (For-profit) - 10’x12’ $100
Vendor/Non-sponsor (Non-profit) - 10’x12’ $25
Food Vendor – Tent – 10’x15’ $150
Food Vendor – Trailer – 12’x20’ $250
City of Milton
13000 Deerfield Parkway Suite 107A Milton, GA 30004
Earth Day Sponsorship
Earth Partner $500
Green Partner $200
Earth Day Vendor Booths
Vendor/Non-sponsor (For-profit) - 10’x12’ $75
Vendor/Non-sponsor (Non-profit) - 10’x12’ $15
Food Vendor – Tent – 10’x15’ $100
Food Vendor – Trailer – 12’x20’ $150
Mayor’s Run Sponsorship
Title $5,000+
Platinum $2,500-$4,999
Gold $1,000-$2,499
Silver $500-$999
Bronze $250-$499
Mayor’s Run Entry Fees
5K and 1K $20
Late Registration $25
Miscellaneous
T-shirts – Adult $10
T-shirts – Child $8
Administrative Fee
Approved Refunds/Cancellations $15
Independent Contractor Commissions (Paid to City of Milton)
At the discretion of the Parks and Recreation Director based on services provided and
fees charged, not to be less than 10% and not to be greater than 30%
Employee Discount
Employees may receive a discounted rate for programs offered independently by the
City of Milton such as summer day camp. Employees would be allowed to pay half of
the resident rate at the end of resident registration and before non-resident registration
begins.
Prepared by the Community Development Department for the
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5/26/2011 Page 1 of 25
RZ11-13/VC11-02
R/A RZ73-55
RZ11-13/VC11-02
PROPERTY INFORMATION
ADDRESS 14355 Providence Road
DISTRICT, LAND LOT 2/2 845
OVERLAY DISTRICT Northwest Fulton
EXISTING ZONING C-1 (Community Business) RZ73-55
/AG-1(Agricultural)
PROPOSED ZONING O-I (Office-Institutional)/AG-1 (Agricultural)
ACRES 1.32
EXISTING USE Office (2,124 heated sq. ft.) and 2 accessory structures
(unheated 2,216 sq. ft.) Total of 4,340 sq. ft.
PROPOSED USE Office (3,524 heated sq. ft.) and 2 accessory structures
(unheated 2,216 sq. ft.) Total of 5,740 sq. ft.
PETITIONER Segars & Snidow, LLC
ADDRESS 14355 Providence Road
Milton, GA 30004
770-757-7279
REPRESENTATIVE Donald A. Rolader, Esq.
PHONE 770-442-0330
INTENT
To rezone from C-1 (Community Business) and AG-1 (Agricultural) to O-I (Office-
Institutional) and AG-1 (Agricultural) to expand an existing building and two existing
buildings for a total of 5,740 square feet with the following four-part concurrent
variance:
1) Sect.64-730(c) (1) To reduce the 40 foot side yard setback adjacent to a street to
10 feet along the east property line;
2) Sect. 64-1433(e) To allow off-street parking within the side corner yard along the
east property line;
3) Sect. 64-1141(3) a. To reduce the 50 foot buffer and 10 foot improvement setback
along the west property line to a 20 foot buffer;
4) Section 64-1141 (3) a. To reduce the 50 foot buffer and 10 foot improvement
setback along the north property line to 0 feet.
Prepared by the Community Development Department for the
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5/26/2011 Page 2 of 25
RZ11-13/VC11-02
R/A RZ73-55
COMMUNITY DEVELOPMENT RECOMMENDATION
RZ11-13 – APPROVAL CONDITIONAL
VC11-02 – PARTS 1 THROUGH 4 – APPROVAL CONDITIONAL
CITY OF MILTON PLANNING COMMISSION – MAY 24, 2011
RZ11-13 – APPROVAL CONDITIONAL – 6-0
VC11-02 – PARTS 1 THROUGH 4 – APPROVAL CONDITIONAL – 6-0
The Planning Commission asked the applicant to clarify the request to delete
the 50 foot buffer and 10 foot improvement setback to 0 feet. The applicant
stated that it preserved the overall aesthetic quality of the property. The
Planning Commission approved the request for the rezoning and the four part
concurrent variance adding the following condition:
Condition 3.g. If subject property is to be sold, a 50-foot undisturbed buffer
along the north property line shall be required.
Prepared by the Community Development Department for the
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5/26/2011 Page 3 of 25
RZ11-13/VC11-02
R/A RZ73-55
LOCATION MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 4 of 25
RZ11-13/VC11-02
R/A RZ73-55
CURRENT ZONING MAP
Prepared by the Community Development Department for the
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5/26/2011 Page 5 of 25
RZ11-13/VC11-02
R/A RZ73-55
FUTURE LAND USE PLAN MAP
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 6 of 25
RZ11-13/VC11-02
R/A RZ73-55
EXISTING ZONING DISTRICTS WITH AS-BUILT IMPROVEMENTS
Prepared by the Community Development Department for the
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5/26/2011 Page 7 of 25
RZ11-13/VC11-02
R/A RZ73-55
PROPOSED ZONING DISTRICT EXHIBIT WITH AS-BUILT IMPROVEMENTS
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 8 of 25
RZ11-13/VC11-02
R/A RZ73-55
SITE PLAN SUBMITTED APRIL 11, 2011 (Parcel adjacent Haystack Lane)
Prepared by the Community Development Department for the
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5/26/2011 Page 9 of 25
RZ11-13/VC11-02
R/A RZ73-55
Front of Existing Office
Side of Existing Office
Prepared by the Community Development Department for the
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RZ11-13/VC11-02
R/A RZ73-55
West accessory structure
East accessory structure
Prepared by the Community Development Department for the
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RZ11-13/VC11-02
R/A RZ73-55
North toward Lot 13 on Haystack Lane
Pavilion on subject site looking west
Prepared by the Community Development Department for the
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RZ11-13/VC11-02
R/A RZ73-55
Looking south toward accessory structure from pavilion
Haystack Lane location of existing C-1
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 13 of 25
RZ11-13/VC11-02
R/A RZ73-55
Location Parcel / Zoning
Petition
Zoning / Name Approved
Density/Min.
Heated Floor Area
North,
East,
Northwest
1
AG-1 (Agricultural) The
Hayfield Subdivision
1 unit per acre
N/A
Further
North and
Northwest
2
RZ03-159/RZ01-
060
CUP (Community Unit Plan)
Triple Crown Subdivision
1 unit per acre
2,500 square feet
East 3
AG-1 (Agricultural)
Single Family Residence/Farm
1 unit per acre
N/A
Further
East
4
RZ77-010
C-1 (Community Business)
The Union Restaurant
Existing structure
Southeast
and
South
5
AG-1 (Agricultural)
Scattered Single Family
Residences
1 unit per acre
N/A
Further
South
6
RZ76-86
R-2A(Residential)
Crabapple North Subdivision
1 unit per acre
N/A
West 7 AG-1 (Agricultural)
Single Family Residence
West 8
RZ62-38
C-1 (Community Business)
Building used as Storage
(Pending RZ11-14/VC11-3)
Existing Structure
West 9
AG-1 (Agricultural)
Pleasant Hollow Farm
Subdivision
1 unit per acre
N/A
Southwest 10
(None)
AG-1 (Agricultural)
Providence Baptist Church
and Cemetery
N/A
Prepared by the Community Development Department for the
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RZ11-13/VC11-02
R/A RZ73-55
EXISTING USES LOCATION MAP
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5/26/2011 Page 15 of 25
RZ11-13/VC11-02
R/A RZ73-55
SUBJECT SITE:
The subject site with the existing C-1 (Community Business) district is 1.61acres
and is located on Haystack Lane within the Hayfield Subdivision and the eastern
portion of the existing office building parcel. The applicant is requesting 1.15
acres of the parcel located within the subdivision be rezoned to AG-1
(Agricultural) to bring the subdivision into compliance with the AG-1
(Agricultural) district. The remainder of the parcel where the office building is
located is currently zoned C-1 (Community Business) and consists of .46 acre
and .86 acre. This C-1 (Community Business) of AG-1 (Agricultural) is proposed to
be rezoned to O-I (Office-Institutional) for a total of 1.32 acres to bring the office
building into zoning compliance. The site is located within the Agricultural Land
Use designation on the City’s Current Future Land Use Map.
Staff notes that the location of the C-1 district was discovered when the
applicant submitted plans to expand the existing office by 1,400 square feet. It
was then determined that based on the legal description included in the 1973
zoning file that the C-1 (Community Business) district was not located where the
building and its associated lot was located but it bisected Haystack Lane and a
small portion of the lot where the office was located. The applicant’s surveyor
confirmed Staff’s location of the commercial district by applying the legal
description to an as-built survey that is part of this application. It is Staff’s
supposition that the original applicant of RZ73-55 was unaware of the incorrect
legal description at the time of the zoning approval.
The applicant and his legal counsel met with Staff to determine what action was
needed to bring the Hayfield Subdivision into compliance as well as the existing
office. It was determined that by “swapping” the zoning designations, the
applicant could permit and build his small addition to the existing office and
bring the subdivision into compliance by eliminating the C-1 (Community
Business) district and down zoning to O-I (Office-Institutional) and rezoning the
appropriate portion to AG-1 (Agricultural).
The proposed new O-I (Office-Institutional) includes a portion of the lot to the
west which is also owned by the applicant currently zoned AG-1 (Agricultural).
By including a small portion of the lot, the applicant can bring the western
property line into compliance with a minimum side yard setback for the existing
west accessory building. The total acreage for the new O-I (Office-Institutional)
is 1.32 acres which is less than the original C-1 (Community Business) parcel
consisting of 1.61 acres.
Prepared by the Community Development Department for the
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5/26/2011 Page 16 of 25
RZ11-13/VC11-02
R/A RZ73-55
SITE PLAN ANALYSIS
Based on the applicant’s revised site plan submitted to the Community
Development Department on April 11, 2011, Staff offers the following
considerations:
DEVELOPMENT STANDARDS – SEC. 64-730 for O-I (Office-Institutional) except
where indicated
• Front yard – For all property and lots located adjacent to public rights-of-
way and 400 feet or more beyond an intersection, buildings shall be set
back no more than 30 feet from the edge of the required landscape strip
or easements. (Northwest Fulton Overlay District)
• Side yard – 20 feet
• Side yard adjacent to a street – 40 feet
• Rear yard- 25 feet
• Minimum lot frontage – 100 feet
• The area of the footprint of all buildings and parking shall not exceed 70
percent of the total land area.
• Height - There shall be a maximum height limit of two stories with the
maximum height 30 feet from average finished grade to the bottom of
the roof eave. (Northwest Fulton Overlay District)
The site plan indicates compliance with the development standards except for
the side yard adjacent to a street along the east property line. Therefore, the
applicant is requesting the following concurrent variance.
Part 1 - To reduce the 40 foot side yard setback adjacent to a street to 10 feet
along the east property line Sect.64-730(c) (1)
The applicant’s request is needed to permit legal use of the property,
specifically the 1,026 square foot accessory building along the east property line
nearest to Haystack Lane. This structure was constructed between 2000 and
2002 based on aerial photography. There is a retaining wall and landscaping
along Haystack Lane that provides additional screening of the structure from
the street.
It is Staff’s opinion that by granting the reduction of the side yard setback from
40 feet to 10 feet would not offend the spirit or intent of the zoning ordinance.
This situation has existed since the 1973 zoning unbeknownst to the previous and
current property owner and this exceptional situation or condition was not
caused by the applicant. In addition, the variance would not cause a
Prepared by the Community Development Department for the
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R/A RZ73-55
substantial detriment to the public good and surrounding properties as the
applicant is the developer of the adjacent subdivision and owns the nearby
properties. Lastly, the public safety, health and welfare are secured, and
substantial justice is done. Therefore, Staff recommends APPROVAL
CONDITIONAL of VC11-02, Part 1.
Streetscape and Landscape Strips- Sec. 64-1141 (1)- Northwest Fulton Overlay
District
Front adjacent to Providence Road – 10 foot landscape strip
Side Corner adjacent to Haystack Lane – 10 foot landscape strip
The site plan submitted complies with the requirements for streetscape and
landscape strips of the Northwest Overlay District.
Landscape Buffers – Sec. 64-1141(3) – Northwest Fulton Overlay District
When non-residential uses are proposed adjacent to single family or AG-1
(Agricultural) districts for properties four acre or less, a 50 foot buffer and 10 foot
improvement setback are required. The applicant is requesting the following
two concurrent variances to reduce and delete this requirement respectively.
Part 3 - To reduce the 50 foot buffer and 10 foot improvement setback along the
west property line to a 20 foot buffer. Sect. 64-1141(3) a
Part 4 - To reduce the 50 foot buffer and 10 foot improvement setback along the
north property line to 0 feet. Section 64-1141 (3) a
The adjacent property to the west is developed with a single family residence
and is also owned by the applicant. The adjacent single family residence to the
north is the applicant’s personal home. Located to the rear of the office there is
a fully landscaped area that is adjacent to both the north and west property
line. There are trident maple, sugar maples, elm and a large grouping of mature
sweet gums and pines. This careful natural landscaping provides an
aesthetically pleasing vista that is consistent with the intent of the Northwest
Fulton Overlay as follows:
1) To preserve and to ensure the harmony and compatibility of the character of
the area including its physical appearance, natural setting and informal
landscaping;
2) To preserve open space;
Prepared by the Community Development Department for the
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R/A RZ73-55
3) To be aware and respectful of the environments natural resources and visual
qualities.
Requiring a large visual buffer along the west and south property lines impede
the existing vistas on the subject property and adjacent properties that are
consistent with the Northwest Fulton Overlay’s intent. This could offend the spirit
or intent of the zoning ordinance.
In addition, this situation has existed since the 1973 zoning unbeknownst to the
previous and current property owner and this exceptional situation or condition
was not caused by the applicant. In addition, the variance would not cause a
substantial detriment to the public good and surrounding properties as the
applicant is the developer of the adjacent subdivision and nearby properties.
Lastly, the public safety, health and welfare are secured, and substantial justice
is done. Therefore, Staff recommends APPROVAL CONDITIONAL of VC11-02, Parts
3 and 4.
OTHER SITE PLAN CONSIDERATIONS
Pursuant to Sect 64-1433(e) No off-street parking shall be permitted within the
required setback for the front yard and the side corner yard. No off-street
parking shall be permitted within 25 feet of any property line which adjoins a
single-family residential district or use. Therefore, the applicant is requesting the
following concurrent variance.
Part 2 - To allow off-street parking within the side corner yard along the east
property line Sect. 64-1433(e)
The applicant’s site plan indicates the required handicapped parking space
and two additional standard spaces. This is the only accessible location for the
handicapped space to gain access to the office building. Adjacent to the east
of the parking spaces is a retaining wall and landscaping along Haystack Lane
that provides additional screening of the parking lot from the street.
It is Staff’s opinion that by granting off-street parking within the side corner yard
would not offend the spirit or intent of the zoning ordinance. This situation has
existed since the 1973 zoning unbeknownst to the previous and current property
owner and this exceptional situation or condition was not caused by the
applicant. In addition, the variance would not cause a substantial detriment to
the public good and surrounding properties as the applicant is the developer of
the adjacent subdivision and nearby properties. Lastly, the public safety, health
and welfare are secured, and substantial justice is done. Therefore, Staff
recommends APPROVAL CONDITIONAL of VC11-02, Part 1.
Prepared by the Community Development Department for the
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R/A RZ73-55
Parking Requirements
The site plan submitted indicates a total of 12 parking spaces. The proposed
office expansion will consist of a total of 3,524 square feet. Pursuant to Sec. 64-
1410, Calculations, 3 spaces per 1000 square feet are required. Based on this
calculation, a total of 10 spaces are required. Staff notes that the two accessory
structures behind the office are unheated and used for storage/garage and
therefore are not required to provide parking.
Staff notes that the parking is located on a gravel lot which is encouraged in the
Northwest Fulton Overlay District. A condition will be included to require the
parking to be on gravel except for the required handicapped space.
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
wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and
animal species.
ARBORIST COMMENTS
The existing conditions of the site in conjunction with the adjacent sites presently
provide a very naturalistic wooded/park setting. The two adjacent properties
have been cleared of underbrush and have been maintained in a very good
state. The eastern tract has some native trees remaining as well as additional
tree plantings. An evergreen screening buffer would detract rather than
enhance the site for all three of the properties. If any buffer is required, consider
a buffer planted to landscape strip standards.
Based on the site plan and the tree survey provided, none of the trees will be
impacted by the addition to the office. A pre-construction meeting will be
required to ensure that the existing trees and their drip lines will be protected.
CITY OF MILTON FIRE MARSHAL
There are no outstanding fire code issues associated with the proposed rezoning
as they are now presented.
DESIGN REVIEW BOARD MEETING COURTESY REVIEW – MAY 3, 2011
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R/A RZ73-55
• Buffers should be preserved, heavily planted.
• Work with Arborist to come up with possible alternate planting plan.
PUBLIC INVOLVEMENT
On April 27, 2011 the applicant was present at the Community Zoning
Information Meeting (CZIM) held at the Milton City Hall. There were eight
members of the community in attendance.
The members of the community understood the situation and were not opposed
to the applicant’s request.
Public Comments – Staff has not received any correspondence regarding this
development.
PUBLIC PARTICIPATION REPORT
The applicant will host a Public Participation Meeting on Wednesday, May 18,
2011 at the applicant’s existing office. The applicant has submitted a Public
Participation Report that currently includes the CZIM meeting. An updated
Public Participation Report will be submitted after the meeting on May 18, 2011.
The members of the community did not have any issue with the request to
expand the office and correct the zoning.
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 existing office, accessory buildings and proposed addition of 1,400
square feet totaling 5,740 square feet is at an overall density of 4,348.48
square feet per acre. The primary use surrounding the property is single
family residential homes located on minimum one acre lots. There is a
horse farm to the east and further to the east is The Union Restaurant
zoned C-1 (Community Business) pursuant to RZ77-10. To the south are
scattered single family homes on AG-1 (Agricultural) as well as minimum
one acre lots further to the south in the Crabapple North Subdivision
zoned R-2A (Residential). To the southwest is the Providence Baptist
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 21 of 25
RZ11-13/VC11-02
R/A RZ73-55
Church and cemetery with the existing building which was built in 1940
prior the requirement of zoning regulations. West of the subject site is a
single family residence owned by the applicant and another C-1
(Community Business) parcel with a metal and concrete building which
will be under consideration pursuant to RZ11-14/VC11-03. It is currently
being utilized as storage for a local sign company. Further to the west is
the Pleasant Hollow Farms Subdivision zoned AG-1 (Agricultural) and
developed with large single family residences.
Based on the fact that the location of the existing office was presumed to
be zoned C-1 (Community Business) for years and has been improved
and used for an office and by rezoning to O-I (Office-Institutional) it will
further restrict the uses of the property, it is a suitable use for the property.
2. Whether or not the proposal will adversely affect the existing use or
usability of adjacent or nearby property?
It is Staff’s opinion that the proposal will not adversely affect existing use or
usability of the adjacent properties as described above.
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 as currently zoned C-1
(Community Business) and AG-1 (Agricultural) because it causes both the
existing subdivision and the existing office to be out of compliance with
the Zoning Ordinance.
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 existing streets,
transportation facilities, utilities, or schools as proposed.
5. Whether the proposal is in conformity with the policies and intent of the
land use plan?
Future Land Use Plan Map: Agricultural
Proposed use/density:
Office /4,348.48 square feet per acre
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 22 of 25
RZ11-13/VC11-02
R/A RZ73-55
The Future Land Use Plan Map suggests Agricultural for the subject site
and for properties north of Providence Road and Residential 1 unit or less
for properties south of Providence Road.
The Milton City Council adopted the Partial Plan Update to the City’s
Comprehensive Plan on December 21, 2009. The proposed development
is consistent with the following Plan Policies if developed with the
recommended conditions:
• 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.
• We will promote the protection and maintenance of trees and
contiguous green open space in new development.
• 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.
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 proposed zoning for O-I (Office-Institutional) is inconsistent
with the Plan Map, it is Staff’s opinion that the office has been in existence
based on previous information that the parcel was zoned C-1
(Community Business) and the use is not permitted with the majority of the
parcel zoned AG-1 (Agricultural). In addition, the area to be rezoned is
smaller than the existing C-1 (Community Business) parcel and by
requesting the O-I (Office-Institutional)district the subject site will have less
potential impact on adjacent and nearby properties. Therefore, Staff
supports the approval of this request to “fix” the existing zoning districts to
bring both the office and the Hayfield Subdivision into compliance with
the City’s ordinances.
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
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 23 of 25
RZ11-13/VC11-02
R/A RZ73-55
The proposed use will not be environmentally adverse to the natural
resources, environment and citizens of the City due to the required
development regulations.
CONCLUSION
Although the proposed rezoning is inconsistent with Future Land Use Plan’s
recommendation of Agricultural, it is Staff’s opinion that by rezoning it to O-I
(Office-Institutional) with less area then the previous commercial zoning district, it
will allow the existing uses to conform with the City’s various ordinances as they
pertain to zoning and development. Therefore, Staff recommends APPROVAL
CONDITIONAL of RZ11-13 to rezone from C-1 (Community Business) and AG-1
(Agricultural) to O-I (Office-Institutional) and AG-1 (Agricultural) to expand the
existing office for a total of 5,730 square feet. Staff will provide conditions to limit
the development of the office not to exceed 3,524 square feet and two
accessory structures not to exceed a total of 2,216 square feet.
It is also Staff’s opinion that Parts 1 through 4 of VC11-02 be APPROVED
CONDITIONAL to permit the existing natural vegetation and views to remain.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 24 of 25
RZ11-13/VC11-02
R/A RZ73-55
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be O-I
(Office-Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the
owner’s agreement to the following enumerated conditions. Where these
conditions conflict with the stipulations and offerings contained in the Letter of
Intent, these conditions shall supersede unless specifically stipulated by the
Mayor and City Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings
or at 4,348 square feet per acre zoned, whichever is less, but
excluding, billboards, day care facilities, rooming house, boarding
house, assembly hall, clinic, community center building,
convalescent center/nursing home/hospice, dancing school,
financial establishment, funeral home, group residence,
gymnasium, health club/spa, hospital, hotel, library, motels,
museum, parking garage/deck, parking lot, personal care home,
recording studio research laboratory, stadium, and any uses
permitted through a Special Use Permit that requires O-I (Office-
Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2,
and 13. Above described acreage shall be zoned AG-1
(Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development
Department on April 11, 2011. 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 Certificate of Occupancy.
Prepared by the Community Development Department for the
Mayor and City Council Meeting on June 6, 2011 (First Presentation)
5/26/2011 Page 25 of 25
RZ11-13/VC11-02
R/A RZ73-55
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements,
dedication, and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places
of the City of Milton Code of Ordinances, or be reconstructed to meet
such criteria if required by City of Milton Public Works Department .
ORDINANCE NO._______
PETITION NO. RZ11-13/VC-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO O-I (OFFICE-INSTITIONAL) AND AG-1 (AGRICULTURAL)
FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD
HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 20, 2011 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 14355
Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as
described in the attached legal description, be rezoned to the O-I (Office-Institutional) and AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the O-I (Office-Institutional) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and16 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 20th day of June, 2011.
Approved:
______________________
Joe Lockwood, Mayor
Attest: (Seal)
________________________________
Sudie AM Gordon, City Clerk
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. 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 Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. 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 Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. 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 Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. 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 Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
ORDINANCE NO._______
PETITION NO. RZ11-13/VC-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO O-I (OFFICE-INSTITIONAL) AND AG-1 (AGRICULTURAL)
FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD
HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 20, 2011 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 14355
Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as
described in the attached legal description, be rezoned to the O-I (Office-Institutional) and AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the O-I (Office-Institutional) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and16 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 20th day of June, 2011.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
ORDINANCE NO._______
PETITION NO. RZ11-13/VC-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG-1
(AGRICULTURAL) TO O-I (OFFICE-INSTITIONAL) AND AG-1 (AGRICULTURAL)
FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD
HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 20, 2011 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 14355
Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as
described in the attached legal description, be rezoned to the O-I (Office-Institutional) and AG-1
(Agricultural) Districts with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the O-I (Office-Institutional) and AG-1 (Agricultural) zonings listed in
the attached conditions of approval, be approved under the provisions Chapter 64, Article VI,
Divisions 2 and16 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 20th day of June, 2011.
Approved:
______________________
Joe Lockwood, Mayor
Attest: (Seal)
________________________________
Sudie AM Gordon, City Clerk
RECOMMENDED CONDITIONS
RZ11-13/VC-02
If this petition is approved by the Mayor and City Council, it should be O-I (Office-
Institutional) and AG-1 (Agricultural) CONDITIONAL subject to the owner’s
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner’s agreement to restrict the use of the subject property as
follows:
a) Office-Institutional and accessory uses on 1.32 acres of 3,524 square
feet for offices and 2,216 square feet within two accessory buildings or
at 4,348 square feet per acre zoned, whichever is less, but excluding,
billboards, day care facilities, rooming house, boarding house,
assembly hall, clinic, community center building, convalescent
center/nursing home/hospice, dancing school, financial establishment,
funeral home, group residence, gymnasium, health club/spa, hospital,
hotel, library, motels, museum, parking garage/deck, parking lot,
personal care home, recording studio research laboratory, stadium,
and any uses permitted through a Special Use Permit that requires O-I
(Office-Institutional) zoning district other than church or cemetery use.
Above described acreage shall be zoned O-I (Office-Institutional)
Conditional.
b) Agricultural (AG-1) located on 1.15 acres within the Hayfield
Subdivision including but not limited to Haystack Lane, common
area/30 foot detention access easement and portions of lots 1, 2, and
13. Above described acreage shall be zoned AG-1 (Agricultural).
2) To the owner’s agreement to abide by the following:
a) To the site plan received by the Community Development Department
on April 11, 2011. 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 Certificate of
Occupancy.
3) To the owner’s agreement to the following site development considerations:
a) No more than one entrance/exit onto Providence Road, no vehicular
access shall be derived from Haystack Lane.
b) Parking areas shall be gravel except for the required handicapped
space.
c) To provide a 10 foot side yard setback adjacent to a street along the
east property line. (VC11-02, Part 1)
d) To allow off-street parking within the side corner yard along the east
property line. (VC11-02, Part 2)
e) To provide a 20 foot buffer along the west property line as shown.
(VC11-02, Part 3)
f) To delete the 50 foot buffer and 10 foot improvement setback along
the north property line. (VC11-02, Part 4)
g) If subject property is to be sold, a 50-foot undisturbed buffer along the
north property line shall be required.
4) To the owner’s agreement to abide by the following requirements, dedication,
and improvements:
a) Access to the site shall be subject to the approval of Milton Public
Works, prior to the issuance of a Certificate of Occupancy. Entrance(s)
shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of
the City of Milton Code of Ordinances, or be reconstructed to meet such
criteria if required by City of Milton Public Works Department.
Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-06 – To Amend the City of Milton Zoning Ordinance to create the
“Media Productions” Administrative Permit (Section 64-1616)
Background:
Since its inception there have been a handful of small film and movie activities that have
occurred in the City of Milton. Many of which have passed as a relatively unobtrusive form of
economic development. Recently the State of Georgia has taken marked steps in attracting the
film industry. Based on staff discussions with Council and the North Fulton Chamber of
Commerce regarding economic development and the recent designation of our area as a “Film
Ready” Community, it was found that some regulations needed to be created to allow these
activities under condition.
Discussion:
The film and movie industry is becoming a larger segment of Georgia’s economic development
outreach. This industry generates thousands of dollars in taxes, sales taxes, hotel/motel taxes
with each production. Consistent use of production locations creates a tourist attraction
supported solely through its own advertisement. The uses are typically relatively unobtrusive
and bring positive attention to the city and our community assets. Our current regulations for
special events and other administrative permits don’t specifically cater to the business of the film
and movie industry. In order to encourage these uses we have reviewed regulations from other
local municipalities and those more attuned to the needs of the film industry.
This draft has been reviewed and submitted as a collaborative project by planning, parks &
recreation, fire and public safety, and communications staff. Initially this proposal should cover
the majority of filming activities anticipated for the City of Milton. We realize that this industry
changes quickly and there is a need to react quickly and provide flexibility in approvals and their
conditions. Upon consistent use we will continue to review these regulations to balance citizen
needs and the needs of the industry.
The attached proposal creates a new administrative permit specifically tailored to the film and
media productions. Production activities are separated into high and low impact permits and
can be issued in a little as 5 working days. General standards include provisions for trash
receptacles, tents and temporary structures, lighting, clean up and restoration, and others. Low
impact activities are generally considered to be professional photo shoots, commercials, and
student films. High impact activities may include feature films, documentaries and other
productions lasting 15 days or more. Waivers may be required for productions conducted
during morning, or evening/nighttime hours as well as those creating noise beyond the limits of
Page 1 of 2
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
the noise ordinance. These waivers may be required at the discretion of the Community
Development Director should there be anticipated additional negative effects on nearby
residents or business owners based on the scope of the proposed productions.
Permits may be granted conditionally to facilitate procurement of specific locations for filming or
other information. The City of Milton reserves the right to deny any production on public
property whose content or portrayal of the city is objectionable as well as any production which
may interfere with city events.
Fees for permits will be established in the City Fee schedule under Appendix A “Fees and
Charges” of the Official Code of the City of Milton. Fees may be charged by other departments
for services rendered and equipment used. Fees for non-profit charities, students and other
agencies may be waived at the discretion of the City Manager.
Recommendation:
Based on this research, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11‐06 May 12, 2011
Text Amendment RZ11‐06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 1 of 5
Sec. 64-1616. –Permits for Media productions.
As applicable, media productions are subject to the requirements of all city departments, such as
emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics
permits, food service permits, etc.
(1) Applicability. This permit is required for all proposed media productions in the City of Milton not
held in an otherwise licensed facility and are intended to be closed to participation from the
public. This permit includes, but is not limited to, television or video series, movie, television or
video pilots, commercials, feature film, professional photo stills and shoots, music videos,
student films, infomercials, public service announcements, and documentaries, where the final
work product is to be used for commercial purposes.
(2) Required Districts. This permit is allowed with conditions in all zoning districts of the City of
Milton.
(3) Permit Types. Two classifications of media production permits are allowed:
a. Low impact activities - which are generally those activities that have a limited duration
of no more than fourteen days with little or no disruption to common adjacent and
nearby uses. See additional requirements within this section 64-1616 for further
description.
b. High impact activities - which are generally those activities that have a duration of
fifteen or more days and/or do not comply with the low impact activity standards set
forth in this Section. The filming of high-speed crashes or chases, pyrotechnics or
explosives or the use of aircraft, and similar actions are examples of high impact
activities including any production activity disrupting normal and customary use of the
site or adjacent or nearby properties. See additional requirements within section 64-
1616 for further description.
(4) General standards. In addition to all other applicable codes, permitted activities must abide by
the following:
a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a
property line of any residential use.
b. No temporary sanitary facilities may be located on or within 10 feet of a storm
drainage structure.
c. Without written consent of the effected property owner or current resident, no tent,
table or other temporary structure shall be located within 250 feet of a residential
structure.
i. Tents less than 5,000 square feet do not require a building permit; tents
equal to or greater than 5,000 square feet require structural plan review and
a building permit. Such building permit shall be issued and approved
separately.
ii. All tents and temporary structures are subject to all local and state codes
and further subject to approval of the fire and building departments.
d. Limited sales from vehicles are prohibitedallowed with approval of the community
development director.
e. Lighting for filming, both during daylight and nighttime hours, should be oriented away
from neighboring residences wherever possible and should not interfere with the safe
movement of traffic. All permanent and temporary lighting shall comply with Sec 64-
185 of the Milton Code of Ordinances. Limited exceptions may be made at the
discretion of the community development director.
f. Signage shall be in accordance with article XVI of this zoning ordinance.Temporary
signage may be allowed at the discretion of the community development director.
g. Production companies are responsible for cleaning and restoring locations used,
including public and private lands, to their original condition, with a minimum amount
Comment [lt1]: We will have to address this
option in the Lighting section of the Code as well
Comment [lt2]: This will also need to be
addressed in the sign ordinance
DRAFT RZ11‐06 May 12, 2011
Text Amendment RZ11‐06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 2 of 5
of noise and disruption. All clean up and restoration activities shall be completed
within 60 days of completion of the permitted activities. Inspection of appropriate
restoration will be conducted by the community development department.
h. No modification of any street sign, street light, traffic signal or other traffic control
device shall be permitted without written approval from the Public Works Director or
his/her designee.
i. No road or lane closures shall be permitted without a traffic management plan. All
plans shall conform to the Manual on Uniform Traffic Control Devices (MUTCD),
current edition, and shall be prepared by a person with experience in the
development of traffic control plans and the MUTCD standardsapproval of the public
works director.
j. No modifications or alterations to the right-of-way shall be permitted unless expressly
identified in the permit application. Any modification or alteration of the right-of-way,
whether that activity is permitted or not, shall be returned to a condition which is
better than or equal to what existed prior to the activity. That determination shall be
made by the Public Works Department.
(5) Low impact activity Standards. In addition to the general standards, the following minimum
standards must be met in order to be permitted as a Low impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the Community Development director to minimize
anticipated adverse effects or other objectionable uses.
a. No permit shall be effective for more than 14 consecutive days. for a single
production on the same property(s). Permits may be renewable only with the specific
approval of the community development director. A single application may include
several locations for the same production with appropriate documentation. An
application for said permit shall be made no less than 5 business days prior to the
event. Said permit must be available on site to city personnel upon demand.
b. No interruption in to pedestrian traffic flow is allowed.
c. No more than five on-street parking spaces in a commercial or office zoning district.
d. No parking in alleys where residential access is provided by alleys.
e. All parking for cast, crew, extras and other nonessential vehicles shall be provided in
off street lots.
f.e. A private holding area for cast, crew and extras must be provided.
g.f. The hours of operation shall be 7:30 am to 10:00 pm everyday. All preparation and
wrap up activities shall be completed within ½ hour of this time frame and shall not
violate the noise ordinance limitation as stated in Sect. 20-681.1.
h.g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and
10:00 pm.
i.h. No equipment, vehicle, display or other activity shall block access to a public facility
such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other
access point.
DRAFT RZ11‐06 May 12, 2011
Text Amendment RZ11‐06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 3 of 5
(6) High impact activity standards. In addition to the general standards, the following minimum
standards must be met in order to be permitted as a high impact activity. Due to the varying
nature of this industry and use these standards are not all inclusive and additional conditions
may be imposed at the discretion of the community development director to minimize
anticipated adverse effects or other objectionable uses. These activities may require the onsite
placement of the fire rescue department personnel and/or equipment based on the scope of
the proposed production.
a. No permit shall be effective for more than 14 consecutive days for a single production
on the same property. Permits may be renewable only with the specific approval of
the community development director. A single application may include several
locations for the same production with appropriate documentation. An application for
said permit shall be made no less than 10 business days prior to the event. Said
permit must be available on site to city personnel upon demand.
b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the
approval of the public works director or his/her designee.
c. No more than 10 on-street parking spaces may be used in a commercial or office
zoning district per day.
d. No parking in alleys where residential access is provided by alleys.
e. All parking for cast, crew, extras and other nonessential vehicles shall be provided in
off street lots.
f.e. A private holding area for cast, crew and extras must be provided.
g.f. The hours of operation shall be 7:30 am to 10:00 pm, everyday. Any activity to occur
between the hours of 10:00 pm and 7:30 am must have completed permit waivers
from at least 95% of current residents or property owners/business owners within 500
feet of the location prior to commencing activity at the location during evening or
morning hours.
h.g. All preparation and wrap up activities shall be completed within ½ hour of the time
frames as set above in f and shall not violate the noise ordinance limitation as stated
in Sect. 20-681.1 without completing a permit waiver from at least 80% of current
residents or property owners/business owners within 1000 feet of the location.
i.h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any
residential use with exceptions per Sect. 20-681.2 for periods between 7:30 am and
10:00 pm.
j.i. No equipment, vehicle, display or other activity shall block access to a public facility
such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other
access point.
k.j. Based on the proposed scope of the production activity and in consideration of any
potential danger to the safety of the community, the Police Chief and/or the Fire Chief
may require personnel and/or equipment to be placed on standby for portions of the
high impact activity at the expense of the applicant. Contact public safety personnel if
any of the following are included in the production: pyrotechnics, demolition, firearms
discharge, high speed chases, or physical stunts.
DRAFT RZ11‐06 May 12, 2011
Text Amendment RZ11‐06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 4 of 5
(7) Applications. All applications shall be submitted to the Milton Community Development
Department for review and approval by the Director or his/her designee. The applications shall
include the following information at a minimum and shall not be deemed complete until all
requested information is received.
a. Two copies of a completed application form prepared by the Community development
department with original signatures of the applicant. A property owner’s affidavit will
also be required with original signatures.
b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with
dimensions (distances in feet) of the activity's location from each site(‘s) property lines
and other minimum distance requirements as specified by this section shall be
submitted to the community development department for approval. Said drawing shall
also depict north arrow, curb cuts and traffic patterns, and address numbers of
locations to be used.
c. In addition, two copies of aerial imagery shall be included which locate the proposed
site(s) to be used as well as adjoining residential structures.
d. Proposed location (mapped), length of road closure, and timing of traffic interruption
(by date and time) of any public right-of-way. A traffic management plan in
accordance with the MUTCD, current edition will be required as necessary for any
closure or traffic interruption per the public works director.
e. Signed hold harmless agreement to the benefit of City of Milton..
f. Signed agreement to provide a certificate of insurance with the City of Milton as
additional insured until the activity is completed..
g. Other information as required by the community development director to provide
insight to the proposed extent and intensity of the use.
(8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as
necessary to facilitate receipt of all required information. All permits will be approved or denied
within 5 business days of receipt of the completed low impact activity application or within 10
business days of receipt of a completed high impact activity application.
a. Restrictions. Restrictions may be placed on certain applications for use of city
property or in the vicinity of city property/city sponsored events such that service and
protection to the public is not impaired including, but not limited to the following:
i. The City of Milton reserves the right to refuse access to City property on the
grounds of prior reference examination and portrayal of the City in the
content of the project.
ii. Removal, cutting or trimming of vegetation in the public right-of-way or on
public property is prohibited unless specifically approved and limited by the
permit.
iii. Activity may not be allowed in locations near the area of a city-sponsored
event if there is an anticipated conflict with the city’s event.
b. Variations from the approved scope of work included in the permit application can
may be grounds for immediate revocation.
Comment [lt3]: Film Industry Representative
asked if digital signatures are acceptable ??
DRAFT RZ11‐06 May 12, 2011
Text Amendment RZ11‐06 prepared for the Mayor and City Council Meeting, June 20, 2011
Page 5 of 5
c. Fees. Applicants will be charged a fee for processing, as established by the City of
Milton Mayor and Council. Services for which a fee has not been established will be
charged on the basis of time, equipment, and material. Fees for filming applications
will be charged according to Appendix A of the Milton Code of Ordinances.
i. Additional fees for the monitoring of public safety will be charged separately
by the appropriate departments based on a labor, time and equipment
necessary to provide the public service.
ii. Street closures shall incur a fee based on the city value of time, materials,
and equipment used/requested by the applicant.
iii. Permits for tents and other building and structural inspections will by
charged separately by the appropriate departments.
iv. Rental of City Facilities will be charged on a per use basis as set out by the
City Parks and Recreation Department.
v. Late request applications will be charged an additional fee per day for each
day less than the minimum number of processing days required as set forth
in Appendix A of the Milton Code of Ordinances stated in sections 1616.5.a
and 1616.6.a.
vi. Processing fees and charges for use of City services or facilities may be
reduced or waived for charitable and non-profit organizations which qualify
under Section 501.c.3 of the IRS Code and for City agencies if substantial
reward will be provided to the City of Milton at the discretion of the City
Manager.
(9) Permit Waivers. Waivers may be required in the likelihood the proposed production will have a
negative effect(s) on adjacent business or residents.
a. Waivers shall be signed by current residents, property owners, and/or business
owners as determined by the community development director.
b. Waivers will be provided on a form set out by the Community development
department.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-06
AN ORDINANCE TO CREATE SECTION 64-1616 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) FOR AN
ADMINISTRATIVE USE PERMIT FOR MEDIA PRODUCTIONS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates creating an administrative use permit, Section 64-
1616 of the City of Milton Zoning Ordinance as it pertains to media productions, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11‐07 DATE: 05/16/11
Text Amendment RZ11‐07 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 3
Sec. 64-775. - Use regulations.
Within the C-1 district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as permitted shall be prohibited.
(1)
Permitted uses. Structures and land may be used for only the following purposes:
a.
Commercial amusement, indoor.
b.
Apartment, above or behind commercial and office uses in the same building.
c.
Art gallery.
d.
Assembly hall.
e.
Automotive parking lot.
f.
Automotive specialty shop.
g.
Catering, carryout and delivery.
h.
Church, temple or other place of worship.
i.
Clinic.
j.
Convalescent center/nursing home/hospice.
k.
Day care facility.
l.
Delicatessen.
m.
Financial establishment.
n.
Funeral home.
o.
Garage, automobile repair, except painting, body repair and overhaul of major
components.
p.
Group residence.
q.
Gymnasium.
r.
Hotel.
s.
Health club/spa.
t.
Laundromat.
u.
Landscaping business, garden center.
v.
DRAFT RZ11‐07 DATE: 05/16/11
Text Amendment RZ11‐07 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 2 of 3
Laundry and dry cleaning shop (excluding Laundromats).
w.
Lawn service businesses.
x.
Library.
y.
Communication service.Telecommunications facility per Section 54 of the Milton
City Code.
z.
Millinery or similar trade whenever products are sold retail, exclusively on the
site where produced.
aa.
Motel.
bb.
Museum.
cc.
Office.
dd.
Parking garage/deck.
ee.
Parking lot.
ff.
Personal care home.
gg.
Personal services, including barbershop, beauty shop.
hh.
Pet grooming (no overnight stay).
ii.
Photography studio.
jj.
Plant nursery.
kk.
Printing shop, convenience.
ll.
Repair shop, not involving any manufacturing on the site.
mm.
Research laboratory.
nn.
Restaurant.
oo.
Retail store or shop not to include Roadside vending.
pp.
School of business, dance, music or similar school.
qq.
Service station, except that repair and service offerings shall not include
painting, body repair nor overhaul of major components, and no portion of the
site shall be used for the display of cars for sale.
rr.
Stadium.
ss.
Theater.
DRAFT RZ11‐07 DATE: 05/16/11
Text Amendment RZ11‐07 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 3 of 3
tt.
Recycling center, collecting.
tt. Gasoline stations with or without convenience stores.
(2)
Accessory uses. Structures and land may be used for uses customarily incidental to any
permitted use and a dwelling may be used for a home occupation. Automobile and/or
moving truck rental may be used in accessory to a permitted use. Not more than 45
percent of the floor area of a building or land may be devoted to storage incidental to
primary uses.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-07
AN ORDINANCE TO AMEND SECTION 64-775 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE LIST
OF PERMITTED USES WITHIN THE C-1 (COMMUNITY BUSINESS) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to the permitted uses in the C-1 (Community
Business) district, Section 64-775 of the City of Milton Zoning Ordinance is amended, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11‐08 DATE: 05/16/11
Text Amendment RZ11‐08 Prepared for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 2
Sec. 64-798. - Use regulations.
Within the C-2 district, land and structures shall be used in accordance with standards herein. Any
use not specifically designated as permitted shall be prohibited.
(1)
Permitted uses. Structures and land may be used for only the following purposes:
a.
Any use permitted in the C-1 district.
b.
Automotive garage.
c.
Automotive repair garage.
d.
Automobile and light truck sales/leasing.
e.
Batting cage, outdoor.
f.
Bowling alley.
g.
Car wash.
h.
Check cashing establishment.
i.
Drive-in theater.
j.
Garage, automobile repair.
k.
Landscaping business.
l.
Lawn service business.
m.
Laundry and dry cleaning plant distribution center, not including processing,
fabrication or manufacturing.
n.
Pawnshop.
o.
Plant nursery.
p.
Plumbing shop associated with retail sales.
q.
Radio and television station.
r.
Service establishment.
s.
Skating rink.
t.
Tinsmithing shop associated with retail sales.
u. Stand alone personal services, including barbershop, beauty shop.
DRAFT RZ11‐08 DATE: 05/16/11
Text Amendment RZ11‐08 Prepared for the Mayor and City Council Meeting on June 20, 2011
Page 2 of 2
v. Bail bondsmen.
w. Laundromat and coin operated laundry.
x. Commercial amusements (Indoor and Outdoor)
y. Flea markets and second hand surplus retailers not to include Roadside
Vending.
z. Liquor and package sales stores.
aa. Recycling center, collecting.
bb. Video arcades.
(2)
Accessory uses. Structures and land may be used for uses customarily incidental to any
permitted use and dwellings may be used for a home occupation.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-08
AN ORDINANCE TO AMEND SECTION 64-798 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE
PERMITTED USES WITHIN THE C-2 (COMMUNITY BUSINESS) DISTRICT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Ordinance that relates to the permitted uses in C-2 (Community
Business), Section 64-798 of the City of Milton Zoning Ordinance is hereby adopted and
approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT ‐ RZ11‐09 DATE: 05/16/11
Text Amendment RZ11‐09 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 1
Sec. 64-395. – Uses Prohibited in All Zoning Districts
In all zoning districts the following uses are considered objectionable and are prohibited:
Fortune Telling Establishment, Massage Parlor, Pool Hall, Escort and Dating Services, and Tattoo and Body
Art or Piercing Establishment.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-09
AN ORDINANCE TO CREATE SECTION 64-395 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO PROHIBIT
CERTAIN USES IN ALL ZONING DISTRICTS
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the creation of this Ordinance that prohibits certain uses in all zoning
districts, Section 64-395 of the City of Milton Zoning Ordinance is amended, 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 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 City Council Meeting (June 6, 2011 First
Presentation, June 13, 2011 Council Work Session)
1. Agenda Item: RZ11-07 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-1 (Community Business) District (Section 64-775)
2. Agenda Item: RZ11-08 – To Amend the City of Milton Zoning Ordinance to revise the
“Use Regulations” for the C-2 (Community Business) District (Section 64-798)
3. Agenda Item: RZ11-09 – To Amend the City of Milton Zoning Ordinance to create
“Prohibited Uses in All Districts” (Section 64-395)
4. Agenda Item: RZ11-10 – To Amend the City of Milton Zoning Ordinance to create
“Separation Standards for High Traffic uses” (Section 64-218)
.
Background:
Based on previous discussions with council staff studied this item and prepared an analysis of
potential locations. At that time, the Council introduced the question of whether there may be
additional high intensity commercial uses that should be included in this discussion. Further,
additional consideration was given to the typical use restrictions imposed on most commercial
rezoning cases in the city. Based on these discussions staff has introduced the following four
text amendments to change the listing of permitted commercial uses. Please note that
additional definitions to clarify any new uses have been preliminarily prepared, however will
need advertising prior to action by the Commission and City Council.
Discussion:
Historically, under Fulton County the majority of parcels commercially re-zoned in the 1980’s
and 1990’s with conditional zoning excluded service stations and also excluded convenience
stores with gas pumps after the 1990’s. The City of Milton has excluded convenience stores
with gas pumps since its incorporation in 2006 when there have been requests for any type of
non-residential zoning. In addition, many other uses were conditioned as specifically excluded
in those same rezoning actions.
Upon review there appeared to be some correlation between the excluded uses as either high
traffic uses or those uses that are generally objectionable. Based on these findings, staff has
researched potential standards that would minimize the negative effects of clustering high traffic
generating uses in close proximity and simply eliminating those uses which are truly
objectionable in the City of Milton.
In work sessions with the Council several uses were identified as allowable in C-1 “Community
Business” Districts that did not conform to the typical level of intensity allowed for this district
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
either by practical use or by condition of zoning. Those uses were moved to be expressly
allowable in the C-2 “Community Business” District, which is designed to accommodate those
more intense commercial uses. Also included in the changes is a clarified listing of Gasoline
service stations as a permitted use, with or without convenience stores in the C-1 District.
In addition, a separation standard was created in Section 64-218 to minimize further congestion
created by clustering several of these in close proximity. This separation is required for
freestanding fast food restaurants, restaurants with a drive through facility component, and for
gas stations with pumps (with or without convenience stores). Currently, the proposal indicates
a one mile separation distance.
Maps have been provided indicating both the one mile and the ½ mile separation from existing
permitted uses. These maps were also provided to Council during their work session and no
preference was indicated between the two options. Please note that the one mile separation
does severely restrict many of the traditional commercial corridors for these uses. The ½ mile
limit is somewhat less restrictive, however still reduces anticipated congestion generated by
these uses. Staff is recommending the one mile separation distance while noting that this does
limit the existing commercial corridor’s future commercial development potential for offshoot
development typically associated with the high traffic uses.
Finally, staff reviewed those use that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. They are proposed to be
excluded from all zoning districts in the City of Milton.
Some items still to be considered are changes to the Roadside Vending regulations and
additional use definitions. These items will be submitted to the Planning Commission under
separate review and advertising.
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the items listed above.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11‐10 DATE: 05/16/11
Text Amendment RZ11‐10 prepared for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 1
Sec. 64-218. Separation Standards for High Traffic Uses.
(a) Due to the potential for significant traffic impacts on existing roadways from uses that have
particularly high trip generation, there shall be required a a minimum of one (1) mile distance
between these uses to prevent clustering. This separation shall be between each of the following
uses from another of the same type use:
(1) Freestanding Fast Food Restaurants
(2) Restaurants with drive thru facilities
(3) Gas pumping stations with or without convenience stores
(b) For the purposes of this section the separation shall be measured in a straight line from the
closest portion of any structure providing said use to the nearest point of any other existing or
proposed structure providing the specified use.
(c) For the purposes of this section determination of the existing use will be the legal and licensed
operation of the specified use in the City of Milton or within one year of closure of the legally
specified use.
Secs. 64-219—64-235. - Reserved
Comment [lt1]: This may affect groceries with
gas stations as well?
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-10
AN ORDINANCE TO CREATE SECTION 64-218 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO REQUIRE
SEPARATION STANDARDS FOR HIGH TRAFFIC USES
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the creation of Section 64-218 requiring a separation for high traffic uses,
Section 64-218 of the City of Milton Zoning Ordinance is hereby adopted and approved; and is
attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
GA372GA9GA1
4
0 Birmingham HwyHighway 9State Hwy 9Birmingham Roswell HwyC u m m in g H w y
Arnold Mill R
d
C r a b a p p le R d N. Main StN . M a in S t Hopewell RdFreemanville RdCogburn RdPr
ovi
dence RdBethany BendBethany RdBirmingham Rd
Windward PkwyNew Providence RdBethany Way
McGinnis Ferry Rd
N e w P r o v id e n c e R d
Cox RdTaylor RdWood Rd
F r a n c i s R d
Mountain Rd
S. Thompson RdKing RdNix Rd
Dorris Rd
Redd Rd
Mayfield Rd
Hamby Rd
Dinsmore Rd
Ebenezer Rd Day RdBatesville R
d
Thompson Rd
N ParkLackey RdWestbrook RdHickory Flat Rd
Henderson RdCr
e
e
k
Cl
u
b
Dr
Morris RdBrittle RdSummit Rd
Glenover Dr
Giff DrRowe RdLongstreet Rd
Holly RdCagle Rd
M ilto n P tWatsons BndPhillips RdDarby RdGreen Rd
Ki
ng Cir
School DrTullgean DrWhite Columns Dr
New Bullpen Rd
Manor Bridge Dr
Carney Rd
Neese Rd
Et
ri
s RdWebb Rd
Triple Crown Dr
Hagood RdPhillips Cir
McFarlin Ln
Sable Ct
Glencreek WayTimber PtCowart RdLa n d r um R dValmont LnQuayside Dr
Arabian Ave Northwood DrLaconia LnHeritage Pass
Rolling Link s D r
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Cl
ub Dr
Club CirHighgrove RdL e c o m a Tr c e Colonial LnMajestic CvChampions Clse
L
i
v
e
l
y
Rd
Donegal LnBasnett DrD e e rfie ld P k w y
Foxhollo
w R
un
P
u
c
k
e
tt Rd
N. Park LnOld Chadwick Ln
Sweet Apple RdBethany Oaks PteFreemanwood Ln
N . F i e l d s P a s s
Providence WayOwens Lake Rd Twinrose Pl
S o n a t a L nTurtle CrkSaddlesprings DrDover RdBrookshade Pkwy
Black Oak Rd
Laurel Grove DrHeydon HallBrea
m
Dr
Traywick Chse
Rea Rd
Bay Colt RdNettlebrook LnManor TrceP r u it t D r Pony Tail RdGrace RdCanonero DrChadwi
c
k
RdSim m ons H ill R dProvi
dence Lake DrThorntree RunCogburn LnParish RdKent Rd Char
l
o
tt
e Dr Plantation TrceDevonshire Farms Way
Tramore PlCreek PtHaystack LnLouis Rd
Ga
t
e
s
Mill Wa
y Wigton DrAlpha Woods DrSt
r
at
f
or
de Dr
Liberty Grove Rd
P e te rs fo rd W a y
K in g s C o u n ty C tH a llb r o o k L n
Dew Rd Stonebrook Farms DrF o ss il Trc e
Apple Cross DrOld Surrey PlN e tt l e b r o o k
B a y f i e l d C tCogdell Trl
Morningpark CirArcaro Dr
M i l t o n P l
Romanview RdW ilkie RdRelais TrceOn
a
g
h
Ct
Harpley CtVerizon PlCity of Milton Department of IT - GIS Division
Parcels Currently With Existing Convenience Stores / Service StationsCity of Milton
February 2011 0 1 2 30.5 Miles
Gas Station Locations
Gas Station Buffers
0.5 mile Buffer From Existing
1 mile Buffer From Existing
Parcels Currently Permitted for Fast Food Restaurant
Street Centerlines
Rivers & Streams
Lakes & Ponds
Milton City Limits
Fulton County Boundary GA9Highway 9State Hwy 9Cumming HwyN . M a i n S tN. M a i n S t
B e th a n y B e n d
Cogburn RdWind
w
ard Pk
w
y
M c G i n n i s F e r r y R d
Cogburn RdWindward PkwyN ParkMorris RdWebb Rd
Cogburn RdSerenade Ct
Deer TrlBarberry DrBelleterre DrN. Park Ln
Twinrose Pl
Sonata Ln
Bethany Church Rd
Traywick Chse
Rea Rd
Lunetta Ln
Cedar Farms Ct
The H
ermitage Dr
Rib Trl
So n e l ey C t
Flamingo Rd
Alstonefield Dr
D
oe Dr
D e e rfie ld P k w yBethany TrlLathenview Ct
Fairhill PtHopewell CrstA
vensong Village Cir
Weycroft Cir
Sunfish Bnd
R elais T rceBuck WayHarpley CtAventide LnS. Bethany Creek Dr
Red Hart LnRegion TrceLembeth Ct
Deer Creek PlVerizon PlT
a
mma
n
y
P
t
e Sunflower WayBridgett Ct
Marrywood CtN. Bethany Creek Dr
Big Sky Ln
Avensong CrsgC o mm o n w e a l t h Wa y
Oa ks i de C i r
Marrywood DrS to n e H ill P tAurelia Trce
Burren Dr
Gal
ecr
est
Dr
Parkbrook Trce
Cottoneaster LnD e e r V a lle y D r
T w o V e riz o n P lNorthpark Ln Strickland RdJasmine WayD e e rfie ld
D e e rfie ld
575
75
75
85
85
2020
285
285
400
19
Date Created / Modified: 5/23/2011
G:\TaxCommunityDev\GasStationParcelsWithBuffers_bl_v1.mxd
GA372GA9GA1
4
0 Birmingham HwyHighway 9State Hwy 9Birmingham Roswell HwyC u m m in g H w y
Arnold Mill R
d
C r a b a p p le R d N. Main StN . M a in S t Hopewell RdFreemanville RdCogburn RdPr
ovi
dence RdBethany BendBethany RdBirmingham Rd
Windward PkwyNew Providence RdBethany Way
McGinnis Ferry Rd
N e w P r o v id e n c e R d
Cox RdTaylor RdWood Rd
F r a n c i s R d
Mountain Rd
S. Thompson RdKing RdNix Rd
Dorris Rd
Redd Rd
Mayfield Rd
Hamby Rd
Dinsmore Rd
Ebenezer Rd Day RdBatesville R
d
Thompson Rd
N ParkLackey RdWestbrook RdHickory Flat Rd
Henderson RdCr
e
e
k
Cl
u
b
Dr
Morris RdBrittle RdSummit Rd
Glenover Dr
Giff DrRowe RdLongstreet Rd
Holly RdCagle Rd
M ilto n P tWatsons BndPhillips RdDarby RdGreen Rd
Ki
ng Cir
School DrTullgean DrWhite Columns Dr
New Bullpen Rd
Manor Bridge Dr
Carney Rd
Neese Rd
Et
ri
s RdWebb Rd
Triple Crown Dr
Hagood RdPhillips Cir
McFarlin Ln
Sable Ct
Glencreek WayTimber PtCowart RdLa n d r um R dValmont LnQuayside Dr
Arabian Ave Northwood DrLaconia LnHeritage Pass
Rolling Link s D r
Autumn ClseSeabiscuitClarity RdDeer TrlBurgess RdE. Bluff RdBarberry DrBelleterre DrN. Valley TrlManor
Cl
ub Dr
Club CirHighgrove RdL e c o m a Tr c e Colonial LnMajestic CvChampions Clse
L
i
v
e
l
y
Rd
Donegal LnBasnett DrD e e rfie ld P k w y
Foxhollo
w R
un
P
u
c
k
e
tt Rd
N. Park LnOld Chadwick Ln
Sweet Apple RdBethany Oaks PteFreemanwood Ln
N . F i e l d s P a s s
Providence WayOwens Lake Rd Twinrose Pl
S o n a t a L nTurtle CrkSaddlesprings DrDover RdBrookshade Pkwy
Black Oak Rd
Laurel Grove DrHeydon HallBrea
m
Dr
Traywick Chse
Rea Rd
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Harpley CtVerizon PlCity of Milton Department of IT - GIS Division
Parcels Currently With Existing Fast Food RestaurantsCity of Milton
February 2011 0 1 2 30.5 Miles
Fast Food Restaurants
Fast Food Restaurant Buffers
0.5 mile Buffer From Existing
1 mile Buffer From Existing
Parcels Currently Permitted for Fast Food Restaurant
Street Centerlines
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19
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 Mayor and City Council (First Presentation –
June 6, 2011, Work Session – June 13, 2011)
Agenda Item: RZ11-11 – To Amend the City of Milton Zoning Ordinance to revise the
“Definitions” Section of the Zoning Ordinance (Section 64-1)
Background:
Based on previous discussions with Council and Planning Commission, staff has introduced
various changes to the C-1 and C-2 permitted uses section and general use restrictions in the
zoning ordinance. These changes have resulted in the need for additional definitions to clarify
any new uses are being introduced concurrently under separate items. Also by Planning
Commission request all C-1 and C-2 permitted uses have been fully outlined in the proposal.
Discussion:
Based on the discussion of the April 26, 2010 Planning Commission meeting staff has prepared
new definitions for all by right permitted uses in both the C-1 and C-2 zoning districts. These
definitions are noted in the attached draft as changes in blue. Please note that the original
language deferring interpretation to the Webster’s Collegiate dictionary has been fixed to the
eleventh edition. Most of the new definitions have been reproduced from that edition unless not
specified. In those cases, care has been taken to redact common definitions paired with
definitions found in other jurisdictions used specifically for planning interpretation purposes.
Note that some definitions refer to other sections of the Milton City Code whether they are more
fully specified (i.e. liquor and package stores, bail bondsmen).
Finally, staff reviewed those uses that were typically excluded from approved commercial
rezoning and found many of those uses are considered “objectionable” by other similar
jurisdictions. Those uses include: fortune tellers, massage parlors, pool halls, escort and dating
services, and tattoo, body art, or body piercing establishments. Please pay particular attention
to those new definitions with an eye for narrowly construing those uses to avoid unintended
exclusions.
At the May 24, 2011 Planning Commission meeting, additional small edits were recommended
and are reflected in the text. In addition, the Planning Commission recommended that an
additional definition be created for “commercial equipment” and the second paragraph of
“commercial vehicle” be deleted to provide additional clarity to the definition of “commercial
vehicles”. Staff has included the following new definition for “commercial equipment” for your
review.
Page 1 of 2
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
Page 2 of 2
“commercial equipment means any equipment or machinery used in a business trade or
industry, including but not limited to: earth-moving equipment, trenching or pipe-laying
equipment, landscaping equipment, mortar and concrete mixers, portable pumps, portable
generators, portable air compressors, pipes, pool cleaning equipment and supplies, and any
other equipment or machinery similar in design or function. However, equipment and machinery
for business use kept within enclosed vehicles are not included.”
Recommendation:
Based on this analysis, staff recommends the text changes as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table this text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
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Page 1 of 39
Sec. 64-1. - Definitions.
(a)
Scope. Words not defined herein shall be construed to have the meaning given by Merriam-
Webster's Collegiate Dictionary, eleventh edition or later edition.
(b)
Use and interpretation. The following shall apply to the use of all words in this zoning ordinance:
(1)
Words used in the present tense shall include the future tense.
(2)
Words used in the singular shall include the plural and vice versa.
(3)
The word "shall" is mandatory.
(4)
The word "may" is permissive.
(5)
The nouns "zone," "zoning district" and "district" have the same meaning and refer to the
zoning districts established by this zoning ordinance.
(6)
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended
for," "maintained for" and "occupied for."
(c)
Terms.
Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers,
mechanical penthouses, heating and air conditioning units and pads, exterior ladders, storage tanks,
processing equipment, service yards, storage yards, exterior work areas, loading docks, maintenance
areas, dumpsters, recycling bins, and any other equipment, structure or storage area located on a roof,
ground or building.
Addition to an existing building means any walled and roofed expansion to the perimeter of a
building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled
and roofed addition, which is connected by a firewall or is separated by independent perimeter loadbearing
walls, is new construction.
Adjoin means to have a common border with. The term "adjoin" also means coterminous,
contiguous, abutting and adjacent.
Administrative minor variance. See Variance.
Administrative modification means a change to an approved condition of zoning that constitutes
only a technical change and does not involve significant public interest as determined by the director of
community development.
Administrative variance. See Variance.
Adult bookstore means an establishment or facility licensed to do business in the city having a
minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the following
materials:
(1)
Books, magazines, periodicals, or other printed matter, or photographs, films, motion
pictures, videocassettes, CDs, DVDs or other video reproductions, or slides or other
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visual representations which are characterized by the depiction or description of
"specified sexual activities" or "specified anatomical areas," as defined herein; or
(2)
Instruments, devices, novelties, toys or other paraphernalia that are designed for use in
connection with "specified sexual activities" as defined herein or otherwise emulate,
simulate, or represent "specified anatomical areas" as defined herein.
Adult entertainment means permitting, performing, or engaging in live acts:
(1)
Of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or genitals;
(2)
Of displaying of any portion of the areola of the female breast, or any portion of his or her
pubic hair, cleft of the buttocks, anus, vulva or genitals;
(3)
Of displaying of pubic hair, anus, vulva, or genitals; or
(4)
Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy,
bestiality, oral copulation, flagellation.
None of these definitions shall be construed to permit any act which is in violation of any county or state
law.
Adult entertainment establishment.
(1)
The term "adult entertainment establishment" means any establishment or facility
licensed to do business in the city where adult entertainment is regularly sponsored,
allowed, encouraged, condoned, presented, sold, or offered to the public.
(2)
The term "adult entertainment establishment" does not include traditional or mainstream
theater which means a theater, movie theater, concert hall, museum, educational
institution or similar establishment or facility which regularly features live or other
performances or showings which are not distinguished or characterized by an emphasis
on the depiction, display, or description or the featuring of "specified anatomical areas" or
"specified sexual activities" in that the depiction, display, description or featuring is
incidental to the primary purpose of any performance. Performances and showings are
regularly featured when they comprise 90 percent of all performances or showings.
Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light
structures and other alternative designed support structures that camouflage or conceal antennas as an
architectural or natural feature.
Amateur radio antenna means radio communication facility that is an accessory structure to a
single-family residential dwelling operated for noncommercial purposes by a Federal Communication
Commission licensed amateur radio operator. The term "antenna" includes both the electronic system and
any structures it is affixed to for primary support.
Antenna means any exterior apparatus designed for telephone, radio, or television
communications through the sending or receiving of electromagnetic waves.
Apartment means a building which contains three or more dwelling units either attached to the
side, above or below another unit. The term "apartment" also refers to a dwelling unit attached to a
nonresidential building. (See Dwelling, multifamily.)
Appeal means a request for relief from a decision made by:
(1)
The director of community development;
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(2)
Other department directors;
(3)
The board of zoning appeals; and
(4)
The city council.
Applicable wall area means the wall on which a wall sign is attached, including all walls and
windows that have the same street or pedestrian orientation. All open air spaces shall be excluded from the
applicable wall area.
Applicant means a property owner or his or her authorized representative who has petitioned the
city for approval of a zoning change, development permit, building permit, variance, special exception or
appeal, or any other authorization for the use or development of their property under the requirements of
this zoning ordinance, or a person submitting a post-development stormwater management application and
plan for approval.
Application means a petition for approval of a zoning change, development permit, building permit,
variance, special exception or appeal, or any other authorization for the use or development of a property
under the requirements of this zoning ordinance.
Art Gallery means a room or building devoted to the exhibition of works of art.
Assembly Hall means a room or building typically accommodating the gathering of persons for
deliberation, legislation, worship or entertainment.
Attic means an unheated storage area located immediately below the roof.
Automobile and light truck sales/leasing means a facility used primarily for the retail sales and
leasing of new or used cars, and trucks.
Automotive garage means a use primarily for the repair, replacement, modification, adjustment, or
servicing of the power plant or drive-train or major components of automobiles and motorized vehicles.
(1)
The term "automotive garage" does not include the repair of heavy trucks, equipment and
automobile body work.
(2)
The outside storage of unlicensed and unregistered vehicle is prohibited as part of this
use. (See Automotive specialty shop and Service station.)
Automotive parking lots See “Parking lot”.
Automotive specialty shop.
(1)
The term "automotive specialty shop" means a use which provides one or more
specialized repair sales and maintenance functions such as the sale, replacement,
installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock
absorbers, instruments (such as speedometers and tachometers), radios and sound
systems or upholstery for passenger cars, vans, and light trucks only.
(2)
The term "automotive specialty shop" does not include:
a.
Any private or commercial activity which involves auto/truck leasing, painting,
repair or alteration of the auto body; or
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b.
Any repair, replacement, modification, adjustment, or servicing of the power
plant or drive-train or cooling system be permitted, except that minor tune-ups
involving the changing of spark plugs, points or condenser, including engine
block oil changes, are permitted. (See Repair garage (automotive, truck and
heavy equipment) and Service station).
Babysitting means a service in which shelter, care, and supervision are provided for four or fewer
children below the age of 12 years on an irregular basis.
Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for
compensation, and who are licensed as provided in Article V. Professional Bondsmen, of the Milton City
Code.
Banner.
(1)
The term "banner" means any sign of lightweight fabric or similar material that is either
with or without frame and hung or mounted to a pole, building or other background by
one or more edges.
(2)
The term "banner" does not include flags.
Basement means the lower level of a building having a floor-to-ceiling height of at least 6½ feet
and a portion of its floor subgrade (below ground level) on at least one side. See also Cellar.
Beacon means any light with one or more beams directed into the atmosphere or directed at one
or more points not on the same lot as the light source; also any light with one or more beams that rotate or
move.
Bed and breakfast inn means a residence in which the frequency and volume of visitors are
incidental to the primary use as a private residence and where guestrooms are made available for visitors
for fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for the
room. Use is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit.
Berm means a planted earthen mound.
Billboard means a sign which advertises services, merchandise, entertainment or information
which is not available at the property on which the sign is located.
Boardinghouse means a residential use other than a hotel or motel in which lodging may be
provided to nonhousehold members and which includes the provision of meals.
Body Art or Piercing establishment See “Tattoo and Body Art or Piercing establishment”.
Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages
or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for
consumption on the premises and solely in draft form.
Buffer, state water, means an area along the course of any state waters to be maintained in an
undisturbed and natural condition.
Buffer, tributary, means a protection area adjoining the tributaries of the Chattahoochee River.
Tributary buffer specifications are contained in Part D of each prospective land use section of the tree
ordinance (chapter 60).
Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility
crossings, which is set aside to achieve a visual barrier between the use on the lot and adjacent lots and
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uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the
director of community development or his or her designated agent when sparsely vegetated. Clearing of
undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of
community development or his or her designated agent.
Buildable area means the portion of a parcel of land where a building may be located and which
shall contain enough square footage to meet the minimum required by the zoning district. The term
"buildable area" means that portion of a parcel of land which is not located in the:
(1)
Minimum setbacks;
(2)
Utility corridors;
(3)
Driveways;
(4)
Slopes to build streets;
(5)
Tree save areas;
(6)
Landscape strips;
(7)
Specimen tree areas;
(8)
State water buffers;
(9)
Tributary buffers;
(10)
Zoning buffers;
(11)
Wetlands;
(12)
Stormwater; and
(13)
Sanitary sewer easements.
Building means any structure with a roof, designed or built for the support, enclosure, shelter, or
protection of persons, animals, chattels, or property of any kind.
Building code means the technical codes approved for enforcement or otherwise adopted or
adopted as amended by the city under the Georgia Uniform Codes Act, which regulate the construction of
buildings and structures.
Building line means one which is no closer to a property line than the minimum yard (setback)
requirements.
Building permit means a written permit that allows construction issued by the building official.
Business.
(1)
The term "business" means a use involving retailing, wholesaling, warehousing, outside
storage, manufacturing or the delivery of services regardless of whether payment is
involved.
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(2)
The term "business" does not include uses which are customarily incidental (accessory)
to another use.
Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building
or is freestanding.
Car wash, accessory, means a customarily incidental use of an attached or detached bay for
cleaning vehicles.
Car wash, principal, means a primary or main use which provides space for cleaning vehicles.
Catering, carry out or delivery of prepared foods means to provide prepared foods and/or service
off-site of the preparation facility whether by paid delivery or self-service collection. This does not include
the delivery of packaged foods for individual sale.
Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height
below the average finished grade of the adjoining ground on all sides, or with a floor-to-ceiling height of less
than 6½ feet. See also Basement.
Cemetery, human, means the use of property as a burial place for human remains. Such a
property may contain a mausoleum.
Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a
property may contain a mausoleum.
Check cashing establishment means any establishment licensed by the state pursuant to
O.C.G.A. § 7-1-700 et seq.
Church, temple or place of worship means a facility in which persons regularly assemble for
religious ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot,
accessory structures and uses such as minister's and caretaker's residences, and others uses identified
under the provisions for administrative and use permits.
City means the City of Milton, Georgia.
Clear cutting means the removal of all vegetation from a property, whether by cutting or other
means, excluding stream buffer requirements.
Clinic means a use where medical examination and treatment is administered to persons on an
outpatient basis. No patient shall be lodged on an overnight basis.
Club means a nonprofit social, educational or recreational use normally involving:
(1)
Community centers;
(2)
Public swimming pools or courts;
(3)
Civic clubhouses;
(4)
Lodge halls;
(5)
Fraternal organizations;
(6)
Country clubs; and
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(7)
Similar facilities.
Club, neighborhood, means any club operated for recreation and social purposes solely by the
residents of a specific neighborhood or community.
Commercial amusement/indoor means a use where recreational activity such as movie theaters,
arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational
amusements are conducted within a building.
Commercial amusement/outdoor means a use where recreational activity such as skating rinks,
batting cages, miniature golf, drive-in theaters, skating rinks, and other recreational activities or
amusements that are conducted outside a building.
“Commercial Vehicle” means any vehicle or motorized equipment that has two (2) or more of the
following characteristics:
(1) exceeds a gross vehicle weight rating (GVWR) of eleven thousand (11,000) pounds,
(2) is regularly used in the conduct of a business, commerce, profession, or trade,
(3) exceeds seven (7) feet in height from the base of the vehicle to the top,
(4) exceeds twenty (20) feet in length,
(5) has more than 2 axles,
(6) has more than 4 tires in contact with the ground,
(7) used, designed and built to carry more than 8 passengers,
(8) designed to sell food or merchandise directly from the vehicle or trailer itself,
(9) bears signs, logos or markings identifying the owner or registrant, a trade, business,
service or commodity.
The following types of vehicles shall all be considered commercial vehicles: step vans, box trucks, flat bed
or stake bed trucks, buses, semi trailers, tractor trailers, dump trucks, wreckers and trailers used for
commercial purposes. The following types of equipment shall also be considered commercial vehicles:
earth moving equipment, mortar or concrete mixers, trenching, pipe laying equipment or other similar type
of construction equipment.
Composting.
(1)
The term "composting" means a processing operation for the treatment of vegetative
matter into humuslike material that can be recycled as a soil fertilizer amendment, such
as:
a.
Trees;
b.
Leaves; and
c.
Plant material.
(2)
The term "composting" does not include:
a.
Organic animal waste;
b.
Food;
c.
Municipal sludge;
Comment [r1]: The PC has recommended this
paragraph be deleted and the following new
definition for “commercial equipment” be adopted:
commercial equipment means any equipment or
machinery used in a business trade or industry,
including but not limited to: earth‐moving
equipment, trenching or pipe‐laying equipment,
landscaping equipment, mortar and concrete
mixers, portable pumps, portable generators,
portable air compressors, pipes, pool cleaning
equipment and supplies, and any other equipment
or machinery similar in design or function. However,
equipment and machinery for business use kept
within enclosed vehicles are not included.
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d.
Solid waste; and
e.
Other nonfarm or vegetative type wastes.
Concurrent variance. See Variance.
Condominium means a form of ownership distinguished by the absence of individual lots or lot
lines and utilizing instead a system of ownership whereby the dwelling or other units are individually owned
but where land outside of the building walls is held in common and maintained by a condominium
association in accordance with O.C.G.A. § 44-3-70, known and cited as the "Georgia Condominium Act."
Construction material means building materials and rubble resulting from the construction,
remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other
structures. The term "construction material" includes, but is not limited to, asbestos containing waste, wood,
bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible
wastes which have a low potential for groundwater contamination.
Convalescent center/nursing home/hospice.
(1)
The term "convalescent center/nursing home/hospice" means a state-licensed use in
which domiciliary care is provided to convalescing chronically or terminally ill persons
who are provided with food, shelter and care and not meeting the test of family.
(2)
The term "convalescent center/nursing home/hospice" does not include hospitals, clinics,
or similar institutions devoted primarily to the diagnosis and treatment of the sick or
injured.
Convenience store.
(1)
The term "convenience store" means a use offering a limited variety of groceries,
household goods, and personal care items, always in association with the dispensing of
motor fuels as an accessory use.
(2)
The term "convenience store" does not include vehicle service, maintenance and repair.
Convenient location and time means suitable time and easily accessible place for applicants to
meet with interested parties to discuss rezoning and use permit petitions.
Council means the City of Milton, Georgia, mayor and city council.
Country inn means a facility, with the owner or innkeepers residing on the premises, where
guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is
distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner.
Courtyard means an open air area, other than a yard, that is bounded by the walls of a building.
(1)
Used primarily for supplying pedestrian access, light, and air to the abutting buildings.
(2)
Site furniture, lighting and landscaping are appropriate.
(3)
Vehicular access allowed for unloading and loading only.
(4)
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No vehicular parking or vehicular storage is allowed.
Crematorium means a facility for the reduction of remains to ashes by incineration.
Cul-de-sac means a street having only one connection to another street, and is terminated by a
vehicular turnaround.
Curb cut means a connection between a roadway and a property for vehicular access. Curb cut
applies to access regardless of the existence of curbing.
Cutoff means a luminaire light distribution where the emission does not exceed 2.5 percent of the
lamp lumens at an angle of 90 degrees above nadir and does not exceed ten percent at a vertical angle of
80 degrees above nadir.
Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens does
not numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100
(ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles
around the luminaire.
Day care facility means a use in which shelter, care, and supervision as provided for seven or
more persons on a regular basis away from their residence for less than 24 hours a day. A day care facility
may provide basic educational instruction. The term "day care facility" includes:
(1)
Nursery school;
(2)
Kindergarten;
(3)
Early learning center;
(4)
Play school;
(5)
Preschool; and
(6)
Group day care home.
Day care home, family. See Family day care home.
Day-night average sound level (DNL) means the 24-hour average sound level, in decibels,
obtained from the accumulation of all events with the addition of ten decibels to sound levels in the night
from 10:00 p.m. to 7:00 a.m. The weighing of nighttime events accounts for the usual increased interfering
effects of noise during the night, when ambient levels are lower and people are trying to sleep. DNL is a
weighted average measured in decibels (db).
Deck means a structure abutting a dwelling with no roof or walls except for visual partitions and
railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation
abovegrade for use as an outdoor living area.
Delicatessen means a store where ready to eat food products, typically meats and salads, are
sold.
Department means the department of community development.
Department director or director means the community development director.
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Design professional of record means the licensed professional whose seal appears on plats or
plans subject to these regulations.
Development, duplex, means a development of duplexes.
Development, multifamily means a development of multifamily dwelling units on a single lot of
record.
Development of regional impact (DRI) study means a review by the Atlanta Regional Commission
and the Georgia Regional Transportation Authority of large-scale projects that are of sufficient size that they
are likely to create impacts beyond the jurisdiction in which each project will be located.
Development permit standards means requirements established for each administrative and use
permit such as setbacks, access, landscape and buffer areas, hours of operation, etc.
Development, single-family, means a development of single-family dwelling units, with each
dwelling unit including accessory structures, on a separate lot of record.
Development standards means dimensional measurements as specified in zoning districts relating
to such standards as yard setbacks, lot area, lot frontage, lot width, height and floor area.
Development, townhouse, means a development of townhouse dwelling units.
Distribution line means a pipeline other than a gathering or transmission line.
District, nonresidential, means a term used to identify all districts except single-family dwelling
districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, includes AG-1.
District, residential, means a term which applies to all single-family dwelling districts, all apartment
districts, R-6, TR, MHP and residential portions of a CUP, excludes AG-1.
Drainage facility means a facility which provides for the collection, removal and detention of
surface water or groundwater from land by drains, watercourse or other means.
Drive-in/up restaurant means a restaurant designed for customers to park and place and receive
food orders while remaining in their motor vehicles.
Drive-in Theater means an establishment laid out such that patrons may enter and park to view a
motion picture while remaining in their vehicle.
Driveway means a vehicular accessway.
Dwelling means any building or portion thereof which is designed for or used for residential
purposes for periods of more than 30 consecutive days.
Dwelling, duplex, means a structure that contains two dwelling units.
Dwelling, multifamily.
(1)
The term "multifamily dwelling" means a structure containing three or more dwelling units.
(2)
The term "multifamily dwelling" does not include:
a.
Townhouses;
b.
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Triplexes; or
c.
Quadruplexes.
Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one
or two walls with an adjoining unit.
Dwelling, triplex, means a building containing three dwelling units, each of which has direct access
to the outside or to a common hall.
Dwelling unit means one or more rooms constructed with cooking, sleeping and sanitary facilities
designed for and limited to use as living quarters for one family.
Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit
by any means.
Dwelling unit, townhouse, means a dwelling unit in a row of at least three such units in which each
unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is
separated from any other unit by one or more vertical common walls.
Engineer means a registered, practicing engineer, licensed by the state.
Environmentally adverse means any use or activity which poses a potential or immediate threat to
the environment and is physically harmful or destructive to living beings as described in the Executive
Order 12898 regarding environmental justice.
Environmentally stressed community means a community exposed to a minimum of two
environmentally adverse conditions resulting from:
(1)
Public and private municipal uses:
a.
Solid waste and wastewater treatment facilities;
b.
Utilities;
c.
Airports; and
d.
Railroads; and
(2)
Industrial uses:
a.
Landfills;
b.
Quarries; and
c.
Manufacturing facilities.
Escort and Dating Services means any business whothat arranges a meeting between an
escort under its employment and a client for entertainment or companionship for a fee.
Family.
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(1)
The term "family" means one or more persons related by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship, or up to four unrelated
persons, occupying a dwelling unit and living as a single housekeeping unit.
(2)
The term "family" does not include persons occupying a roominghouse, boardinghouse,
lodginghouse, or a hotel.
Family day care home means a home occupation in which shelter, care, and supervision are
provided for six or fewer persons on a regular basis. A family day care home may provide basic educational
instruction.
Farm means:
(1)
A parcel of land which is used for the raising of animals (including fish) on a commercial
basis, such as:
a.
Ranching;
b.
Dairy farming;
c.
Piggeries;
d.
Poultry farming; and
e.
Fish farming;
(2)
A facility for the business of boarding or renting horses to the public; or
(3)
A site used for the raising or harvesting of agricultural crops such as wheat, field forage
and other plant crops intended for food or fiber.
Fast food restaurant. See Restaurant, fast food.
Financial Establishment means an establishment for the custody, loan, exchange, or issue of
money, for the extensions of credit, and for facilitating the transmission of funds.
Flag lot means a lot where frontage to a public street is provided via a narrow strip of land forming
a pole or stem to the buildable portion of the lot.
Flea market and second hand surplus retailers means an establishment selling secondhand
articles, antiques, curios and cut-rate merchandise, typically outdoors and in individually rented stalls.
Flood lamp means a form of lighting designed to direct its output in a specific direction with a
reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the
manufacturers and are typically used in residential outdoor area lighting.
Floodlight means a form of lighting designed to direct its output in a diffuse, more or less specific
direction, with reflecting or refracting elements located external to the lamp.
Floodplain management terms. The following definitions apply to sections of the zoning ordinance
on floodplain management:
(1)
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As-built drawings means plans which show the actual locations, elevations, and
dimensions of the improvements as certified by a professional engineer or a licensed
surveyor in the state.
(2)
Base flood means the flood having a one percent chance of being equaled or exceeded
in any given year the 100-year flood.
(3)
Base flood elevation (BFE) means the highest water surface elevation anticipated at any
given point during the base flood.
(4)
Development means any manmade change to improved or unimproved real estate
including, but not limited to, buildings or other structures, such as mining, dredging, filling,
grading, paving, excavation or drilling operations.
(5)
Federal Emergency Management Agency (FEMA) means the federal agency which
administers the National Flood Insurance Program. This agency prepares, revises and
distributes the maps and studies adopted under sections 64-258 through 64-315
(6)
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland waters or the unusual
and rapid accumulation of runoff of surface waters from any source.
(7)
Flood elevation study means an examination, evaluation, and determination of flood
hazards and, if appropriate, corresponding water surface elevations.
(8)
Flood boundary and floodway map means an official map of Fulton County on which
FEMA has delineated the various flood boundaries, the floodway fringe, and the
floodways.
(9)
Flood fringe means that area contained by the flood boundaries exclusive of the
regulatory floodway.
(10)
Flood insurance rate map (FIRM) means the official map of Fulton County on which
FEMA has delineated the risk premium zones.
(11)
Flood insurance study (FIS) means a compilation of flood-related data obtained from the
flood studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA.
(12)
Floodplain means lands subject to flooding, which have a one percent probability of
flooding occurrence in any calendar year; the 100-year floodplain is shown on the Flood
Boundary and Floodway Map. The term "floodplain" is also referred to as area of
moderate flood hazard.
(13)
Floodprone area means areas shown on the flood insurance rate map as "Zone B" (zone
where the contributing drainage area is less than one square mile) and which are
determined by the public works department to be a hazard to adjacent properties or
development in the event of the base flood.
(14)
Floodproofing means any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities, structures and their contents.
(15)
Floodway. See Regulatory floodway.
(16)
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Freeboard means a factor of safety usually expressed in feet above a flood level for
purposes of floodplain management.
(17)
Functionally dependent use means a use which cannot perform its intended purpose
unless it is located or carried out in close proximity to water.
(18)
Intermediate regional flood (IRF) elevation. See Base flood elevation.
(19)
Lowest floor means the lowest minimum floor including basement and attached garage.
(20)
Map means the flood boundary and floodway map or the flood insurance rate map.
(21)
Mean sea level means, for purposes of floodplain management, the National Geodetic
Vertical Datum (NGVD) of 1929.
(22)
Mobile home. See Mobile home.
(23)
Mobile home park/mobile home subdivision means a parcel (or contiguous parcels) of
land divided into two or more mobile home lots for rent or sale for which the construction
of facilities for servicing the lot on which the mobile home is to be affixed (including at a
minimum the installation of utilities, either final site grading or the pouring of concrete
pads and construction of streets) was completed on or after April 5, 1972.
(24)
NGVD means the National Geodetic Vertical Datum.
(25)
New structure means any proposed structure which does (did) not have a valid building
permit prior to the effective date of this (amendment) ordinance.
Note—This resolution was adopted on March 11, 1955. Records suggest that floodplain
management provisions were first adopted on April 5, 1972.
(26)
Regulatory floodway means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
(27)
Riverine means relating to, formed by, or resembling a river (including tributaries),
stream, or brook.
(28)
Special flood hazard area means those lands subject to periodic flooding and shown on
the flood insurance rate map as a numbered or unnumbered "A" zone.
(29)
Start of construction means the first placement of permanent construction of a structure,
excluding a mobile home, on a site, such as the pouring of slabs or footing or any work
beyond excavation.
a.
The term "start of construction" includes for any structure, except a mobile
home, which has no basement or poured footings, the first permanent framing or
assembly of the structure or any part thereof on its park or mobile home
subdivision. For a mobile home, the term "start" means the date on which the
mobile home is to be affixed (including, at a minimum, the construction of
streets, either final site grading or the pouring of pads, and installation of
utilities) is completed.
b.
The term "permanent construction" does not include:
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1.
Land preparation, such as clearing, grading, and filling;
2.
The installation of streets and walkways;
3.
Excavation for a basement, footings, piers or foundations, and the
erection of temporary forms; or
4.
The installation of accessory buildings, such as garages and sheds,
apart from the main structure.
(30)
State coordinating agency means the floodplain management coordinator of the state
department of natural resources.
(31)
Structure means all walled and roofed buildings, storage tanks and other structural
improvements located principally above ground.
(32)
Water surface elevation means the relationship between the projected heights and the
NGVD reached by floods of various magnitudes and frequencies in the floodplains.
Floor area, gross, means the sum of all floors of a structure as measured to the outside surfaces
of exterior walls or the center of connected or common walls.
(1)
The term "gross floor area" includes:
a.
Common public areas, such as lobbies, restrooms and hallways; and
b.
Spaces devoted exclusively to permanent mechanical systems, permanent
storage areas, stairwells and elevator shafts.
(2)
The term "gross floor area" does not include:
a.
Internal parking and loading areas;
b.
Attics;
c.
Porches;
d.
Balconies; and
e.
Other areas outside of the exterior walls of the building.
(3)
Gross floor area is used to determine the building sizes for all but single-family dwellings
and to determine required parking when floor area is the designated measure for a use.
The term "gross floor area" is commonly referred to as floor area.
Floor area, ground, means the heated floor area of the first story of a building above a basement
or, if no basement, the lowest story.
Floor area, heated.
(1)
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The term "heated floor area" means the sum of all heated area of a dwelling or dwelling
unit, as appropriate, measured to the inside surfaces of exterior walls.
(2)
The term "heated floor area" does not include:
a.
Porches;
b.
Balconies;
c.
Attics;
d.
Basements (finished or unfinished);
e.
Garages;
f.
Patios; and
g.
Decks.
Floor area, net.
(1)
The term "net floor area" means the sum of all floors of a structure as measured to the
outside surfaces of exterior walls.
(2)
The term "net floor area" does not include:
a.
Halls;
b.
Stairways;
c.
Elevator shafts;
d.
Attached and detached garages;
e.
Porches;
f.
Balconies;
g.
Attics with less than seven feet of headroom;
h.
Basements;
i.
Patios; and
j.
Decks.
Floor area, net leasable, means the gross floor area less the common public areas.
Footcandle means a unit of measure for illuminance on a surface that is everywhere one foot from
a point source of light of one candle, and equal to one lumen per square foot of area.
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Fortune telling establishment means all persons, firms or corporations desiring to engageengaging
in the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or
related practices for a charge or by donation.
Fuel oil means a liquid petroleum product that is burned in a furnace for the generation of heat or
used in an engine for the generation of power. The term "fuel oil" includes oil that may be:
(1)
A distilled fraction of petroleum;
(2)
A residuum from refinery operations;
(3)
A crude petroleum; or
(4)
A blend of two or more of the oils in subsections (1) through (3) of this definition.
Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an
angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically
exceed 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral
angles around the luminaire.
Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it
emits no light above the horizontal plane of the fixture.
Funeral Home means an establishment with facilities for the preparation of the dead for burial or
cremation, for the viewing of the body, and for funerals.
Garage, automobile repair See “Repair garage, automobile”
Garden center means a business whose primary operation is the sale of seeds and organic and
inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale or
transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other limited
retail accessory products for gardening and landscaping.
Gasoline station means a commercial retail establishment for the dispensing and distribution of
automotive fuels with or without a retail convenience store.
Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current
production facility to a transmission line or main.
Glare means the sensation produced within the visual field by luminance that is sufficiently greater
than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual
performance and visibility.
Golf course means a use of land for playing the game of golf.
(1)
The term "golf course" includes a country club and a driving range as an accessory use.
(2)
The term "golf course" does not include miniature golf.
Governmental facility means a building or institution provided by the government to care for a
specified need, such as a courthouse or county jail.
Grade means the average elevation of the finished surface of the ground adjacent to all sides of
any structure.
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Gravel road means an unpaved road surfaced with gravel material that is constructed and
maintained to function as an all-weather surface for vehicular and pedestrian travel.
Green space means permanently protected land and water, including agricultural and forestry
land, that is in its undeveloped, natural state or that has been developed only to the extent consistent with,
or is restored to be consistent with, one or more of the following goals:
(1)
Water quality protection for rivers, streams, and lakes;
(2)
Flood protection;
(3)
Wetlands protection;
(4)
Reduction of erosion through protection of steep slopes, areas with erodible soils, and
stream banks;
(5)
Protection of riparian buffers and other areas that serve as natural habitat and corridors
for native plant and animal species;
(6)
Scenic protection;
(7)
Protection of archaeological and historic resources;
(8)
Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running,
jogging, biking, walking, and similar outdoor activities; and
(9)
Connection of existing or planned areas contributing to the goals set out in this definition.
Group residence for children means a dwelling unit or facility in which fulltime residential care is
provided for children under the age of 17 years as a single housekeeping unit. A group residence must
comply with applicable federal, state and local licensing requirements. A group residence may not serve the
purpose of, or as an alternative to, incarceration.
Group residence/shelter.
(1)
The term "group residence/shelter" means a state-licensed 24-hour residential facility
functioning as a single housekeeping unit for the sheltered care of persons with special
needs which, in addition to providing food and shelter, may also provide some
combination of personal care, social or counseling services and transportation. Bedroom
suites shall not include kitchen facilities.
(2)
The term "group residence/shelter" does not include those facilities which exclusively
care for children under the age of 17 years.
Guesthouse means a detached accessory dwelling unit located on the same lot with a single-
family dwelling unit. A guesthouse may be only used by relatives, guests or employees that work on the
property without payment for rent.
Gymnasium means a room or building used for various indoor sports and physical fitness and/or
usually equipped with gymnastic apparatus, includingwith spectator accommodations, locker and shower
rooms, classrooms, and/or swimming pools.
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Hardship means the existence of extraordinary and exceptional conditions pertaining to the size,
shape, or topography of a particular property, because of which the property cannot be developed in strict
conformity with the provisions of this zoning ordinance.
Health club/Spa means a commercial establishment havingwhose members who pay a fee to use
its health and fitness facilities and equipment. Health clubs may include a gymnasium, however shall
notThis definition does not include residential or subdivision amenities areas.
Height means the vertical distance measured from the finished grade along all walls of a structure
to the highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge
for gable, hip and gambrel roofs.
Historic period lighting means commercial lighting with an architectural design from the late 19th
and early 20th centuries.
Home occupation means an accessory use of a dwelling unit for business, operated by members
of the resident family only. (See section 64-213.)
Home schooling means the practice of teaching one's own children at home in accordance with
O.C.G.A. §§ 20-2-690 and 20-2-690.1.
Hoop stress means a causation of internal and external pressure loading on the pipe.
Hospital means the provision of inpatient health care for people, including:
(1)
General medical and surgical services;
(2)
Psychiatric care and specialty medical facilities; and
(3)
Outpatient facilities.
Hotel, apartment, means a use which provides individual units which include cooking facilities, and
which are used for temporary lodging to persons not related to the owner for fewer than 30 days.
Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days.
The term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a
tourist court, motor lodge and inn.
IESNA means the Illuminating Engineering Society of North America, a nonprofit professional
organization of lighting specialists that has established recommended design standards for various lighting
applications.
Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated
surface, measured in footcandles.
(1)
Horizontal illuminance applies to a horizontal surface.
(2)
Vertical illuminance applies to a vertical surface.
(3)
The term "average illuminance" means the level of illuminance over an entire illuminated
target area.
(4)
The term "maximum illuminance" means the highest level of illuminance on any point
within the entire area.
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(5)
The term "minimum illuminance" means the lowest level of illuminance on any point
within the entire area.
Illuminance levels.
(1)
The term "illuminance levels" means illuminance levels and footcandles noted in this
zoning ordinance.
(2)
The term "illuminance levels" also means the illuminance levels occurring just prior to
lamp replacement and luminaire cleaning.
(3)
The average illuminance level applies to an entire illuminated target area.
(4)
Minimum and maximum illuminance levels apply to small areas within the entire
illuminated target area. Unless otherwise noted, illuminance levels refer to horizontal
illuminance levels.
Illumination.
(1)
The term "direct illumination" means illumination which is projected from within a sign,
building, etc.
(2)
The term "indirect illumination" is illumination which is projected onto a sign, building, etc.
Improvement setback means an area adjacent to a zoning buffer in which no improvements and
structures shall be constructed. No development activity such as tree removal, stump removal or grinding,
land disturbance or grading is permitted without the approval of the director of community development
department.
Industrialized building means a building manufactured in accordance with the Georgia
Industrialized Building Act (O.C.G.A. §§ 8-2-110—8-2-112) and the Rules of the Commissioner of the
Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state
building and construction codes and bear an insignia of approval issued by the commissioner.
Institutional uses include:
(1)
Schools;
(2)
Colleges;
(3)
Vocational schools;
(4)
Hospitals;
(5)
Places of worship;
(6)
Asylums;
(7)
Museums; and
(8)
Other similar uses or facilities.
Junk facility. See Salvage/storage/junk facility.
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Kennel means a use for the shelter of domestic animals where the shelter of these animals
involves an exchange of revenue in which a business license is required. If the kennel is a nonbusiness
operation, its use may be certified by the Fulton County Animal Control Office.
Lamp means the component of an outdoor luminaire that produces light.
Land disturbance permit means a permit issued by the community development department that
authorizes the commencement of alteration or development of a given tract of land or the commencement
of any land disturbing activity.
Land disturbing activity means any alteration of land which may result in soil erosion from water or
wind and the movement of sediment into water or onto lands including, but not limited to:
(1)
Clearing;
(2)
Dredging;
(3)
Grading;
(4)
Excavating;
(5)
Transporting; and
(6)
Filling.
Landfill, inert waste disposal means a disposal facility, accepting only waste that will not or is not
likely to cause production of leachate of environmental concern by placing an earth cover thereon.
(1)
The term "inert waste" means:
a.
Earth and earthlike products;
b.
Concrete;
c.
Cured asphalt;
d.
Rocks;
e.
Bricks;
f.
Yard trash;
g.
Stumps;
h.
Limbs; and
i.
Leaves.
(2)
The term "inert waste" does not include other types of industrial and demolition waste not
specifically listed in subsection (1) of this definition. Refer to the rules concerning solid
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waste management of the Georgia Department of Natural Resources, Environmental
Protection Division, as amended, for further definition.
Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous
waste disposed of by placing an earth cover thereon. The term "solid waste" includes waste from domestic,
agricultural, commercial and industrial sources. Refer to the rules concerning solid waste management of
the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further
definition.
Landscape architect means a registered, practicing landscape architect licensed by the state.
Landscape strip means an area required by this zoning ordinance or by conditions of zoning which
is reserved for the installation and maintenance of plant materials.
Landscaping business means a business whose primary operation is the sale or storage of
organic or inorganic materials, plants, mulch, pine straw, or other limited related accessory products for the
landscape industry or the storage or use of associated landscape vehicles.
Landscape business means a business providing the services described herein at off-site
locations. While most of the actual landscape activity occurs off-site, the business owner’s property may
be approved for equipment storage, parking, material storage and a building or buildings for storage and
plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation;
mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees,
shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground
covers; the installation of stone, brick and block walkways and retaining walls; and the temporary storage of
plant trimmings.
Large-scale retail/service commercial development means a retail/service commercial
development with at least one large-scale retail structure but no more than four such structures whether
freestanding or combined.
Large-scale retail/service commercial structure means an individual retail/service commercial
structure that is 75,000 square feet or greater. This size threshold refers to an individual establishment and
its associated outdoor areas used for display and storage.
Laundromat means any commercial laundry where coin-operated or other self-service
washing machines are available to individual customers.
Laundry and dry cleaning plant distribution center means an establishment performing the dry
cleaning and laundering processes on site with or without walk-in facilities and typically sending laundered
products out to separate pick up sites.
Laundry and dry cleaning shop means a commercial establishment whose business is the
cleansing of fabrics with non-aqueous organic solvents and may include laundering off-site.
Lawful use means any use of lots or structure which is not in violation of any existing federal, state
or local law, statute, regulation or ordinance.
Lawn service business means a commercial establishment providing lawn care, maintenance and
propagation for a fee. These services are provided at off-site locations.
Library means a place set apart to contain books and other literary material for reading, study, or
reference, for use by members of a society or the general public.
Light, direct, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or
through the refractor or diffuser lens, of luminaire.
Comment [lt2]: Please note that this new
definition was approved and included by City
Council on May 16, 2010.
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Light, fully shielded, means outdoor light fixtures shielded or constructed so that no light rays are
emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report.
Light, indirect, means direct light that has been reflected or has scattered off of other surfaces.
Loading space means an area within the main building or on the same lot, which provides for the
loading, or unloading of goods and equipment from delivery vehicles.
Lodge and/or retreat/campground means a facility allowed with a use permit which provides
space, food and/or lodging facilities for social, educational or recreational purposes.
Lot means the basic lawful unit of land, identifiable by a single deed. A group of two or more
contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The
terms "lot," "tract" and "parcel" are synonymous.
Lot, corner, means a multiple frontage lot adjoining two streets at their intersection.
Lot frontage means the shortest property line adjoining a street or, for lots requiring no street
frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as
frontage unless it is proposed for access or is the only street frontage. Front yard requirements shall be
measured from this property line. In situations where a multiple frontage lot has equal distance on street
frontages, the director of community development shall determine the legal lot frontage.
Lot line, front, means a lot line which extends the entire length of an abutting street from
intersecting property line to intersecting property line. The front lot line of a corner lot abuts the street which
adjoins the lot for the shortest distance.
Lot line/property line means a line established through recordation of an approved plat, or a deed
in the absence of a platting requirement, which separates a lot from other lots, or a lot from rights-of-way.
Lot line, rear, means, generally, the lot line opposite and most distant from the front lot line. For a
pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the most distant from the
front lot line, not less than 20 feet long, and wholly within the lot. True triangular lots do not have rear lot
lines. Lots with more than one front lot line do not have rear lot lines. The director of the community
development department or his or her designee shall make the final determination of rear lot lines when in
dispute or undefined by this definition.
Lot line, side, means a lot line which is not a rear or front lot line.
Lot, multiple frontage, means lots adjoining more than one street.
Lot, nonconforming. See. Nonconforming lot, use or structure.
Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded
in the official records of the clerk of superior court.
Lot, unlawful, means any lot-of-record which, at the time of recordation in the official records of the
clerk of superior court, was not in compliance with zoning and subdivision laws in effect at that time.
Lot width, minimum, means the least dimension required along the building line specified for each
district, parallel to the lot frontage and measured between side lot lines.
Luminaire means a complete lighting system and includes a lamp and a fixture.
Luminaire height means the vertical distance from the ground directly below the centerline of the
luminaire to the lowest direct-light-emitting part of the luminaire.
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Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and
appearance which may include:
(1)
Painting;
(2)
Bulb replacement;
(3)
Panel replacement;
(4)
Letter replacement; and
(5)
Repair of electrical components and structural reinforcements to its original condition.
Manufactured home.
(1)
The term "manufactured home" means a structure, transportable in one or more sections,
which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more
in length or, when erected on site, is 320 or more square feet and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities and includes the plumbing, heating,
air conditioning, and electrical systems contained therein.
(2)
The term "manufactured home" includes any structure which meets all the requirements
of this definition except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the secretary of housing and urban
development and complies with the standards established under the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et
seq.
Manufactured home installation means the construction of a foundation system and the placement
or erection of a manufactured home or a mobile home on the foundation system. The term "manufactured
home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such
home and connecting multiple or expandable sections of such home.
Marquee means any permanent rooflike structure projecting beyond a building or extending along
and projecting beyond the wall of the building used for advertising or identification.
Massage Parlor means any building, structure, or place, other than a regularly licensed and
established hospital or dispensary, whose principal business is to practice nonmedical or non surgical
manipulative exercises or devices upon the human body manually or otherwise by any person other than a
licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or
without the use of therapeutic, electrical, mechanical or bathing devices.
Massing means varying the massing of a building and includes varying the surface planes of the
building:
(1)
With porches, balconies, bay windows, and overhangs;
(2)
By stepping-back the buildings from the second floor and above; or
(3)
By breaking up the roofline with different elements to create smaller compositions.
Comment [lt3]: See comment below. This
would allow the provision of massage as an
accessory use to other uses – salon, etc.
However it does effectively disallow a “spa” per se.
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Medical related lodging means a use which provides temporary lodging for family members of a
hospitalized patient.
Millinery means an establishment for the crafting, production and, or sale of headwear.
Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other
mineral resources whenever such severance and removal is not conducted in conjunction with a permitted
development activity.
Mini-warehouse means a structure or group of structures containing separate spaces/stalls which
are leased or rented on an individual basis for the storage of goods.
Minor variance. See Variance.
Mobile home means a structure, transportable in one or more sections, which, in the traveling
mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320
or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with
or without a permanent foundation when connected to the required utilities and includes the plumbing,
heating, air conditioning, and electrical systems contained therein; and manufactured prior to June 15,
1976, or otherwise does not comply with the standards established under the National Manufactured
Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.
Mobile home park.
(1)
The term "mobile home park" means use of property for two or more mobile homes for
living purposes, and spaces or lots set aside and offered for use for mobile homes.
(2)
The term "mobile home park" does not include mobile home sales lot.
Model home means a dwelling unit used for conducting business related to the sale of a
development.
Modification means an application requesting change to an approved condition of zoning or use
permit, except for conditions that pertain to a change in use, increase in density, and increase in height.
Modular building. See Industrialized building.
Modular home means a dwelling manufactured in accordance with the Georgia Industrialized
Building Act. See Industrialized building.
Mortuary See “Funeral Home”.
Motel. See Hotel/motel.
Multi-tenant means two or more businesses that provide goods and services within separate
structures located on the same site or within the same structure that provides wall separation and private
access for each business.
Museum means an institution devoted to the exhibition, procurement, care, study and display of
objects of lasting interest or value.
NADIR means the point directly below the luminaire defined as zero degrees vertical angle.
Nonconforming (grandfathered) lot, use or structure means a use, lot or structure that was
nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11, 1955, or
subsequent amendments thereto, or created by deed between March 11, 1955 and September 21, 1967,
(adoption of the subdivision regulations), and does not now meet the minimum requirements of the district
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in which it is located. Also, a use, lot or structure which has been made nonconforming by some county or
state action. Any change or addition to a use, lot or structure must comply with current provisions of this
zoning ordinance.
Nursing home.
(1)
The term "nursing home" means a use in which domiciliary care is provided to three or
more chronically ill nonfamily members who are provided with food, shelter and care.
(2)
The term "nursing home" does not include:
a.
Hospitals;
b.
Clinics; or
c.
Similar institutions devoted primarily to the diagnosis and treatment of the sick
or injured.
(3)
A convalescent center, nursing home and personal care home are further distinguished in
administrative and use permit provisions.
Off-premises means a location outside of the subject lot for a designated use.
Off-site premises means the location of a structure or use outside the lot-of-record of the subject
development, including the adjoining street or other right-of-way.
On-premises means the individual lot-of-record on which the use is located.
On-site premises means the location of a structure or use within the confines of a property
delineated by property lines or, if referenced in a zoning or use permit case, within the confines of the
boundaries of the legal description filed with the petition.
Office, temporary, means a mobile, manufactured or other structure which is used as an office for
real estate sales, on-site construction management and related functions. Requires an administrative
permit under temporary structures.
Office, permanent, means a room or building wherein a professional person conducts business,
typically performing a service for another.
Open space means a portion of a site which is permanently set aside for public or private use and
will not be developed. The space may be used for passive or active recreation or may be reserved to
protect or buffer natural areas.
(1)
The term "open space" includes wooded areas other than required landscape strips and
buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands,
etc.
(2)
The term "open space" does not include detention facilities and platted residential lots.
Ordinance means this City of Milton Zoning Ordinance.
Outparcel (spin-site) means a portion of a larger parcel of land generally designed as a site for a
separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a
larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for
the larger parcel.
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Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the
original consumer container, typically sold directly to the final consumer and not for resale. See Section 4-1
of the Milton City Code.
Parcel. See Lot.
Parking lot means an off-street area which is used for the temporary parking of vehicle. whether
paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi-
story facility.
Parking garage/deck see “Parking lot”.
Parking space means an area designated for the parking of one vehicle on an all-weather surface.
No more than two carport or garage spaces may offset the minimum parking requirements in a single-family
residential district. (Specifications included in article VIII.)
Path means a cleared way for pedestrians and bicycles that may or may not be paved or
otherwise improved.
Pawnshop means a business that lends money at interest on personal property deposited with the
lender until redeemed.
Personal care home/assisted living.
(1)
The term "personal care home/assisted living" means a state-licensed use in which
domiciliary care is provided to adults who are provided with food, shelter and personal
services.
(2)
The term "personal care home/assisted living" does not include:
a.
Hospitals;
b.
Convalescent centers;
c.
Nursing homes;
d.
Hospices;
e.
Clinics; or
f.
Similar institutions devoted primarily to the diagnosis and treatment of the sick
or injured.
Personal services, stand alone, means those buildings specifically designed and used for
providing personal grooming, and hygiene services.
Pet grooming means caring for the appearance of domesticated animals kept for pleasure,
including bathing and brushing services.
Photography studio means a room or building used for the setting and background of professional
commercial photography.
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Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or
combustible products, or any of their derivative products are conveyed or intended to be conveyed.
Plans review means the act of reviewing plans and specifications to ensure that proposed
undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently
utilized to determine that work and materials are in accordance with approved plans and specifications.
Plant nursery.
(1)
The term "plant nursery" means any land used to raise trees, shrubs, flowers and other
plants for sale or transplanting.
(2)
The term "plant nursery" does not include:
a.
The retail sale of any related garden supplies such as chemical fertilizer, tools
and other similar goods and equipment; or
b.
The retail sale of plants not grown on the property.
Plat, final, means a finished drawing of a subdivision which provides a complete and accurate
depiction of all legal and engineering information required by the subdivision regulations (chapter 50).
Certification is necessary for recording.
Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient
detail to clearly indicate its feasibility, but is not in final form for recordation pursuant to the subdivision
regulations (chapter 50).
Plumbing shop associated with retail sales means a commercial establishment used primarily for
the sale of plumbing and lighting equipment, and supplies.
Pool Hall means any public place including three or more pool tables where a person is permitted
to play the game of billiards and for which a charge is made for use of equipment or for which no charge is
made for use of equipment and where alcoholic beverages are being served.
Porch means a roofed open structure projecting from the exterior wall of a building and having at
least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner
except by insect-screening between floor and ceiling.
Primary variance. See Variance.
Printing shop means a commercial establishment where copying, reproduction and other business
services are performed.
Prison/correctional facility.
(1)
The term "prison/correctional facility" means a public or state-licensed private owned
buildings, and all accessory uses and structures, used for long-term confinement housing
and supervision of persons who are serving terms of imprisonment for violation of
criminal laws.
(2)
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The term "prison" is distinguished from a jail, in that a prison is considered to be larger
and for longer terms, and is normally operated under the authority or jurisdiction of the
state or federal government. (See section 64-1826, private correctional facility.)
Property, when used in conjunction with an application for rezoning, means an area of land
composed of less than one lot, or of accumulations of one or more lots, or parts thereof.
Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel
required to remain in open space, all areas required as landscape strips and buffers (including zoning
buffers, state water buffers and tributary buffers) and all tree save areas according to:
(1)
The provisions of this zoning ordinance;
(2)
Conditions of zoning;
(3)
Use permit or variance approval; and
(4)
The tree preservation ordinance (article III of this zoning ordinance).
Radio and television station means an installation consisting of one or more transmitters or
receivers, used for radio and, or television communications. This definition includes broadcasting
organizations and/or studios organizations.
Recreation fields means an outside area designed and equipped for the conduct of sports and
leisure time activities including, but not limited to:
(1)
Softball;
(2)
Soccer;
(3)
Football; and
(4)
Field hockey.
Recreational court, private.
(1)
The term "private recreational court" means an improved area designed and intended for
the playing of a game or event such as basketball or tennis, and which serves a single-
family dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling
types, including such improved areas which are owned and/or controlled by a
neighborhood club or similar organization.
(2)
The term "private recreational court" does not include a basketball goal adjoining a
driveway of typical residential driveway dimensions.
Recreational court, public, means an improved area designed and intended for the playing of a
game or event such as basketball or tennis, and is operated as a business or as a club unless such club is
a neighborhood club or similar organization identified under the definition Recreational court, private.
Recreational facilities includes:
(1)
Parks;
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(2)
Recreation areas;
(3)
Golf courses;
(4)
Playgrounds;
(5)
Recreation counters (indoor and outdoor);
(6)
Playing fields; and
(7)
Other similar uses or facilities.
Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while
traveling. The dimensions of a recreational vehicle shall not exceed a width of 8½ feet and a length of 45
feet.
(1)
The term "recreational vehicle" includes:
a.
A camper;
b.
A motor home; and
c.
A travel trailer.
(2)
The term "recreational vehicle" does not include a mobile home.
Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be
recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may be
principal or accessory to a nonresidential use on nonresidentially zoned property, except AG-1 zoned
properties unless the primary use is a permitted nonresidential use.
Recycling center, processing.
(1)
The term "processing recycling center" means any facility utilized for the purpose of
collecting, sorting and processing materials to be recycled including, but not limited to,
plastics, glass, paper and aluminum materials whenever such use is permitted in M-1 and
M-2 zoning districts.
(2)
The term "processing recycling center" does not include a landfill.
Relocated residential structure means a dwelling which has been removed from one location for
relocation to another lot.
Repair garage, automobile, means a use which may provide a full range of automotive repairs and
services including major overhauls. The term "automobile repair garage" includes paint and body shops.
Repair garage, truck and heavy equipment means a use which may provide a full range of repairs
and services including major overhauls on trucks and heavy equipment. The term "truck and heavy
equipment repair garage" includes paint and body shops.
Repair shop means a commercial establishment where small appliances, electronics and small
motors are restored to working condition.
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Research laboratory means a workplace for the conduct of scientific research.
Residential use/dwelling means any building or portion thereof where one actually lives or has his
or her home. The term "residential use/dwelling" also means a place of human habitation.
Restaurant means a food service use which involves the preparation and serving of food to seated
patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the
restaurant facility. Seating space located outside of the main structure (i.e., patios, decks, etc.) shall not be
included in calculating the seating space. The term "restaurant" includes a cafeteria.
Restaurant, fast food, means a food service establishment which sells food from a counter or
window for consumption on-premises or off-premises. Tables may be provided, and food may be served at
a table, but may not be ordered from a table.
Retail use means a business whose primary purpose is the sale of merchandise to consumers.
Retreat. See Lodge.
Right-of-way means a portion of land over which a local or state government has designated a
right of use.
Roadside produce stand means a use offering either farm-grown, prepared food products such as
fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary
structure. The consumption of food on-site is prohibited.
Roadside vending means the sale of merchandise such as clothing, crafts, household item,
firewood, etc., from a temporary table or cart.
Roominghouse means a residential use other than a hotel or motel in which lodging may be
provided to nonhousehold members for periods of 30 days or longer, and which does not include the
provision of meals.
Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or
junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing in
scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other
building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire
carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage facilities
whether or not all or part of such operations are conducted inside or outside a building or as principal or
accessory uses. State approval is required for all sites utilized for reclamation and disposal of toxic and
hazardous waste.
Scale refers to the relationship of the size of a building to neighboring buildings and of a building
to a site. In general, the scale of new construction should relate to the majority of surrounding buildings.
School, business, music or dance, means an educational institution devoted to a specific field of
learning whether public or private.
School, private, means an educational use having a curriculum at least equal to a public school,
but not operated by the Fulton County Board of Education.
School, special, means an educational use devoted to special education, including the training of
gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton
County Board of Education.
Schools, colleges and universities means any educational facility established under the laws of the
state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or
towns, maintained at the public expense by taxation, and open, usually without charge, to all residents of
the city, town or other district; private schools which have students regularly attending classes and which
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teach subjects commonly taught in these schools of this state; any educational facility operated by a private
organization or local county, or state that provides training or education beyond and in addition to that
training received in grades kindergarten to 12th, including, but not limited to:
(1)
Trade, business and vocational schools; and
(2)
Any institution of higher learning, consisting of an assemblage of colleges united under
one corporate organization or government, affording instruction in the arts and sciences
and the learned professions, and conferring degrees.
Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of
these that is designed to provided a visual and physical barrier.
Seasonal business use means a primary use involving the sale of items related to calendar
holidays, such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside.
Secondary variance. See Variance.
Self-storage/mini means a single-level structure or group of structures containing separate
spaces/stalls and which are leased or rented to individuals for the storage of goods.
Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a
single roof that are leased or rented.
Senior housing means a single-family or multifamily development intended for, operated for and
designed to accommodate residents 55 years of age and older. Senior housing communities are designed
for seniors to live on their own, but with the security and conveniences of community living. Some provide
communal dining rooms and planned recreational activities (congregate living or retirement communities),
while others provide housing with only minimal amenities or services.
Service commercial use means a business whose primary purpose is to provide a service.
Service line means a distribution line that transports natural gas from a common source of supply
to:
(1)
A customer meter or the connection to a customer's piping, whichever is farther
downstream; or
(2)
The connection to a customer's piping if there is no customer meter.
The term "customer meter" means the meter that measures the transfer of gas from one operator to a
customer.
Service station means a use which provides for the sale of motor vehicle fuels and automotive
accessories, and which may provide minor repair and maintenance services. A service station shall be
limited to four or fewer bays excluding no more than one attached or detached bay for washing cars.
Setback means a space between a property line and a building or specified structure.
Setback, minimum, means the minimum yards as specified in the various use districts. A minimum
required space between a property line and a structure. An area identified by a building line.
Sidewalk means a paved area designated for pedestrians which is constructed in accordance with
city standards.
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Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and
reflecting conditions of zoning approval, various requirements of state law, and zoning ordinances and
other applicable ordinances.
Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit
requests, which is drawn to scale and reflects the various requirements of state law and of city ordinances.
A preliminary site plan must be drawn to scale and shall contain information listed for such a plan as
prescribed by the community development department.
Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public
right-of-way.
Special event.
(1)
The term "special event" means an event or happening organized by any person or
organization which will generate or invite considerable public participation and spectators
for a particular and limited purpose of time including, but not limited to:
a.
Special sales and service promotions;
b.
Car shows;
c.
Arts and crafts shows;
d.
Horse shows;
e.
Carnivals, festivals, exhibitions, circuses and fairs;
f.
Show houses; and
g.
Tours of homes for charity.
(2)
Special events are not limited to those events conducted on the public streets but may
occur entirely on private property.
(3)
Special events may be for profit or nonprofit.
(4)
Special events which will occur in the public right-of-way, such as roadway footraces,
fundraising walks, bikeathons, parades, etc., are subject to the approval of the city police
department.
Specified anatomical areas means less than completely and opaquely covered human genitals,
pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; and
human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse or sodomy; or
(3)
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Fondling or other erotic touching of human genitals, pubic regions, buttocks or female
breasts.
Spill light means the light that illuminates surfaces beyond the intended area of illumination caused
by the uncontrolled direct light component from the luminaires.
Stadium means a large open or enclosed structure used for sports and other major events and
partly or completely surrounded by tiers of seats for spectators.
Story.
(1)
The term "story" means a portion of a building between the surface of any floor and the
floor or space above it;
(2)
The term "story" does not include basements and attics.
Story, half, means a heated and finished area below a roof, one or more of the vertical walls of
which are less than normal ceiling height for the building.
Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be
public or they may be private if specifically approved by the community development department as part of
a subdivision plat or approved through the privatization process.
(1)
Public streets means rights-of-way used for access owned and maintained by the federal,
state, or local government.
(2)
Private streets means roadways and parallel sidewalks similar to and having the same
function as a public street, providing vehicular and pedestrian access to more than one
property, but held in private ownership (as distinct from a driveway). Private streets are
constructed to city standards but owned and maintained by a private entity. Necessary
easements for ingress and egress for police, fire, emergency vehicles and all operating
utilities shall be provided. Should the city ever be petitioned to assume ownership and
maintenance of the private streets prior to dedication of the streets, they must be brought
to acceptable city standards subject to the approval of the director of public works.
(3)
Stub-out streets means streets having one end open to traffic and being temporarily
terminated at the other. Stub-outs generally do not have, but may be required to have, a
temporary vehicular turnaround. This temporary termination is to provide connectivity to
future developments and may be constructed without curb and gutter provided such stub-
out street meets the standards of the fire department.
(4)
Driveway means a vehicular access way in private ownership, other than a private street,
which provides access primarily to only one property or project, or to no more than three
single-family detached residences.
(5)
Roadway.
a.
The term "roadway" means the paved or graveled portion of a street from back
of curb to back of curb (or edge of pavement to edge of pavement for streets not
having curbs).
b.
The term "roadway" does not include driveway aprons, bridges, and large single
and multi-cell culverts which in a hydrologic sense can be considered to function
as a bridge.
(6)
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Freeway means any multi-lane roadway having full access control and separation of
directional traffic. A freeway accommodates large volumes of high speed traffic and
provides efficient movement of vehicular traffic for interstate and major through travel.
(7)
Principal arterial means any roadway that has partial or no access control and is primarily
used for fast or heavy traffic. Emphasis is placed on mobility rather than access to
adjacent land.
(8)
Minor arterial means any roadway that has partial or no access control and is primarily
used for interconnectivity of major arterials and places more emphasis on access to
adjacent land over mobility than principal arterials.
(9)
Collector road means any roadway that has partial or no access control and has more
emphasis on access to adjacent land over mobility than arterials. The primary purpose is
to distribute trips to and from the arterial system to their destination points and allow
access to the local roads.
(10)
Local road means any roadway that has no access control and places strong emphasis
on access to adjacent land over mobility while service to through traffic is discouraged.
(11)
Full access control means that preference is given to through traffic by providing access
connections only with selected public roads and by prohibiting crossing at grade and
direct private connections.
(12)
Partial access control means that preference is given to through traffic to a degree that in
addition to connection with selected public roads, there may be some crossing at grade
and some private connections.
(13)
No access control means that preference is generally given to access to adjacent land
rather than mobility.
Structure.
(1)
The term "structure" means anything built or constructed which occupies a location on, or
is attached to, the ground.
(2)
The term "structure" does not include:
a.
Driveways;
b.
Surface parking lots;
c.
Patios; and
d.
Similar paved surfaces.
Structure, accessory, means a subordinate structure, customarily incidental to a principal structure
or use and located on the same lot.
(1)
Examples of accessory structures in single-family dwelling districts include outbuildings,
such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos,
guesthouses, storage sheds, detached garages and detached carports, etc.
(2)
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Text Amendment RZ11‐11 for the Mayor and City Council Meeting on June 20, 2011
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The term "accessory structure" does not include:
a.
Fences and retaining walls;
b.
Driveways;
c.
Surface parking lots;
d.
Patios, and similar paved surfaces.
Structure, principal, means a structure in which the principal use or purpose on a property occurs,
and to which all other structures on the property are subordinate. The term "principal" is synonymous with
the terms "main" and "primary."
Subdivision means the division of land into two or more lots. The term "subdivision" also means a
development consisting of subdivided lots.
Surface, all-weather, means any surface treatment, including gravel, which is applied to and
maintained:
(1)
So as to prevent:
a.
Erosion;
b.
Vehicle wheels from making direct contact with soil, sod or mud; and
(2)
Which effectively prevents the depositing of soil, sod or mud onto streets from areas
required to be so treated.
Swimming pool, private, means a recreation facility designed and intended for water contact
activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or combinations
of dwelling types, including pools which are owned and controlled by a neighborhood club or similar
organization.
Swimming pool, public, means a recreation facility designed and intended for water contact
activities which is operated as a business or as a club unless such club is associated with a neighborhood
club or similar organization.
Tattoo and Body Art or Piercing establishment means any establishment whose principal
businesss activity, either in terms of operation or as held out to the public, is performing the practice of
physical body adornment by artists using but not limited to the techniques of body piercing and tattooing.
For the purposes of this code, the definition does not include ear piercing or body painting with pigments
that are temporary in nature.
Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping
center or development which the primary sign identifies.
Theater means a building or area designed primarily for showing performing arts or motion
pictures.
Thoroughfare, major, means any street which is classified in the transportation element of the
comprehensive plan as either a freeway, an arterial or a major collector.
Comment [lt4]: Note use of the word “principal”
which may allow tattoo as part of permanent
cosmetics within another venue.
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Text Amendment RZ11‐11 for the Mayor and City Council Meeting on June 20, 2011
Page 37 of 39
Thoroughfare, minor, means any street which is classified in the transportation element of the
comprehensive plan as a minor collector or local street.
Tinsmithing shop means an establishment wherein tin ware, sheet metal or other light metals are
formed or repaired.
Tower means any structure that is designed and constructed primarily for the purpose of
supporting one or more antennas, including self-supporting lattice towers, guyed towers and monopoles but
not alternative antenna support structures.
(1)
The term "tower" includes radio and television transmission towers, microwave towers,
common carrier towers, cellular telephone towers and the like.
(2)
The term "tower" does not include amateur radio antenna.
Transfer station means a facility used to transfer solid waste from one transportation vehicle to
another for transportation to a disposal facility or processing operation.
Transmission line means a pipeline other than a gathering line that:
(1)
Transports fuel oil/liquid petroleum product from a gathering line or storage facility (tank
farm) to a distribution center or storage facility (tank farm); or
(2)
Transports fuel oil/liquid petroleum product within a storage field.
Trespass light means the off-site spill light that illuminates beyond the property boundaries in
which the light fixture is installed, where it is neither wanted nor needed.
Truck terminal means a primary use of property where trucks/trailers are either temporarily stored,
maintained or based. Trucks/trailers shall have current registration and license plates with decal. (Permitted
M-2 heavy industrial district.)
Use means the purpose or function arranged or intended for a structure or property.
Use, accessory, means a subordinate use which is customarily incidental to the principal use of a
lot, and which is located on the same lot as a principal use.
Use permit means a permit approved by the city council, pursuant to a public hearing, which
authorizes a use which must meet certain standards which exceed the requirements of the district as-a-
whole.
Use, principal, means the primary or main purpose or function of a lot or structure. The term
"principal" is synonymous with the terms "main" and "primary."
Variance.
(1)
Administrative minor variance means a variance to the minimum district yard
requirements of not more than one foot, granted administratively by the director of
community development.
(2)
Administrative variance means a request:
a.
For relief from the standards contained in article XVII, development regulations;
b.
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Text Amendment RZ11‐11 for the Mayor and City Council Meeting on June 20, 2011
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To reduce the ten-foot improvement setback adjacent to buffers; or
c.
For a ten percent reduction of parking spaces as required in section 64-1413
(3)
Concurrent variance means a request for a primary variance concurrently with a rezoning
petition, modification or use permit.
(4)
Minor variance means an application requesting deviation from the minimum yard
requirements, not to exceed ten percent of the dimensional requirements.
(5)
Primary variance means an application requesting relief from the standards of the zoning
ordinance, except relief from use, minimum lot area, or minimum lot frontage.
(6)
Secondary variance means an appeal of a decision or action of a department director
authorized to hear a variance request or interpretation of this zoning ordinance.
Vegetative screen means an evergreen planting which, within three years of planting, provides a
100 percent visual barrier between a lot and adjacent lots and uses with a minimum height of six feet. A
vegetative screen is composed of plant materials.
Vehicle, junk or salvage, means any automobile, truck or other vehicle which is missing one of the
following:
(1)
Current registration;
(2)
License plate with current decal;
(3)
Proof of liability insurance; and
(4)
Drivetrain component for more than 30 days.
Veterinary clinic/hospital means a place where animals are given medical care and the boarding of
animals is limited to short-term care incidental to the hospital use.
Video Arcade means any building structure or place where there are operated more than five coin-
operated or self-service bona fide amusement games as that term is defined in O.C.G.A. ss 16-12-35(d).
Waste means materials that are discarded, disposed of or no longer usable.
Waste disposal boundary means the limit of all waste disposal areas, appurtenances, and ancillary
activities including, but not limited to:
(1)
Internal access roads; and
(2)
Drainage control devices.
Waste, hazardous. See Georgia Department of Natural Resources definition.
Waste, solid. See Georgia Department of Natural Resources definition.
Yard means a land area extending between a structure and a lot line.
Yard, front, means a yard abutting any street except the side street on a corner lot. Front yards
extend the entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard
of corner lots shall be applied to the street which abuts the lot for the shortest distance.
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Text Amendment RZ11‐11 for the Mayor and City Council Meeting on June 20, 2011
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Yard, minimum, means the minimum distance between a building or specified structure and a lot
line as specified in the district regulations.
Yard, rear, means the minimum required distance between the rear lot line and a structure. True
triangular lots do not have rear yards. Lots with more than one front lot line do not have rear yards. The
director of community development or his or her designee shall make the final determination of rear yards
when in dispute or undefined by this definition.
Yard, side, means a yard which is not a front or rear yard.
Zero lot line means the location of a building on a lot in such a manner that one or more of the
building's sides rest directly on a lot line, such as "patio homes" or "townhouses."
Zoning conditions means the requirements placed on property by the city council at the time of
approval of a rezoning and use permit.
Zoning modification means an application to change approved zoning conditions on rezonings and
use permits where it has been determined by the director of community development that the requested
change involves a matter of significant public interest.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-11
AN ORDINANCE TO AMEND SECTION 64-1 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO CREATE AND
AMEND DEFINITIONS CONTAINED WITHIN THIS SECTION
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Section 64-1, definitions of the City of Milton Zoning
Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway, Suite 107 Milton, GA 30004
To: Mayor and City Council
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for the June 20, 2011 Mayor and City Council Meeting
(First Presentation – June 6, 2011, Work Session – June 13, 2011)
Agenda Item: RZ11-12 – To Amend the City of Milton Zoning Ordinance to revise the
“Roadside vending” Administrative permit in Section 64-1607 of the Zoning
Ordinance
Background:
One of the follow up items resulting from cleaning up the permitted uses in C-1 and C-2 zoning
districts is the removal of Roadside vending as permitted in the C-1 & C-2 zoning districts.
Discussion:
Based on the previous discussions with City Council and the Planning Commission staff
proposes to remove Roadside vending as an administratively permitted use in the C-1 and C-2
zoning districts.
Recommendation:
Based on this analysis, staff recommends the text change as submitted.
Alternatives:
The Mayor and City Council may approve, deny or table the text amendment.
Concurrent Review:
Chris Lagerbloom, City Manager, Ken Jarrard, City Attorney
DRAFT RZ11‐12 DATE: 05/16/11
Text Amendment RZ11‐12 for the Mayor and City Council Meeting on June 20, 2011
Page 1 of 1
Sec. 64-1607. - Roadside vending.
(a)
Required districts. C-1, C-2, M-1 and M-2.
(b)
Standards.
(1)
No more than two administrative permits shall be granted per year and no permit shall be effective for more
than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the
event. Said permit must be posted on site such that it is visible from the street.
(2)
The hours of operation shall be 8:00 a.m. to 8:00 p.m.
(3)
Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet)
of the activity's location from the site's property lines and other minimum distance requirements as specified
by this section shall be submitted to the community development department for approval. Said drawing
shall also depict north arrow, curb cuts and traffic patterns.
(4)
The applicant shall provide a notarized written permission statement of the property owner or lease holder of
the subject site to the community development department. A 24-hour contact number of the property owner
or leaseholder shall be provided along with permit application.
(5)
The property on which the roadside vendor is permitted must be located at least 1,500 feet from a
permanent business or another vendor which offers the same or similar merchandise as that of the vendor.
The vendor shall provide names of all established businesses which sell similar or the same merchandise
within 1,500 feet of the proposed vendor site.
(6)
Any vending displays or activity shall maintain a minimum 20-foot setback from the right-of-way and not be
located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum
setback of ten feet from any internal drive or permitted curb cut.
(7)
A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the
roadside vending and shall not occupy the minimum required parking spaces for any other use on site.
(8)
No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a
residential use.
(9)
No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited.
Sales from vehicles are prohibited.
(10)
No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone
booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access
point.
(11)
A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use.
(12)
Signage advertising the vending operation is prohibited.
STATE OF GEORGIA ORDINANCE____
COUNTY OF FULTON RZ11-12
AN ORDINANCE TO AMEND SECTION 64-1607 OF THE CITY OF MILTON ZONING
ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) TO AMEND THE
ROADSIDE VENDING ADMINISTRATIVE PERMIT
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on June 20, 2011 at 6:00 p.m. as follows:
SECTION 1. That the amendment of Section 64-1607, to amend the roadside vending
administrative permit of the City of Milton Zoning Ordinance is hereby adopted and approved;
and is attached hereto as if fully set forth herein, and;
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 20th day of June, 2011
__________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 08-01-03, A RESOLUTION
APPOINTING A MEMBER TO THE CITY OF MILTON BOARD OF ZONING APPEALS
BY APPOINTING A BOARD MEMBER FOR DISTRICT 6.
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on June
6, 2011 at 6:00 pm. as follows:
SECTION 1. That _____ _____ (District 6) is hereby appointed for a term commencing May
16, 2011 and ending on December 31, 2011 and,
SECTION 2. That this Resolution shall become effective upon its adoption.
RESOLVED this the 6th day of June, 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
___________________________
Sudie AM Gordon, City Clerk
(Seal)
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 09-01-69, A RESOLUTION TO
CREATE THE MILTON GROWS GREEN COMMITTEE
AND ITS GOVERNING BOARD AND FOR OTHER DESIGNATED PURPOSES AND
ADDING AN MGG COMMITTEE GOVERNING BOARD MEMBER
BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on
the 6th day of June, 2011 at 6:00 p.m. as follows:
WHEREAS, the City of Milton would like to promote and encourage environmental
responsibility and the efficient use and conservation of natural resources by citizens and
organizations having activities in the City of Milton; and
WHEREAS, MGG governance shall be provided by the Committee’s Governing Board
comprised of thirteen members with one from each Council district of the community, which
shall initially be appointed by majority vote of the City Council, each having experience,
knowledge and/or expertise with environmental and/or conservation issues; and
WHEREAS, after initial appointment of the MGG Committee’s Governing Board, and any new
appointments shall be approved by the City Council based on the recommendation by the
Governing Board; and
WHEREAS, Julie Pinckney representing District 2 is hereby appointed to the MGG
Committee’s Governing Board.
RESOLVED this 6th day of June 2011.
Approved:
____________________________
Joe Lockwood, Mayor
Attest:
_________________________________
Sudie AM Gordon, City Clerk
(Seal)
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Sara Leaders, PE, Transportation Engineer
Date: June 6, 2011 Council Meeting
Agenda Item: Approval of a Resolution to Authorize the Mayor and City Council to Approve
the Submission of a Revised Transportation Enhancement Application to Georgia
Department of Transportation
Background:
Transportation Enhancement (TE) funds are allocated as ten percent within the Surface
Transportation Program of the Federal-aid Highway Program. The requested projects must be
for eligible activities and must be related to the surface transportation system.
In November 2003 Fulton County submitted an application requesting Transportation
Enhancement (TE) funds for a Crabapple Streetscape Phase II project. The county received a TE
grant through Georgia Department of Transportation (GDOT) in 2004 for $500,000 in
construction funds. The federal funds require a local match of at least twenty percent and must
be ready to bid for construction within two years of signing a Memorandum of Understanding
(MOU) with GDOT.
Discussion:
GDOT has requested that the City submit a revised application for the proposed Crabapple
Area TE projects. GDOT will get the application approved by the Congressional District 6 State
Transportation Board Member and then GDOT will issue a MOU. The projects should be ready
to bid for construction within two years of the City signing the MOU.
The Crabapple Streetscape grant previously awarded consisted of streetscape improvements
(sidewalks, decorative lighting, and landscaping) along Crabapple Road, Mayfield Road,
Broadwell Road, and Mid-Broadwell Road. The projects selected for the revised application
includes sidewalk along Mid Broadwell Road, sidewalk and decorative lighting along Mayfield
Road, and decorative lighting along Broadwell Road and Birmingham Highway. These are in
line with the Crabapple Visioning Study, the Milton Comprehensive Transportation Plan, and
planned transportation related projects in the area including Safe Routes to School and
Intersection Improvements.
Attachments:
1. Milton Revised TE project Application
2. Resolution to Authorize the Mayor and City Council to Approve the Submission of a
Revised Transportation Enhancement Application to Georgia Department of Transportation
Application
Unbound Original 8 x 11
Please return to:
Elaine E. Armster
Special Projects Branch Chief
Office of Project Delivery
Georgia Department of Transportation
600 West Peachtree Street, NW
25th Floor
Atlanta, GA 30308
Phone: (404) 631 - 1784
TRANSPORTATION ENHANCEMENT APPLICATION
-------------------------------------------------------------------------------------
Section I – Sponsor Information
Sponsor
City of Milton
Main Contact
Sara Leaders
Contact Title
Transportation Engineer
Phone Number
678-242-2500
Contact Address
13000 Deerfield Parkway
Address Line 2
Suite 107G
City
Milton
State
GA
Zip Code
30004
Section II - Project
County
Fulton
City
Milton
Congressional District
6
GDOT District
7
RDC Region
MPO Region
Atlanta Regional Commission
Project Name
Crabapple Streetscape
Brief Project Description
The project consists of streetscape improvements (sidewalks, decorative lighting, and
landscaping) along Mid Broadwell Rd, Mayfield Rd, Broadwell Rd, and Birmingham Hwy
Describe how this project fits your overall master plan
This project is in line with the recommendations of the Crabapple Visioning Study and the Milton
Comprehensive Transportation Plan
Section VI - Budget
Cost Category Total Cost Federal Funds Local Funds
Design Phase 100,000 100,000
Property Acquisition 25,000 25,000
Construction 500,000 500,000
Total Project Cost 625,000 500,000 125,000
Local matching funds will be provided in the form of:
Local capital program funds
TRANSPORTATION ENHANCEMENT APPLICATION
-------------------------------------------------------------------------------------
Section III – Funds Requested and Local Match
Federal Funds Requested
$500,000
Local Match
$125,000
Total Project Cost
$625,000
Have you previously applied for enhancement funds for this project?
[ ] Yes [X] No
Is this project a continuation of a previously funded enhancement project?
[X] Yes [ ] No
If yes, what is the PI#? 0006652
Is this project on a state highway?
[X] Yes [ ] No
Are there other GDOT projects in the proposed project area?
[X] Yes [ ] No
If yes, what is the project or PI number?
0007313, 0009443
Is property to be acquired for this project?
[ ] Yes [X] No
Section IV – Project Category
Multi-use Facilities
Transportation Aesthetics & Transportation
Facilities
[X] Provision of Facilities for Pedestrians
and Bicycles
[ ] Provision of safety and educational
activities for Pedestrians & Bicycles
[ ] Preservation of Abandoned Railway
Corridors (including their conversion & use
for pedestrian or bicycle trails)
[ ] Tourist & Welcome Center Facilities
[ ] Transportation Museums
[X] Landscape and Other Scenic Beautification
[ ] Control and removal of outdoor advertising
[ ] Acquisition of Scenic Easements or Scenic Sites
[ ] Scenic Byway Program
Historic Preservation Environmental Preservation
[ ] Historic Preservation
[ ] Acquisition of Historic Sites
Rehabilitation & Operation of Historic
Transportation Structures
[ ] Depots [ ] Lighthouses [ ] Canals
[ ] Buildings
[ ] Other Describe:
[ ] Environmental Mitigation to Reduce
Vehicle Caused Wildlife Mortality
[ ] Mitigation of water pollution due to
highway runoff
[ ] Archaeological Planning and Research
Project Location Mid Broadwell Rd (Mayfield to City limits), Mayfield Rd (Mid Broadwell to
Charlotte), Broadwell Rd (Mayfield to City limits), Birmingham Hwy (Mayfield to Milton High
School)
TRANSPORTATION ENHANCEMENT APPLICATION
-------------------------------------------------------------------------------------
Multi-Use Facilities:
Does the project have connection to mass transit or other
transportation modes?
If yes, describe
[ ] Yes [X] No
Are there historical or archaeological sites within project limits?
If yes, describe - Project is proposed to stay within the R/W and would
not impact historical sites
[X] Yes [ ] No
Is there access or proximity to other resources: historic, tourist
attractions, parks, etc?
If yes, describe
[ ] Yes [X] No
Is there an existing pedestrian or bicycle facility in the project area:
sidewalks, bike lanes, etc? See attached map
[X] Yes [ ] No
Transportation Aesthetics & Transportation Facilities:
Is the project located on a state-designated Scenic Byway? [ ] Yes [X] No
If no, is a Scenic Byway Application being prepared for, or currently
being reviewed by GDOT?
[ ] Yes [X] No
If no, is the route being proposed as a Scenic Byway as part of this
enhancement project?
[ ] Yes [X] No
If it is part of a designated or proposed Scenic Byway, is there outdoor
advertising located within the proposed project limits?
[ ] Yes [X] No
If the project is for a welcome center or transportation museum:
Is the facility a new building to be constructed? [ ] Yes [X] No
If no, is the facility in a historic building? [ ] Yes [X] No
Briefly describe how the facility will be used and operated. N/A
Environmental Preservation
Briefly explain how this project meets the eligibility Environmental preservation categories:
TRANSPORTATION ENHANCEMENT APPLICATION
-------------------------------------------------------------------------------------
Historic Preservation
Is the project listed or eligible for listing on the National Register of
Historic Places?
[ ] Yes [X] No
Has a historic or cultural resources survey been conducted in the
vicinity which includes the project resources? If yes, cite:
[ ] Yes [X] No
How does the project tie to surface transportation? N/A
What is the proposed use for the improved property? N/A
Section V – Description of Project
Project Description
The project consists of streetscape improvements along Mid Broadwell Road, Mayfield Road,
Broadwell Road, and Birmingham Hwy. The proposed scope consists of the installation of
concrete sidewalk with curb and gutter on Mid Broadwell Road and Mayfield Road. The project
will include pedestrian decorative lighting on Mayfield Road, Broadwell Road, and Birmingham
Hwy. The project will provide connectivity and continuity to the Crabapple Streetscape, Phase I
project.
Project Benefits
Alternate mode of transportation, safety, better access and connectivity to schools, public
facilities, retail, and restaurants.
TRANSPORTATION ENHANCEMENT APPLICATION
-------------------------------------------------------------------------------------
I understand and acknowledge that the following guidelines must be followed
as it relates to this project.
AASHTO A Policy on Geometric Design of Highways and Bridges
AASHTO Guide for the Development of Bicycle Facilities
AASHTO Guide for the Planning, Design and Operation of Pedestrian Facilities
USDOT/FHWA Guide for Selecting Roadway Design Treatments to Accomodate Bicycles
USDOT/FHWA A Manual on Uniform Traffic Control Devices
GDOT Standart Specifications for Construction of Transportation Systems
GDOT Bike Plan
GDOT Pedestrian & Streetscape Guide
GDOT Scenic Byway Program Requirements
GDOT Scenic Byway Application
GDOT Georgia Scenic Byways Corridor Management Plan Guidelines
The Americans with Disabilities Act
The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation
The Secretary of the Interior's Standards for the Treatment of Historic Properties
The Secretary of the Interior's Standards for the Identification and Evaluation
The Secretary of the Interior's Standards for Survey and Evaluation
The Secretary of the Interior's Standards and Guidelines for Rehabilitation
The Secretary of the Interior's Standards for Historical Documentation
This project must be ready to bid within two years from the date of award letter. Failure to meet
this deadline will subject these funds to reallocation.
SPONSOR
____________________________________ ______________________________________
SIGNATURE TITLE
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO.
A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE
THE SUBMISSION OF A REVISED TRANSPORTATION ENCHANCEMENT
APPLICATION TO GEORGIA DEPARTMENT OF TRANSPORTATION
BE IT RESOLVED by the City Council of the City of Milton, GA while in a council meeting on
June 6, 2011 at 6 p.m. as follows:
WHEREAS: the Georgia Department of Transportation makes available federal funds for
the Transportation Enhancement Program; and
WHEREAS: Fulton County received funding award for a Crabapple streetscape project that
is now within the City of Milton; and
WHEREAS: the City of Milton may apply for and receive funding through this program;
and
WHEREAS: the City of Milton has identified projects within the Crabapple area that are
supported by studies of the area, are not in conflict with planned transportation improvement
projects, and can be ready to bid for construction within two years; and
WHEREAS: the Georgia Department of Transportation is requesting a revised application
for the City of Milton’s proposed projects to submit to the Board Member for approval;
NOW, THEREFORE BE IT SO RESOLVED, this 6th day of June, 2011, by the Mayor and
Council of the City of Milton that the submission of the revised Transportation Enhancement
application to the Georgia Department of Transportation is hereby approved, and the Mayor is
authorized to sign the application as the project sponsor.
RESOLVED this the 6th day of June, 2011.
_______________________________
Joe Lockwood, Mayor
Attest:
___________________________ (Seal)
Sudie AM Gordon, City Clerk
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
To: Honorable Mayor and City Council Members
From: Lynn Tully, AICP, Community Development Director
Date: May 25, 2011 for Submission onto the June 6, 2011 City Council Meeting
Agenda Item:
A Resolution to adopt the City of Milton Draft 2030 Comprehensive Plan: The
Community Agenda as the official comprehensive plan for the City of Milton.
Recommendation:
To approve the 2030 Comprehensive Plan: the Community Agenda as recommended by ARC,
DCA and the Milton Comprehensive Plan Advisory Committee.
Background:
The state of Georgia recommends all municipalities have a local Comprehensive Plan that
describes the vision for its future and states the policies for realistic growth and development
that may occur over a 20 year period. Prior to the City of Milton’s incorporation in 2006, the
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.
During this time, 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 being prepared by the City of Milton under the
current regulations. The Partial Update served as Milton’s Comprehensive Plan in the interim
before the completion of the Community Agenda. The Partial Plan was adopted by the City of
Milton on December 21, 2009.
City of Milton
13000 Deerfield Parkway Suite 107C Milton, GA 30004
Discussion:
CPAC and Community Development 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.
On December 20, 2010, the City of Milton approved a resolution to transmit the Draft
Community Agenda to ARC and DCA. In a letter dated February 22, 2011, the Draft Community
Agenda was determined to be compliant with state regulations and consistent with regional
objectives. CPAC has addressed all the comments provided by ARC, and staff has prepared a
final Community Agenda for adoption. When adopted, the Community Agenda will replace the
Partial Plan Update as the official Comprehensive Plan for the City of Milton.
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.
• 2030 Comprehensive Plan: Community Agenda
• Community Agenda compliance letter dated February 22, 2011.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
City of Milton
2030 Comprehensive Plan
Community Agenda
06-06-2011
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
City of Milton
Mayor and City Council
Mayor Joe Lockwood
Karen Thurman
District 1
Julie Zahner Bailey
District 2
William C. "Bill" Lusk,
P.E.
District 3
Burt Hewitt
(Mayor Pro Tem)
District 4
Joe Longoria
District 5
Alan Tart
District 6
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06- 2011
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
1
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
7
III. Future Development Map and Supporting Narrative 18
IV. Character Areas Map and Supporting Narrative
Birmingham
Arnold Mill
Central Milton
Deerfield
Bethany
Crabapple
Milton Lakes
Sweet Apple
24
V. Future Land Use Map and Supporting Classifications 49
VI. Polices 55
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06- 2011
ii
Part Section Page
VII. Implementation Measures
Implementation Matrix
Short Term Work Program
Long Term and Ongoing Activities
68
VIII. Report of Accomplishments 94
IX. Consistency with Service Delivery Strategy 99
X. Supplemental Plans 106
XI. Glossary 107
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
I. 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: Community Agenda 06-06-2011
I. 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. Respondents also noted wanting more dense
development to remain where it already exists or where it is targeted.
The Community Agenda underscores many of the ideas generated th rough 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: Community Agenda 06-06-2011
I. 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 standards, 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 ou r 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 Commun ity 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: Community Agenda 06-06-2011
I. 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 authorities, 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, common
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: Community Agenda 06-06-2011
I. 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 prospects 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 when
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 pedestri an facilities,
should be made available in each community. Greater use of alternate
transportation should be encouraged.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
I. 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 possibl e 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 attractive, mixed use,
pedestrian-friendly places where people choose to gather for shopping, dining,
socializing, and entertainment.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 7
II. 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.
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.
The development and implementation of commercial design standards for each character
area will enhance community aesthetics.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 8
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: Community Agenda 06-06-2011
II. Community Issues and Opportunities 9
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, specific
geographic boundaries and specified densities to prevent sprawl, and the protection of open
space, woodlands, specimen trees, stream buffers, steep slopes, the night sky, agricultural land
and other 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 as well as
open/green space and woodlands that should be enhanced and promoted.
Plentiful scenic areas, pastoral areas and woodlands are the hallmark of community
character and should be preserved.
Proactive stewardship of the community’s extensive greenspace and woodlands 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: Community Agenda 06-06-2011
II. Community Issues and Opportunities 10
Policies and regulations should protect and enhance current agricultural land by def ining
zoning districts that appropriately differentiate agricultural and residential land uses to
preserve character and limit potential land use conflicts.
Preserve the gravel roads in Milton – along with the larger lots (minimum 3 acres)
required on gravel roads – as a part of the special character of Milton as well as including
this asset as a part of the transportation and recreation plans for the City.
Explore the appropriate use of Transfer of Development Rights as a tool to encourage
redevelopment and infill development within targeted areas while effectively limiting
sprawl and protecting the rural areas.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 11
Community Facilities and Services
The City faces unique challenges and prospects to maintaining 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 high 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 newness 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 village 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 and enhances a sense of community for the City.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 12
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 for 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 acreag es for land-extensive
agricultural and recreational uses as well as a life style choice.
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.
Current development patterns do not consider senior housing and its location relative to
senior services.
Opportunities
Undertaking a comprehensive inventory of current housing stock would enabl e 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.
Identify opportunities to create senior housing in a lifelong community setting that places
senior housing and senior services in close proximity.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 13
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 infrastructure
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 should 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).
The City of Milton can help educate and leverage its unique characteristics for the benefit
of the region and our citizens.
The City should coordinate with Forsyth County, Cherokee County, as wel l as Alpharetta
and Roswell to ensure proper cross jurisdictional planning occurs and potential conflicts
are resolved.
The North Fulton Comprehensive Transportation Plan (NFCTP) was developed through
coordination and cooperation of the cities of North Fulton County. This success should be
leveraged for future transportation investments that benefit all North Fulton cities.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 14
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 as important priorities. All of 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 c ommunity 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 and specimen trees 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/passive recreation programs and recreational areas for the
community.
Opportunities
Development of Birmingham Park according to a master plan with sensitivity to the vision
of Milton’s citizen expectations would provide active/passive 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 with 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.
Develop policy that would mitigate the loss of tree canopy and specimen tre es.
Explore Transfer of Development Rights as a tool to preserve open space.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 15
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 implementing 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 specific to Milton. Subsequently, the City partnered with the
other cities of North Fulton County to develop a North Fulton Comprehensive T ransportation
Plan (NFCTP) in order to produce a common vision and road map for future transportation
investments that benefit all cities of North Fulton County.
Issues
Traffic congestion is a persistent problem within the community.
The city lacks a network of sidewalks, bike lanes, pedestrian and bridle paths, and trails
that would enhance transportation choices.
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 sensitive design to
maintain roadway characteristics – including the protection of our gravel roads.
Policies and regulations can promote localized activity center s 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.
Promote connectivity when evaluating new/existing development, road abandonment,
closures, alternative roadways, etc.
The success of the North Fulton Comprehensive Transportation Plan should be leveraged
for future transportation investments that benefit all North Fulton cities.
Continue to work with organizations such as, but not limited to, PEDS to coordinate safe
routes to school programs and PATH for bike/ped connections.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 16
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.
Proactively work to educate the region and adjacent jurisdictions regarding the value
that Milton’s unique characteristics bring to the entire region with res pect to economic
benefits.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
II. Community Issues and Opportunities 17
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.
Only a small percentage of survey respondents were willing to consider an annual tax increase.
Of those, the amount specified as an acceptable increase was 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 can be difficult to obtain.
City revenues need to fund desired service levels without an increase in taxes on current
residents.
Based on the limited financial analysis of this plan, it appears there would be a potential
shortfall in revenue versus expenses as early as 2013.
The City lacks a long term capital plan.
Opportunities
The city can explore innovative management and governance policies as a result of the
lack of pre-existing bureaucratic commitments.
A financial planning model should be a tool to help evaluate planning alternatives 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.
Modifying expenses is another necessary approach in order to balance fiscal
requirements.
The City should develop a five year capital spending plan that is “base-loaded” with those
capital expenditures that are required to maintain the City’s assets and then identifies
opportunities for growing or enhancing that asset base.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
III. Future Development Map and Supporting Narrative 19
III. 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: Community Agenda 06-06-2011
III. Future Development Map and Supporting Narrative 20
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 Transfer of 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.
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III. Future Development Map and Supporting Narrative 21
Future Development Areas.
There are two areas identified on the Future Develop ment 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 2004. 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 the 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 Master Plans and zoning controls.
The Birmingham Crossroads Master Plan is defined as the area at the intersection of
Birmingham Highway and Birmingham Road/Hickory Flat Road. 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 as
defined in the master plan.
The Crabapple Crossroads Master Plan boundary is significantly larger and 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 and the deviations from the plan
prior to incorporation. 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
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III. Future Development Map and Supporting Narrative 22
residential, though the area is subject to a zoning overlay 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 development1, such as the pattern of most 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. During the Master Planning process, the area
will be thoroughly studied to determine the appropriate land uses. The comprehensive future
land use map in this document does not forecast the future land uses for this area, but will be
amended to reflect the determination of the master plan.
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 (TDR)
program. TDR’s should be aggressively pursued following the adoption of a master plan before
any commercial nodes are considered or allowed to develop so as to ensure the protection of
the more rural areas in Milton. Also, proactively approach the City of Roswell given the shared
territory along Arnold Mill Road (SR 140).
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 live in the area.
1 Strip commercial development refers to a group of commercial (especially retail) establishments located parallel to a road way
and with buildings designed to relate primarily to automobile traffic by facing the road way and including expansive parking in
the front. Typically this type of development has little or no defined end points along the roadway. This design ignores
pedestrian needs and would not be appropriate for an area promoting pedestrian oriented amenities.
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III. Future Development Map and Supporting Narrative 23
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 that should be pursued in the short term.
During the Master Planning process, the area will be thoroughly studied to determine the
appropriate land uses and suggest any amendments to the comprehensive future land use map
in this document.
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IV. Character Areas Map and Supporting Narrative 25
IV. Character Areas Map and Supporting Narrative
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 reflect 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.
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IV. Character Areas Map and Supporting Narrative 26
Birmingham
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 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 Hickory Flat/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. This parkland includes
beautiful viewsheds, woodlands, specimen trees
and some endangered flora and fauna. This park
needs to have a unique approach to take in its
design and development to protect the special
characteristics of this land. There are several
institutional uses including schools and places of
worship in the Birmingham Character Area. The
Birmingham Character Area also includes gravel
roads, waterways, woodlands, specimen trees,
historic areas and structures.
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IV. Character Areas Map and Supporting Narrative 27
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. Build ings are and should be architecturally
integrated with the site and one another, and developed at a sufficient scale to be identified
as 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 proposed 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. A
continued focus on strong development and design
standards, including context sensitive transportation
considerations, remain essential as do the protection
of specimen trees, tree coverage, and the overall
unique setting in which this rural village co-exists.
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.
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IV. Character Areas Map and Supporting Narrative 28
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: Preserve Birmingham Crossroads which was established in the
early 1900s with a general store, school, and several churches that served an adjacent
residential community.
Appropriate Business Objective: Implement the Master Plan for Birmingham Crossroads
which 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: The preservation of rural character typified by open
spaces and limited development, Birmingham Park is included in this Character Area and
should be developed in a way that is in keeping with the unique characteristics of the area.
Environmental Protection Objective: Preserve environmentally sensitive resources, this
Character Area including 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 northwest corner of
the Birmingham Crossroads in a way that is consistent with the development of and access
to Birmingham Park.
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IV. Character Areas Map and Supporting Narrative 29
Sense of Place Objective: Birmingham Crossroads serves as a focal point of small scale
development activity in the northwestern portion of the community intended to serve the
local community. The protection of gravel roads is also important for this character area as
is the protection of the waterways that run through this more rural part of Milton.
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IV. Character Areas Map and Supporting Narrative 30
Arnold Mill
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 Milton Transportation Plan, however, makes it clear that any future
widening of this roadway should be done with context -sensitive design. 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. There is only so much
capacity left in the landfill and there needs to be
proactive plans for this land once that cap acity is met
so that the area can become a community asset.
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
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IV. Character Areas Map and Supporting Narrative 31
allowable uses, similar to Crabapple Crossroads or Birmingham Crossroads including historic
preservation, tree save of woodlands and specimen trees, viewsheds and buffers
transitioning from higher density areas back to residential and agricultural settings.
Planning for development along Arnold Mill/SR 140 must involve the City of Roswell given
that parts of Arnold Mill are adjacent to the City of Roswell.
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
Parks, Recreation & Conservation
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. This designation indicates that a
detailed master plan of the area should be completed before further development of the
area.
Appropriate Business Objective: The Arnold Mill Character Area is currently sparsely
developed, but there are areas appropriate for areas of non-residential development in the
future. Care is taken to ensure appropriate commercial development.
Employment Options Objective: Non-residential development in 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.
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IV. Character Areas Map and Supporting Narrative 32
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 should
be an integral part of this Character Area's Master Plan, particularly with respect to
transportation and design/aesthetics with well defined geographic boundaries and
appropriate transitions back to residential and agricultural areas.
Regional Solutions Objective: A regional solution to development along SR 140/Arnold Mill
is needed due to the jagged nature of adjacent jurisdictional boundaries of Roswell and
Alpharetta in this area.
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IV. Character Areas Map and Supporting Narrative 33
Central Milton
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 characteristics 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
neighborhoods. 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
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IV. Character Areas Map and Supporting Narrative 34
other alternative modes of transportation. Residential developments should consider clustering
to maintain 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.
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IV. Character Areas Map and Supporting Narrative 35
Deerfield
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
apartment units located south of Bethany make this
Character Area one of the main activity centers for the
City of Milton. There are also several single family
subdivision and townhouse developments located within
this area. 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 possible
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. 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
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IV. Character Areas Map and Supporting Narrative 36
development occur in this area only after the Master Plan has been adopted.
The existing patterns of mixed-use development within this Character Area should be
encouraged and expanded. There are a limited number of undeveloped 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 pede strian
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
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IV. Character Areas Map and Supporting Narrative 37
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.
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. 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 Forsyth
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. The North Fulton 2010 Comprehensive
Transportation Plan identifies trail connections between Milton and Forsyth County.
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.
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IV. Character Areas Map and Supporting Narrative 38
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. Given the loss of tree coverage in this area, particular attention should be
given to specimen trees, overall tree coverage and tree canopy. Undist urbed buffers in and
among development - whether that be residential, commercial or office - will remain
essential to this area.
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IV. Character Areas Map and Supporting Narrative 39
Bethany
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 t he 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 adjacent to 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 nei ghborhoods
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. Development in close proximity to the
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 40
new Fulton County high school should be done in a way that ensures appropriate transition
between residentially zoned land and higher density uses.
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 developme nt is relatively new
(within the last 20 years), the existing character and pattern of development should be
respected. Sensitivity to buffers, woodlands, specimen trees, waterways and remaining
agricultural areas within the Bethany Character Area should remain a priority as one way
of helping to protect and uphold the residential component of this area.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 41
Crabapple
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 nonetheless
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: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 42
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
Agricultural District (AG1)
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. The revised master
plan should consider the need for more open space.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 43
Environmental Protection Objective: As a rural village center, future development in
Crabapple will need to be environmentally sensitive.
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: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 44
Milton Lakes
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
Bend 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
limited sewer connections 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 parks that would
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 45
serve the residential neighborhoods that lack such amenities.
Development should be well designed and blend in to 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. Additional pocket parks would benefit the area.
Environmental Protection Objective: Milton Lakes contains water features including lakes,
floodplain and waterways 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: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 46
non-residential uses, but the area should remain predominantly residential. Design
standards should ensure traditional neighborhood development patterns are implemented.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 47
Sweet Apple
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 (north, south and to the west). Horse
farms, pastures and woodlands dominate this Character Area. Two of the equestrian estates in
the City are located in this area as well as Georgia Golf Center - a golf practice facility driving
range. Other uses include churches, estate residential,
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: Community Agenda 06-06-2011
IV. Character Areas Map and Supporting Narrative 48
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.
Page is too large to OCR.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
V. Future Land Use Map and Supporting Classifications 50
V. 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-Family
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: Community Agenda 06-06-2011
V. Future Land Use Map and Supporting Classifications 51
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 residentia l estates including
minimum 3 acre lots on gravel roads.
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: Community Agenda 06-06-2011
V. Future Land Use Map and Supporting Classifications 52
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, housi ng 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 Live/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 and 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: Community Agenda 06-06-2011
V. Future Land Use Map and Supporting Classifications 53
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 mi nimum 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: Community Agenda 06-06-2011
V. Future Land Use Map and Supporting Classifications 54
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
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P u c k e t t R dPuckett R d
Freemanwood LnFreemanwood LnN. Fields PassN. Fields PassHarvey RdHarvey RdBrookshade PkwyBrookshade PkwyBlack Oak RdBlack Oak RdA r c h g a t e C tArchgate C t
Rea RdRea RdG r a c e R dGrace R d
Pruitt DrPruitt DrCanonero DrCanonero DrPony Tail RdPony Tail RdSimmons Hill RdSimmons Hill RdLunetta LnLunetta LnPlantation TrcePlantation TrceRib TrlRib TrlCreek PtCreek PtKnox Hill DrKnox Hill DrOld Cedar LnOld Cedar Ln!(tu85207585207528528528557540019City of Milton Department of IT - GIS DivisionDraft 2030 Future Land Use MapCity of MiltonDecember 2010´0 1 2 3 40.5MilesUS HighwayState HighwayMajor RoadStreetRampRivers & StreamsParcelsLakes & PondsCity BoundariesFuture Land Use 2030 - 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)Date Created or Modified: 4/7/2011G:\TaxCommunityDev\FutureLandUse2030Proposed_bl_v1.mxd
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
VI. Policies 55
VI. 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 as well as commercial density approved, but not yet
built.
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: Community Agenda 06-06-2011
VI. Policies 56
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. Embrace and protect defined geographic boundaries and
defined density levels for specific areas including those with a master plan as well as
other areas not yet planned.
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 decision
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.
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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 Transfer of
Development Rights.
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 s
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 nat ural,
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 ne w
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 air or
water quality impacts.
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VI. Policies 58
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.
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. specimen trees, tree
canopies, woodlands, 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 prefer the retention of existing trees and tree
coverage to new plantings.
Strategy: Ensure existing tree canopy along scenic streets and other public rights of way
are protected.
Strategy: Increase setbacks and undisturbed buffers between roadways and
developments including both residential and commercial.
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
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VI. Policies 59
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.
Strategy: Coordinate programs of Fulton County Water Resources to conserve outdoor
water use.
Strategy: Create and implement a septic tank maintenance program for the unsewered
areas of Milton which are consistent with the lower density areas of the city.
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 and projects including parkland, transportation
projects, etc. to meet “Green” certification standards. Encourage these standards for
private development.
Strategy: Work with the Milton Grows Green (MGG) committee to implement
environmentally responsible policies and practices throughout Milton.
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.) with a sensitivity
towards the unique characteristics of the area in which the park is being developed and
the land itself.
Strategy: Ensure parks and parkland are developed with the city’s mission and vision
statements in mind including the protection of the rural characteristics of Milton as well
as “green” practices and development standards.
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VI. Policies 60
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.
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 barrier 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 i nto
existing school properties to minimize traffic disruption and congestion.
Strategy: Encourage Fulton County Public Schools to locate future facilities that are
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, the
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VI. Policies 61
utilization of “green” standards, access/egress, parking configuration, tree
preservation/replacement review, appropriate buffers and the integration of trailways
where possible.
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 de velopment
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.
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 as defined specifically by the Master Plan for that given area 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 oppor tunities and incentives to sort
plastics, paper, glass, metals and other materials.
Strategy: Require private waste management contractors to provide curbside recycling
options. Encourage and educate recycling throughout the city including the integration
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VI. Policies 62
of development standards that create a recycling pick up location at commercial and
non-commercial sites.
Strategy: Consider the long term alternatives to use of landfills.
4. Housing
4.1. We will accommodate our diverse population by encouraging a compatible 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, including apartments,
town homes, condominiums, and single family homes with smaller footprints on smaller
lots in the Deerfield Character Area.
4.2. We will encourage development of housing opportunities that enable residents to
have easier access to commercial services and empl oyment 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.
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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 initiat ives 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, viewsheds, 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.
Strategy: Work with utility companies to protect city assets.
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
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 their recommended Master Plans.
Strategy: Develop master plans that include Access Management Studies along the
roadways within the study areas.
Strategy: Limit inefficient sprawling development by using Transfer of Development
Rights to define the geographic limits of receiving areas.
Strategy: Provide safe accessible crossings for persons who are blind, deaf, and/or
wheelchair users.
5.3. We want development whose design, landscaping, lighting, signag e and scale add
value to our community.
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VI. Policies 64
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.
Strategy: Develop context sensitive residential development standards for entrances
and right of way amenities for residential subdivision developments.
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, an d
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 wal kable, 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
green space sites in grid-style Traditional Neighborhood Development (TND) 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 as well as encourage redevelopment
and infill development within the targeted development areas of the City.
Strategy: Consider adopting policies and standards related to “Universal Design” and/or
“Visitable Homes” concepts.
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VI. Policies 65
Strategy: Consider implementing context sensitive and form based zoning.
Strategy: Consider conservation subdivisions in rural and environmentally sensitive
areas in addition, consider a conservation subdivision classification that incorporates
gravel roads.
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.
Strategy: Work with organizations such as, but not limited to, PEDS to coordinate safe
routes to school programs and PATH for bike/ped connections.
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 as well as those already in place and establishing
multiple local street access connections between residential subdivisions.
Strategy: Consider options for an internal transit shuttle that may connect to MARTA
services, to serve as a transportation alternative for local residents.
Strategy: Work with MARTA and GRTA to improve transit access to, from, and within the
City
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VI. Policies 66
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 and consider new gravel
roads in environmentally sensitive areas.
Strategy: Ensure the night sky is a consideration when evaluating lighting of roadways.
In the more rural roadways of Milton allow the roadways to remain unlit, or minimally
lit.
6.4. We support the 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 design
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.
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VI. Policies 67
7. Intergovernmental Coordination Policies
7.1. We will proactively identify opportunities to 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 entiti es 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
8.1 We will be fiscally responsible by developing and maintaining a fiv e-year capital
spending plan that is updated annually as an integral part of our annual budget
process.
Strategy: Financial modeling capacity will be used by the city as a tool to proactively
guide the City’s financial decisions in the future.
Strategy: Alternative funding sources will be identified and aggressively pursued to
support the City’s short and longer term capital requirements.
Strategy: The City’s five year capital plan will be based on funding those expenditures
that are needed to maintain the quality of life desired by our residents and only then
funding those opportunities that provide enhancements as funds are available.
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VII. Implementation Measures 68
VII. 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.
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VII. Implementation Measures 69
Economic Development Implementation Items
Choosing Businesses to Recruit and Support: Prepare an 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.
Equestrian Marketing: Investigate the opportunity to make the equestrian
facilities become a profit center for the city.
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.
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VII. Implementation Measures 70
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.
Proactively Manage Water Supply Watershed: Manage and protect water supply
watershed per the Part 5 Environmental Criteria or the December 2000 Big Creek
Study alternative criteria.
Environmental Planning Criteria for Water Supply Watershed: Will enforce the
Part 5 Water Supply Watershed Environmental Criteria or the December 2000
Big Creek Study alternative criteria
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
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VII. Implementation Measures 71
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.
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 in perpetuity.
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 and contribute
to protection of wildlife and landscape. They may feature the work of local
artists, provide small-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.
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VII. Implementation Measures 72
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 as well as encouraging adherence to development
standards including tree preservation, stream buffer protections, adjacent
landowner buffering, design standards, etc.
Park Development: Develop and implement a comprehensive parks plan
(including programming) that considers the entirety of parklands and/or
programs available; work with surrounding communities to realize any
economies of scale that are feasible. Ensure park plans and development
include adherence with the Milton vision and mission including the preservation
of the unique rural and equestrian character of the city. “Green” standards
should be employed along with protection of specimen trees, woodlands,
stream buffers, steep slopes, appropriate buffering, etc. when creating plans for
any of Milton’s parklands. Preservation of the parklands for perpetuity via a
conservation land trust is a consideration when planning our parklands to
ensure active and passive parkland availability for future generations.
Fire and Police Services: Location analysis study to determine locations for new
police precincts and fire stations,
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VII. Implementation Measures 73
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. Increase setbacks
and expand visual buffers along roadways and adjacent lands when residential
subdivisions and neighborhoods are developed.
Encourage Creative Design for Higher Density: Encouraging the design of higher
density development to blend with th e 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.
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VII. Implementation Measures 74
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 and equestrian operations
Agricultural Zoning: Establishing zoning districts with very large minimum lot
size requirements appropriate for agricultural and equestrian 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. Proactively educate Milton residents and landowners about this
program and work with Fulton County to expand the program and options.
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 Traditional
Neighborhood Development (TND) ordinance or Form Based Code to allow for
more traditional neighborhood 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
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
VII. Implementation Measures 75
over time, establishment of landscaped strips as buffers between
developments, etc. Benefits include creation of safe shaded areas for
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 parkland or 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, tree preservation, required open
space, 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 as well as parklands 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.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
VII. Implementation Measures 76
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.
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 than 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: Community Agenda 06-06-2011
VII. Implementation Measures 77
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. Also ensure a
proactive working relationship and suggested approaches for utility companies.
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. This should include the consideration and use of
round-abouts in and around Milton.
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 and safety 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 safety and the pedestrian-friendliness of
roadways. Typical traffic calming improvements include bump-outs, pedestrian
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
VII. Implementation Measures 78
refuges, landscaped medians, raised crosswalks, narrower traffic lanes, and
creation of on-street parking as well as the use of round-abouts.
Connectivity. Require connections in and between new residential
developments; encourage interconnectivity between developments to provide
residents and employees with additional travel options and reduce traffic
volume.
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 potentially
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 faciliti es 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.
Character Areas:Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Character
Areas
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 and Equestrian 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
Proactively Manage Water Supply Watershed ONGOING
Meet the Part 5 Water Supply Watershed Environmental
Criteria or the December 2000 Big Creek Study alternative
criteria 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
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.
Character Areas:Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Character
Areas
Economic Development Implementation ItemsConservation Easements S
Preserved Land L
Utilize a Land Trust L
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
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.
Character Areas:Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Character
Areas
Economic Development Implementation ItemsPromote Environmentally Sensitive Site Design S
Sustainable/ Green Design for Development S&L
Development Performance Standards S
Develop 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.
Character Areas:Arnold MillBethanyBirminghamCentral MiltonCrabappleDeerfieldMilton LakesSweet AppleALL
Character
Areas
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
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
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
Encourage the expansion of the North
Fulton CID to include Deerfield and along
Hwy 9
x x
Community
Development, CID
and Chamber
Staff General Fund
Natural and Cultural Resources
NRC1 Create an historic zoning code x x Community
Development Staff
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
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 $30,000
Georgia
Forestry
Commission
Grant
2011 application for
2012 award and
implementation
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
$120,000 General Fund To be proposed as part
of the 2012 budget
NRC8 Create ordinance to support the creation of
green infrastructure x Community
Development Staff General Fund
NRC9 Adopt DNR Part 5 Criteria 4. Groundwater
Recharge areas and Wetland protection x Community
Development Staff General Fund
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
Facilities and Services
Parks and Recreation
FS1 Parks and Recreation 15-year
Comprehensive Plan x Parks and
Recreation $25,000 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 $25,000 Capital Revisit 2005 Plan/New
Concept Plan
FS4 Trail Plan Update x Parks and
Recreation $15,000 Capital
Revisit existing Trail Plan
using Needs Assessment
Data and staff input
FS5 Trail Plan Implementation x x x Parks and
Recreation $1,000,000
$300,000 Trail
Fund/ $700,000
Capital Fund
FS6 Crabapple Crossing Park Partnership x Parks and
Recreation $75,000 Capital
Partnership with
Crabapple Crossing to
develop 2 acres as
neighborhood park
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
FS7 Crabapple Community Center/Park x Parks and
Recreation $40,000 Capital Site Plan, Construction
Doc, Site Improvements
FS8 Bell Memorial Park Improvements x Parks and
Recreation $50,000
$40,000 - HYA
Reinvestment/$
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 $110,000 Capital
Site Plan, Construction
Doc, Playground, Arbor,
Parking, Building
Improvements
FS10
Hopewell Middle School/Cogburn Woods
and Birmingham Fall Elementary School and
Northwestern Middle School Improvements
x Parks and
Recreation $75,000 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.
FS11 Park Sign Program x Parks and
Recreation $15,000 Capital
New Park entrance signs
and add directionals
along roadways
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
FS12 Land Acquisition/Site Improvements x x x x x Parks and
Recreation $200,000
$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
FS15 Pursue LCI grant funding for Hwy 9 x x Community
Development $150,000 General Fund &
ARC Grant
FS16 Pursue LCI grant funding for Crabapple
Town Center x x Community
Development $120,000 General Fund &
ARC Grant
FS17
Pursue LCI grant funding for Windward
Parkway/Deerfield with Alpharetta and
North Fulton CID
x x Community
Development $120,000 General Fund &
ARC Grant
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
FS18
Pursue certification through the Atlanta
Regional Commission's Green Communities
program working with the Milton grows
Green Communities (MGG).
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 Gateway Grant Program x x
Community
Development &
Public Works
$10,000 Gateway Grant
& General Fund
Police
FS20 Improve current training curriculum options
for city police officers.x police/
administration
FS21 Improve reporting software for police
department. x police/
administration $200,000
FS22
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
FS23 Improve current training curriculum options
for city fire personnel.x fire/
administration
FS24 Expand EMS service to Advanced Life
Support (ALS)x fire/
administration $80,000
FS25 Continue to expand the large animal rescue
program. x fire/
administration
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
FS26 Continue renovations to Station 41 x fire/
administration $60,000
FS27
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
FS28 Continue to make improvements to the city
Maintenance Facility. x Public Works $50,000 Capital
FS29 Develop and implement a stormwater
management plan for Bell Memorial Park. x Public Works Capital in progress
Administration
FS30 City Hall x Administration $200,000 General Fund in progress
FS31
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
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
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 and
to protect viewsheds.
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
LUDC3 Adopt Development Regulations - Unified
Development Code x Public Works Staff General Fund
LUDC4 Create a Master Plan for the Highway 9
Corridor, including visual design standards.x x Community
Development $80,000 Capital
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
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 $120,000 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
LUDC10 Establish an Impact Fee Ordinance x x Community
Development $80,000 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
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
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
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
T5 Rebuild Cogburn Road Bridge x Public Works $500,000 Capital/GDOT
$100,000 is Milton's
portion, the balance is
GDOT
T6 Replacement of Landrum Road Bridge x Public Works $320,000 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
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
and the use of roundabouts.
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
City of Milton 2030 Comprehensive Plan:
Community Agenda 06-06-2011
2011 - 2015 Short Term Work Program
Project
#Project Description 2011 2012 2013 2014 2015 Responsible
Party
Cost
Estimate
Funding
Source Notes/ Explanation
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
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
Long Term and Ongoing Activities
93
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
Proactively work with utility companies regarding the placement of transmission lines,
sub-stations, buffering of existing sub-stations as well as transfer stations, pruning of
trees along roadways, etc.
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: Community Agenda 06-06-2011
Long Term and Ongoing Activities
94
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 inv olved 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:
Communtiy Agenda 06-06-2011
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
Economic Development
Housing
Natural and Historic Resources
Community Facilities
City of Milton 2030 Comprehensive Plan:
Communtiy Agenda 06-06-2011
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
Assessment and Inventory of Parks in
Milton X
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
City of Milton 2030 Comprehensive Plan:
Communtiy Agenda 06-06-2011
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
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
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
Land Use
Transportation
City of Milton 2030 Comprehensive Plan:
Communtiy Agenda 06-06-2011
2009-2013 Short Term Work Program
Report of Accomplishments
Project #Project Description Completed Underway Postponed Not
Accomplished Notes/ Explanation
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
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
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
IX. Service Delivery Strategy 99
IX. 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: Community Agenda 06-06-2011
IX. Service Delivery Strategy 100
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 the 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: Community Agenda 06-06-2011
IX. Service Delivery Strategy 101
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: Community Agenda 06-06-2011
IX. Service Delivery Strategy 102
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.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
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 X
Milton should consider and study the feasiblity
of providing its own emergency management.
Engineering X
Provider
Service Delivery 2010
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
20 year Comprehensive Plan
Service Considerations for future service
Milton Fulton Alpharetta Atlanta Other/Notes Comments
Provider
Service Delivery 2010
Environmental Health X X
Environmental Regulations X
Fire X
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
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
20 year Comprehensive Plan
Service Considerations for future service
Milton Fulton Alpharetta Atlanta Other/Notes Comments
Provider
Service Delivery 2010
Street Construction X
Street Maintenance X
Storm Water X
Tax Assessment X
Vehicle Maintenance X
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: Community Agenda 06-06-2011
X. Supplemental Plans
106
X. 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
North Fulton Comprehensive Transportation Plan, approved October 18, 2010
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
XI. Glossary of Terms 107
XI. Glossary of Terms
ADA: Americans with Disabilities Act: The Americans with Disabilities Act was passed in 1990
and later amended in 2009 to protect individuals with a disability from discrimination on the
basis of disability in employment, State and local government, public accommodations,
commercial facilities, transportation, and telecommunications.
ARC: Atlanta Regional Commission: is the agency responsible for regional planning and
intergovernmental coordination for the Atlanta Metropolitan Area which includes ten counties
(Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale
Counties) and all the cities within those counties. The ARC reviews the comprehensive plans of
all these jurisdictions along with the state’s planning/coordinating agency, GA Department of
Community Affairs (DCA).
Bioswales: are vegetation and compost filled landscape elements designed to filter silt and
pollution from surface runoff water before it is released to the watershed or storm sewer.
Common applications are along roadways and around parking lots, where substantial
automotive pollution is collected by the paving and then flushed into the watershed or
stormwater by rain. The bioswale collects the runoff and slows the water flow, maximizing the
time water spends in the swale, which aids the trapping of pollutants and silt. Biological factors
also contribute to the breakdown of certain pollutants.
Bucolic: of the countryside, rural, pastoral
CPAC: Comprehensive Plan Advisory Committee: is the sixteen member citizen group formed
in 2007 by the Mayor and Council to initiate the comprehensive planning process. The group
consists of the seven members of the Planning Commission, Chairperson of the Board of Zoning
Appeals, Chairperson of the Design Review Board, and seven citizen appointees of the Mayor
and City Council.
Context Sensitive Design: refers to the concept of taking community values and environmental
preservation into account in the designing and engineering of projects. The concept impresses
that a project should be sensitive to their surrounding environment, especially in scenic or
historic areas and should include public involvement by collaborating with local communities
during the projects design phase. An understanding of the natural and built environments
including roadways as part of the valued landscape must be accomplished before the
engineering design progresses begins.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
XI. Glossary of Terms 108
Complete Streets: Streets that provide multiple travel choices such as vehicle travel lanes, bike
travel lanes, pedestrian sidewalks, and amenities such as lights, benches, shade trees that make
all users safe. A balanced transportation system that includes complete street s can increase the
overall capacity of the transportation network and bolster economic growth and stability by
providing accessible and efficient connections between residences, schools, parks, public
transportation, offices, and retail destinations.
Conservation Design: refers to design of any build project that considers the conservation of
open and green space and configures the build elements in such a way that it maximized the
conservation area.
Conservation Subdivision: refers to the design of a residential subdivision that maintains its
zoned/permitted project density, but configures the home placement/arrangement in such a
way that it maximizes open and green space for conservation.
DCA: Department of Community Affairs: is the state agency created in 1977 to serve as an
advocate for local governments. On July 1, 1996, the Governor and General Assembly merged
the Georgia Housing and Finance Authority (GHFA) with the Department of Community Affairs.
Today, DCA operates a host of state and federal grant programs; serves as the state's lead
agency in housing finance and development; promulgates building codes to be adopted by local
governments; provides comprehensive planning, technical and research assistance to local
governments; and serves as the lead agency for the state's solid waste reduction efforts.
Feasibility Study: A combination of a market study and an economic analysis that provides the
facts about a proposed project and estimates the expected return on investment to be derived
from the project.
Gateways: are locations that signify the entrance to a community.
GATEway grant: GATE is an acronym for GA Transportation Enhancement. The GATEway Grant
is an annual grant opportunity provided by the GA Department of Transportation to assist
communities in their efforts to enhance and beautify roadsides along state routes especially at
gateway locations.
GDOT: Georgia Department of Transportation: The State of Georgia’s transportation
management authority.
Green Infrastructure system: where a network of parks, recreation, and conservation areas are,
or planned to be, interconnected throughout the city or region.
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
XI. Glossary of Terms 109
Heat-island or urban head island: refers to areas which consistently record significantly
warmer temperatures than its surrounding areas. This is generally the case in metropolitan
areas where modification of the land surface by urban development, i.e. uses of materials
which effectively retain heat and waste heat generated by energy usage increase the average
temperatures. Mitigation of the urban heat island effect can be accomplished through the use
of green roofs and the use of lighter-colored surfaces in urban areas, which reflect more
sunlight and absorb less heat.
Open Road Neighborhood: residential homes/neighborhoods are that located along public
open two-lane country roads; which contrast conventional subdivision neighborhoods where
the homes are situated off the main thorough-fare along a web of internal streets that do not
allow through traffic and sometimes are private.
Rain gardens: refers to a planted depressed area designed to collect rainwater runoff from
impervious surfaces like roofs, driveways, walkways, parking lots, and compacted lawn areas,
and allow it the opportunity to be absorbed into the ground as opposed to flowing into storm
drains and water ways. This reduces the pressure on stormwater systems and reduces the risk
of flash flooding. It also replenishes groundwater.
Rural Viewshed: refers to the pastoral views that can be seen along the roads as one travels
through Milton.
Scenic Byways: A Georgia Scenic Byway is defined as any designated highway, street, road, or
route, which features certain intrinsic qualities that should be protected or enhanced. The
qualities that give the byway its character and appeal are its scenic, historic , natural,
archaeological, cultural, or recreational nature. Currently, twelve corridors have achieved
Georgia Scenic Byways status as designated by the Georgia Department of Transportation, with
more to follow.
SR: State Route: roads/highways that are part of the state’s network of roads that are
managed/maintained by the state’s department of transportation. Milton has three state
routes: SR 9 (Hwy 9), SR 372 (Birmingham Hwy), and SR 140 (Arnold Mill Road).
City of Milton 2030 Comprehensive Plan: Community Agenda 06-06-2011
XI. Glossary of Terms 110
Steep Slopes: 20 to 30 percent.
Traditional Neighborhood Development (TND): A basic neighborhood unit which contains a
center that includes a public space and commercial enterprise; an identifiable edge, ideally a
five minute walk from the center; a mix of activities and variety of housing types; an
interconnected network of streets usually in a grid pattern, high priority of public space, with
prominently located civic buildings and open space that includes parks, plazas, squares ;
Reminiscent of traditional neighborhoods and increasing in popularity as a component in New
Urbanism concepts. TND may occur in infill settings and involve adaptive reuse of existing
buildings, but can also occur as all-new construction on previously undeveloped land.
Tree Canopy: refers to the shade or coverage provided by forests. It is above the ground
portion of trees including the branches and foliage.
Universal Design: also known as "design for all," "inclusive design," and "life-span design,"
refers to broad-spectrum architectural planning ideas meant to produce buildings, products
and environments that are inherently accessible to both the able-bodied and the physically
disabled. It is based on the idea that all environments and products should be usab le by all
people, regardless of their ages, sizes, or abilities. Universal Design encompasses Visitable
Homes.
Visitable Homes: refers to homes that are designed to accommodate families and visitors,
regardless of age, size or physical ability by providing easy access, easy passage and easy use for
everyone. A step-free entrance into the central living area, wider doorways/passageways and a
self-contained main floor with a bedroom, entertainment area, accessible kitchen and full
bathroom makes it possible for residents or visitors who rely on mobility aids, or who may
develop serious medical conditions, to maneuver through the home with relative ease.
STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2030 COMPREHENSIVE PLAN:
COMMUNITY AGENDA OF THE CITY OF MILTON
BE IT RESOLVED by the City Council and the Mayor of the City of Milton, GA while
in a Regular Meeting on June 6, 2011 at 6:00 p.m. as follows:
WHEREAS, the City, established in 2006, currently operates under the Fulton County’s
Focus Fulton 2025 Comprehensive Plan and Partial Plan Update, originally adopted by
the Fulton County Board of Commissioners in November 2005 and adopted by the City
of Milton on November 1, 2006, and updated December 21,2009; and
WHEREAS, the preparation of the City’s first Comprehensive Plan was initiated in 2007
utilizing the new Standards and Procedures for Local Comprehensive Planning adopted
by the Department of Community Affairs in 2005; and
WHEREAS, a 16-person Comprehensive Plan Advisory Committee (CPAC) was
appointed by Mayor and City Council to facilitate the development of the City
Comprehensive plan; and
WHEREAS, the City of Milton completed the first two components, the Community
Assessment and Community Participation Program documents on May 28, 2008, as part
of the 20-year Comprehensive Plan Update; and
WHEREAS, on December 20, 2010, the City of Milton approved a resolution to transmit
the Draft 2030 Comprehensive Plan: Community Agenda to ARC and DCA for their
review and approval; and
WHEREAS, in a letter dated February 22, 2011, the ARC and DCA determined that the
City of Milton’s Draft 2030 Comprehensive Plan: Community Agenda was compliant
with state regulations, consistent with regional objectives, and recommended that the City
of Milton officially adopt the Plan.
NOW THEREFORE BE IT RESOLVED, that the City Council and the Mayor of the
City of Milton does hereby adopt;
The City of Milton 2030 Comprehensive Plan: Community Agenda as the
official Comprehensive Plan for the City.
RESOLVED this 6th day of June 2011.
Approved:
___________________________
Joe Lockwood, Mayor
Attest:
__________________________
Sudie AM Gordon, City Clerk
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ______
A RESOLUTION TO DISSOLVE THE COMPREHENSIVE PLAN ADVISORY
COMMITTEE AND TO RECOGNIZE THE WORK OF ITS MEMBERS
THE COUNCIL OF THE CITY OF MILTON HEREBY RESOLVES while in
regular session at 6:00 PM on the 6th day of June, 2011 as follows:
WHEREAS, the City of Milton Comprehensive Plan Advisory Committee
(“CPAC”) was formed in 2007 pursuant to authority contained in Section 2-183
of the City of Milton Code of Ordinances (“Code”) with the stated purpose of
being “involved in all phases of the creation, from inception to completion, of the
city’s comprehensive plan”; and
WHEREAS, the City of Milton 2030 Comprehensive Plan: The Community
Agenda (“2030 Comp Plan”) was approved by the City Council for Submission to
the Department of Community Affairs (“DCA”) on December 20, 2010; and
WHEREAS, the 2030 Comp Plan was approved by DCA by letter dated
February 22, 2011; and
WHEREAS, the City Council finds that the purpose of the CPAC has been
achieved and there is no continuing need for the members of the CPAC;
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF
MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY
COUNCIL as follows:
1. The City Council expresses its sincere appreciation to the current and former
members of the CPAC for their dedicated service to the City and the plans for its
future.
2. The City Council expresses its pleasure with and appreciation for the citizens that
appeared at CPAC meetings and provided input and guidance to the City of
Milton 2030 Comprehensive Plan: Community Agenda.
3. The City Council now, hereby, dissolves the CPAC and releases its members
from any further obligations with respect thereto.
RESOLVED this 6th day of June, 2011.
Approved:
_______________________
Joe Lockwood, Mayor
Attest:
___________________________ (Seal)
Sudie AM Gordon, City Clerk