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HomeMy WebLinkAbout06-18-2012-PacketPage 1 of 3 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Lance Large Monday, June 18, 2012 Regular Council Meeting Agenda 6:00 PM INVOCATION - Community Minister Tass Welch, Community Christ Church, Milton, GA 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. 12- 148) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 21, 2012 Regular Council Minutes. (Agenda Item No. 12-149) (Sudie Gordon, City Clerk) 2. Approval of the June 4, 2012 Regular Council Minutes. (Agenda Item No. 12-150) (Sudie Gordon, City Clerk) 3. Approval of Financial Statements for the Period Ending May, 2012. (Agenda Item No. 12- 151) (Stacey Inglis, Finance Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 18, 2012 Page 2 of 3 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. 4. Approval of a Contract with Robert Buscemi, AIA, for the Purpose of Providing Professional Design Services for Selected Development Plans. (Agenda Item No. 12-152) (Kathleen Field, Community Development Director) 5. Approval of an Interagency Agreement between the City of Milton and Progress Partners of N. Fulton Atlanta. (Agenda Item No. 12-153) (Chris Lagerbloom, City Manager) 6) REPORTS AND PRESENTATIONS (None) 7) FIRST PRESENTATION 1. Approval of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Authorize the Sale of “Growlers”; to Provide for an Effective Date; and to Repeal Conflicting Ordinances. (Agenda Item No. 12-154) (Stacey Inglis, Finance Director) 8) PUBLIC HEARING (None) 9) ZONING AGENDA 1. RZ12-05/VC12-02 – 633 North Main Street by Jenmark Company to rezone from MIX (Mixed Use) to C-1 (Community Business) to expand a 6,000 square foot retail building by 6,000 square feet to utilize the basement for a total of 12,000 square feet. The applicant is also requesting a concurrent variance to delete the 10 foot landscape strip along the south and east property lines of the out-parcel [Section 64-1090(b)]. (Agenda Item No. 12-140) (First Presentation at June 4, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 18, 2012 Page 3 of 3 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. RZ12-06/VC12-03 – Deerfield Parkway by Crescent Resources, LLC to rezone from C- 1 (Community Business) and O-I (Office Institutional) to A (Medium Density Apartments) to develop a total of 256 residential units at an overall density of 12 units per acre. The applicant is also requesting the following concurrent variance: To encroach into the 25 foot non-impervious setback by no more than 5,000 square feet [Section 20- 426(2)]. (Agenda Item No. 12-141) (First Presentation at June 4, 2012 Regular Council Meeting) (Kathleen Field, Community Development Director) 3. RZ12-08 – To delete Article VII, Division 7 of Chapter 64 – Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code. (Agenda Item No. 12-142) (First Presentation at June 4, 2012 Regular Council Meeting) (Discussed at June 11, 2012 Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Approval of An Ordinance to Amend Chapter 42, Article III, of the Milton City Code to Remove the Requirement for Precious Metals Dealers to Obtain and Maintain a License and Indemnity Bond. (Agenda Item No. 12-143) (First Presentation at June 4, 2012 Regular Council Meeting) (Ken Jarrard, City Attorney) 11) NEW BUSINESS 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 12-155) The minutes will be Provided electronically City of Milton 13000 Deerfield Parkway Suite 107G Milton, Georgia 30004 To:    Honorable Mayor and City Council Members    From:    Stacey Inglis, Finance Director    Date:   June 18, 2012 City Council Meeting    Agenda Item:  Financial Statements for Period 8 –May 2012      OVERVIEW and FINANCIAL HIGHLIGHTS:    General Fund  Revenue collections for the General Fund are 7.7% higher than anticipated for the eighth period  of the fiscal year.     Total expenditures to‐date are $11,498,505 and are 4.4% less than expected for this period of  the fiscal year.     Capital Project Fund  Expenditures within this fund continue to occur on a project‐by‐project basis.  With a total  project expenditure budget of $10,889,671, capital expenditures‐to‐date total $1,172,230.       FINANCIAL OPERATIONS:    Tree Replacement Fund:  Balance:  $15,825    Sidewalk Replacement Fund:  Balance:  $80,308      1 of 9 City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2012 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,362,600 19,922 21,550 (1,628) 356,376 347,990 8,386 Motor Vehicle Tax 495,000 41,196 41,250 (54) 324,071 288,750 35,321 Intangible Tax 160,000 19,081 13,333 5,748 131,633 93,333 38,300 Real Estate Transfer Tax 37,000 3,565 3,083 482 21,290 21,583 (293) Franchise Fees 1,700,000 9,860 10,200 (340) 953,377 952,000 1,377 Local Option Sales Tax 3,650,000 313,073 304,167 8,906 2,285,226 2,129,167 156,059 Alcohol Beverage Excise Tax 275,000 23,504 22,917 587 164,981 160,417 4,565 Business & Occupation Tax 550,000 102,877 27,500 75,377 555,120 550,000 5,120 Insurance Premium Tax 825,000 - - - - - - Financial Institution Tax 26,000 - - - 32,795 26,000 6,795 Penalties & Interest 64,500 5,569 1,508 4,062 36,317 24,304 12,014 Alcohol Beverage Licenses 140,000 - - - 134,350 134,400 (50) Other Non-Business Permits/Licenses 11,700 1,560 975 585 8,075 7,800 275 Zoning & Land Disturbance Permits 20,000 2,966 1,667 1,299 24,483 13,333 11,150 Building Permits 175,000 32,139 14,583 17,556 189,412 116,667 72,745 Other Charges for Service 343,640 24,722 25,970 (1,248) 285,569 229,093 56,476 Municipal Court Fines 451,000 - 28,208 (28,208) 271,127 300,667 (29,540) Interest Earnings 15,000 182 1,250 (1,068) 11,342 10,000 1,342 Contributions & Donations - - - - 5,875 - 5,875 Other Revenue 54,940 5,000 1,495 3,505 44,168 11,960 32,208 Other Financing Sources 34,000 - - - - - - Total Revenues 17,390,380 605,217 519,656 85,561 5,835,589 5,417,464 418,126 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 169,170 14,953 16,636 (1,682) 99,936 104,485 (4,549) Clerk of the Council 298,850 12,902 16,176 (3,274) 135,065 221,777 (86,712) City Manager 294,937 16,748 19,956 (3,207) 185,475 191,615 (6,140) General Administration 34,110 1,100 2,843 (1,742) 24,315 22,740 1,575 Finance 495,873 25,547 32,082 (6,535) 315,301 316,741 (1,439) Legal 220,000 19,766 18,333 1,433 126,582 110,000 16,582 Information Technology 535,557 13,301 20,745 (7,444) 338,939 360,521 (21,582) Human Resources 251,523 15,509 18,647 (3,137) 155,080 161,131 (6,050) Ri k M t 191 500 37 209 15 958 21 250 151 614 127 667 23 947 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date Risk Management 191,500 37,209 15,958 21,250 151,614 127,667 23,947 General Government Buildings 564,989 - 47,082 (47,082) 352,090 376,659 (24,569) Public Information & Marketing 90,910 5,327 6,166 (839) 57,254 58,910 (1,657) Municipal Court 231,274 14,383 17,601 (3,218) 139,980 147,372 (7,392) Police 2,912,020 176,608 229,871 (53,262) 1,810,296 1,893,346 (83,051) Fire 4,381,219 250,230 358,248 (108,018) 2,745,274 2,925,497 (180,223) EMS Operations 140,988 11,021 11,749 (728) 88,167 93,992 (5,825) Public Works 1,540,706 39,425 125,067 (85,641) 858,801 978,095 (119,294) Parks & Recreation 356,292 4,783 27,436 (22,653) 182,775 208,380 (25,605) Community Development 798,035 47,628 60,427 (12,798) 507,211 509,416 (2,204) Debt Service - Capital Lease Payment 857,231 - - - 807,310 807,310 - Operating Transfers to Other Funds 4,180,048 - - - 2,417,039 2,417,038 0 Operating Reserve 144,019 - - - - - - Total expenditures 18,689,251 706,443 1,045,022 (338,579) 11,498,505 12,032,693 (534,189) Net Income/(Loss)(1,298,871) (101,226)(5,662,915) Fund Balance - Beginning 9,295,628 Fund Balance - Ending 3,632,713 2 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Milton Roundup Vendor Fee 4,000$ -$ 1,034$ (2,966)$ Earth Day Vendor Fee 240 - 1,270 1,030 Interest Revenues 100 6 26 (74) Milton Roundup Sponsor 12,000 - 3,000 (9,000) Earth Day Sponsor - 500 1,750 1,750 Concert Sponsor 1,500 - - (1,500) T-shirt Sales 250 - 169 (81) Mayor's Run Reg. Fees 5,240 - 2,229 (3,011) Contributions & Donations - - - - Total revenues 23,330$ 506$ 9,478$ (13,852)$ EXPENDITURES Current: Special Events 86,280$ 17,143$ 61,618$ 24,662$ Total Expenditures 86,280$ 17,143$ 61,618$ 24,662$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 30,000$ 4,494$ 30,000$ -$ Total other financing sources and uses 30,000$ 4,494$ 30,000$ -$ Net change in fund balances (32,950)$ (22,140)$ Fund balances - beginning 62,563 City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 gg Fund balances - ending 40,423$ 3 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - 6,641 14,458 14,458 Cash Confiscations/HIDTA - - Interest Revenues/State Funds - - 39 39 Interest Revenues/Federal Funds - 12 Realized Gain on Investments/State Funds - - - Budgeted Fund Balance - - - - Total revenues -$ 6,641$ 14,509$ 14,497$ EXPENDITURES Current: Police -$ -$ 8,281$ (8,281)$ Total Expenditures -$ -$ 8,281$ (8,281)$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances -$ 6,228$ Fund balances - beginning 89,270 Fund balances - ending 95,498$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 4 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 700,000$ 33,403$ 431,567$ (268,433)$ Interest Revenue - 71 474 474 Total revenues 700,000$ 33,474$ 432,041$ (267,960)$ EXPENDITURES Current: Public Safety 681,400$ 1,599$ 515,074$ 166,326$ Total Expenditures 681,400$ 1,599$ 515,074$ 166,326$ OTHER FINANCING USES Unallocated 18,600$ -$ -$ (18,600)$ Total other financing sources and uses 18,600$ -$ -$ (18,600)$ Net change in fund balances -$ (83,034)$ Fund balances - beginning 604,821 Fund balances - ending 521,787$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 5 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant 30,096$ 8,039$ 16,777$ (13,319)$ Bulletproof Vest Program - - 761 761 Byrne-JAG Grant - - 14,618 14,618 GDCC Mini Grants - - 8,131 8,131 FRESH Grant - 3,770 3,770 3,770 Interest Revenues - 1 10 10 Total revenues 30,096$ 11,811$ 44,068$ 13,972$ EXPENDITURES Current: General Administration 3,350$ 2,894$ 11,469$ (8,119) Police - - 15,379 (15,379) Fire 133,760 - 56,463 77,298 Total Expenditures 137,110$ 2,894$ 83,311$ 53,799$ Excess of revenues over expenditures (107,014) 8,916 (39,243) 67,771 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 103,664$ -$ 39,146$ (64,518)$ Total other financing sources and uses 103,664$ -$ 39,146$ (64,518)$ Net change in fund balances (3,350) (97) Fund balances - beginning 10,671 City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 Fund balances - ending 10,574$ 6 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 40,000$ 4,521$ 30,027$ (9,973)$ Total revenues 40,000$ 4,521$ 30,027$ (9,973)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 10,000$ -$ -$ (10,000)$ Transfers out to Special Events Fund 30,000 4,521 30,027 27 Total other financing sources and uses 40,000$ 4,521$ 30,027$ (9,973)$ Net change in fund balances - - Fund balances - beginning - Fund balances - ending -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 7 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 2,582$ 30,347$ (34,653)$ Sidewalk Replacement Account - - - - Crabapple Paving Fee - 1,050 9,450 9,450 Tree Recompense - - 3,500 3,500 Landfill Host Fees 100,000 - 38,238 (61,762) HYA Fees 16,500 7,363 7,363 (9,138) Interest Revenue 2,000 749 4,996 2,996 Realized Gain or Loss on Investments 2,000 - - (2,000) Insurance Proceeds/Public Works - - - - Atlanta HIDTA Stipend - - 1,500 1,500 Capital Lease Proceeds 144,000 - - (144,000) Total revenues 329,500 11,744$ 95,394$ (234,106)$ EXPENDITURES Capital Outlay City Council 225,000$ 8,800$ 77,990$ 147,010$ IT 49,317 5,070 37,913 11,404 Police 350,742 67,562 222,644 128,098 Fire 556,066 2,695 92,895 463,171 Public Works 7,643,811 77,888 606,402 7,037,409 City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 Parks & Recreation 1,772,730 3,643 86,844 1,685,886 Community Development 292,005 13,041 47,542 244,463 Total Capital Outlay 10,889,671$ 178,700$ 1,172,230$ 9,717,441$ Excess of revenues over expenditures (10,560,171) (166,956) (1,076,836) (9,951,547) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 3,505,688$ -$ 2,044,987$ (1,460,701)$ Unallocated (106,441) - - 106,441 Total other financing sources and uses 3,399,247 - 2,044,987 (1,354,260) Net change in fund balances (7,160,924) 968,151 Fund balances - beginning 5,809,267 Fund balances - ending 6,777,418$ 8 of 9 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT HPP Funds 3,195,498$ -$ 96,564$ (3,098,934)$ LCI Funds 100,000 47,600 72,800 (27,200) GA Urban Forestry Grant 20,000 - - (20,000) MARTA Grant 321,326 - 90,000 (231,326) Interest Revenues - 185 1,157 1,157 Total revenues 3,636,824$ 47,785$ 260,521$ (3,376,303)$ EXPENDITURES Capital Outlay Public Works 5,196,250$ 30,990$ 152,121$ 5,044,129$ Community Development 147,400 26,000 134,000 13,400 Total Capital Outlay 5,343,650$ 56,990$ 286,121$ 5,057,529$ Excess of revenues over expenditures (1,706,826) (9,205) (25,600) 1,681,226 OTHER FINANCING SOURCES (USES) Transfers in from General Fund 570,696$ -$ 332,906$ (237,790)$ Total other financing sources and uses 570,696$ -$ 332,906$ (237,790)$ Net change in fund balances (1,136,130) 307,306 Fund balances - beginning 956,996 Fund balances - ending 1,264,302$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2012 9 of 9 City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Director Date: May 31, 2012 for the Council Meeting of June 18, 2012 Agenda Item: Contract with Robert Buscemi, AIA, for the Purpose of Providing Professional Design Services for Selected Development Plans. Background: In anticipation of the establishment of a Form Based Code including a section on Transfer of Development Rights, it is important that the Community Development Department have access to professional design services. These services which would be provided on an as need basis, will allow for the professional design review of potential projects, especially those utilizing the Crabapple form based code and transfer of development rights mechanism; assist developers with the new planning tools that would be available for utilization; provide technical services to both the Design Review Board and the Historic Preservation Commission; and, assist from time to time with major site plan reviews. Discussion: The work to be completed under this Agreement (the "Work") is referenced in the Contract as "Exhibit A". Key tasks to be completed under this contract include: hold face to face meetings to assist developers interested in using the form based code/ transfer of development rights mechanism; provide design review for all major development site plans; provide technical assistance to the Design Review Board and Historic Preservation Commission on an as -need basis; assist with creation of a form based code and Transfer of Development Rights mechanism for the "Regional Activity Center" as identified in the LCI Study entitled "Route 9/Georgia 400 Master Plan"; and, serve on an on-call basis to provide any design services deemed necessary by the Director of Community Development. Legal Review: Paul Higbee, Jarrard & Davis on April 18, 2012. Attachments: "Exhibit A" IT�t N City of Milton PROFESSIONAL SERVICES AGREEMENT Design Services This Agreement made and entered into thisday of in the year 2012, by and between The City of Milton, Georgia (sometimes referred to herein as the "City"), having its principle place of business at 13000 Deerfield Parkway Suite 107G, Milton GA 30004 and Robert Buscemi, A.I.A. ("Consultant") having its principle place of business at 820 Foxhollow Run, Georgia 30004. WHEREAS, the City of Milton will require certain professional design services beginning on April 30, 2012; and WHEREAS, the City's Purchasing Policy authorizes the procurement of professional services contracts of $30,000.00 or less; and WHEREAS, the City has determined that this Agreement constitutes such professional services; NOW THEREFORE, in consideration of the mutual covenant and promises contained herein, the parties agree as follows: 1.0 Scope of Work; Compensation The Consultant agrees to provide all Services specified in Exhibit "A," attached hereto and incorporated herein by reference, for the compensutiun described therein. No payments will be made for unauthorized work. Invoices should be submitted to Rick Pearce, 13000 Deerfield Parkway, Milton GA 30004, for approval. Payment will be sent to the designated address by U. S. Mail only; payment will not be hand -delivered. 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 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 $29,500 (which includes all related travel expenses of Consultant) (the "Contract Price") without prior written approval from the City. 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. City of mom 2.0 Independent Contractor 2.1. The Consultant is an independent Contractor. The Consultant is not an employee, agent or representative of the City of Milton. The Consultant shall obtain and maintain, at the Consultant's expense, all permits, license or approvals that may be necessary for the performance of the services. 2.2 Inasmuch as the City of Milton and the Consultant are entities 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 signed by both parities hereto. The Consultant agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Consultant to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Consultant shall assume full liability for any contracts or agreements the Consultant enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. 3.0 Indemnification The Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Consultant 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. 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, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub -consultant may be liable, regardless of whether or not the offending act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Consultant, any sub -consultant, anyone directly or indirectly employed by the Consultant or sub -consultant or anyone for whose acts the Consultant or sub - consultant may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant or any sub -consultant under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. 4.0 Term; Termination The term of this Agreement shall begin on Monday, April 9, 2012 and shall terminate absolutely and without further obligation on the part of the City upon Consultant's completion of the services described herein, but no later than December 31, 2012. The City may terminate this Agreement upon a breach of any provision of this Agreement by Consultant and Consultant's subsequent failure to cure such breach within fifteen (15) days of receipt from the City of a written notice of the breach. Title to any supplies, materials, equipment, or other personal property shall remain in the Consultant until fully paid by the City. 2 My of Miton 5.0 Compliance with All Laws and Licenses The Consultant must obtain all necessary licenses and comply with local, state and federal requirements. The Consultant shall comply with all laws, rules and regulations of any governmental entity pertaining to its performance under this Agreement. 6.0 Assignment The Consultant shall not assign or subcontract the whole or any part of this Agreement without the City of Milton's prior written consent. 7.0 Amendments in Writing No amendments to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 8.0 Expertise of Consultant Consultant accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Consultant under this Agreement. 9.0 Governing Law This Agreement shall be governed in all respects by the laws of the State of Georgia. 10.0 Interpretation of Documents In the event of a conflict in language between this Agreement and any exhibit to this Agreement, the provisions most favorable to the City shall govern. 11.0 Entire Agreement This Agreement constitutes the entire Agreement between the parties with respect to the subject matter contained herein; all prior agreements, representations, statements, negotiations, and undertakings are suspended hereby. Neither party has relied on any representation, promise, nor inducement not contained herein. 12.0 Waiver of Agreement The City's failure to enforce any provision of this Agreement or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default. 13.0 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. 3 UyaMon 14.0 Notices All other notices, writings or correspondence as required by this Agreement shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, unless a substitute address shall first be furnished to the other Parties by written notice in accordance herewith: NOTICE TO THE CITY slWl be sent to: City Manager City of Milton 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO THE CONSULTANT shall be sent to: Robert Buscemi 820 Foxhollow Run Milton, GA 30004 15.0 No Personal Liability No member, official or employee of the City shall be personally liable to the Consultant or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Consultant or successor or on any obligation under the terms of this Agreement. Likewise, Consultant's performance of services under this Agreement shall not subject Consultant's individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Consultant or the City, respectively, and not against any employee, officer, director, or elected or appointed official. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by their duly authorized officers as of the day and year set forth next to each signature. Approved as to form: City Attomey Robert Buscemi, AIA Signature: Printed Name: [20,69AC &,SC E. cny of Mame 4 SIGNED, SEALED, AND DELIVERED in the presence of: !vltress 'a Notary Pu is NOTARY SEAL] %•%`� 13, 09 VVjD ".*, My Commission Expires: •�'4. y GEORGIA 00 rl�et SIGNED, SEALED, AND DELIVERED in the presence of CAy of Maw CITY OF MILTON: Its: Witness Notary Public [NOTARY SEAL] My Commission Expires: EXHIBIT A Scope of Work for Professional Design Services — Milton, Georgia In anticipation of the establishment of a Form Based Code including a section on Transfer of Development Rights, it is important that the Community Development Department have access to professional design services. These services which would be provided on an as need basis, will allow for the professional design review of potential projects, especially those utilizing the Crabapple form based code and transfer of development rights mechanism; assist developers with the new planning tools that would be available for utilization; provide technical services to both the Design Review Board and the Historic Preservation Commission; and, assist from time to time with site plan reviews. Specific services to be provided include: • Hold face to face meetings to assist developers interested in using the form based code/transfer of development rights mechanism; • Provide design review for all major development site plans; • Provide technical assistance to the Design Review Board and Historic Preservation Commission on an as -need basis; + Assist with creation of a form based code and Transfer of Development Rights mechanism for the "Regional Activity Center" as identified in the LCI Study entitled "Route 9/Georgia 400 Master Plan"; • Work with potential developers on a master plan to help implement and best utilize the incentives included within the Crabapple form based code; and, • Serve on an on-call basis to provide any design services deemed necessary by the Director of Community Development. Consultant to provide professional design services on an as -need basis at the rate of $75/hour. CAy of Milton z STATE OF GEORGIA CITY OF MILTON SAVE Affidavit By executing this affidavit under oath, and as an applicant for a public benefit, as referenced in O.C.G.A. § 50-36-1, from the City of Milton, the undersigned applicant verifies one of the following with respect to my application for a public benefit: 1) ZI am a United States citizen. 2) 1 am a legal permanent resident of the United States. 3) 1 am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act with an alien number issued by the Department of Homeland Security or other federal immigration agency. My alien number issued by the Department of Homeland Security or other federal immigration agency is: The undersigned applicant also hereby verifies that he or she is 18 years of age or older and has provided at least one secure and verifiable document, as required by O.C.G.A. § 50-36-1(e)(1), with this affidavit. The secure and verifiable document provided with this affidavit can best be classified as: _p RMA F_ V S L t r_ E IV SE In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20, and face criminal penalties as allowed by such criminal statute. Executed in SUBSCRIBED AND SWORN pEFORE ME ON THIS THE _j� DAY O5 201 �2 NOTAR LIC My C mission Expires: (city), state). 'tr Signat r of Applicant Printed Name of Applicant Copy of Personal Identification Documents Held in City Clerk's Office City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, City Manager Date: Submitted on June 6, 2012 for the June 18, 2012 Regular Council Meeting Agenda Item: Approval for the Inter-Agency Agreement between the City of Milton and Progress Partners North Fulton Atlanta City Manager’s Office Recommendation: Consideration and execution of a contract agreement with Progress Partners North Fulton Atlanta Background: This is an inter-agency agreement between the city of Milton and Progress Partners North Fulton Atlanta to implement certain land use/planning and regulatory initiatives. This agreement includes both funded and unfunded initiatives. Discussion Funded Initiatives Progress Partners North Fulton Atlanta will provide to Milton the following assistance: 1. Development of an economic development plan 2. Implementation of Highway 9 – GA 400 LCI 3. Review Milton’s incentives, ordinances, permitting and design review processes 4. Provide maps and locations of economic development opportunities or areas supported for redevelopment Funding and Fiscal Impact: The amount of this one calendar year agreement with Progress Partners North Fulton Atlanta is a portion of $25,000 depending on approval. (Example: agreement executed in June, Milton will pay 7/12 of $25,000 or $14,583.33). Alternatives: Do not approve the inter-agency agreement with Progress Partners North Fulton Atlanta. Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney INTER-AGENCY AGREEMENT BETWEEN THE CITY OF MILTON, GEORGIA AND PROGRESS PARTNERS NORTH FULTON ATLANTA TO IMPLEMENT CERTAIN LAND USE/PLANNING AND REGULATORY INITIATIVES 1. The term of this agreement will be one calendar year, with the City of Milton able to terminate the Agreement at any time with or without cause, with the City’s only requirement upon termination is to pay to Progress Partners any funds that have accrued at the time of termination FUNDED INITIATIVES 2. The City of Milton will pay to Progress Partners of North Fulton Atlanta (“Progress Partners”) a total of $25,000.00 for a single calendar year term, with said figure to be prorated to reflect the number of months remaining in the calendar year upon Agreement execution. By way of example, if the Agreement is executed in June, then the City will be responsible for paying 7/12 of the $25,000 to Progress Partners. In consideration of Progress Partners receiving said funds and for other good and valuable consideration received, Progress Partners will provide to the City of Milton the following assistance: 1. With developing an Economic Development plan, as a part of the planning process and in association with and in furtherance of the City’s zoning map and comprehensive plan, to include a strong agricultural/equestrian economic component 2. With implementing Highway 9 – Georgia 400 Livable Centers Initiatives (LCI) 3. With reviewing City incentives, ordinances, permitting, and design review processes, etc. 4. Providing maps and locations of economic development opportunities or areas supported for redevelopment on the jurisdictions website. UNFUNDED INITIATIVES 3. For no additional cost to the City but simply as additional value added, Progress Partners agrees to provide the following: Assistance: 1. With identifying high-value print and web-based publications for marketing the City 2. With developing a plan for becoming a Georgia “Work Ready” Community as established by the Governor’s Office of Workforce Development. Opportunities: 1. To participate in events relevant to economic development issues at the GNFCC, the Metro Atlanta Chamber, etc. 2. To communicate outcomes of the strategic planning process to Georgia Department of Economic Development regional representatives 3. To attend high-value trade shows, conventions, etc. with state and regional partners 4. To pair with regional partners to host the annual North Fulton Infrastructure Summit Establishment: 1. Of regularly scheduled meetings with economic development staff at the GNFCC 2. Of a communication and/or outreach program to develop and maintain critical partnerships with entities to support community, economic, and workforce development 3. Of regional leadership for the advancement of the “Progress Partners” initiative 4. Of a comprehensive and collaborative BRE outreach program 5. Of a process to align the resources and strategic actions of local governments, and education and economic development agencies. To determine the effectiveness of the Progress Partners funded and unfunded initiative(s) with respect to the City of Milton’s goals and vision, the following key performance measures will be evaluated: Image and promotion o Number of meetings held with state and private economic development leaders and consultants o Monthly website hits o Marketing materials developed and distributed o Number of trade shows and recruitment trips involved with o Annual survey of site location consultants and economic development leaders regarding the perception and/or image of North Fulton as a business location for target industry clusters Existing business retention and expansion o Number of first-time business contacts/visits o Total number of existing business contacts/visits o Number of new jobs created by existing businesses o Value of new investment in real estate by existing businesses o Annual survey of existing business leaders measuring satisfaction with Milton / North Fulton as a business location New business investment and recruitment o Number of new business location projects managed o Number of new location prospects visited o Total number of new jobs created by new businesses within target industry clusters o Total value of investments in real estate by new businesses within target industry clusters Progress Partners will provide quarterly written reports to City of Milton outlining progress with respect to key performance measures and activities. These written reports will provide insight into activities and performance in relation to North Fulton and separately to Milton. The reports will be augmented and supported by monthly meetings with identified Milton leadership (separate from regular meetings of the Progress Partners group). In addition, key Progress Partners leadership will appear before City Council, when invited, in public session on an annual basis during the Third Quarter of the Calendar Year to provide an annual reporting of activities and performance to-date and a proposed plan of action for the coming year. CITY OF MILTON, GA PROGRESS PARTNERS By: _____________________________ By: __________________________ Joe Lockwood, Mayor Brandon Beach, CEO Date: _____________________________ Date: __________________________ City of Milton 13000 Deerfield Parkway, Suite 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Stacey Inglis, Finance Director Date: June 18, 2012 Council Meeting Agenda Item: Approval of an Ordinance to Amend Chapter 4, Alcoholic Beverages, to Authorize the Sale of “Growlers”; to Provide for an Effective Date; and to Repeal Conflicting Ordinances Background: The Georgia Department of Revenue recently revised its interpretation of state laws governing the sale or distribution of alcoholic beverages to include the growlers as legal packaging. Growlers are containers no larger than 64 oz. that are filled with beer from a keg. The containers are sanitized, filled and sealed by the licensee. This allows consumers access to specialty beers that are only distributed via kegs. Discussion: The Department of Revenue revised its interpretation, but didn’t actually make any changes to the laws. As a result, our ordinance, as it is currently written, will allow for the sale of growlers; however, it has been advised by our attorney that we should include language specifically authorizing the sale of growlers so as to avoid any possible confusion and misinterpretation. A retail package dealer licensed to sell wine and/or malt beverage will automatically be permitted to sell growlers, if they so choose. Dealers that are licensed to sell distilled spirits are prohibited from selling growlers. Attachments: The ordinance amending Chapter 4 to authorize the sale of growlers. Concurrent Review: Ken Jarrard, Attorney Chris Lagerbloom, City Manager STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 4, ALCOHOLIC BEVERAGES, TO AUTHORIZE THE SALE OF “GROWLERS”; TO PROVIDE FOR AN EFFECTIVE DATE; AND TO REPEAL CONFLICTING ORDINANCES. WHEREAS, Chapter 4 of the Code of Ordinances of the City of Milton, Georgia contains provisions applicable to the retail packages sales of malt beverages, beer and wine; and WHEREAS, the Georgia Department of Revenue has historically interpreted its regulations so as to prohibit the use of Growlers for purchases of malt beverages; and WHEREAS, the Georgia Department of Revenue recently revised its interpretation of its own regulations and now has determined that Growlers can be utilized for the purchase of malt beverages at retail package locations which do not sell distilled spirits by the package; and WHEREAS, the Mayor and Council have determined that it is proper in light of this change of state regulatory interpretation to amend Chapter 4 to allow the sale of Growlers (as hereinafter defined); BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a regular called council meeting on the 2nd of July, 2012 at 6:00 p.m. as follows: SECTION 1. Section 4-1 – Definitions, is hereby amended by deleting the definition of Retail Package Dealer and replacing it with the following definition: Retail package dealer means any person who sells unbroken packages or growlers, at retail, only to consumers and not for resell. SECTION 2. Section 4-1 – Definitions, is hereby amended by the insertion of the following defined term therein: Growler means a glass or ceramic container not to exceed 64 ounces that is filled by a licensee or employee of a licensee with beer from a keg and securely sealed for off- premises consumption. SECTION 3. Article IV – Retail Package Sales, Division 2 – Malt Beverages and Wine, is hereby amended by the insertion of the following language as a new Section 4-192 – Growlers: (a) The sale of Growlers is authorized in establishments authorized to sell beer, malt beverages, and wine by the package, but shall not occur in establishments that also sell distilled spirits by the package. (b) The filling of Growlers by means of a tapped keg shall not constitute the breaking of a package as contemplated by O.C.G.A. § 3-3-26 or other this Ordinance. (c) Growlers may only be filled from kegs procured by the licensee from a duly licensed wholesaler. (d) Only professionally sanitized and sealed Growlers may be filled and made available for retail sale. (e) Each Growler must be securely sealed and removed from the premises in its original sealed condition. (f) Consumption on the premises is strictly prohibited; however, samples of beers available for sale in a Growler may be made available, but shall not exceed one ounce (1 oz.) nor shall any one individual be offered more than three samples within a calendar day. SECTION 4. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 5. This Ordinance shall become effective upon its adoption. ORDAINED this the 2nd day of July, 2012. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal) Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 1 of 19 RZ12-05/VC12-02 R/P RZ04-95 Southern Comforts RZ12-05/VC12-02 Furniture Consignments PROPERTY INFORMATION ADDRESS 633 North Main Street DISTRICT, LAND LOT 2/2 1023 OVERLAY DISTRICT State Route 9 EXISTING ZONING MIX (Mixed Use) - RZ04-95 PROPOSED ZONING C-1 (Community Business) ACRES 1.01 EXISTING USE 6,000 square foot retail building PROPOSED USE 12,000 square foot retail building (including basement) PETITIONER/OWNER Jenmark Company ADDRESS 2241 Whitfield Drive Dunwoody, GA 30338 REPRESENTATIVE Nathan V. Hendricks 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30338 COMMUNITY DEVELOPMENT RECOMMENDATION RZ12-05 – APPROVAL CONDITIONAL VC12-02 – APPROVAL CONDITIONAL INTENT To rezone from MIX (Mixed Use) to C-1 (Community Business) to expand a 6,000 square foot retail building by 6,000 square feet to utilize the basement for a total of 12,000 square feet. The applicant is also requesting a concurrent variance to delete the 10 foot landscape strip along the south and east property lines of the out-parcel (Sec 64- 1090(b)). Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 2 of 19 RZ12-05/VC12-02 R/P RZ04-95 PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012 RZ12-05 – APPROVAL CONDITIONAL – 7-0 VC12-02 – APPROVAL CONDITIONAL – 7-0 The recommended approval was based on the Planning Commission requesting that the applicant submit to the Community Development Department valid application form to reflect their ownership. The request was completed by the applicant. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 3 of 19 RZ12-05/VC12-02 R/P RZ04-95 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 4 of 19 RZ12-05/VC12-02 R/P RZ04-95 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 5 of 19 RZ12-05/VC12-02 R/P RZ04-95 SITE PLAN SUBMITTED ON APRIL 9, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 6 of 19 RZ12-05/VC12-02 R/P RZ04-95 Subject site looking south from North Main Subject site looking from North Main (adjacent building) Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 7 of 19 RZ12-05/VC12-02 R/P RZ04-95 Looking north from subject site (Milton) Looking north from subject site (Alpharetta) Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 8 of 19 RZ12-05/VC12-02 R/P RZ04-95 SUBJECT SITE: The site is an out parcel within the Watercrest Village Shopping Center located on the south side of North Main Street (SR 9). It currently consists of a one story retail building with 6,000 square feet zoned for retail commercial. There is an existing 6,000 square foot basement that was previously used for storage for a liquor store. The applicant is planning to utilize the first floor immediately for their furniture consignment store, prior to the decision on the additional 6,000 square feet of basement area. The site contains 1.01 acres within the overall 16.7 acre mixed use development. It is currently zoned MIX (Mixed Use) pursuant to RZ04- 95 as a portion of a larger master planned development. The purpose of the request is to increase the square footage in the zoning conditions to allow the additional 6,000 square feet of basement area into retail space. The site is located within the Retail Service designation on the City’s 2030 Comprehensive Future Land Use Map. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on April 9, 2012, Staff offers the following considerations: Development Standards – SEC. 64-776 for C-1 (Community Business) except where indicated  Front yard – 40 feet - Consistent  Side yards adjacent to MIX (Mixed Use) south and east property lines – N/A See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090  Rear yard adjacent to MIX (Mixed Use) - west property line – N/A See Landscape Buffer Requirements for SR 9 Overlay District - Sec. 64-1090  Minimum lot frontage – 35 feet - Consistent  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. (SR 9 Overlay District) – Consistent SR 9 Overlay District Requirements Landscaping- Sec. 64-1090  Front adjacent to State Route 9 – 20 feet - Consistent  Side yard (west property line) - Consistent Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 9 of 19 RZ12-05/VC12-02 R/P RZ04-95  Side (east) and rear yards (south) – 10 feet – Inconsistent The subject site was developed as one development with one property owner, and therefore did not require the 10 foot landscape strip along any interior property line adjacent to a nonresidential zoning or use. The applicant has requested a concurrent variance to this requirement discussed below. VC12-02 – To delete the 10 foot landscape strip along the interior south and east property lines. (Sec 64-1092(b)) Due to the fact that there is existing paving and parking located where the landscape strips would be located, it is Staff’s opinion tha t relief, if granted, would not offend the spirit or intent of the zoning ordinance; and that the existing paving and parking creates an unnecessary hardship not caused by the applicant; and relief, if granted, would not cause a substantial detriment to the public good and surrounding properties and lastly that the public safety, health and welfare are secured. Therefore, Staff recommends that VC12-02 be APPROVED to delete the landscape strips along the interior south and east property lines. Fencing – Sec 64-1092(i and j) The State Route 9 Overlay District requires fencing along streets that shall be primarily dark stained wood and is in keeping with the equestrian and rural character of Milton. The fence shall not exceed 55 inches in height measured from finished grade and; shall also include a minimum three foot wide landscape strip along the exterior of the fencing. Although the site plan does not include the fence, it appears that it can be constructed on the site. OTHER SITE PLAN CONSIDERATIONS Parking Requirements As submitted, the site plan indicates a total of 69 parking spaces. The total square footage of the building is 12,000 square feet. Pursuant to Sec. 64-1410, Calculations, 4 spaces per 1,000 square feet are required for general retail. Based on the calculation of 4 spaces per 1,000 square feet, a total of 48 spaces are required. The proposed site plan is in compliance with the required parking spaces. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 10 of 19 RZ12-05/VC12-02 R/P RZ04-95 Pursuant to Z04-95, a condition was included to allow shared parking according to Sec. 64-1411. Although the subject site meets the required parking requirements, the overall site utilizes shared parking between uses. Therefore, this condition will be included in the Recommended Conditions. 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. Public Involvement Community Zoning Information Meeting On April 25, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were two members of the community in attendance representing the Winthrope Chase Subdivision located adjacent to the south of the site. They were concerned that the required buffer between the entire development and the subdivision was being deleted. The applicant’s representative explained that the deletion of the landscape strip was within the interior of the shopping center and there would be no affect on the subdivision. They appeared to be satisfied with the answer and had no other issues. Public Comments – Staff has not received any correspondence regarding this development. Design Review Board Meeting Courtesy Review – May 9, 2012  There was no comment regarding the proposed rezoning request. PUBLIC PARTICIPATION REPORT The applicant conducted the required Public Participation Meeting on May, 10, 2012 at the Kroger Store on SR9 and Windward Parkway. There was one person in attendance at the meeting and there were no issues discussed. The Public Participation Report was submitted to on May 11, 2012. An additional updated Report is required 7 days prior to the Mayor and City Council Meeting. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 11 of 19 RZ12-05/VC12-02 R/P RZ04-95 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 additional 6,000 square feet for a total of 12,000 square feet of retail space is suitable based on the adjacent and nearby development of general service retail to the west, east and north of the subject site. Location Parcel / Zoning Petition Zoning / Name Approved Density/Total Square Feet/Min. Heated Floor Area East and South 1 RZ04-095 MIX (Mixed Use) Wintercrest Retail - 2,093.4 /35,000 Office – 897.1/15,000 Residential 3.12 u/a / 52 units East 2 RZ05-31 TR (Townhouse) Residential Henderson Landing Townhomes 5 u/a 2,200 minimum heated floor area East 3 RZ01-58 C-1 (Community Business) Undeveloped 9,411.77 / 9,600 North 4 (City of Alpharetta) C-1 (Commercial) Shopping Center Unknown North 5 Z88-94 M-1 (Manufacturing) Public Storage 13,757 square feet per acre Northwest 6 RZ08-10 C-1 (Community Business) Undeveloped 12,504.42 / 28,260 sq.ft. of which 7,200 shall be basement storage Northwest 7 RZ93-29 C-1 (Community Business) Various Retail Uses Further Southwest 8 RZ95-72 C-2 (Commercial) Vacant Office Buildings 24,800 square feet per acre South 9 CUP (Community Unit Plan) 5 u/a Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 12 of 19 RZ12-05/VC12-02 R/P RZ04-95 96Z-027 (City of Alpharetta) Winthrope Chase S/D 5,000 sq.ft. minimum lot size West 10 RZ06-075 C-1 (Community Business) 2 abandoned homes 6,698.57 / 14,000 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 13 of 19 RZ12-05/VC12-02 R/P RZ04-95 EXISTING USES MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 14 of 19 RZ12-05/VC12-02 R/P RZ04-95 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 should not adversely affect the existing use or usability of the adjacent properties based on the applicant’s proposed expansion of retail space. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use as currently zoned MIX (Mixed Use) developed with uses allowed within the MIX (Mixed Use) district. 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? Based on the proposed expansion of the retail space, 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? 2030 Comprehensive Land Use Plan Map: Yes, Retail and Service Proposed use/density: Furniture Consignment Shop / 11,881 square feet per acre The Comprehensive Land Use Plan Map suggests Retail and Service for the subject site and for properties northwest, south and southwest. To the east the Map recommends High Density Residential. The City of Alpharetta is on the north side of North Main Street and their Comprehensive Plan recommends Retail and to the south of the subject site their plan recommends Medium Density Residential (Winthrope Chase S/D). (Please see 2030 Comprehensive Future Land Use Map below.) The Milton City Council adopted the City’s 2030 Comprehensive Plan on June 6, 2011. The request from MIX to C-1 is compatible with the suggested Retail and Service designation as outlined in the compatibility chart within the 2030 Comprehensive Land Use Plan. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 15 of 19 RZ12-05/VC12-02 R/P RZ04-95 The proposed development is consistent with the following Plan Policy developed with the recommended conditions:  We will encourage mixed use developments, where appropriate, that are human scale, less auto oriented and include neighborhoods that are walkable, bicycle and wheelchair friendly. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 16 of 19 RZ12-05/VC12-02 R/P RZ04-95 2030 COMPREHENSIVE FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 17 of 19 RZ12-05/VC12-02 R/P RZ04-95 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? The proposed expansion of the existing 6,000 square foot retail building to 12,000 square feet requires a request to rezone since converting the basement from storage to retail space, would increase the maximum square footage for the site. Therefore, the applicant is requesting that only the approximately one acre site be rezoned to C-1(Community Business) district with the new total square footage of 12,000 square feet. The proposed C-1 (Community Business) district is consistent with the 2030 Future Land Use Plan designation for Retail and Service designation. In addition, there are other retail and service type businesses in the same development, adjacent and nearby the subject site with similar approved densities. 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? The proposed expansion of the retail building should not be environmentally adverse to the natural resources, environment and citizens of the City. CONCLUSION The proposed rezoning to C-1 (Community Business) is consistent with adjacent and nearby zonings and uses. In addition, it is consistent with the 2030 Future Land Use Plan which recommends a designation of Retail and Service. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-05 to rezone from MIX (Mixed Use) to C-1 (Community Business). It is also Staff’s opinion that VC12-02 be APPROVED for the deletion of the 10 foot landscape strip along the south and east property lines. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 6/11/2012 Page 18 of 19 RZ12-05/VC12-02 R/P RZ04-95 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1) To the owner’s agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 11,881 gross square feet per acre zoned or a total of 12,000 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), roadside vending, roadside produce stands or seasonal vending, billboards, convenience stores and fortune tellers. 2) To the owner’s agreement to abide by the following: a) To the site plan received by the Community Development Department on April 9, 2012. 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 18, 2012 6/11/2012 Page 19 of 19 RZ12-05/VC12-02 R/P RZ04-95 3) To the owner’s agreement to the following site development considerations: a) Allow shared parking according to Sec. 64-1411. (RZ04-095) b) No interior landscape strips are required along the south and east property lines. (VC12-02) 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements as reflected in the site plan/as built referenced in condition 2a.: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of North Main Street (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of North Main Street (SR 9) or as may be required by the Georgia Department of Transportation. c) No direct vehicular access from North Main Street (SR 9) shall be permitted. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 1 of 24 R/A RZ10-05, ZM10-0 RZ99-11 PETITION NUMBERS RZ12-06/VC12-03 Circle Deerfield ADDRESS Deerfield Parkway West Side for approximately 1,599 feet DISTRICT, LAND LOT 2/2, 1113, 1114, 1047 OVERLAY DISTRICT Deerfield EXISTING ZONING C-1 (Community Business) RZ10-05, U00-25 O-I (Office & Institutional) ZM10-01, RZ99-11, U99-08 PROPOSED ZONING A (Medium Density Apartments) ACRES 21.368 EXISTING USE Undeveloped PROPOSED USE 256 unit multi-family development OWNER/PETITIONER Crescent Resources, LLC – Benjamin Collins ADDRESS 227 West Trade Street Charlotte, NC 28202 REPRESENTATIVE Nathan V. Hendricks III ADDRESS 6085 Lake Forrest Drive, Suite 200 Atlanta, GA 30328 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION RZ12-06 – APPROVAL CONDITIONAL VC12-03 – TO WITHDRAW To rezone from C-1 (Community Business) and O-I (Office-Institutional) to A (Medium Density Apartments) to develop a total of 256 residential units at an overall density of 12 units per acre. The applicant is also requesting the following concurrent variance: To encroach into the 25 foot non- impervious setback by no more than 5, 000 square feet (Section 20-426(2)). Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 2 of 24 R/A RZ10-05, ZM10-0 RZ99-11 PLANNING COMMISSION RECOMMENDATION – MAY 22, 2012 RZ12-06 – APPROVAL CONDITIONAL – 7-0 VC12-03 – TO WITHDRAW – 7-0 The Planning Commission recommended the following conditions be included in the Recommended Conditions: 1) Buildings shall be substantially the same as the designs presented by the applicant at the May 22, 2012 Planning Commission Meeting. 2) Tree save areas should be considered as often as possible in regards to specimen trees. 3) Multi-purpose paths within the development shall meet the City’s trail standards as to width. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 3 of 24 R/A RZ10-05, ZM10-0 RZ99-11 LOCATION MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 4 of 24 R/A RZ10-05, ZM10-0 RZ99-11 CURRENT ZONING MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 5 of 24 R/A RZ10-05, ZM10-0 RZ99-11 REVISED SITE PLAN – June 6, 2012 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 6 of 24 R/A RZ10-05, ZM10-0 RZ99-11 Subject Site Looking north on Deerfield Pkwy Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 7 of 24 R/A RZ10-05, ZM10-0 RZ99-11 Subject Site Looking From Deerfield Parkway Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 8 of 24 R/A RZ10-05, ZM10-0 RZ99-11 SUBJECT SITE: A 21.368 acre site currently zoned C-1 (Community Business) pursuant to RZ10- 05/U10-01 approved for a 72 bed assisted living facility and a 23,000 square foot Special School. Within the same parcel, it is also zoned O-I (Office-Institutional) pursuant to Z99-11 approved for retail, service commercial, and or office at a maximum density of 19,191 square feet per acre. The O-I portion of the site was approved for a 40,500 square foot data center pursuant to ZM10-03. The site is currently undeveloped, wooded and contains an unnamed creek which flows along the northeastern property line, eventually draining into Lake Deerfield. There are two small areas of wetlands, one on the southwest property line and the east property line which are not being disturbed and the site plan provides the appropriate state and city buffers. The property is part of the planned development of Deerfield, and is subject to covenants of the development. The property is also subject to the Deerfield Overlay District and within the recently approved Regional Activity Center, Hwy 9/GA 400 Master Plan, Livable Centers Initiative (LCI) Study. Overview of the Applicant’s Request Based on the applicant’s letter of intent received by the Community Development Department on April 9, 2012, the information below provides an overview of the applicant’s request for the subject site: Crescent Resources, LLC, which is the applicant and current owner of the entire parcel, has requested the site be rezoned from C-1(Community Business) and O- I (Office-Institutional) to A (Medium Density Apartments) to develop 256 multi- family units. Of the 256 units, there shall be no more than 26 three bedroom units with the balance of the 230 units being one and two bedroom units with the intention that the mix of these one and two bedroom units will be equal. The development will not be gated but provide inter-connectivity to adjacent properties. The Staff has encouraged the applicant to incorporate the recommended concepts from the HWY 9/GA 400 Master Plan, Regional Activity Center into the development. The current revised site plan dated June 6, 2012 incorporates some of those concepts. The site plan shows the proposed connectivity to the commercial properties to the west with a defined private road/driveway with on-street parking. In addition, the applicant has shown open space to preserve areas with significant trees in the central portion of the site. Lastly, there are Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 9 of 24 R/A RZ10-05, ZM10-0 RZ99-11 meandering multi-purpose paths throughout the project and to the commercial development to the west and to the existing pedestrian sidewalks along Deerfield Parkway. The amenity areas are scattered on the site with the primary area toward the south and east of the property which includes a clubhouse, pool, tennis courts and three small pavilions along Deerfield for a potential “farmers market”. There is an amphitheatre space and another amenity building toward the center of the property. Residential buildings are primarily along the central roads with parking located behind them that begins to form traditional town “blocks”. SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on June 6, 2012, Staff offers the following considerations: A (Medium Density Apartment) Development Standards (Section 64-693) Building Setbacks The site plan indicates compliance with the following zoning district minimum building setbacks:  Front (adjacent to Deerfield Parkway) 40 feet  Sides and Rear 25 feet Building Height The A (Medium Density Apartment) district restricts the building height to 45 feet or three stories, whichever is higher. The applicant has not stated the number of stories proposed for the development but has indicated that the height will be 50 feet. The Deerfield Overlay District refers back to the Hwy 9 Overlay District for height. Section 64-1095 (m) states that Deerfield Parkway does not require a height limitation of 2 stories or 30 feet to the roof eave. Therefore, Staff will condition the site to the district standard of 45 feet. The proposed building height/stories will be reflected in the Recommended Conditions. Minimum heated floor area for multi-family dwellings The applicant’s letter of intent does not specify size of each type of unit. The A (Medium Density Apartment) district requires a minimum heated floor area of 700 square feet. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 10 of 24 R/A RZ10-05, ZM10-0 RZ99-11 Maximum lot coverage The area of the footprint of all buildings and parking is approximately 24 percent* and does not exceed 40 percent of the total land area. Other Regulations Parking Requirements The following chart illustrates the parking required by Section 64-1410 of the City of Milton Zoning Ordinance for the proposed uses: Bedroom Size/ Use Ratio Number Spaces Required 5% Reduction Near bus stop (Sec 64-1412) 10% Reduction (Administrative) 1 bedroom (115 units) 1.4/unit 161 153 138 2 bedroom (115 units) 2.0/unit 230 219 197 3 bedroom (26 units) 2.25/unit 59 56 50 Amenity/Pool 6 per pool plus 1 per 15 dwelling units beyond 60 served 20 19 17 473 447 402 Total Required (402 Provided) The applicant has indicated a total of 402 spaces on the site plan of which a total of 9 are handicap accessible which meets the minimum requirement of 2% of the total spaces reserved for handicapped spaces. As shown on the chart above, the applicant has included the five percent reduction based on the location of a bus stop within 1,500 feet of the site (located on Deerfield Parkway) as well as requesting a ten percent administrative reduction of the parking requirement. After reductions, a total of Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 11 of 24 R/A RZ10-05, ZM10-0 RZ99-11 402 parking spaces would be required. The site plan indicates a total of 402 spaces provided. The Deerfield Overlay District requires the following parking design: Minimum Space between buildings and parking – 20 feet – Consistent Minimum Space between peripheral parking and right-of-way or adjacent property – 30 feet – Consistent At least one, nine foot wide minimum landscape island shall be provided for every 15 parking spaces – Inconsistent It appears there are some parking fields that do not meet the minimum required landscape island every 15 spaces. This will need to be adjusted prior to issuance of the Land Disturbance Permit. Divided parking areas into sections with capacities of not more than 200 cars each separated by landscape buffer areas at least 20 feet wide. - Consistent Landscape Strips Section 64-1090 of the State Route 9 Overlay District requires a twenty (20) foot- wide landscape strip along Deerfield Parkway. The Deerfield Overlay District requires that frontages along Deerfield Parkway be planted with Willow Oak, planted just behind the right-of-way spaced 50 foot on center. The site plan indicates compliance with this requirement. Section 64-1090 (b) requires a minimum 10-foot wide landscape strip along any interior property line adjacent to a non-residential zoning or use. The site plan indicates compliance with this requirement. Pedestrian Circulation The site plan indicates a comprehensive internal pedestrian network throughout the development. Staff recommends that the paths be constructed of pervious materials within the development. In addition, there are paths that provide connections with the pedestrian sidewalk on Deerfield Parkway where there are two MARTA bus stops available to residents and visitors. Staff will require that the applicant provide bus stop shelters without any signage to be installed at the designated MARTA bus stops along Deerfield Parkway. The pedestrian network and bus stop shelters will assist in meeting the vision of improved pedestrian inter- Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 12 of 24 R/A RZ10-05, ZM10-0 RZ99-11 connectivity stated in the recently approved HWY 9/GA 400 Master Plan. These additional requirements will be reflected in the Recommended Conditions. Vehicular Circulation The proposed development shows two entrances where the existing full accesses are located on Deerfield Parkway; one on the southern end of the property and one in the central area of the property. The southern entrance meanders through the property and provides an inter-parcel connection with the northwestern property line adjacent to the Fry’s Electronics parking lot. This type of connection is recommended and illustrated in the Hwy 9/GA 400 Master Plan. The intent is to decrease the size of the “super block” to encourage vehicular inter-connectivity and enhance utilization of excess parking lots. Staff recommends furthering the goal of inter-connectivity and discouraging dead end streets. Therefore, a right-in, right-out curb cut shall be added to the northern portion of the site. In addition, inter-parcel access shall be required along the southern property line to the undeveloped O-I (Office-Institutional) property (RZ07-19). Pursuant to RZ07-19, inter-parcel access is required to the subject site. In addition, the latest request for the Zoning Modification pursuant to ZM10-03, Staff also included a condition requiring inter-parcel access for the proposed data center to the adjoining property to the south (RZ07-19). These access requirements will be reflected in the Recommended Conditions. Staff notes that after the Planning Commission Meeting, the applicant submitted a revised site plan submitted to the Community Development Department on June 6, 2012 that reflect the Recommended Conditions. VC12-03 – To encroach into the 25 foot non-impervious setback by no more than 5, 000 square feet (Section 20-426(2)) Along the northern portion of the property is a perennial stream which requires 50 foot undisturbed stream buffer and a 25 foot non-impervious setback. Since the submittal of the concurrent variance, Staff has determined that based on the proposed encroachment of a retention facility whether earthen or walled structure, this is permitted within the 25 foot non-impervious setback. Therefore, a concurrent variance is not needed and Staff recommends WITHDRAWAL of VC12-03. City Arborist Comments: The site appears to have been selectively harvested within the past 15 years or so. There are some nice mature hardwoods on the site but few of specimen size. There is a nice diversity of trees on site and with strong natural re-vegetation Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 13 of 24 R/A RZ10-05, ZM10-0 RZ99-11 occurring on site with a mix of oaks, maples, sweet gums, tulip poplars, hickories, sourwoods and dogwoods. Plan shows preserving some of the mature trees in the interior of the project, however to do so may require protecting a larger area than just the drip line. Grade changes, cut and fills, should be kept to a minimum. Per this plan, three specimen trees will require recompense. The applicant should work with the existing conditions of the site as much as possible rather than modifying the site for mere simplicity. Existing topography and vegetation should be given strong consideration. Per the revised site plan, approximately eleven specimen trees are proposed to be removed equating to 143.7 tree density units to be recompensed. Recompense required will be 205 – four inch caliper hardwood/canopy trees. Specimen trees removed or preserved may vary. Final count will be done during the Land Disturbance Permit process. A springhead is located near the southwestern property line. The 75 foot stream buffer will not be impacted as well as another stream buffer located at the northeastern property line. 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 site does not contain floodplains, steep slopes, historical sites or sensitive plant and animal species. The site does contain a perennial stream and wetlands. Fulton County Board of Education For a multi-family development with 256 units, we would expect approximately: Elementary School Students: 43 Middle School Students: 9 High School Students: 10 Total Students: 62 This development will be located in the Manning Oaks ES, Hopewell MS, and Alpharetta HS zones for the 2012-13 school year. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 14 of 24 R/A RZ10-05, ZM10-0 RZ99-11 Public Involvement Community Zoning Information Meeting On April 25, 2012 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was one person who indicated interest in the site. Staff has not received any e-mails or phone calls regarding this request. City of Milton Design Review Board Meeting Courtesy Review – April 9, 2012 The following comments were made by the DRB for the rezoning/use permit:  Looks beautiful. Gorgeous.  Surprised it’s not gated.  Applauds embracing the retention pond, and expanding on them. Staff notes that prior to issuance of a Land Disturbance Permit and any Building Permits, the City of Milton Design Review Board will be required to review their respective plans. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan. The applicant submitted the first Plan Report on May 11, 2012 and an update will be required 7 days prior to the Mayor and City Council meeting. The Public Participation Meeting was held on May 2, 2012 at 6:00 p.m. There were nine members of the community in attendance. Attached at the end of the report are the comments and responses from the applicant. Standards of Review [Section 64-2104(c)] Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 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 applicant is requesting a 256 unit multi-family development at a density of 12 units per acre. As indicated below, the adjacent and nearby zonings are not consistent with the proposed development. Staff notes Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 15 of 24 R/A RZ10-05, ZM10-0 RZ99-11 that there are townhomes to the northeast but at a lower density of 7.39 units per acre. The nearest multi-family development is on the north side of Webb Road and west of Deerfield Parkway. Although, the proposed development is not consistent with similar type uses in the area, it is consistent with the newly adopted Hwy 9/GA 400 Master Plan for the Regional Activity Center where this site is located. The Master Plan recommends that the Regional Activity Center provide mixed use developments of which higher density residential is one component. There is retail commercial adjacent to the northwest and west; office to the north, south and east and residential to the southeast. Existing uses and zoning of nearby property (See Map and following table) Location Parcel / Zoning Petition Zoning / Development Name Approved Density (sq ft per acre)/ Max Square Feet of Bldg/Height North 1 Z74-48 U98-39 (to exceed height) C-1 (Community Business) Portion of Deerfield Professional Offices and Bright Horizons Day Care None Stated U98-39 for 4 stories Northeast 2 Z74-47 U96-72 (to exceed height) O-I (Office-Institutional) Portion of Deerfield Professional Offices None Stated U96-72 for 6 stories East 3 Z03-08 TR (Townhouse Residential) Lake Deerfield 116 units / 7.39 units per acre Southeast 4 Z97-098 O-I (Office-Institutional) Verizon Wireless office buildings 11,500/437,000 South 5 Z97-123/96U-68 (to exceed height) O-I (Office-Institutional) Developed with offices and hotel 13,000/282,000 6 stories South 6 RZ07-19/U07-10 O-I (Office-Institutional) Undeveloped 7,565/23,000 70 feet with 3 stories above grade and one story below grade West 7 Z73-001 C-1 (Community Business) Wal-Mart / Fry’s Electronics None Stated Further West 8 RZ06-49 C-2 (Commercial) Cactus Car Wash 5,406/6,000 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 16 of 24 R/A RZ10-05, ZM10-0 RZ99-11 EXISTING USES MAP Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 17 of 24 R/A RZ10-05, ZM10-0 RZ99-11 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? The proposed development may not adversely affect the existing uses nearby or adjacent uses if developed with the recommended conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The property does have a reasonable economic use as currently zoned as it is zoned C-1 (Community Business), O-I (Office-Institutional) as well as a 72 bed assisted living facility and special school . 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? It is Staff’s opinion that the proposed use may cause an increased burden on the streets and transportation facilities, utilities, and schools. The increase should be mitigated with the Recommended Conditions that provides for inter-connectivity between uses. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? At the time of the submittal of the proposed A (Medium Density Apartment) zoning district, it was inconsistent with the 2030 Comprehensive Plan Map recommendation of Retail and Service. Since the submittal, the Mayor and City Council approved the SR 9/GA 400 Master Plan which recommends that subject site and surrounding area as a Regional Activity Center. This area is bounded by GA 400 to the east, Webb Road to the north, and the property the properties adjacent to Deerfield Parkway and Windward Parkway to the west and south. HWY 9 / GA 400 Master Plan: Regional Activity Center Proposed use/density: Multi-family residential/ 12 units per acre Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 18 of 24 R/A RZ10-05, ZM10-0 RZ99-11 The Milton City Council approved the SR 9/GA 400 Master Plan on April 23, 2012. The proposed development is consistent if approved with the Recommended Conditions at the end of the Staff report. The proposed development is consistent with the following Plan Policies for the Regional Activity Center and Recommended Parcel Development:  Be medium scale (multi-story development/redevelopment)  Offer a mix of uses including regional office, retail within a multi-use environment, and residential (likely attached or stacked products)  Encourage a more compact and connected development pattern  Connect adjacent residential, particularly new residential development, to commercial areas where appropriate  Require significant landscaping and green space as a component of development/redevelopment Regional Activity Center Suggested Parcel Development 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? Based on the recent approval of the Hwy 9/GA 400 Master Plan, specifically the Regional Activity Center of which this site is located; the proposed multi-family development is consistent with the Plan’s Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 19 of 24 R/A RZ10-05, ZM10-0 RZ99-11 recommendations for the area to be developed as Mixed Use and to provide increased inter-connectivity for the Regional Activity Center. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Staff notes that the proposed rezoning will not have a negative effect on the environment and natural resources based on the fact that the site plan indicates compliance with the required stream buffer and non- impervious setback (Staff has determined that the concurrent variance VC12-03 is no longer needed). The site plan indicates that some of the specimen trees will be preserved as well as open space will be provided along the eastern property line and the area in the central area of the site. CONCLUSION The proposed 256 multi-family development is consistent with the policies and intent of the City of Milton Hwy 9/GA 400 Master Plan if approved with Staff’s Recommended Conditions. Therefore, Staff recommends that this request to rezone to A (Medium Density Apartments), RZ12-06 be APPROVED CONDITIONAL. Further, Staff recommends WITHDRAWAL of VC12-03. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 20 of 24 R/A RZ10-05, ZM10-0 RZ99-11 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved A (Medium Density Apartments) 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) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) No more than 26 three-bedroom units. c) Height shall not exceed 45 feet as measured from average grade. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 6, 2012*. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 21 of 24 R/A RZ10-05, ZM10-0 RZ99-11 i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. c) Buildings shall be substantially the same as the designs presented by the applicant at the May 22, 2012 Planning Commission Meeting. d) Tree save areas should be considered as often as possible in regards to specimen trees. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 22 of 24 R/A RZ10-05, ZM10-0 RZ99-11 c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a) The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 23 of 24 R/A RZ10-05, ZM10-0 RZ99-11 Prepared by the Community Development Department for the Mayor and City Council Meeting on June 18, 2012 *Based on the Revised Site Plan Received by the Community Development Department on June 6, 2012 6/11/2012 RZ12-06/VC12-03 Page 24 of 24 R/A RZ10-05, ZM10-0 RZ99-11 TOTAL FUTURE 2018 TRAFFIC OPERATIONS The traffic volumes generated by the proposed development were added to the future base year 2018 traffic volumes) in order to determine the traffic volumes that will be on the roadway network in the year 2018. The future 2018 peak hour volumes are shown in Figure 13. These volumes were used to analyze future traffic operations at the study intersections including site driveway intersections. Table 13 shows the results of the future traffic operations analysis for 2017 with existing lane geometry. TABLE 12 FUTURE 2018 INTERSECTION OPERATIONS WITH EXISTING LANE GEOMETRY Intersection Traffic Control AM Peak Hour PM Peak Hour LOS (Delay) v/c ratio* LOS (Delay) v/c ratio* Deerfield Pkwy / Windward Pkwy Signalized C (31.5) 0.83 E (61.6) 1.05 Deerfield Pkwy / Morris Rd Ext - Eastbound Approach Stop Controlled on C (19.3) - E (36.7) - - Westbound Approach Morris Rd Ext F (664.8) - F (6885.3) - -Northbound Left A (10.0) - A (9.1) - -Southbound Left A (9.3) - B (11.4) - Deerfield Pkwy / Two Verizon PI / Southern Site Driveway - Eastbound Approach (Site Drwy) Stop Controlled on B (14.5) - C (18.4) - - Westbound Approach Two Verizon PI C (19.7) - F (244.2) - - Northbound Left A (9.3) - A (9.6) - - Southbound Left A (8.9) - B (10.2) - Deerfield Pkwy / Three Verizon PI / Northern Site Drwy Stop Controlled on - Eastbound Approach (Site Drwy) Three Verizon C (15.6) - C (22.6) - - Westbound Approach Drwy C (19.5) - F (50.7) - Northbound Left A (9.1) - A (9.1) - Southbound Left A (8.3) - B (10.4) Deerfield Pkwy / Webb Rd Signalized C (21.2) 0.53 B (17.6) 0.54 * v/c ratio is not calculated for unsignalized intersections As shown in Table 12, the intersection of Deerfield Parkway / Morris Road will operate at LOS F for the westbound approach. In addition, the intersection of Deerfield Parkway / Windward Parkway will operate at LOS E in the PM peak hour as is in base 2018 condition. Two Verizon Place and Three Verizon Place will also operate at LOS F for the westbound approaches. Following improvements are recommended for future 2018 condition. Deerfield Parkway / Morris Road: - The following recommended improvement for base 2013 and base 2018 conditions is also recommended for future 2018 condition: A&R Engineering Inc. 27 Signalize the intersection: A preliminary signal warrant analysis was completed for the existing peak hour volumes. The results revealed that warrant 3 (peak hour warrant) will be satisfied based on the existing traffic volumes. Therefore, a signal installation can be considered at this location. However, a detailed signal warrant analysis should be completed prior the installation of a traffic signal. No additional improvement will be necessary in addition to the signal installation. Windward Parkway /Deerfield Parkway / Westside Parkway: - The following recommended improvement for base 2018 condition is also recommended for future 2018 condition: Westside Parkway Extension project (By City of Alpharetta) will include installation of an additional through lane (creating dual through lanes) and a separate right turn lane on the northbound approach (Westside Parkway). For the purposes of the analysis, these improvements are included for the future 2018 improved condition. After these improvements are implemented, the intersection will operate at LOS C in the AM and LOS D in the PM peak hour. Deerfield Parkway / Two Verizon Place / Southern Site Driveway & Deerfield Parkway / Three Verizon Place /Northern Site Driveway: - The same improvements recommended for future 2013 condition is also recommended for future 2018 condition. The westbound approaches (Two Verizon Place and Three Verizon Place) will operate at LOS F in the PM peak hour. It is not uncommon for a side street to experience delays during the peak hours. Only a signal installation can improve the LOS, however, future traffic volumes will not satisfy installation of a traffic signal. Therefore, no improvement (in addition to future 2013 condition) is recommended for future 2018 condition. Table 13 shows the results of the future 2018 analysis assuming the recommended improvements are implemented. TABLE 13 FUTURE 2018 INTERSECTION OPERATIONS -WITH IMPROVEMENTS Intersection Traffic Control AM Peak Hour PM Peak Hour LOS (Delay) v/c ratio* LOS (Delay) v/c ratio* Deerfield Parkway / Windward Signalized C (30.1) 0.80 D (44.9) 0.96 Pkwy Deerfield Parkway / Morris Rd Ext Signalized B (10.0) 0.48 B (11.5) 0.51 A&R Engineering Inc. Webb Rd SITE ..: : ldpk DeeYfie h h .:::::::::::::::::::..... M (o)lq mom ) o ee 20 (15) 8-0 (2) 28 Y/ Af (o h ! A oy (� (25)13 op Two V ezizoll a-11 w~ Ward .o J ✓ (� 9i 2�� 0) 16 t N O S64 i Webb Rd / M \ i�l :(49)( (09o2�(6) o) 5.06; h � N� i AM PM NORTH FUTURE 2018 WEEKDAY PEAK HOUR VOLUMES FIGURE 13 A&R Engineering Inc. we, LEGEND Exe Existing Stop Sign �Existing Lane Geometry Ex 9Existing Traffic Signal � Webb Rd � SITE �eerieldPk ► �e °��1 �bb� �44(l' ��o�leTizonp� W;�ard Proposed Lane Geometry 0 Proposed Stop Sign Pr Proposed Traffic Signal * Improvements per Westside Pkwy Extension Project Webb Rd NORTH FUTURE 2018 TRAFFIC CONTROL AND LANE GEOMETRY FIGURE 14 A&R Engineering Inc. 30 RIGHT TURN LANE ANALYSIS Right turn lane warrants were analyzed for the northern and southern site driveway intersections based on the criteria set forth in the City of Milton Municode Chapter 48 Article 5. Table 10 in section 48-417 includes minimum requirements for right turn lane installation. Table 10 is included in the Appendix. A right turn lane installation will be necessary for all driveways on a four -lane roadway with an AADT of 12,000 and speed limit of 35 to 40 mph. Bi-directional 24-hour traffic counts revealed an AADT of 14,255 on Deerfield Parkway. Therefore a right turn lane installation will be necessary per the City of Milton Standards for the southbound approach at the Northern and Southern Site Driveway intersections on Deerfield Parkway. A storage length of 100 feet with 50 feet of taper should be included per the City of Milton requirements for 35 mph roadway. It should be noted that Deerfield Parkway includes northbound left turn lane at the existing median break intersections which the northern and southern site driveways will be aligned. SIGHT DISTANCE Based on the GDOT sight distance requirements for a four -lane roadway with a speed limit of 35 mph, 390 feet of line of sight for looking left and 440 feet of line of sight for looking right is required. Sight distances looking left and right from the northern and southern driveways were measured in the field: Northern Site Driveway on Deerfield Parkway: The sight distance looking left (north) from the Northern Site Driveway onto Deerfield Parkway is measured 410 feet in the field. The sight distance looking right (south) onto Deerfield Parkway is measured 505 feet in the field. Line of sight looking left and right is more than the GDOT requirement for a four -lane roadway with 35 mph speed limit. Southern Site Driveway on Deerfield Parkway: The sight distance looking left (north) from the Southern Site Driveway onto Deerfield Parkway is measured 500 feet. The sight distance looking right (south) onto Deerfield Parkway provides more than 800 feet of sight distance. However, it should be noted that the existing vegetation in the median on Deerfield Parkway briefly blocks the sight distance at 420 feet. It is recommended that the vegetation be removed from the median to improve the line of sight. PARKING NEEDS The proposed development will provide 488 parking spaces in the area. City of Milton requirements identifies that 1.25 parking spaces is required per 1 -bedroom unit, 1.75 parking will require per 2 -bedroom unit and 2 parking spaces will require per 3 -bedroom units for residential multifamily high-rise. Please refer to parking plan for details. A&R Engineering Inc. 31 CONCLUSIONS AND RECOMMENDATIONS Traffic impacts were evaluated due to the proposed Circle Deerfield apartment complex that will be located along the western side of Deerfield Parkway between Morris Road and Webb Road in Milton Georgia. The development is proposed to consist of 256 apartment units. The development is proposed to have two full access driveways along Deerfield Parkway at two existing median breaks. The northern site driveway will line up with Three Verizon Place and the southern site driveway will line up with Two Verizon Place. The AM and PM peak hours have been analyzed in this study. The study includes the evaluation of existing traffic operations at the intersections of Deerfield Parkway / Windward Parkway / Westside Parkway, Deerfield Parkway / Morris Road, Deerfield Parkway / Two Verizon Place / Southern Site Driveway, Deerfield Parkway / Three Verizon Place / Northern Site Driveway and Deerfield Parkway / Webb Road along with future operations after completion of the project. The recommended improvements at the study intersections are discussed in detailed below. Windward Parkway / Deerfield Parkway / Westside Parkway No Improvements will be required for base 2013 and future 2013 conditions. The intersection will operate at LOS E in the PM peak hour for base 2018 and future 2018 conditions. Westside Parkway Extension project (By City of Alpharetta) will include installation of an additional through lane (creating dual through lanes) and a separate right turn lane on the northbound approach (Westside Parkway). For the purposes of the analysis, these improvements are included for the base and future 2018 conditions. After these improvements are implemented, the intersection will operate at LOS C in the AM and LOS D in the PM peak hour. Deerfield Parkway / Morris Road Extension The intersection currently operates at LOS F in existing condition and will continue to operate at LOS F in the future. A preliminary signal warrant analysis was completed for the existing peak hour volumes. The results revealed that warrant 3 (peak hour warrant) will be satisfied based on the existing traffic volumes. Therefore, a signal installation can be considered at this location. However, a detailed signal warrant analysis should be completed prior to the installation of a traffic signal. Deerfield Parkway / Two Verizon Place / Southern Site Driveway (Median Break) Southern Site Driveway will line up with Two Verizon Place creating an eastbound approach at the existing median break on Deerfield Parkway. Following improvements are recommended at this intersection: - Provide a southbound right turn lane on Deerfield Parkway. - Provide separate right and shared through left turn lane on the eastbound approach (Southern Site Driveway) A&R Engineering Inc. 32 - Provide stop control side street (Southern Site Driveway) with main street (Deerfield Parkway) remaining free flow. Deerfield Parkway / Three Verizon Place / Northern Site Driveway (Median Break) Northern Site Driveway will line up with Three Verizon Place creating an eastbound approach at the existing median break on Deerfield Parkway. Following improvements are recommended at this intersection: - Provide a southbound right turn lane on Deerfield Parkway. - Provide separate right and shared through left turn lane on the eastbound approach (Northern Site Driveway) - Provide stop control side street (Northern Site Driveway) with main street (Deerfield Parkway) remaining free flow. Deerfield Parkway / Webb Road The intersection will operate at LOS C or better in all conditions. Therefore, no improvements are recommended at this intersection. A&R Engineering Inc. 33 ORDINANCE NO._______ PETITION NO. RZ12-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND O-I (OFFICE-INSTITUTIONAL) TO A (MEDIUM DENSITY APARTMENTS) FOR A 256 UNIT DEVELOPMENT AT AN OVERALL DENSITY OF 12 UNITS PER ACRE LOCATED ON THE WEST SIDE OF DEERFIELD PARKWAY HAVING A FRONTAGE OF 1,599 FEET (22-5280-1047-026-2) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 18th at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located on the west side of Deerfield Parkway with a frontage of 1,599 feet, consisting of a total of approximately 21.368 acres as described in the attached legal description, be rezoned to the A (Medium Density Apartments) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1114, 1047, 1113 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the A (Medium Density Apartments) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 14 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 18th day of June, 2012. _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved A (Medium Density Apartments) 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) No more than 256 total dwelling units at a maximum density of 12 units per acre based on the total acreage zoned, whichever is less. b) No more than 26 three-bedroom units. c) Height shall not exceed 45 feet as measured from average grade. 2) To the owner’s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 6, 2012*. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable City ordinances and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner’s agreement to the following site development considerations: a) To provide two bus shelters at MARTA bus stops without signage as approved by the City of Milton Design Review Board. b) Internal multi-use trails shall be a minimum of 10 feet wide or as approved by the Public Works Department. i. Internal multi-use trails shall be constructed of pervious materials as approved by the Community Development Department. c) Buildings shall be substantially the same as the designs presented by the applicant at the May 22, 2012 Planning Commission Meeting. d) Tree save areas should be considered as often as possible in regards to specimen trees. 4) To the owner’s agreement to abide by the following requirements, dedication and improvements: a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 12 feet of right-of-way from the back of curb of all abutting road improvements or 1 foot from the back of sidewalk, whichever is greater, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. ii. Installation/modification of the following transportation infrastructure to be installed in accordance with Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. SB Right Turn Lanes on Deerfield Pkwy at all site driveways a. Any existing sidewalk or utilities in conflict with new turn lane location shall be relocated. b) Any new required entrances shall meet the City of Milton Code of Ordinances and AASHTO guidelines as approved by Milton Public Works and shall conform to the following: i. The Deerfield Pkwy driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Deerfield Pkwy to the edge of any interior drive aisle or parking space. ii. Provide two full access drives and one right-in, right-out access on Deerfield Parkway. c) At the time of development of the property to the south (N/F Devender & Muralidhar Reddy), a 50-foot access easement is required along the southern driveway from Deerfield Pkwy right of way to the location on the south property line where inter-parcel access will be provided to the property to the south. i. Location of access to shared drive shall be at a minimum distance of the 95th percentile queue for the combined condition with future development or one hundred feet, whichever is greater. d) Provide a 50-foot access easement free of any structures or utilities for vehicular and pedestrian inter-parcel access on the northwest property line (N/F First Town, L.P.) as coordinated with property owner to the north and as approved by Milton Public Works. 5) To the owner’s agreement to abide by the following: a. The stormwater management facilities shall comply with the City of Milton stormwater requirements and shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it, or as may be approved by the Director of Community Development. Revised Site Plan Submitted on June 6, 2012 City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 1 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: June 7, 2012 for the June 18, 2012 City Council Meeting (June 4, 2012 First Presentation, June 11, 2012 Work Session) Agenda Item: RZ12-08 – To delete Article VII, Division 7 of the Zoning Ordinance (Chapter 64 of the City Code) – Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code in the Zoning Ordinance (Chapter 64 of the City Code) CMO (City Manager’s Office) Recommendation: The Mayor and City Council to hear and approve the attached text amendment to delete the Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code in the Zoning Ordinance (Chapter 64 of the City Code). Background: During the Spring of 2011, the Mayor and City Council asked the Community Development Department to initiate a Visioning Study of the Crabapple Crossroads area to assist in building a master plan for the community that represented the collective vision of the community. Lew Oliver, Inc. Whole Town Solutions was selected to lead the Visioning Study. Mr. Oliver and his design team held various workshops and charettes with stakeholders that included: neighborhood representatives, property owners, schools and churches, business community, elected officials, appointed board members and government staff to enhance the planning process. After several meetings, the design team created the Visioning Study. Lew Oliver made the final presentation of the Visioning Study on April 11, 2011 to the Mayor and City Council. The Mayor and City Council approved a Resolution to Accept the “City of Milton Visioning Plan” Dated March 11, 2011 Prepared by Lew Oliver, Inc. – Whole Town Solutions and subsequently on September 7, 2011. The next step in implementing the Visioning Plan for Crabapple was to take the plan to the next level of planning. Staff introduced the idea of utilizing a form based code for the plan area. This idea was endorsed by the Mayor and City Council and Staff was directed to initiate the steps for a form based code as well as to include a section on transfer of development rights. On December 7, 2011 the City of Milton held the first stakeholder meeting for the Crabapple Overlay Zoning District Form Based Code project. This group, composed of 12 Crabapple business, resident and appointed citizen representatives, plus four Milton staffers, two consultants and a planner from the Atlanta Regional Commission was tasked with creating a form-based zoning overlay district, incorporating regulations for transfer of development rights in Crabapple. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 2 Discussion: After several stakeholder and public participation meetings the first draft of the Form Based Code and Transfer of Development Rights was presented at the Stakeholders Meeting on February 29, 2012. Included in the FBC is a “Regulating Plan” Map that will delineate the new overlay district to replace the existing Crabapple Crossroads Overlay District. Staff notes that there are properties within the regulating plan that suggest a higher use of the property than the existing zoning district provides. This is permitted through the “new overlay district”. Since that time, with several edits suggested by Staff, stakeholders, and property owners the code was updated. The process for a text amendment was initiated by Staff in April, 2012. The Planning Commission reviewed it at their April 23rd meeting with a Community Zoning Information Meeting held on April 24, 2012. The Plan was next presented at a Planning Commission Work Session on May 15, 2012 with both Caleb Racicot from TSW and Lew Oliver present to address questions specific to landscape and architectural standards. At the Work Session, the Planning Commission debated if there should be the same Architectural Standards as described in Article 4.14 for not only multi-family and commercial structures, but also for single family residential structures. Up to this point in time, only standards for commercial and multi-family buildings, as opposed to single family structures, were vetted through the Stakeholder meetings. Staff confirmed with the City Attorney that all properties, not already issued a building permit, would be required to meet the new standards of the Crabapple Form Based Code after the adoption of said text amendment. The Planning Commission at its meeting on May 22, 2012 recommended that single family residential structures be held to the same standard as commercial and multi-family buildings by a vote of 4-3. The draft Crabapple Form Based Code which includes the Transfer of Development Rights is provided for your review. The red lines indicate the proposed changes and or additions recommended by the Planning Commission. No one spoke at the public hearing before the vote. Staff is providing three sets of the proposed Crabapple FBC. The first is a clean copy that incorporates all the changes including the Planning Commission and City Attorney’s recommendations. The second version is the Planning Commission’s that indicate their recommendations in red. The third version is the City Attorney’s that indicate his recommendations in purple after the Planning Commission’s recommendations were accepted. There are two maps in the packet: the first is the Crabapple Regulating Plan which represents the designated Transect Zones. This map will be incorporated into the text amendment. The second is the Crabapple TDR Zones which will not be adopted into the Crabapple FBC but provide guidance for future transfer of development rights. Overall, there has been a very positive and excited response from residents, property owners, business owners and developers to the form based code in Crabapple. Staff has met with several potential land owners and developers regarding the upcoming changes that the adoption of the form based code will bring to the area. City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 3 Alternatives: The Mayor and City Council may choose to approve, deny or defer the Text Amendment to delete Article VII, Division 7 of the Zoning Ordinance (Chapter 64 of the City Code) – Crabapple Crossroads of the Northwest Fulton Overlay and concurrently adopt a new Article XIX, Crabapple Form Based Code in the Zoning Ordinance (Chapter 64 of the City Code) Concurrent Review: Chris Lagerbloom, City Manager Ken Jarrard, City Attorney – Reviewed June, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS ARTICLE 3. PUBLIC STANDARDS 3.1 INSTRUCTIONS 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES ARTICLE 4. LOT AND BUILDING PLANS 4.1 APPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 OFF-STREET PARKING AND LOADING 4.9 PARKING LOCATION STANDARDS 4.10 LANDSCAPE STANDARDS 4.11 LIGHTING STANDARDS 4.12 DRIVE-THROUGH STANDARDS 4.13 GASOLINE STATION STADNARDS 4.14 SIGN STANDARDS 4.15 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A VEHICULAR LANE DIMENSIONS TABLE 2B VEHICULAR LANE/PARKING ASSEMBLIES TABLE 3A PUBLIC FRONTAGES - GENERAL TABLE 3B PUBLIC FRONTAGES - SPECIFIC TABLE 3C THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 11C CODE GRAPHICS - T5 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 2 ARTICLE 1. GENERAL INSTRUCTION 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Crabapple, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Crabapple. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Crabapple should be secured through form-based codes. 1.2 APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisory, with the exception of those in Table 12 Definitions Illustrated, which are legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code shall apply to all property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Crabapple Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5. 1.3.4 The standards for Transect Zone T4 shall also apply to zones T4-Restricted and T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by the standards of the base zoning as indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Within historic districts or properties, the historic preservation commission, as set forth in Article XVII of this zoning ordinance, shall review plans for all development in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. Where a site partially occupies a historic district, the historic preservation commission’s review shall be limited to the portion within said district. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64- 1885 by the community development director. 1.5.3 Warrants relating to a physical element or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 4 b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent variance. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 5 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space that meets one of the following conditions: a. Is located within a Parking Structure having two or more above-ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight- line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this district or AG-1 outside of this district and shall contain natural or agricultural features whose retention would implement Milton’s goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in a plan or code adopted by the City Parcels in public ownership prior to the effective date of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall specify that all other uses, building requirements and activities shall be CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 6 controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside of this district. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and submit the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside the this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 7 ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. TDR Sending Site property owners who are issued TDRs may retain them, transfer them directly to TDR Receiving Site developers or transfer them to intermediaries who may also retain them or transfer them to TDR Receiving Site developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDR to exceed Base Densities and achieve the maximum code-allowed Density at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving Sites. 1.7.9 Density Transfer Charge Option: If and when the mayor and city council adopts a Density Transfer Charge (DTC), TDR Receiving Site owners may gain bonus Density by paying the legislated DTC amount in lieu of each TDR that would otherwise be required. The city shall use DTC proceeds exclusively for the preservation of TDR Sending Sites and TDR program administration. The city may combine DTC proceeds with funding from other sources in order to acquire TDR Sending Sites and TDR Sending Site easements. Based on the recommendations of the community development director, the mayor and city council may adjust the DTC amount as needed in response to changes in real estate values. 1.7.10 Compliance Requirements a. When the use of TDR results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. B. When the use of TDR results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 8 ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces. c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation. Property owners within the plan area shall submit Building Scale Plans under Article 4 in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this overlay may apply for a Warrant to adjust the locations of Thoroughfares from those shown in the Crabapple Regulating Plan by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Crabapple Regulating Plan is maintained. 2.1.4 The owner of a parcel or abutting parcels in this overlay may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article VIX in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any 2.2.3 The following elements shall not deviate from those established in the Crabapple Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Crabapple Regulation Plan are maintained. 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as generally described in Table 4 and as allowed in the Transect Zones in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 9 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 10 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this overlay district. 2.3.2 Adjacent to a Special District the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. b. For sites greater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to a Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 10 ARTICLE 3. PUBLIC STANDARDS 3.1 APPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Crabapple Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Thoroughfares not shown in the Crabapple Regulating Plan may be permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Cul-de-sacs are allowed only by Warrant to accommodate specific site conditions. b. Civic Spaces not shown in the Crabapple Regulating Plan may be provided. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted so that the newer Thoroughfare’s vehicular lane and parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10 section c. 3.1.8 Rear Alleys shall be paved for their width. 3.1.9 Rear Lanes may be paved lightly to driveway standards. Rear Lanes shall consist of gravel or landscaped edges, and have no raised Curb. 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.3.1 A bicycle and equestrian network consisting of Greenways (which may include Multi-Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Crabapple Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Crabapple Regulating Plan, granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 11 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise be part of the Public Frontage then it shall also be considered part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones as specified in Table 10 section c. c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Where this occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 372 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise provided. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. 3.4.3 Specific to zones T3, T4, T5 a. Street trees shall be spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. Street trees shall be planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5 a. Street trees shall be planted in a regularly-spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on- center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Where approved by the public works director, on-street parallel parking may be provided in lieu of the Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted with one street tree shall still be provided between every two parking spaces. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 12 3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372 a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. b. Civic Spaces shall be designed as described in Table 4. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for Playgrounds and Parks. d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 13 ARTICLE 4. BUILDING SCALE PLANS 4.1 INSTRUCTIONS 4.1.1 Lots and buildings shall be subject to the requirements of this Article. 4.1.2 Building and site plans submitted under this code shall show compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages b. For final approval, in addition to the above: i. Landscaping ii. Signage iii. Special Requirements, if any iv. Architecture 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Regulating Plan. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 A property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that shall apply. 4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements: a. A mandatory Retail Frontage designation requires that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mandatory Gallery Frontage designation requires that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 14 c. A mandatory Arcade Frontage designation requires that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as illustrated in Table 7). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. e. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e except as otherwise approved by Warrant. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 10 section f except as otherwise approved by Warrant. g. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zone T3 a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said T3 zone. 4.4.3 Specific to zones T4 Open, T5 a. The Principal Entrance shall be on a Frontage Line. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5 a. Buildings shall consist of simple rectangular forms. There shall be one primary volume with optional secondary volumes. Secondary volumes shall butt into the primary volume. The roof form of the primary CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 15 volume shall clearly dominate. Secondary roof forms shall never dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. b. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet. ii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. c. The Private Frontage of buildings shall conform to Table 7 and Table 10. d. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. e. Building heights shall conform to Table 5. f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. g. A first level Residential Function may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. i. Building height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. j. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. k. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer’s depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer’s depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer’s depth. 4.5.4 Specific to zone T5 b. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. c. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. d. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer’s depth. e. In the absence of a building Facade along any part of a Frontage Line, a Streetscreen shall be built co- planar with the Facade. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 16 f. Streetscreens shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. g. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. h. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts are required on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T5 a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zone T4-Restricted a. Lodging, Office, and Retail Functions shall be prohibited. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 8A. 4.6.5 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.6 Specific to zone T5 a. Industrial Functions within the First Layer may be permitted by Variance. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. Where permitted within the first Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 17 moderately growing, be a minimum height of 42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 OFF-STREET PARKING AND LOADING 4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.8.2 Subject to the approval of the director of the community development department by Warrant, off-street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.8.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements for Residential Functions. 4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9 PARKING LOCATION STANDARDS 4.9.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.9.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First Layer. b. Garages shall be located at the Third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.9.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.9.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. 4.9.5 Specific to zones T4-Open, T5 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 18 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 410 LANDSCAPE STANDARDS 4.10.1 General to zones T2, T3, T4, T5 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Thick flagstone stepping-stones are permitted. d. Concrete shall be broken up with banding a maximum of 20 inches apart. Banding shall be achieved through the use of contrasting materials or texture. e. Stamped concrete is prohibited. 4.10.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.9.2 and Section 4.9.3. 4.10.3 Specific to zone T3 a. A minimum of two trees shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.10.4 Specific to zone T4 a. A minimum of one tree shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.10.5 Specific to zone T5 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.10.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) k. Lespedeza cuneata (sericea Lespedeza) CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 19 l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.11 LIGHTING STANDARDS 4.11.1 Parking lot lighting shall meet the following standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Post arm style shall be Shepherd's Crook. 4.11.2 Public pedestrian lighting shall meet the following standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Post styles shall be pole-top, bollard, or Shepard's Crook. 4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. 4.11.4 Shoe box and cobra style lights are prohibited. 4.11.5 Light housings and posts shall be a dark color/material and be nonreflective. 4.11.6. Sodium vapor, exterior neon, and colored lights are prohibited. 4.11.7 Only fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.11.10 Building exterior light fixtures shall meet the following standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 20 b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their alley elevation. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.12 DRIVE THROUGH STANDARDS 4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.12.2. Drive-through facilities and all associated vehicular queuing shall be located at the rear of the Principal Building if feasible, but shall be located at the side if not feasible. 4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13 GASOLINE STATION STANDARDS 4.13.1. Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.13.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.11.9. 4.14 SIGN STANDARDS 4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located within the First Layer in zone T5 unless approved by Variance. 4.14.3 Sandwich boards shall be exempt from this restriction. 4.15 ARCHITECTURAL STANDARDS 4.15.1 The following standards shall apply to all buildings 4.15.2 Buildings shall be designed in one of the following styles as defined in Article 7 Architectural Styles: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.15.3 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize one of the styles identified in Section 4.15.2 wherein conformance is achieved through the use of stylistic architectural details. 4.15.4 Except within a designated historic district, compliance with the styles listed in Section 4.15.2 shall be as determined by the community development director following comment from the city design review board. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 21 4.15.5 Exterior Walls a. Technical and aesthetic requirements i. Wall finishes on individual buildings shall be the same on all sides; appendages or secondary wings may assume a differing finish according to visibility and architectural merit. ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty shapes are prohibited. iii. Trim shall be consistent on all sides of the building; the primary building mass or the Facade may be further embellished or enhanced. iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent. b. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on each Elevation or Facade only horizontally, with the heavier below the lighter. iii. Exterior Material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. iv. Vinyl or aluminum siding, synthetic stone veneer, and dry-stacked stone are prohibited. v. Stone, brick, and mortar color and style shall match building style. vi. Stone shall have a visible mortar joint and be at least 3.5 inches in depth. vii. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed. viii. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. ix. Wood shingles shall be level at the bottom edge. 4.15.6 Roofs a. Technical and aesthetic requirements i. The roof slope on a single mass shall be the same on all sides, except for cat-slides and sheds. ii. Roof slopes shall match building style. iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent possible. iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered or piped, and diverted away from adjacent lots. b. Materials i. Materials shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated slate or wood shingles. ii. Gutters shall either be half-round with round downspouts, metal-lined wood, or architecturally formed or molded. Gutter finishes may be copper, unpainted galvanized metal, or color to resemble galvanized metal. iii. Wood shingles shall not drain onto metal roofs. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 22 4.15.7 Foundations a. Foundations shall be constructed of poured concrete or concrete masonry units. b. Foundations may be finished with smooth stucco, brick, or stone. c. Front porches of wood shall be supported on masonry piers finished in smooth stucco, masonry, brick, or stone. Piers shall have a minimum width of 18 inches and a minimum depth of 8 inches. 4.15.8 Windows a. The provision of windows shall match building style. b. Technical and aesthetic requirements i. Windows and casings shall match building style. ii. Windows shall not be omitted on Elevations. iii. Window sills shall have a minimum depth of 1.5 inches. iv. Ganged windows and bays shall have a continuous sill and 4 inch mulls minimum. v. Grill between glass, reflective glazing, and pop-in grills are prohibited. vi. Windows shall be True Divided Lite or Simulated Divided Lite. c. Materials i. Windows shall have sash with a minimum face width of 2 inches; the dimension of the glass surface to sash and muntin face shall be a minimum of 0.75 inch. ii. Non-glass exterior window components shall be faced in wood, clad wood, or polymer materials, and said materials shall be paint grade or pre finished. 4.15.9 Doors and windows that operate as sliders are prohibited along Frontages. 4.15.10 Doors a. Technical and aesthetic requirements i. Doors and casings shall match building style. ii. Exterior front doors or doors visible from a public way, shall be hardwood, and may be stained or painted. b. Materials i. Plastic laminated, stamped metal, and leaded/beveled glass doors are prohibited. Tropical hardwoods are prohibited unless Forest Stewardship Council certified. ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut, cypress, pecan, are acceptable varieties. iii. Garage doors shall be wood, composite, or metal. Faux strap hinges, embellishments, standard paneled doors, and arched glass panels shall be prohibited. 4.15.11 Shutters a. Shutter design shall match building style. b. Shutters shall be solid-core polymers or durable hardwoods. c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited. d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank or louver shutters are acceptable. The minimum thickness of shutters shall be 1.25 inches. e. Shutters shall occur in pairs, except that windows narrower than 3 feet may utilize a single shutter. 4.15.12 Crawl space vents shall match building style. 4.15.13 Chimneys a. Chimneys shall be proportioned, tapered, and shall match building style. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 23 b. Stacks shall be faced in smooth integral finish stucco or brick, or detailed as exposed metal flues. c. Siding or stucco board is prohibited as a finish material for chimneys. 4.15.14 Porches and balconies a. Technical and aesthetic requirements i. Columns shall match building style. ii. Classical columns shall be architecturally correct. iii. Railings shall be simple pickets or fretwork centered on rails. b. Materials i. Porch floors shall be wooden and shall rest on masonry piers finished in brick, stone, or smooth stucco. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Openings between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, and shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. vi. Sheet metal and foam columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; 4.15.15 Trim a. Trim shall match building style. i. Trim shall be consistent on all sides of building masses, with emphasis on the primary building mass and façade. ii. Trim for wings not along a Frontage may be simplified to match building style. b. Materials i. Trim shall be of wooden or synthetic planks with enough thickness to conceal the edge of the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards, and similar architectural details shall be 1.25 inch thick material. ii. Pressure treated trim is prohibited. III. All trim shall be dressed. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Shopfronts, Galleries Typical Building Height:1- to 3-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 24 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton DESIGN SPEED TRAVEL LANE WIDTH T2 T3 T4 T5 25-35 mph 10 feet ■■■■■BY RIGHT 25-35 mph 11 feet ■■□BY WARRANT Above 35 mph 12 feet ■■ DESIGN SPEED PARKING LANE WIDTH 25 mph (Angle 18 feet)■ 25 mph (Parallel) 7 feet ■ 25-35 mph (Parallel) 8 feet ■■■ Above 35 mph (Parallel) 9 feet ■ DESIGN SPEED EFFECTIVE TURNING RADIUS 20-25 mph 10-15 feet ■■■■ 25-35 mph 15-20 feet ■■■■ Above 35 mph 20-30 feet ■□ TABLE 2A: Vehicular Lane Dimensions. This table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for each of these sections. The most typical assemblies are shown in Table 2B. Specific requirements for truck and transit bus routes and truck loading shall be decided by Warrant. Use of standards in this table are subject to approval by the public works director. (See Table 12) 25 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T2 T2 T2 Design ADT Pedestrian Crossing Design Speed b.T3 T4 T3 T4 Design ADT Pedestrian Crossing Design Speed c.T3 T4 T3 T4 T5 T4 T5 T4 T5 T5 Design ADT Pedestrian Crossing Design Speed d.T4 T5 T4 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed e.T5 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed f.T5 T5 Design ADT Pedestrian Crossing Design Speed 13 Seconds 25 -30 MPH 25 - 30 MPH 25 - 30 MPH 5 Seconds 8 Seconds PARKING ONE SIDE PARALLEL 5,000 VPD 18,000 VPD 16,000 VPD 8 Seconds 11 Seconds 15,000 VPD 32,000 VPD 5 Seconds 7 Seconds 22,000 VPD 9 Seconds YIELD PARKING 1,000 VPD 1,000 VPD 2,500 VPD 5 Seconds 25 MPH 15 Seconds NO PARKING 300 VPD 3 Seconds 25 - 30 MPH PARKING BOTH SIDES PARALLEL 20,000 VPD 36,000 VPD 13 Seconds 35 MPH or above 10 Seconds 10 Seconds 13 Seconds 15,000 VPD 22,000 VPD 32,000 VPD PARKING BOTH SIDES DIAGONAL 20,000 VPD 15,000 VPD 35 MPH and above 25 - 30 MPH 17 Seconds 17 Seconds 20 Seconds 22,000 VPD 31,000 VPD 25 - 30 MPH 25 - 30 MPH 25 - 30 MPH 3 Seconds PARKING ACCESS TABLE 2B: Vehicular Lane/Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and Turning Radii assembled for Thoroughfares. Use of standards in this table are subject to approval by the Director of the Department of Public Works. Where on-street Bicycle Lanes are provided, the paved width shall be inreased a corresponding amount T4-O 23 Seconds 25 MPH 25 MPH 25 - 30 MPH ONE WAY MOVEMENT ──────────────── ►TWO WAY MOVEMENT ────────────────────────────────────────── ► 6 Seconds T4-O 26 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 T5 e.T3 T4 T5 f.T5 g.T3 T4 T5 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) (AV) For Commercial Street or Avenue: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 3A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 3B. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 27 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TRANSECT ZONE T2 T3 T2 T3 T4 T5 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width Raised Curb 5-20 feet Sidewalk Sidewalk Raised Curb 5-20 feet Sidewalk 4-8 feet 4-8 feet Raised Curb TABLE 3B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. Table 3B-a assembles all of the elements for the various street types. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I I I I I I I TRANSECT I I I I I Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 CS-DR-AV-BV 12-30 feet Continuous Planter 8 feet - 12 feet Single Single 4 feet - 6 feet Single Continuous Planter 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered Alternating Continuous Planter 8 feet - 16 feet Continuous Swale Clustered Clustered Tree Well 4 feet - 6 feet 10-30 feet Regular Sidewalk 12-20 feet Regular Regular Opportunistic Continuous Swale Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a T5 16-24 feet 12-18 feet 18-24 feet ST-DR-AV-BVHW & RD CS-DR-AV-BV Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. T4 10-30 feet 12-24 feet Raised Curb 12-18 feet 5-20 feet T3 ST-DR-AVRD & ST 5-20 feet Open Swale 28 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-26 ST-50-28 Street Street T4, T5 T4, T5 50 feet 50 feet 26 feet 28 feet Slow Movement Yield Movement 25 MPH 25 MPH 7.4 seconds 7.6 seconds 2 lanes 2 lanes One side @ 8 feet marked Both sides @ 8 feet unmarked 10 feet 10 feet 5 foot Sidewalk 5 foot Sidewalk 7 foot continuous Planter 6 foot continuous Planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. BR BR Pavement Width Movement Landscape Type Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Transect Zone Assignment Right-of-Way Width Curb Radius Walkway Type Planer Type Curb type Transportation Provision Thoroughfare Type Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Boulevard Avenue Commercial Street Drive Street Road Rear Alley Rear Lane Highway ST-57-20-BL Thoroughfare Type Right-of-Way Width TABLE 3C: Thoroughfare Assemblies: These Thoroughfares are assembled from the elements that appear in Tables 2A and 2B and incorporate the Public Frontages of table 3A. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Pavement Width Transportation THOROUGHFARE TYPES 29 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 4: Civic Space a.T2 T3 b.T3 T4 T5 c.T4 T5 d.T5 T6 e.T2 T3 T4 T5 Playground:An Open Space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds shall be interspersed within Residential areas and may be placed within a Block. Playgrounds may be included within parks and greens. There shall be no minimum or maximum size. Park:A natural preserve available for unstructured recreation. A park may be independent of surrounding building Frontages. Its landscape shall consist of Paths and trails, meadows, water bodies, woodland and open shelters, all naturalistically disposed. Parks may be lineal, following the trajectories of natural corridors. The minimum size shall be 8 acres. Green:An Open Space, available for unstructured recreation. A Green may be spatially defined by landscaping rather than building Frontages. Its landscape shall consist of lawn and trees, naturalistically disposed. The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Square:An Open Space available for unstructured recreation and Civic purposes. A Square is spatially defined by building Frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares shall be located at the intersection of important Thoroughfares. The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Plaza:An Open Space available for Civic purposes and Commercial activities. A Plaza shall be spatially defined by building Frontages. Its landscape shall consist primarily of pavement. Trees are optional. Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. 30 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 T3 T4 T5 T5 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. 31 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T4 b.T4 T5 c.T4 T5 d.T5 Rearyard: Specific Types - Townhouse, Rowhouse, Live-work unit, loft building, Apartment House, Mixed use Block, Flex Building, perimeter Block. A building that occupies the full Frontage, leaving the rear of the Lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: Specific Types - patio House. A building that occupies the boundaries of its Lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime- prone areas. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: Specific Types - single-family House, Cottage, villa, Estate House, urban villa. A building that occupies the center of its Lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: Specific Types - Charleston single-House, double house, zero-lot-line house, twin. A building that occupies one side of the Lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 32 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 d.T4 T5 e.T4 T5 T6 f.T4 T5 g.T4 T5 h.T5 T6 TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN Arcade: a collonade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. 33 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T3 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimied within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open, T5 Function regulations shall apply Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are prohibited in T4-Restricted. Open Office:The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net office space. Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 34 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 f. OTHER: AGRICULTURE T2 T3 T4-R2 T4 T4-O3 T5 Apartment UUU Grain Storage R Live/Work Unit R RRR Livestock Pen W Row House RRRR Greenhouse RW Duplex House RRRR Stable RW Courtyard House RRRR Kennel RW Sideyard House RRRRRf. OTHER: AUTOMOTIVE Cottage RRRR Gasoline WW House RRRRR Automobile Service Accessory Unit RR RRR Truck Maintenance b. LODGING Drive-Through Facility WW Hotel RR Roadside Stand R RRR Bed & Breakfast Inn UU RRR Billboard S.R.O. Hostel U URR Shopping Center School Dormitory RRR Shopping Mall c. OFFICE f. OTHER: CIVIL SUPPORT Office Building RR Fire Station RRRRRR Live/Work Unit R RRR Police Station RRRR d. RETAIL Cemetery RW W Open-Market Building RR RRR Funeral Home RR Retail Building RRR Hospital Display Gallery RRR Medical Clinic RR Restaurant RRRf. OTHER: EDUCATION Kiosk RRR College WW WWW Push Cart WW High School WW WWW Liquor Selling Establsihment WW Trade School WW WWW Adult Entertainment Elementary School RR RRR e. CIVIC Other - Childcare Center RR RRR Bus Shelter R RRRRRf. OTHER: INDUSTRIAL Convention Center Heavy Industrial Facility Conference Center WW Light Industrial Facility W Exhibition Center Manufacuring W Fountain or Public Art RRRRRR Laboratory Facility Library RRR Water Supply Facility Live Theater RR Sewer and Waste Facility Movie Theater RR Electric Substation WWWWWW Museum RR Wireless Transmitter W Outdoor Auditorium WR RRR Cremation Facility Parking Structure RR Warehouse Passenger Terminal Produce Storage Playground RRRRRR Mini-Storage Sports Stadium Surface Parking Lot WWWR: ALLOWED BY RIGHT Religious Assembly UUUUUUW: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT 2. T4-Restricted 3. T4-Open TABLE 9: Specific Function and Use. This table expands the categroies of Table 8 to delegate specific Functions and uses within Transect Zones. 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). 35 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard Courtyard i. Common Yard Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery Arcade j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. TABLE 10: Code Summary 4. Within T4-Restricted and T4-Open different Building Function requirements applyFUNCTIONopen use open use open use open use 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4 prohibited use restricted use limited use4 restricted use restricted use limited use4 3 stories max. 1 min. 3 stories max. 3 stories max. 2 stories max. 2 stories max. 3 stories max. BUILDING FUNCTION (See Table 8 and Table 9) restricted use restricted use limited use4 3 stories max. 3 stories max. 1 min. BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMpermitted not permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted permitted permitted not permitted permitted PRIVATE FRONTAGES (See Table 7) not permitted permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. 3 ft. max. SETBACKS - OUTBUILDING (See Table 11) 2 ft. min. 15 ft. max. 25 ft. min.5 or 10 ft. min.2 0 ft. min. 0 ft. min. 24 ft. max. 60 ft. min.15 or 20 ft. min.2 10 ft. min. 30 ft. max. 80% max. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. permitted permitted permitted permitted LOT OCCUPATION 100 ft min 70 ft. min 120 ft. max. 18 ft. min 96 ft. max. 18 ft. min 180 ft. max. not permitted not permitted permittednot permitted not permitted permitted permittednot permitted not permitted permitted permitted permitted permitted permitted permitted permitted permitted by Warrant permitted permitted permitted permitted permitted by Warrant not permitted permitted permitted permitted permitted permitted permitted not permittedpermitted permitted permitted not permitted not permitted permitted required, or Lane required permitted permitted required, or Alley permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. 2,000 ft. max. 14 units / ac. TDR not permitted 6 units / ac. 9 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 3 units / ac. 5 units / ac. 9 units / ac. 50 ft. min. 3 ft. min. 50% min. 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 not applicable 30% min. THOROUGHFARES (See Table 2 and Table 3) CIVIC SPACES (See Table 4) 70% min. 3 ft. min. permitted permitted not permitted not permitted permitted not permitted 0 ft. min. 8 ft. min. 20 ft. max. 2 ft. min. 15 ft. max. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 40 ft. max. from rear prop permitted permitted permitted permitted 36 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. restricted use restricted use restricted use 1. prohibited use k. 3 stories max.2. 2 stories max. f. 70 ft. min. 120 ft. max. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. (g.2) Front Setback Secondary Residential Lodging Edgeyard Sideyard SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Office Retail Principal Building Outbuilding Lot Width Lot Coverage Rearyard Courtyard BUILDING PLACEMENT (See Table 6) SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (g.1) Front Setback Principal (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. PARKING PLACEMENT Terrace or Lightwell Forecourt Stoop Shopfront & Awning ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery Arcade 37 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min., 96 ft. max. 70% max. i. permitted permitted permitted 1. not permitted g. 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. not permitted 1. permitted permitted permitted permitted 2. permitted permitted not permitted Refer to Summary Table 10 *Within T4-Restricted and T4-Open different Building Function requirements apply "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard Courtyard (g.1) Front Setback Principal (g.2) Front Setback Secondary (h.1) Front Setback Principal Arcade (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). 38 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T5 1. 2. 3. (See Table 1) l. open use open use open use 1. open use k. 3 stories max.2. 2 stories max. f. 18 ft. min., 180 ft. max. 80% max. i. not permitted permitted permitted 1. permitted g. 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.* 70% min. at setback h. 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted permitted Refer to Summary Table 10 * or 15 feet from center line of alley BUILDING FUNCTION (See Table 8 & Table 8) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet. Height shall be measured to the eave or roof deck as specified on Table 8. (g.1) Front Setback Principal Residential Lodging Edgeyard Sideyard Office Retail Principal Building Outbuilding Lot Width Lot Coverage (g.3) Side Setback (g.2) Front Setback Secondary Rearyard SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) Courtyard Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT 3.Trash containers shall be stored within the third Layer. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) (h.3) Side Setback Common Lawn Porch & Fence Gallery Arcade Terrace or Lightwell Forecourt Stoop Shopfront & Awning (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (h.2) Front Setback Secondary SETBACKS - OUTBUILDING (See Table 10g) 39 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 40 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 41 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS This Article provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Unit: a small Apartment sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 42 Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 43 Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails and Equestrian Trails. . Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table- mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 44 Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. . Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A and Table 3B. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 45 Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights from areas to be preserved as open space to areas to be more densely urbanized. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 46 TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 47 ARTICLE 7. ARCHITECTURAL STYLES This Article provides an overview of the five architectural styles and colors that shall be utilized for all new buildings except single-family detached residential, as established In Section 4.14. Because the execution of specific styles can vary, the information contained in this article is advisory and for the expressed purpose of guiding the city design review board in reviewing buildings. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12’ for commercial buildings, and 7 feet to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, it’s form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity Americans felt with the ideals of Greek democracy. The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing. In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the form of a classical billboard, which is one of the more charming aspects of this region’s native architecture. Porches vary in prominence, being either the fabled Southern full-width two-story version or the less ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 48 features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys, being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek architecture are usually simplified into square adaptations. Classical details are large and bold as opposed to the earlier, mild- mannered Adam Style, with wide, prominent entablature with Greek Doric columns being the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and vernacularized classical profiles. Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window sash are white or black. Wood-mold brick is in the red to earth range. Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in the 1850s. As its name implies, the Renaissance houses of Italy are its inspiration. The style is picturesque or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow hipped or gabled roofs; attic windows; tall windows that are frequently arched and clustered; iron balconies; massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of this style. Facades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usually internal to the building mass. In the South, there are many interpretations of the style executed in wood, with Renaissance-style ornament adapted to local skill levels. Some versions of this style are easy to construct, especially if the building material is brick, for then fundamental masonry techniques are used such as full or segmental arches, lintels, and load-bearing walls. Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and golds. Trim colors and sashes are usually painted darker than the siding. Wood-mold brick is in the red to earth range. Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival, was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a reaction to the classical styles so popular at the time of the Adam style or Federal style, and the Greek Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic of the era. Many Americans associate the style with Grant Wood’s American Gothic, a painting depicting a rather austere midwestern husband and wife set in front of a plain board and batten cottage with a pointed arched window. Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches, and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as “gingerbread”. Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia area. From Rome’s medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become inextricably fused with the American psyche. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 49 England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden- frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Examples exist of this style in the Crabapple Community. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, “L” configurations, catslide roofs, and vernacular forms. Wings and additions often occur that are subordinate in scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Facades may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on the quality of an outdoor room. Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans were not about to give up the light that they had become used to in the Victorian period. Refined stylistic detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate, wood shingle, French tile, and standing seam metal. Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and grotesques ornament. Other Colonial Revival buildings are hybridized with the Craftsman style and feature straightforward construction detailing such as out-lookers supporting broad eaves, plain Tuscan columns with no base or capital necking details, and post and beam casings. Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date. James Means, a 20th century Atlanta architect, designed Plantation Plain houses across the state of Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 50 Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth wood mould brick in the red to earth range, and occasionally buff to taupe range is complimented with grape vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly raked mortar joints. Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820, although in provincial locations; its influence lasted until around 1840. The style developed directly from Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and its government with that of Republican Rome, with a parallel movement occurring in France. The refined ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert Adam in the development of the style. Architects such as William Jay of Savannah further developed it. Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and keystones. Classical detailing is deliberately scaled down. Facades are intentionally understated and plain. Emphasis is placed on the frontispiece and on the fine tailoring of the building. Windows are large and regularly spaced. Paint colors for siding, trim, and sashes are typically white, cream, and light grey with shutters being tinted black. Wood-mold brick is in the red to earth range. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real” materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and “haint” blue. Designs that take inspiration from the Greek Revival style will display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard trimmed in white with red doors, and shaker inspired colors. The designer should research period colors and become familiar with the combinations that can be used. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above-noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design Guidelines for examples. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 51 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 52 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 53 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 54 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 55 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 56 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton June 5, 2012 57 BirminghamHwyAr nol d M ill R dMayfieldRdMidBroadwellRdGreenRd Broadwell RdCrabapple RdSchoolDrMcFarlinLnOwens Lake Rd A rn o ld M illR dLecomaTrceChar l o t t e D r Owens Farm RdOld Cedar LnDunbrodyDrWatersideDrDanesfeldDrPetersfordWayWaterhaven Ln H a y b rid g e Ln DunbrodyAveTensasTrceStillhouse Ln Morningpark Cir ArklowDrO w e n s B r id g e R d Brookeivey LnBranyan TrlArborNorthWaySixHillsLnSpringwell LnParksteadLnEngerPlMcCausLnEtchison Ln C ro y to nTe rNakomisPlAttawanPlOldPlaceDrHuntburyLnRosevillePlMarstrowDrB e r kshire Ln CannongateCtSaybeckWayItaskaWalkCrabapple Regulating Plan - DRAFT V60 0.25 0.50.125MilesPrepared by Tunnell-Spangler-Walsh & AssociatesCRABAPPLE FORM-BASED CODELegendT5T4-OpenT4T4-RestrictedT3T2Civic Building SiteCivic SpaceSuitable for a Civic SpaceExistingThoroughfareProposedThoroughfareProposed GreenwayProposed Golf Cart/Pedestrian WayProposed Bicycle RouteThis map produced using data provided by the City of Milton, Fulton County,the Atlanta Regional Commission, field work by Tunnell-Spangler-Walsh & Associates,and other public sources. Data are not guaranteed.June 5, 2012CrabappleCrossing E.S.NorthwesterM.S.MiltonH.S.AG-1R-2CUPR-4T3T3T4T4OpenT3T5PotentialConnection toAlpharettaPotentialConnection toAlpharettaT2T2T2T4PotentialConnection toAlpharettaT4OpenT4OpenT4RestrictedT3T5 BirminghamHwyAr nol d M ill R dMayfieldRdMidBroadwellRdGreenRd Broadwell RdCrabapple RdSchoolDrMcFarlinLnOwens Lake Rd A rn o ld M illR dLecomaTrceChar l o t t e D r Owens Farm RdOld Cedar LnDunbrodyDrWatersideDrDanesfeldDrPetersfordWayWaterhaven Ln H a y b rid g e Ln DunbrodyAveTensasTrceStillhouse Ln Morningpark Cir ArklowDrO w e n s B r id g e R d Brookeivey LnBranyan TrlArborNorthWaySixHillsLnSpringwell LnParksteadLnEngerPlMcCausLnEtchison Ln C ro y to nTe rNakomisPlAttawanPlOldPlaceDrHuntburyLnRosevillePlMarstrowDrB e r kshire Ln CannongateCtSaybeckWayItaskaWalkCrabapple TDR Zones - DRAFT V60 0.25 0.50.125MilesPrepared by Tunnell-Spangler-Walsh & AssociatesCRABAPPLE FORM-BASED CODELegendExistingThoroughfareProposedThoroughfareProposed GreenwayPreserved Rural AreaExisting Open SpaceSuitable for a Civic SpaceTDR Receiving SiteTDR Sending SiteThis map produced using data provided by the City of Milton, Fulton County,the Atlanta Regional Commission, field work by Tunnell-Spangler-Walsh & Associates,and other public sources. Data are not guaranteed.June 5, 2012CrabappleCrossing E.S.NorthwesterM.S.MiltonH.S.PotentialConnection toAlpharettaPotentialConnection toAlpharettaPotentialConnection toAlpharetta CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS ARTICLE 3. PUBLIC STANDARDS 3.1 INSTRUCTIONS 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES ARTICLE 4. LOT AND BUILDING PLANS 4.1 INSTRUCTIONSAPPLICABILITY 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 OFF-STREET PARKING AND LOADING 4.9 PARKING LOCATION STANDARDS 4.10 LANDSCAPE STANDARDS 4.11 LIGHTING STANDARDS 4.12 DRIVE-THROUGH STANDARDS 4.13 GASOLINE STATION STADNARDS 4.14 SIGN STANDARDS 4.15 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A VEHICULAR LANE DIMENSIONS TABLE 2B VEHICULAR LANE/PARKING ASSEMBLIES TABLE 3A PUBLIC FRONTAGES - GENERAL TABLE 3B PUBLIC FRONTAGES - SPECIFIC TABLE 3C THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 11C CODE GRAPHICS - T5 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 2 ARTICLE 1. GENERAL INSTRUCTION 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Crabapple, ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discouraged in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Crabapple. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-governance. m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Crabapple should be secured through form-based codes. 1.2 APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 and Article 7 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence when applied to the regulations found herein. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered advisoryguidelines, with the exception of those in Table 12 Definitions Illustrated, which are also legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 The regulations set forth in this form-based code district shall apply to the areas mapped in the following, which are hereby incorporated by reference into the official zoning map all property located within the boundaries identified in the Crabapple Regulating Plan adopted concurrently herewith, which shall be kept on file with the Community Development Department, and which is hereby incorporated by reference. The Crabapple Regulating Plan shall also be shown on the Official Zoning Maps of the City of Milton, Georgia as an overlay district in compliance with Section 64-1026 of this zoning ordinance. a. Crabapple Regulating Plan, which shows the location of Transect Zones, Civic Zones, Special Districts, and Thoroughfares subject to regulation by this code. a. Crabapple TDR Zones, which shows the location of TDR Sending Sites, TDR Receiving Sites and areas suitable for Civic Sites subject to Section 1.7 of this code. 1.3.2 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill Regulating Plan. 1.3.3 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5. 1.3.4 The standards for Transect Zone T4 shall also apply to zones T4-Restricted and T4-Open except as specifically indicated. 1.3.5 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by the standards of the base zoning as indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable as set forth by Section 64-1120 or Article XVIII of this zoning ordinance.. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. 1.4.3 Within historic districts or properties, the historic preservation commission, as set forth in Article XVII of this zoning ordinance, shall review plans for all development in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit, or demolition permit for both residential and nonresidential structures. Where a site partially occupies a historic district, the historic preservation commission’s review shall be limited to the portion within said district. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescribed in this code CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 4 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance under Section 64- 1885 by the community development director. 1.5.3 Warrants relating to a physical elements or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. 1.5.4 Warrants relating to a use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals as described in Section 64-1888. 1.5.6 If a Warrant or Variance is requested in conjunction with an application for an Infill Regulating Plan, the mayor and city council shall process the requested warrants and variances as a concurrent varianceThe mayor and city council may shall process Warrants and Variances as a concurrent variance in conjunction with approval of an Infill Regulating Plan. 1.5.7 With respect to the review of Variances, the city design review board shall only make recommendations for Variances. 1.5.8 No Warrants or Variances may be issued for the following standards and requirements shall not be available for: a. The minimum Base Densities. (See Table 10 section a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10 section a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10 section a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the Transect Zone's maximum Density of the Transect Zone for the site as whole as established in Section 1.6.3 is not exceeded. 1.6.5 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 5 b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not count towards Density calculations. 1.6.10 The number of Building Units allowed on a site may be increased by two Building Units for every one parking space provided that parking meets one of the following conditions: a. Is located within a Parking Structure having two or more above -ground stories, including the ground level. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight- line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. 1.6.11 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10a10 section a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TDR program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. The owners of TDR Receiving Sites can build up to Base Densities without using TDRs. If they choose to do so, owners of TDR Receiving Sites may exceed the baseline and build up to maximum Density limits at the ratio of two bonus Building Units per full TDR. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this district or AG-1 outside of this district and shall contain natural or agricultural features whose retention would implement Milton’s goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in an CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 6 adopted plan or code adopted by the City. Parcels in public ownership prior to the effective date of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever Density is greater. The easement shall apply to the entire lot. Regardless of any possible future rezoning of the TDR Sending Site, the easement shall permanently limit residential development to a maximum density of one dwelling per parcel or one dwelling per full 25 acres, whichever is greater . The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside of this district. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the community development director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee submit the transfer of title to the City of Milton or an agency/organization authorized by the City Council for approval. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question to the satisfaction of the community development director, subject to the approval of the City Council. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least on e acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside the this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 7 easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. TDR Sending Sitearea property owners who are issued TDRs may retain them, transfer them directly to TDR rReceiving Sitearea developers or transfer them to intermediaries who may also retain them or transfer them to TDR rReceiving Sitearea developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. The City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the baseline Base Densities and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDR option to exceed baseline densityBase Densities and achieve the maximum code-allowed Ddensity at the transfer ratio of two building units per full TDR. Building Units shall be exchanged for Functions as set forth in Section 1.6.5, each building unit shall be exchanged for Functions at the following rates.: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 8 c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on -site and off-site TDR Receiving Sites. 1.7.9 Density Transfer Charge Option: If and when the mayor and city council adopts a Density Transfer Charge (DTC), TDR Receiving Site owners may gain bonus Density by paying the legislated DTC amount in lieu of each TDR that would otherwise be required. The city shall use DTC proceeds exclusively for the preservation of TDR Sending Sites and TDR program administration. The city may combine DTC proceeds with funding from other sources in order to acquire TDR Sending Sites and TDR Sending Site easements. Based on the recommendations of the community development director, the mayor and city council may adjust the DTC amount as needed in response to changes in real estate values. 1.7.10 Compliance Requirements a. When the use of the TDR option results in divisions of land, TDR compliance shall occur prior to final subdivision map approval. b.a.When the use of the TDR option results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. B. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 9 ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces. c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation. Property owners within the plan area may shall submit Building Scale Plans under Article 4 in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels in this overlay may apply for a Warrant to adjust the locations of Transect Zones and Thoroughfares from those shown in the Crabapple Regulating Plan subject to the following: a. The location of Transect Zones may be adjusted by up to a total of 300 horizontal feet, with a corresponding change in area and Density. The location of planned Thoroughfares may be adjusted by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Crabapple Regulating Plan is maintained. 2.1.4 The owner of a parcel, or abutting parcels, in this overlay consisting of 10 acres or more of contiguous lots may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.1.5 Civic Building Sites may be identified on the Crabapple Regulating Plan by Warrant. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning as set forth in Article VIX in Chapter 64 of this zoning ordinance. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in compliance with the standards described in this Article: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any 2.2.3 The following elements shall not deviate from those established in the Crabapple Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Crabapple Regulation Plan are maintained. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 10 2.2.4 Each Infill Regulating Plan for a site greater than 4 acres in area shall dedicate at least 5% of its total area to Civic Space. Civic Space shall be designed as generally described in Table 4 and and distributed throughas allowed in the Transect Zones as described in accordance with Table 10 section d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network for the Infill Regulating Plan shall be designed to define Blocks not exceeding the size prescribed in Table 10 section b. The perimeter shall be measured as the sum of lot Frontage Lines of the Block. When one side of the Block perimeter is at the edge of the a development parcel the maximum Block perimeter shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul-de-sacs shall be subject to approval are allowed only by Warrant to accommodate specific site conditions only. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply to property within this codeoverlay district. 2.3.2 Adjacent to a Special District the following shall apply: a. For sites on 4 acres or less in area, a 50 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the a Special District. b. For sites on moregreater than 4 acres in area, a 75 foot wide undisturbed buffer, with a 10 foot improvement setback, shall be located adjacent to the a Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from Section 60-88 Appendix R: the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 11 ARTICLE 3. PUBLIC STANDARDS 3.1 INSTRUCTIONSAPPLICABILITY 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Crabapple Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Additional Thoroughfares not shown in the Crabapple Regulating Plan may be provided permitted, provided that all Thoroughfares shall terminate at other Thoroughfares, forming an interconnected network. Cul-de-sacs shall be subject to approval are allowed only by Warrant to accommodate specific site conditions only. b. Additional Civic Spaces not shown in the Crabapple Regulating Plan may be provided. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of said Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed in context with the physical form of according to their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted accordingly or, alternatively, the Transect Zone may follow the alignment of the Thoroughfare to the depth of one lot, retaining a single Public Frontage throughout its trajectory. Where a new Thoroughfare connects to an existing Thoroughfare,so that the newer Thoroughfare’s vehicular lane and/ parking assemblies and Public Frontages shall taper to meet those of the existing Thoroughfare. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards if the public health, safety, and welfare demand. 3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10c10 section c. 3.1.8 Rear Alleys should shall be paved for their width. 3.1.9 Rear Lanes may be paved lightly to driveway standards. Their Rear Lanes streetscapes shall consist of gravel or landscaped edges, and have no raised Curb. 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the public works director, who may require alternative standards if the public health, safety, and welfare demand. 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.3.1 A bicycle and equestrian network consisting of Greenways (which may include Multi-Use Trails and Equestrian Trails) and Bicycle Lanes shall be provided as specified in the Crabapple Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 12 3.3.2 Greenway requirements may be satisfied by Warrant by providing a minimum 30 foot wide open space corridor in the approximate location shown on the Crabapple Regulating Plan, and granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails, and payment to the City of Milton in lieu of the installation as set forth in Section 48-674 of the City Code. 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to zones T2, T3, T4, T5 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. If a Greenway is located in what would otherwise bey part of the Public Frontage then it shall also be considereds, if provided, are also part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones as specified in Table 10 section c. c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, adding public lighting, and adding Greenways. Where this occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 372 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares they street trees shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise agreed to by the director of public worksprovided. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. b.a.The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance. 3.4.3 Specific to zones T3, T4, T5 a. Street trees shall be located in the Planter as shown in Table 3B and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist primarily of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. Street trees shall be The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 13 a. Street trees shall be planted The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on- center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Where approved by the public works director, on-street parallel parking may be locatedprovided within in lieu of the Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted with one street tree shall still be provided between every two parking spaces. 3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372 a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5% of their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. b. Civic Spaces shall be generally designed as described in Table 4. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for Playgrounds and Parks. d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 14 ARTICLE 4. BUILDING SCALE PLANS 4.1 INSTRUCTIONS 4.1.1 Lots and buildings shall be subject to the requirements of this Article. 4.1.2 Building and site plans submitted under this code shall show the following, in compliance with the following standards described in this code: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontages Standards b. For final approval, in addition to the above: i. Landscapinge Standards ii. Signage Standards iii. Special Requirements, if any iv. Architectureal Standards 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Regulating Plan. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Existing buildings and appurtenancesA property existing at the date of adoption of this code or any amendments thereto that does not conform to the provisions of this code or any subsequent amendment may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this code that shall apply. 4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, these standards shall apply to said requirements be applied as follows: a. A mMandatory or Recommended Retail Frontage designation requires or advises that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as generally illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. b. A mMandatory or Recommended Gallery Frontage designation requires or advises that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 15 c. A mMandatory or Recommended Arcade Frontage designation requires or advises that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as generally illustrated in Table 7). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. e. A Cross Block Passage designation requires that a minimum 8 foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to zones T2, T3, T4, T5 a. Newly platted Lots shall be dimensioned according to Table 10 section e except as otherwise approved by Warrant. b. Building Placement types shall be as shown in Table 6 and Table 10h10 section h except as otherwise approved by Warrant. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12 except as otherwise approved by Warrant. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10 section e except as otherwise approved by Warrant. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 10 section f except as otherwise approved by Warrant. g. Setbacks for Principal Buildings shall be as shown in Table 10 section f except as otherwise approved by Warrant. g.a. . Setbacks may otherwise be adjusted by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of the a Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. i. To accommodate slopes over 10%, relief from front Setback requirements of Table 10 is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zone T3 a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said T3 zone. 4.4.3 Specific to zones T4 Open, T5 a. The Principal Entrance shall be on a Frontage Line. 4.5 BUILDING FORM 4.5.1 General to zones T2, T3, T4, T5 a. Buildings shall consist of simple rectangular bar forms or cubes. There shall be one primary volume CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 16 with optional secondary volumes. Secondary volumes shall butt into the primary volume. The roof form of the primary volume should shall clearly dominate. Secondary roof forms shall never dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. The aesthetics and proportion of the building composition should be considered on all elevations. b. The maximum building size shall be as follows: i. The maximum building footprint shall be 18,000 square feet. ii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. c. The Private Frontage of buildings shall conform to and be allocated in accordance with Table 7 and Table 10. d. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions for the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. e. Building heights shall conform to Table 5. f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. g. A first level Residential Function shall may be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. i. Building hHeight limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. j. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. k. The maximum number of attached Rowhouse units in a building shall be eight. 4.5.2 Specific to zone T3 a. No portion of the Private Frontage may Encroach the Sidewalk. b. Open porches may Encroach the First Layer for 50% of the layer’sits depth. c. Balconies and bay windows may Encroach the First Layer for 25% of the layer’sits depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer for 50% of the layer’sits depth. 4.5.4 Specific to zone T5 b. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. c. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. d. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer for 100% of the layer’sits depth. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 17 e. In the absence of a building Facade along any part of a Frontage Line, a Streetscreen shall be built co- planar with the Facade. f. Streetscreens should shall be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. g. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. h. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts shall are required be provided on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T5 a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zone T4-Restricted a. Lodging, Office, and Retail Functions shall be prohibited. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 8A. 4.6.5 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.6 Specific to zone T5 a. Industrial Functions within the First Layer may be permitted by Variance. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. Where permitted within the first Layer, fences, walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens in front of them. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 18 a. A minimum 6 foot high opaque fence matching the material of the building; or b. A 15 foot wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet42 inches at time of planting, and reach a minimum height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing the area shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be a minimum of 42 to 48 inches in height at time of planting, and reach a minimum height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 OFF-STREET PARKING AND LOADING 4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.8.2 Subject to the approval of the director of the community development department by Warrant, off-street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.8.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements of this zoning ordinance for Residential Functions. 4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. 4.9 PARKING LOCATION STANDARDS 4.9.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.9.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third lot Layers, except that Driveways, drop- offs and unpaved parking areas may be located at the First lot Layer. b. Garages shall be located at the Tthird Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.9.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 2B.f) 4.9.4 Specific to zone T4 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 19 a. All parking areas and garages shall be located at the Second or Third Layer. 4.9.5 Specific to zones T4-Open, T5 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be dir ectly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 410 LANDSCAPE STANDARDS 4.10.1 General to zones T2, T3, T4, T5 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10 section e. b. Walkways shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Thick flagstone stepping-stones are permitted. d. Concrete should shall be broken up with banding a maximum oft least 20 inches apart maximum. Banding shall be achieved through the use of contrasting materials or texture. e. Stamped concrete is prohibited. 4.10.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live landscaped with grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and shall not be paved, with the exception of Driveways as specified in Section 4.9.2 and Section 4.9.3. 4.10.3 Specific to zone T3 a. A minimum of two trees shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.10.4 Specific to zone T4 a. A minimum of one tree shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.10.5 Specific to zone T5 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.10.6 The following non-native invasive species shall not be planted anywhere in this district: a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 20 j. Lespedeza bicolor (shrubby lespedeza) k. Lespedeza cuneata (sericea Lespedeza) l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.11 LIGHTING STANDARDS 4.11.1 Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Allowable Ppost arm style shall be Shepherd's Crook. 4.11.2 Public pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable Ppost styles are shall be pole-top, bollard, orand Shepard's Crook. 4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. 4.11.4 Shoe box and cobra style lights are prohibited. 4.11.5 Light housings and posts shall be a dark color/material and be nonreflective. 4.11.6. Sodium vapor, exterior neon, and colored lights are prohibited. 4.11.7 Only fFluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 21 4.11.10 Building exterior light fixtures shall meet the following minimum standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one one-photocell fixture on their alley elevation. Fixture shall be on photocell. c. Each Enfronting Residential unit shall have two sconces or two 4 inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40 watt incandescent bulb or 450 lumens equivalent. 4.12 DRIVE THROUGH STANDARDS 4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.12.2. Drive-through facilities and all associated vehicular queuing should shall be located at the rear of the Principal Building if feasible, but if that is not feasible, shall be located at the side if not feasible. 4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13 GASOLINE STATION STANDARDS 4.13.1. Gasoline station canopies and pumps: a. Shall be located to the side or rear of the Principal Building. b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.13.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.11.9. 4.14 SIGN STANDARDS 4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located within the First Layer in zone T5 unless approved by Variance. 4.14.3 Sandwich boards shall be exempt from this restriction. 4.15 ARCHITECTURAL STANDARDS 4.15.1 The following standards shall apply to all buildings 4.15.2 Buildings shall be designed in one of the following styles as defined in Article 7 Architectural Styles: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.15.3 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize simplified interpretations of one of the styles identified in Section 4.15.2 wherein conformance with style is achieved through the use of CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 22 stylistic architectural details. 4.15.4 Except within a designated historic district, compliance with the styles listed in Section 4.15.2 shall be as determined by the community development director following comment from the city design review board. 4.15.5 Exterior Walls a. Technical and aesthetic requirements i. Wall finishes on individual buildings shall be the same on all sides; appendages or secondary wings may assume a differing finish according to visibility and architectural merit. ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty shapes are prohibited. iii. Trim shall be consistent on all sides of the building; the primary building mass or the Facade may be further embellished or enhanced. iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent. b. Materials i. No more than three different exterior materials, exterior colors, or any combination thereof may be used on a single building, not including windows, doors, porches, balconies, foundations, and architectural details. ii. Materials may be combined on each Elevation or Facade only horizontally, with the heavier below the lighter. i.Brick and mortar color and style shall be appropriate to style of building. Avoid excessive color range; strive for consistency with subtle variations in brick palette. Avoid machine-produced brick. ii.i.Stone shall be appropriate to the style. iii.i.Materials may be combined on each Facade only horizontally, with the heavier below the lighter. iv.iii. Exterior Material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. v.i.Vinyl or aluminum siding is prohibited.g, s vi.iv.Synthetic stone veneer, and dry-stacked stone areis prohibited. v. Stone, brick, and mortar color and style shall match building style. vii.vi.Stone shall have a visible mortar joint and be at least 3.5 inches in depth. viii.vii. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed. ix.viii. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. x.ix. Wood shingles shall be level at the bottom edge. 4.15.6 Roofs a. Technical and aesthetic requirements i. The roof slope on a single mass shall be the same on all sides, except for cat-slides and sheds. ii. Roof slopes shall match building stylebe appropriate to the building style. iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent possible. iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered and or piped, and or diverted away from adjacent lots. b. Materials CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 23 i. Materials should shall be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated slate or wood shingles. ii. Gutters should shall either be half-round with round downspouts, metal-lined wood, or architecturally formed or molded. Gutter fFinishes include may be copper and , unpainted galvanized metal (unpainted), or color to resemble galvanized metal. iii. Wood shingles should shall not drain onto metal roofs; the chemicals in the wood often form corrosion, eventually disintegrating the metal. 4.15.7 Foundations a. Foundations shall be constructed of poured concrete or concrete masonry units. b. Foundations may be finished with smooth stucco, brick, or stone. c.a.Board formed concrete with aggregate may be approved by the city design review board. cd. Front porches of wood shall be supported on masonry piers (typically 18 inches in face width by 8 to 12 inches depth, finished) and renderedfinished in smooth stucco, masonry, brick, or stone. Piers shall have a minimum width of 18 inches and a minimum depth of 8 inches. 4.15.8 Windows a. The provision of windows shall be appropriate to the building style match building style. b. Technical and aesthetic requirements i. Windows and casings shall match building styleshall follow suit to style. ii.i.Window casings, muntins, and mullions shall appear to be historically correct. iii.ii. Windows may shall not be omitted on side eElevations, and shall be composed with the same thought and consideration as those on the front. iv.iii. Window sills shall have a 1.5 inch minimum depth of 1.5 inches. v.iv. Ganged windows and bays shall have a continuous sill and 4 inch mulls minimum. vi.v. Grill between glass, reflective glazing, and pop-in grills are prohibited. vii.vi. Windows shall be True Divided Lite or Simulated Divided Lite. c. Materials i. Windows shall have sash with a minimum face width of 2 inch sashes material (face width)es; the dimension of the glass surface to sash and muntin face shall be a minimum of 0.75 inch minimum. ii.i.Non-glass exterior wWindow componentss shall be faced in wood, clad wood, or polymer materials, and said . iii.ii. Window materials shall be paint grade or pre finished. 4.15.9 Doors and windows that operate as sliders are prohibited along Frontages. 4.15.10 Doors a. Technical and aesthetic requirements i. Doors and casings shall match building styleshall follow suit to style. ii. Exterior front doors or doors visible from a public way, shall be hardwood, and may be stained or painted. b. Materials i. Overly decorative store-bought varieties, Pplastic laminated, stamped metal, and leaded/beveled glass doors are prohibited. Tropical hardwoods are prohibited unless Forest Stewardship Council SC certified. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 24 ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut, cypress, pecan, are acceptable varieties. iii. Garage doors shall be utilitarian in character and may be wood, composite, or metal. F Avoid faux strap hinges, and embellishments, and strive for beauty in honest construction. Sstandard paneled doors, and arched glass panels are shall be prohibited. 4.15.11 Shutters a. The Shutter design shall match building styleshall be appropriate to the style of the building. b. Shutters shall be solid-core polymers or durable hardwoods. c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited. d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank or louver is shutters are acceptable. The minimum tThickness of shutters shall be 1.25 inches minimum. e. Usually, sShutters shall occur in pairs; however, narrow, except that windows narrower than 3 feet may contain utilize a single shutter. 4.15.12 Crawl space vents shall match building styleshall be designed in the language of the architecture of the building. 4.15.13 Chimneys a. Chimneys shall be proportioned, tapered, and shall match building styledetailed authentically according to the building style. b. Stacks shall be faced in smooth integral finish stucco or brick, or detailed as exposed metal flues. c. Siding or stucco board is prohibited as a finish material for chimneys. 4.15.14 Porches and balconies a. Technical and aesthetic requirements i. Columns shall match building styleshall be appropriate to the style of the building. ii. Classical columns shall be architecturally correct. iii.i.The Tuscan and Doric orders may be used. iv.i.Narrow, routed flutes are prohibited. v.iii. Railings shall be simple pickets or fretwork centered on rails. vi.i.Forged ironwork may be approved on a case-by-case basis by the city design review board. b. Materials i. Porch floors shall be wooden and shall ; resting on masonry piers finished in brick, stone, or smooth stucco. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Openings between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, as appropriate to the styleand shall match building style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. Foams are prohibited. vi. Sheet metal and foam columns are prohibited. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 25 vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Plain, round tapered, fretwork, and straight pickets are permitted. x. Precast classical balusters and ornate spindle work are prohibited; plain, round tapered, fretwork, and straight pickets are acceptable. 4.15.15 Trim a. Trim shall be appropriate to the style of the building and at the same time, show restraintshall match building style. i.“Stock” profiles for moldings shall be used with extreme discretion. Avoid Howe casings, manufactured dentils, standard crowns, and standard brick mould. ii.i. Trim shall be consistent on all sides of building masses, with emphasis on the primary building mass and façade. iii.ii. Trim for wings not along a Frontage may be simplified if appropriate to the expressionto match building style. b. Materials i. Trim shall be of of wooden or preferably synthetic planks with enough thickness to conceal the edge of the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards, and similar architectural details etc. shall be 1.25 inch thick material. Four and 6 inch casings and corner boards are suggested. ii.i.Samples and assemblies of trim components may be requested of builder to exhibit clear construction intent. iii.ii. Pressure treated trim is prohibited. iv.III. All trim shall be dressed. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Shopfronts, Galleries Typical Building Height:1- to 3-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 24 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton DESIGN SPEED TRAVEL LANE WIDTH T2 T3 T4 T5 25-35 mph 10 feet ■■■■■BY RIGHT 25-35 mph 11 feet ■■□BY WARRANT Above 35 mph 12 feet ■■ DESIGN SPEED PARKING LANE WIDTH 25 mph (Angle 18 feet)■ 25 mph (Parallel) 7 feet ■ 25-35 mph (Parallel) 8 feet ■■■ Above 35 mph (Parallel) 9 feet ■ DESIGN SPEED EFFECTIVE TURNING RADIUS 20-25 mph 10-15 feet ■■■■ 25-35 mph 15-20 feet ■■■■ Above 35 mph 20-30 feet ■□ TABLE 2A: Vehicular Lane Dimensions. This table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for each of these sections. The most typical assemblies are shown in Table 2B. Specific requirements for truck and transit bus routes and truck loading shall be decided by Warrant. Use of standards in this table are subject to approval by the public works director. (See Table 12) 25 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T2 T2 T2 Design ADT Pedestrian Crossing Design Speed b.T3 T4 T3 T4 Design ADT Pedestrian Crossing Design Speed c.T3 T4 T3 T4 T5 T4 T5 T4 T5 T5 Design ADT Pedestrian Crossing Design Speed d.T4 T5 T4 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed e.T5 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed f.T5 T5 Design ADT Pedestrian Crossing Design Speed ONE WAY MOVEMENT ──────────────── ►TWO WAY MOVEMENT ────────────────────────────────────────── ► 6 Seconds T4-OPARKING ACCESS TABLE 2B: Vehicular Lane/Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and Turning Radii assembled for Thoroughfares. Use of standards in this table are subject to approval by the Director of the Department of Public Works. Where on-street Bicycle Lanes are provided, the paved width shall be inreased a corresponding amount T4-O 23 Seconds 25 MPH 25 MPH 25 - 30 MPH 3 Seconds 25 - 30 MPH 25 - 30 MPH 25 - 30 MPH 35 MPH and above 25 - 30 MPH 17 Seconds 17 Seconds 20 Seconds PARKING BOTH SIDES DIAGONAL 20,000 VPD 15,000 VPD 22,000 VPD 31,000 VPD 15,000 VPD 22,000 VPD 32,000 VPD 10 Seconds 10 Seconds 13 Seconds 15 Seconds NO PARKING 300 VPD 3 Seconds 25 - 30 MPH PARKING BOTH SIDES PARALLEL 20,000 VPD YIELD PARKING 1,000 VPD 36,000 VPD 13 Seconds 35 MPH or above 2,500 VPD 5 Seconds 25 MPH 22,000 VPD 9 Seconds 5 Seconds 7 Seconds 1,000 VPD 8 Seconds 11 Seconds 15,000 VPD 32,000 VPD PARKING ONE SIDE PARALLEL 5,000 VPD 18,000 VPD 16,000 VPD 13 Seconds 25 -30 MPH 25 - 30 MPH 25 - 30 MPH 5 Seconds 8 Seconds 26 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 T5 e.T3 T4 T5 f.T5 g.T3 T4 T5 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) (AV) For Commercial Street or Avenue: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 3A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 3B. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 27 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TRANSECT ZONE T2 T3 T2 T3 T4 T5 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 5-20 feet T3 ST-DR-AVRD & ST 5-20 feet Open Swale 10-30 feet 12-24 feet Raised Curb 12-18 feet Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. T4 T5 16-24 feet 12-18 feet 18-24 feet ST-DR-AV-BVHW & RD CS-DR-AV-BV Regular Regular Opportunistic Continuous Swale Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered Regular Sidewalk 8 feet - 12 feet Single Single Sidewalk 4-8 feet 4-8 feet Raised Curb 8 feet - 16 feet Continuous Swale Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 CS-DR-AV-BV 12-30 feet Continuous Planter Clustered Clustered Tree Well 10-30 feet Alternating Single Continuous Planter Continuous Planter Raised Curb TABLE 3B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. Table 3B-a assembles all of the elements for the various street types. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I II I I I I I TRANSECT I I I I I 5-20 feet Sidewalk Sidewalk Raised Curb 5-20 feet 4 feet - 6 feet 4 feet - 6 feet 12-20 feet 28 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-26 ST-50-28 Street Street T4, T5 T4, T5 50 feet 50 feet 26 feet 28 feet Slow Movement Yield Movement 25 MPH 25 MPH 7.4 seconds 7.6 seconds 2 lanes 2 lanes One side @ 8 feet marked Both sides @ 8 feet unmarked 10 feet 10 feet 5 foot Sidewalk 5 foot Sidewalk 7 foot continuous Planter 6 foot continuous Planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. BR BR TABLE 3C: Thoroughfare Assemblies: These Thoroughfares are assembled from the elements that appear in Tables 2A and 2B and incorporate the Public Frontages of table 3A. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Pavement Width Transportation THOROUGHFARE TYPES Highway ST-57-20-BL Thoroughfare Type Right-of-Way Width Street Road Rear Alley Rear Lane Boulevard Avenue Commercial Street Drive Thoroughfare Type Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Curb Radius Walkway Type Planer Type Curb type Pavement Width Movement Landscape Type Transportation Provision Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Transect Zone Assignment Right-of-Way Width 29 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 4: Civic Space a.T2 T3 b.T3 T4 T5 c.T4 T5 d.T5 T6 e.T2 T3 T4 T5 Playground:An Open Space designed and equipped for the recreation of children.A Playground should be fenced and may include an open shelter.Playgrounds shall be interspersed within Residential areas and may be placed within a Block.Playgrounds may be included within parks and greens.There shall be no minimum or maximum size. Park:A natural preserve available for unstructured recreation.A park may be independent of surrounding building Frontages.Its landscape shall consist of Paths and trails,meadows,water bodies,woodland and open shelters,all naturalistically disposed.Parks may be lineal,following the trajectories of natural corridors.The minimum size shall be 8 acres. Green:An Open Space,available for unstructured recreation.A Green may be spatially defined by landscaping rather than building Frontages.Its landscape shall consist of lawn and trees,naturalistically disposed.The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Square:An Open Space available for unstructured recreation and Civic purposes.A Square is spatially defined by building Frontages.Its landscape shall consist of paths, lawns and trees,formally disposed.Squares shall be located at the intersection of important Thoroughfares.The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Plaza:An Open Space available for Civic purposes and Commercial activities.A Plaza shall be spatially defined by building Frontages.Its landscape shall consist primarily of pavement.Trees are optional.Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. 30 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 T3 T4 T5 T5 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. 31 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T4 b.T4 T5 c.T4 T5 d.T5 Rearyard: Specific Types - Townhouse, Rowhouse, Live-work unit, loft building, Apartment House, Mixed use Block, Flex Building, perimeter Block. A building that occupies the full Frontage, leaving the rear of the Lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: Specific Types - patio House. A building that occupies the boundaries of its Lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: Specific Types - single-family House, Cottage, villa, Estate House, urban villa. A building that occupies the center of its Lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: Specific Types - Charleston single-House, double house, zero-lot-line house, twin. A building that occupies one side of the Lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 32 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 d.T4 T5 e.T4 T5 T6 f.T4 T5 g.T4 T5 h.T5 T6 Arcade: a collonade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN 33 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T3 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimied within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open, T5 Function regulations shall apply Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are prohibited in T4-Restricted. Open Office:The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net office space. TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 34 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 f. OTHER: AGRICULTURE T2 T3 T4-R2 T4 T4-O3 T5 Apartment UUU Grain Storage R Live/Work Unit R RRR Livestock Pen W Row House RRRR Greenhouse RW Duplex House RRRR Stable RW Courtyard House RRRR Kennel RW Sideyard House RRRRRf. OTHER: AUTOMOTIVE Cottage RRRR Gasoline WW House RRRRR Automobile Service Accessory Unit RR RRR Truck Maintenance b. LODGING Drive-Through Facility WW Hotel RR Roadside Stand R RRR Bed & Breakfast Inn UU RRR Billboard S.R.O. Hostel U URR Shopping Center School Dormitory RRR Shopping Mall c. OFFICE f. OTHER: CIVIL SUPPORT Office Building RR Fire Station RRRRRR Live/Work Unit R RRR Police Station RRRR d. RETAIL Cemetery RW W Open-Market Building RR RRR Funeral Home RR Retail Building RRR Hospital Display Gallery RRR Medical Clinic RR Restaurant RRRf. OTHER: EDUCATION Kiosk RRR College WW WWW Push Cart WW High School WW WWW Liquor Selling Establsihment WW Trade School WW WWW Adult Entertainment Elementary School RR RRR e. CIVIC Other - Childcare Center RR RRR Bus Shelter R RRRRRf. OTHER: INDUSTRIAL Convention Center Heavy Industrial Facility Conference Center WW Light Industrial Facility W Exhibition Center Manufacuring W Fountain or Public Art RRRRRR Laboratory Facility Library RRR Water Supply Facility Live Theater RR Sewer and Waste Facility Movie Theater RR Electric Substation WWWWWW Museum RR Wireless Transmitter W Outdoor Auditorium WR RRR Cremation Facility Parking Structure RR Warehouse Passenger Terminal Produce Storage Playground RRRRRR Mini-Storage Sports Stadium Surface Parking Lot WWWR: ALLOWED BY RIGHT Religious Assembly UUUUUUW: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT 2. T4-Restricted 3. T4-Open TABLE 9: Specific Function and Use. This table expands the categroies of Table 8 to delegate specific Functions and uses within Transect Zones. 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). 35 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard Courtyard i. Common Yard Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery Arcade j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. TABLE 10: Code Summary 4. Within T4-Restricted and T4-Open different Building Function requirements applyFUNCTIONopen use open use open use open use 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4 prohibited use restricted use limited use4 restricted use restricted use limited use4 BUILDING FUNCTION (See Table 8 and Table 9) restricted use restricted use limited use4 3 stories max. 1 min. 3 stories max. 3 stories max. 2 stories max. 2 stories max. 3 stories max. 3 stories max. 3 stories max. 1 min. BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMpermitted not permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted permitted permitted not permitted permitted PRIVATE FRONTAGES (See Table 7) not permitted permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. 3 ft. max. SETBACKS - OUTBUILDING (See Table 11) 2 ft. min. 15 ft. max. 25 ft. min.5 or 10 ft. min.2 0 ft. min. 0 ft. min. 24 ft. max. 60 ft. min.15 or 20 ft. min.2 10 ft. min. 30 ft. max. 80% max. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. 18 ft. min 180 ft. max. LOT OCCUPATION 100 ft min 70 ft. min 120 ft. max. 18 ft. min 96 ft. max. permitted permitted permitted permitted permitted not permitted not permitted not permitted permittednot permitted not permitted permitted not permitted permitted permitted permitted permitted permitted by Warrant permitted by Warrant permitted permitted permitted permittedpermitted permitted permitted permitted permitted permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted not permitted not permitted permitted required, or Lane required permitted permitted required, or Alley permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. 2,000 ft. max. 14 units / ac. TDR not permitted 6 units / ac. 9 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 3 units / ac. 5 units / ac. 9 units / ac. not permitted 50 ft. min. 3 ft. min. 50% min. 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 not applicable 30% min. 40 ft. max. from rear prop THOROUGHFARES (See Table 2 and Table 3) CIVIC SPACES (See Table 4) 70% min. 3 ft. min. permitted permitted not permitted not permitted permitted permitted permitted permitted permitted 0 ft. min. 8 ft. min. 20 ft. max. 2 ft. min. 15 ft. max. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 36 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. restricted use restricted use restricted use 1. prohibited use k. 3 stories max.2. 2 stories max. f. 70 ft. min. 120 ft. max. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. (g.2) Front Setback Secondary Residential Lodging Edgeyard Sideyard SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Office Retail Principal Building Outbuilding Lot Width Lot Coverage Rearyard Courtyard BUILDING PLACEMENT (See Table 6) SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (g.1) Front Setback Principal Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. PARKING PLACEMENT (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence Terrace or Lightwell Forecourt Stoop Shopfront & Awning "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery Arcade 37 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min., 96 ft. max. 70% max. i. permitted permitted permitted 1. not permitted g. 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. not permitted 1. permitted permitted permitted permitted 2. permitted permitted not permitted Refer to Summary Table 10 *Within T4-Restricted and T4-Open different Building Function requirements apply "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet.Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard Courtyard (g.1) Front Setback Principal (g.2) Front Setback Secondary (h.1) Front Setback Principal Arcade (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). 38 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T5 1. 2. 3. (See Table 1) l. open use open use open use 1. open use k. 3 stories max.2. 2 stories max. f. 18 ft. min., 180 ft. max. 80% max. i. not permitted permitted permitted 1. permitted g. 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.* 70% min. at setback h. 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted permitted Refer to Summary Table 10 *or 15 feet from center line of alley Residential Lodging Edgeyard Sideyard BUILDING FUNCTION (See Table 8 & Table 8) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet.Height shall be measured to the eave or roof deck as specified on Table 8. Retail Principal Building Outbuilding Lot Width Lot Coverage (g.3) Side Setback (g.2) Front Setback Secondary Rearyard (g.1) Front Setback Principal BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) Courtyard SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Office Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT 3.Trash containers shall be stored within the third Layer. The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) (h.3) Side Setback Common Lawn Porch & Fence Gallery Arcade Terrace or Lightwell Forecourt Stoop Shopfront & Awning (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (h.2) Front Setback Secondary SETBACKS - OUTBUILDING (See Table 10g) 39 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 40 June 5, 2012 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 41 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS This Article provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Unit: a smalln Apartment not greater than 440 square feet sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 42 Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 43 Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include Multi-Use Trails and Equestrian Trails. . Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of objects, using table- mounted electrical machinery or artisanal equipment, and including their Retail sale. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 44 Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. . Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated a s Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages.  Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade that bears the Principal Entrance to the building. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A and Table 3B. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, Thoroughfares, and Special Requirements if any, of areas subject to regulation by this code. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 45 Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10f10 section f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights from areas to be preserved as open space to areas to be more densely urbanized. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 46 TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural-urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 47 ARTICLE 7. ARCHITECTURAL STYLES This Article provides an overview of the five architectural styles and colors that shall be utilized for all new buildings except single-family detached residential, as established In Section 4.14. Because the execution of specific styles can vary, the information contained in this article is advisory and for the expressed purpose of guiding the city design review board in reviewing buildings. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non -ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12’ for commercial buildings, and 7 feet to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, it’s form never hybridized with nineteenth century styles. Stylistic detailing is applied to the building in a superficial manner. Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity Americans felt with the ideals of Greek democracy. The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing. In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the form of a classical billboard, which is one of the more charming aspects of this region’s native architecture. Porches vary in prominence, being either the fabled Southern full-width two-story version or the less ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 48 features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys, being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek architecture are usually simplified into square adaptations. Classical details are large and bold as opposed to the earlier, mild- mannered Adam Style, with wide, prominent entablature with Greek Doric columns being the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and vernacularized classical profiles. Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window sash are white or black. Wood-mold brick is in the red to earth range. Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in the 1850s. As its name implies, the Renaissance houses of Italy are its inspiration. The style is picturesque or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow hipped or gabled roofs; attic windows; tall windows that are frequently arched and clustered; iron balconies; massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of this style. Facades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usually internal to the building mass. In the South, there are many interpretations of the style executed in wood, with Renaissance-style ornament adapted to local skill levels. Some versions of this style are easy to construct, especially if the building material is brick, for then fundamental masonry techniques are used such as full or segmental arches, lintels, and load-bearing walls. Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and golds. Trim colors and sashes are usually painted darker than the siding. Wood-mold brick is in the red to earth range. Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival, was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a reaction to the classical styles so popular at the time of the Adam styl e or Federal style, and the Greek Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic of the era. Many Americans associate the style with Grant Wood’s American Gothic, a painting depicting a rather austere midwestern husband and wife set in front of a plain board and batten cottage with a pointed arched window. Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches, and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as “gingerbread”. Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia area. From Rome’s medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become inextricably fused with the American psyche. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 49 England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden- frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval fo rms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Examples exist of this style in the Crabapple Community. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, “L” configurations, catslide roofs, and vernacular forms. Wings and additions often occur that are subordinate in scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Facades may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on the quality of an outdoor room. Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans were not about to give up the light that they had become used to in the Victorian period. Refined stylistic detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate, wood shingle, French tile, and standing seam metal. Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and grotesques ornament. Other Colonial Revival buildings are hybridized with the Craftsman style and feature straightforward construction detailing such as out-lookers supporting broad eaves, plain Tuscan columns with no base or capital necking details, and post and beam casings. Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date. James Means, a 20th century Atlanta architect, designed Plantation Plain houses across the state of Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 50 Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth wood mould brick in the red to earth range, and occasionally buff to taupe range is complimented with grape vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly raked mortar joints. Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820, although in provincial locations; its influence lasted until around 1840. The style developed directly from Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and its government with that of Republican Rome, with a parallel movement occurring in France. The refined ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert Adam in the development of the style. Architects such as William Jay of Savannah further developed it. Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and keystones. Classical detailing is deliberately scaled down. Facades are intentionally understated and plain. Emphasis is placed on the frontispiece and on the fine tailoring of the buildi ng. Windows are large and regularly spaced. Paint colors for siding, trim, and sashes are typically white, cream, and light grey with shutters being tinted black. Wood-mold brick is in the red to earth range. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real” materials, whether natural or manmade, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and “haint” blue. Designs that take inspiration from the Greek Revival style will display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard trimmed in white with red doors, and shaker inspired colors. The designer should research period colors and become familiar with the combinations that can be used. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above-noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design Guidelines for examples. CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 51 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 52 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 53 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 54 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 55 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 56 CRABAPPLE FORM-BASED CODE – (CITY ATTORNEY RECOMMENDATIONS) DRAFT V6 City of Milton June 5, 2012 57 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 1 ARTICLE 1. GENERAL 1.1 INTENT 1.2 APPLICABILITY 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.4 PROCESS 1.5 WARRANTS AND VARIANCES 1.6 DENSITY CALCULATIONS 1.7 TRANSFER OF DEVELOPMENT RIGHTS ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.2 INFILL REGULATING PLAN GENERAL REQUIREMENTS ARTICLE 3. PUBLIC STANDARDS 3.1 INSTRUCTIONS 3.2 THOROUGHFARES - VEHICULAR LANES 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.5 CIVIC ZONES ARTICLE 4. LOT AND BUILDING PLANS 4.1 INSTRUCTIONS 4.2 NON-CONFORMING PROPERTIES 4.3 SPECIAL REQUIREMENTS 4.4 BUILDING PLACEMENT 4.5 BUILDING FORM 4.6 BUILDING FUNCTION 4.7 SCREENING AND FENCING 4.8 OFF-STREET PARKING AND LOADING 4.9 PARKING LOCATION STANDARDS 4.10 LANDSCAPE STANDARDS 4.11 LIGHTING STANDARDS 4.12 DRIVE-THROUGH STANDARDS 4.13 GASOLINE STATION STADNARDS 4.14 SIGN STANDARDS 4.15 ARCHITECTURAL STANDARDS ARTICLE 5. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2A VEHICULAR LANE DIMENSIONS TABLE 2B VEHICULAR LANE/PARKING ASSEMBLIES TABLE 3A PUBLIC FRONTAGES - GENERAL TABLE 3B PUBLIC FRONTAGES - SPECIFIC TABLE 3C THOROUGHFARE ASSEMBLIES TABLE 4 CIVIC SPACE TABLE 5 BUILDING FORM - HEIGHT TABLE 6 BUILDING PLACEMENT TABLE 7 PRIVATE FRONTAGES TABLE 8A BUILDING FUNCTION TABLE 8B BUILDING UNIT FUNCTION EXCHANGE RATES TABLE 9 SPECIFIC FUNCTION & USE TABLE 10 CODE SUMMARY TABLE 11A CODE GRAPHICS - T3 TABLE 11B CODE GRAPHICS - T4 TABLE 11C CODE GRAPHICS - T5 TABLE 12 DEFINITIONS ILLUSTRATED ARTICLE 6. DEFINITIONS OF TERMS ARTICLE 7. ARCHITECTURAL STYLES CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 2 ARTICLE 1. GENERAL INSTRUCTION 1.1 INTENT The intent and purpose of this code is to enable and support the implementation of the following policies: a. That Crabapple is an important center for high-quality, mixed-use development in the City of Milton as established in the Crabapple Visioning Study and the City of Milton 2030 Comprehensive Plan. b. That within Crabapple ordinary activities of daily life should occur within walking or bicycling distance of most dwellings. c. That interconnected networks of thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. d. That a range of housing options should be provided to accommodate different needs in the community. e. That development should be concentrated in areas served by existing infrastructure and discourage d in areas lacking it. f. That development patterns should enable children to walk or bicycle to school. g. That a range of open spaces including parks, squares, playgrounds, and preserved rural areas should be distributed throughout Crabapple. h. That buildings and landscaping should contribute to the physical definition of thoroughfares as civic places. i. That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. j. That community design should reinforce safe environments, but not at the expense of accessibility. k. That architecture and landscape design should grow from the local climate, topography, history, and building practices. l. That civic buildings and public gathering places should be provided as locations that reinforce community identity and support self-government. m. That civic buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the area. n. That the preservation and renewal of historic buildings should be facilitated. o. That the harmonious and orderly growth of Crabapple should be secured through form-based codes. 1.2 APPLICABILITY 1.2.1 Capitalized terms used throughout this code may be defined in Article 6 Definitions of Terms or Article 7 Architectural Styles. Article 6 contains regulatory language that is integral to this code. Those terms not defined in Article 6 shall be accorded their commonly accepted meanings. In the event of conflicts between these definitions and those of Section 64-1 of this zoning ordinance, those of this code shall take precedence. 1.2.2 The metrics of Article 5 Standards and Tables are an integral part of this code. However, the diagrams and illustrations that accompany them should be considered guidelines, with the exception of those in Table 12 Definitions Illustrated, which are also legally binding. 1.2.3 Where in conflict, numerical metrics shall take precedence over graphic metrics. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 3 1.3 TRANSECT ZONES AND SPECIAL DISTRICTS 1.3.1 To reflect a variety of development patterns this code includes Transect Zones, Civic Zones, and Special Districts, the locations for which are set forth within the Crabapple Regulating Plan or an approved Infill Regulating Plan. 1.3.2 The standards for Transect Zones and Civic Zones shall be as set forth in Articles 3, 4, and 5. 1.3.3 The standards for Transect Zone T4 shall also apply to zones T4-Restricted and T4-Open except as specifically indicated. 1.3.4 Areas that, by their intrinsic character, cannot conform to the requirements of any Transect Zone are designated as Special Districts. Special Districts shall be governed by the standards of the base zoning as indicated on the Crabapple Regulating Plan, except as otherwise specifically identified in Article 3. 1.4 PROCESS 1.4.1 Projects that require no Variances or Warrants, or only Warrants, from the requirements of this code shall be processed administratively without further recourse to public consultation except as established below for the city design review board or the historic preservation commission, as applicable. 1.4.2 Except as established below for historic districts, the city design review board, as set forth in Section 64- 1120 of this zoning ordinance, shall review all plans for development except detached single-family residential in this district for compliance with the standards herein prior to the approval of a land disturbance permit, building permit and demolition permit for both residential and nonresidential structures. 1.4.3 Within historic districts or properties, the historic preservation commission shall review plans for all development in this district with the standards herein prior to the approval of a land disturbance permit, building permit and demolition permit for both residential and nonresidential structures. Where a site partially occupies a historic district the historic preservation commission’s review shall be limited to the portion within said district. 1.5 WARRANTS AND VARIANCES 1.5.1 There shall be two types of deviation from the requirements of this code: Warrants and Variances. Whether a deviation requires a Warrant or Variance shall be determined by the community development director except where specifically prescrived in this code. 1.5.2 A Warrant is a ruling that would permit a practice that is not consistent with a specific provision of this code but is justified by its intent. A Warrant shall be processed as an administrative variance by the community development director. 1.5.3 Warrants relating to a physical elements or metric of this code shall be based upon credible submitted evidence demonstrating that: a. Approval, if granted, would not offend the spirit or intent of this code as set forth in Section 1.1 Intent; b. There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this code would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant; c. Relief, if granted would not cause a substantial detriment to the public good and surrounding properties; and d. That the public safety, health and welfare are secured, and that substantial justice is done. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 4 1.5.4 Warrants relating to use shall be based upon the considerations for use permits established in Section 64- 1552. 1.5.5 A Variance is any ruling on a deviation other than a Warrant. A Variance shall be processed as a primary variance by the board of zoning appeals. 1.5.6 The mayor and city council may process Warrants and Variances as a concurrent variance in conjunction with approval of an Infill Regulating Plan. 1.5.7 The city design review board shall only make recommendations for Variances. 1.5.8 The following standards and requirements shall not be available for Warrants or Variances: a. The minimum Base Densities. (See Table 10a.) b. The permission to build Accessory Buildings. 1.6 DENSITY CALCULATIONS 1.6.1 All areas of a site shall be considered cumulatively the Gross Site Area. 1.6.2 Density shall be expressed in building units per acre as specified for each Transect Zone by Table 10a. 1.6.3 The maximum Density of a site shall be calculated by multiplying the Transect Zone's Density identified in Table 10a by the Gross Site Area. Where a site includes multiple Transect Zones, each shall be calculated independently. The area of new Thoroughfares and Civic Spaces on the site shall be allocated to the closest Transect Zone(s) on the site. Where a Thoroughfare or Civic Space adjoins multiple Transect Zones, their area shall be proportionally allocated to the adjoining zones. 1.6.4 Where a site is subdivided into lots, a lot's Density may exceed the Density of the Transect Zone within which it lies, provided that the Transect Zone's maximum Density established in 1.6.3 is not exceeded. 1.6.5 Building units shall be exchanged for Functions at the following rates as established in Table 8B: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.6.6 Accessory Units do not count toward Density calculations. 1.6.7 Civic Buildings do not count towards Density calculations. 1.6.8 Senior housing units do not count toward Density calculations, but are subject to Density limitations established in Section 64-1834. 1.6.9 Contributing historic structures in a historic district or property do not county towards Density calculations. 1.6.9 The number of Building Units on a site may be increased by two Building Units for every one parking space provided that parking meets one of the following conditions: a. Is located within a Parking Structure having two or more above-ground stories. b. Is located within a Parking Structure having one or more below-ground stories. c. Is available for exclusive use by off-site Retail, Restaurant, Civic, or Office Functions within a straight- line radius of 600 horizontal feet from the parking space to the public entrance of the establishment. Parking spaces meeting two or more of the above conditions shall only be considered as meeting one condition for the purpose of the Building Unit bonus. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 5 1.6.10 The Base Density of a site may be increased by the Transfer of Development Rights (TDR) up to the amount specified for each zone by Table 10a subject to the provisions of Section 1.7 1.7 TRANSFER OF DEVELOPMENT RIGHTS 1.7.1 Purpose: The TDR mechanism is intended to encourage the voluntary redirection of future growth from areas where Milton wants reduced development into areas designated for development. Landowners can voluntarily choose to have their properties considered as either Open Space TDR Sending Sites or Park/Greenway TDR Sending Sites. Open Space TDR Sending Sites remain under private ownership subject to a conservation easement permanently limiting future development. Park/Greenway TDR Sending Sites are transferred from private ownership to the City of Milton or otherwise secured for public access in a manner acceptable to the City. In return for voluntarily participating in the TD R program, private property owners receive Transferable Development Rights (TDRs) which can be transferred for use at designated TDR Receiving Sites. The owners of TDR Receiving Sites can build up to Base Densities without using TDRs. If they choose to do so, owners of TDR Receiving Sites may exceed the baseline and build up to maximum Density limits at the ratio of two bonus Building Units per full TDR. 1.7.2 TDR Sending Site Criteria a. Open Space TDR Sending Sites shall be a minimum of 5 acres in size, shall be zoned T2 within this district or AG-1 outside of this district and shall contain natural or agricultural features whose retention would implement Milton’s goals for maintaining significant environmental areas, rural character and open space. Parcels shall not qualify if the restrictions that would be imposed by a conservation easement have already been established by a preexisting easement or similar instrument. b. Park/Greenway TDR Sending Sites shall be a minimum of one acre in size, unoccupied by any residences or other improvements that would render the site unusable for public access and shall be designated as suitable for Park, Greenway, Civic Space, trail or other public recreational uses in an adopted plan or code. Parcels in public ownership prior to the effective date of this code shall not qualify as TDR Sending Sites. However, parcels that the City buys for Parks and Greenways after the effective date of this code meet the criteria for Park/Greenway TDR Sending sites. 1.7.3 TDR Sending Site Approval Process a. Open Space TDR Sending Sites: Property owners may offer their land as Open Space TDR Sending Sites using application forms provided by the community development department. If the community development director finds that the proposed property meets the criteria, he/she shall approve the application and oversee the execution and recordation of a permanent conservation easement, approved by the community development director, that limits future development of the sending site to a density of no more than one dwelling per parcel or one dwelling per full 25 acres, whichever is greater. The easement shall apply to the entire lot. Regardless of any possible future rezoning of the TDR Sending Site, the easement shall permanently limit residential developme nt to a maximum density of one dwelling per parcel or one dwelling per full 25 acres, whichever is greater. The easement shall specify that all other uses, building requirements and activities shall be controlled by the provisions of the T2 zone for parcels within this district and the provisions of the AG-1 zoning district for parcels outside of this district. b. Park/Greenway TDR Sending Sites: Property owners may offer their land as Park/Greenway TDR Sending Sites using application forms provided by the community development department. If the CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 6 property owner proposes to transfer title to Milton, the change of ownership shall pertain to the entire parcel. If the Community Development Director finds that the proposed property meets the criteria for a Park/Greenway TDR Sending Site, he/she shall approve the application and oversee the transfer of title to the City of Milton or an agency/ organization authorized by the City Council. A permanent public access easement approved by the community development director may be used instead of title transfer if the proposed easement would implement all preservation and public recreational goals for the site in question to the satisfaction of the community development director. This easement may apply to all or a portion of a single parcel as long as the portion subject to the easement is at least one acre in size. If a Park/Greenway TDR Sending Site is secured by easement rather than City ownership, the easement shall permanently prohibit all residential development, shall preclude any improvements that would impede site use for public purposes and shall specify that all other uses and activities will be controlled by the provisions of the T2 for parcels within this district or the provisions of the AG-1 zoning district for parcels outside the this district. 1.7.4 TDR Allocation a. Open Space TDR Sending Sites: Upon recordation of an approved conservation easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue TDRs to the owners of Open Space TDR Sending Sites using the following formula: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres b. Park/Greenway TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the Community Development Director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Park/Greenway TDR Sending Sites using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five acres. Step Two: Multiply the total from Step One by a factor of 1.25 c. Civic Space TDR Sending Sites: Upon title transfer or recordation of an approved public access easement, the community development director shall deduct the area of land precluded from development by preexisting easements and issue Transferable Development Rights to the owners of Parks/Greenways TDR Sending Sites designated as suitable for Civic Spaces in an adopted plan or code using the following two-step process. Step One: calculate the total number of TDRs produced by i, ii and iii below: i. One TDR per full acre of Unconstrained Land ii. Plus one TDR per four full acres of Constrained Land iii. Plus one TDR per each full five acres of land subtotaled under i. and ii. in excess of five CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 7 acres. Step Two: Multiply the total from Step One by a factor of 1.5. 1.7.5 TDR Transfers: The community development director shall establish and administer a process for documenting and monitoring the issuance, transfer and permanent extinguishment of TDRs when they are used to increase density in a TDR Receiving Site development. Sending area property owners who are issued TDRs may retain them, transfer them directly to receiving area developers or transfer them to intermediaries who may also retain them or transfer them to receiving area developers. The City of Milton may but is not obligated to buy, hold and resell TDRs. T he City may also sever TDRs from land that it buys after the effective date of this ordinance for Parks and Greenways and sell these TDRs for use in TDR Receiving Site developments. The price paid for TDRs is determined by negotiation between TDR buyers and sellers. 1.7.6 TDR Receiving Sites: TDRs may be transferred to the TDR Receiving Sites designated by this code and any additional TDR Receiving Sites that may subsequently be designated by the City. TDR Receiving Site owners may build at or below the Base Densities established by code without any use of TDRs. However, owners who choose to do so may exceed the baseline and achieve the established maximum densities at the transfer ratio set forth in Section 1.7.7. 1.7.7 TDR Transfer Ratio: Pursuant to this code, developers of projects on TDR Receiving Sites may use the TDR option to exceed baseline density and achieve the maximum code-allowed density at the transfer ratio of two building units per full TDR. As set forth in Section 1.6.5, each building unit shall be exchanged for Functions at the following rates: a. Residential: 1 dwelling unit for each building unit. b. Lodging: 2 guest rooms for each building unit. c. Office: 2,250 square feet for each building unit. d. Retail: 2,250 square feet for each building unit. e. Other: 2,250 square feet for each building unit. 1.7.8 Unified Sending/Receiving Site: A TDR Sending Site and a TDR Receiving Site may occur on a single parcel if the respective portions of the parcel meet all criteria. TDRs from the Sending Site portion of the parcel shall be allocated using the formula provided in 1.7.4 except TDRs shall not be granted open space and Greenway dedications that are required as a condition of site development. TDRs from the TDR Sending Site portion of the parcel may be transferred to the TDR Receiving Site portion of the parcel, transferred to a separate TDR Receiving Site or to any combination of on-site and off-site TDR Receiving Sites. 1.7.9 Density Transfer Charge Option: If and when the mayor and city council adopts a Density Transfer Charge (DTC), TDR Receiving Site owners may gain bonus Density by paying the legislated DTC amount in lieu of each TDR that would otherwise be required. The city shall use DTC proceeds exclusively for the preservation of TDR Sending Sites and TDR program administration. The city may combine DTC proceeds with funding from other sources in order to acquire TDR Sending Sites and TDR Sending Site easements. Based on the recommendations of the community development director, the mayor and city council may adjust the DTC amount as needed in response to changes in real estate values. 1.7.10 Compliance Requirements a. When the use of the TDR option results in divisions of land, TDR compliance shall occur prior to final CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 8 subdivision map approval. b. When the use of the TDR option results in additional Density without a division of land, TDR compliance shall occur prior to building permit issuance. ARTICLE 2. REGULATING PLANS 2.1 INSTRUCTIONS 2.1.1 The geographic locations of the following shall be as set forth in the Crabapple Regulating Plan: a. Transect Zones b. Existing Civic Building Sites and Civic Spaces, and sites suitable for new Civic Spaces. c. Thoroughfare network, existing and planned d. Special Districts e. Mandatory Private Frontages f. Mandatory Public Frontages along existing Thoroughfares 2.1.2 The Crabapple Regulating Plan is an exclusive and mandatory regulation. Property owners within the plan area may submit Building Scale Plans under Article 4 in accordance with the provisions of this code. 2.1.3 The owner of a parcel or abutting parcels may apply for a Warrant to adjust the locations of Transect Zones and Thoroughfares from those shown in the Crabapple Regulating Plan subject to the following: a. The location of Transect Zones may be adjusted by up to a total of 300 horizontal feet with corresponding change in area and Density. b. The location of planned Thoroughfares may be adjusted by up to a total of 300 horizontal feet, provided that the interconnected network shown in the Crabapple Regulating Plan is maintained. 2.1.4 The owner of a parcel, or abutting parcels, consisting of 10 acres or more of contiguous lots may initiate the preparation of an Infill Regulating Plan in accordance with Section 2.2 of this code. 2.1.5 Civic Building Sites may be identified on the Crabapple Regulating Plan by Warrant. 2.2 INFILL REGULATING PLAN REQUIREMENTS 2.2.1 Approval of Infill Regulating Plans is pursuant to the procedures for rezoning. 2.2.2 Infill Regulating Plans shall include one or more maps showing the following, in com pliance with the standards described in this Article: a. Transect Zones b. Density by Transect Zone c. Civic Building Sites and Civic Spaces d. Thoroughfare network e. Special Requirements, if any f. Designation of a mandatory Setback for buildings from any lot line, if any g. Mandatory Private Frontages, if any h. Required landscape buffers adjacent to Special Districts, if any 2.2.3 The following elements shall not deviate from those established in the Crabapple Regulating Plan: a. Mandatory Public Frontages along existing Thoroughfares b. Greenways, although their exact locations may vary provided the connections to adjacent sites shown in the Crabapple Regulation Plan are maintained. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 9 2.2.4 Each Infill Regulating Plan shall dedicate at least 5 percent its total area to Civic Space. Civic Space shall be designed as generally described in Table 4 and distributed through the Transect Zones as described in Table 10d. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. 2.2.5 The Thoroughfare network shall be designed to define Blocks not exceeding the size prescribed in Table 10b. The perimeter shall be measured as the sum of lot Frontage Lines. Block perimeter at the edge of the development parcel shall be subject to approval by Warrant. 2.2.6 All Thoroughfares shall terminate at other Thoroughfares, forming a network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul-de-sacs shall be subject to approval by Warrant to accommodate specific site conditions only. 2.3 LANDSCAPE BUFFERS 2.3.1 The requirements of Section 64-237 shall not apply within this code. 2.3.2 Adjacent to a Special District the following shall apply: a. For sites on 4 acres or less, a 50-foot-wide undisturbed buffer, with a ten-foot improvement setback, shall be located adjacent to the Special District. b. For sites on more than 4 acres, a 75-foot-wide undisturbed buffer, with a 10-foot improvement setback, shall be located adjacent to the Special District. 2.3.3 To make buffers seem natural, an equal mix of four species from the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. 2.3.4 Modifications to the minimum buffer requirements shall be granted by Variance. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 10 ARTICLE 3. PUBLIC STANDARDS 3.1 INSTRUCTIONS 3.1.1 All sites, including those in Special Districts, shall incorporate Thoroughfares and Civic Spaces as established in the Crabapple Regulating Plan or an approved Infill Regulating Plan. 3.1.2 Where no approved Infill Regulating Plan exists: a. Additional Thoroughfares may be provided, provided that all Thoroughfares shall terminate at other Thoroughfares, forming a network. Cul-de-sacs shall be subject to approval by Warrant to accommodate specific site conditions only. b. Additional Civic Spaces may be provided. 3.1.3 Thoroughfares are intended for use by vehicular, bicycle, equestrian, and pedestrian traffic and to provide access to lots and Civic Spaces. Thoroughfares shall generally consist of Vehicular Lanes and Public Frontages. Bicycle Facilities and Equestrian Trails, where provided along a Thoroughfare, shall also be considered part of saida Thoroughfare. 3.1.4 Thoroughfares and Civic Spaces shall be designed in context with the physical form of their Transect Zones. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted accordingly or, alternatively, the Transect Zone may follow the alignment of the Thoroughfare to the depth of one lot, retaining a single Public Frontage throughout its trajectory. 3.1.5 Each lot shall Enfront a vehicular Thoroughfare or Civic Space, except that 20% of the lots within each Transect Zone may Enfront a Passage. 3.1.6 Standards for Thoroughfares within Special Districts shall be determined by the public works director, who may, at their discretion, require alternative standards. 3.1.7 Rear Alleys and Rear Lanes shall be provided where required by Table 10c. 3.1.8 Rear Alleys should be paved for their width. 3.1.9 Rear Lanes may be paved lightly to driveway standards. Their streetscapes shall consist of gravel or landscaped edges, and have no raised Curb. 3.2 THOROUGHFARES - VEHICULAR LANES 3.2.1 Thoroughfares may include vehicular lanes in a variety of widths for parked and moving vehicles, and Bicycle Lanes. The standards for vehicular lanes shall be as shown in Table 2A, subject to approval of the public works director, who may require alternative standards. 3.3 THOROUGHFARES - BICYCLE AND EQUESTRIAN FACILITIES 3.3.1 A bicycle and equestrian network consisting of Greenways (which include Multi-Use Trails and Equestrian Trails) and Bicycle Lanes should be provided as specified in the Crabapple Regulating Plan. The bicycle network shall be connected to existing or proposed city and regional networks wherever possible. 3.3.2 Greenway requirements may be satisfied by Warrant by providing a minimum 30-foot wide open space corridor in the approximate location shown on the Crabapple Regulating Plan and granting the City of Milton access easements for future Multi-Use Trails and Equestrian Trails. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 11 3.4 THOROUGHFARES - PUBLIC FRONTAGES 3.4.1 General to all zones T2, T3, T4, T5 a. The Public Frontage contributes to the character of the Transect Zone and includes Sidewalk, Curb, Planter, and trees. Greenways and Multi-Use Trails, if provided, are also part of the Public Frontage. b. Public Frontages shall be designed as shown in Table 3A and Table 3B and allocated within Transect Zones as specified in Table 10c. c. Retrofit of existing thoroughfares shall be accomplished in the Public Frontage by widening Sidewalks, adding trees, and adding public lighting, and adding Greenways. Where this occurs and there is insufficient right-of-way, the right-of-way shall be expanded or a public access easement provided to the City of Milton. Where the latter occurs, the Frontage Line will not be congruent with the right-of-way. d. Public lighting shall be provided as established in Section 4.11.2. e. Street trees shall be provided in the Public Frontage, subject to the following: i. Along State Route 372 street trees shall be placed and sized in accordance with the standards established by the Georgia Department of Transportation. ii. Along other Thoroughfares they shall be placed and sized in accordance with the standards established by the American Association of State Highway and Transportation Officials. f. The maintenance of lights and trees shall be the responsibility of the adjacent property owner or as otherwise agreed to by the director of public works. 3.4.2 Specific to zones T2, T3 a. The Public Frontage shall include trees of various species, naturalistically clustered. b. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance. 3.4.3 Specific to zones T3, T4, T5 a. Street trees shall be located in the Planter as shown in Table 3B and spaced a minimum of 30 and a maximum of 60 feet on-center. The spacing may be adjusted by Warrant for specific site conditions. b. The introduced landscape shall consist primarily of durable species tolerant of soil compaction. 3.4.4 Specific to zone T4 a. The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. 3.4.5 Specific to zone T5 a. The Public Frontage shall include trees planted in a regularly-spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the Shopfronts. 3.4.6 Specific to Broadwell Road and Mayfield Road a. The requirements of specific Transect Zones and Special Districts notwithstanding, the Public Frontage shall include a Sidewalk with a minimum width of 8 feet and a Planter having a minimum width of 8 feet. Street trees shall be located in the Planter and spaced a minimum of 30 and a maximum of 60 feet on - center. The spacing may be adjusted by Warrant to accommodate specific site conditions. b. Where approved by the public works director, on-street parallel parking may be located within the Planter. Where said parking is provided, a Planter having a minimum size of 7 by 10 feet and planted with one street tree shall be provided between every two parking spaces. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 12 3.4.7 Specific to Crabapple Road and Birmingham Highway, designated State Route 372 a. The standards identified for Broadwell Road and Mayfield Road shall also apply along Crabapple Road and Birmingham Highway, except as otherwise required by the Georgia Department of Transportation. 3.5 CIVIC ZONES 3.5.1 General a. Civic Zones are designated on the Crabapple Regulating Plan or Infill Regulating Plan as Civic Building Sites or Civic Spaces. 3.5.2 Civic Spaces a. Sites of more than 4 acres and not located within an Infill Regulating Plan shall dedicate at least 5 percent their total area to Civic Space. Greenways shall not be counted towards this requirement, except where they pass through a Civic Space meeting the requirements of Table 4. b. Civic Spaces shall be generally designed as described in Table 4. c. Each Civic Space shall have a minimum of 50% of its perimeter Enfronting a Thoroughfare, except for Playgrounds and Parks. d. Sites identified as suitable for Civic Spaces on the Crabapple Regulating Plan are not mandatory and are identified for TDR purposes only, as established in Section 1.7. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 13 ARTICLE 4. BUILDING SCALE PLANS 4.1 INSTRUCTIONS 4.1.1 Lots and buildings shall be subject to the requirements of this Article. 4.1.2 Building and site plans submitted under this chapter shall show the following, in compliance with the standards described in this chapter: a. For preliminary site and building approval: i. Building Placement ii. Building Form iii. Building Function iv. Public Frontage Standards b. For final approval, in addition to the above: i. Landscape Standards ii. Signage Standards iii. Special Requirements, if any iv. Architectural Standards 4.1.3 Special Districts shall be governed by the base zoning, as indicated on the Crabapple Regulating Plan. 4.1.4 Civic Building Sites shall not be subject to the requirements of this code. The particulars of their design shall be determined by Warrant. Buildings housing Civic Functions that do not meet the definition of a Civic Building shall be subject to the requirements of this code. 4.2 NON-CONFORMING PROPERTIES 4.2.1 Existing buildings and appurtenances that do not conform to the provisions of this code may continue in use as they are until a Substantial Modification is requested, at which time the community development director shall determine the provisions of this section that shall apply. 4.2.2 Lots existing at the time of adoption of this code shall not be considered non-conforming with regard to width. 4.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this code. 4.3 SPECIAL REQUIREMENTS 4.3.1 To the extent that the Crabapple Regulating Plan or an Infill Regulating Plan designates any of the following Special Requirements, standards shall be applied as follows: a. A Mandatory or Recommended Retail Frontage designation requires or advises that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as generally illustrated in Table 7. The first story shall be confined to Retail or Office use through the depth of the Second Layer. (Table 11C.) b. A Mandatory or Recommended Gallery Frontage designation requires or advises that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns (as generally illustrated in Table 7). A Gallery Frontage may be combined with a Retail Frontage. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 14 c. A Mandatory or Recommended Arcade Frontage designation requires or advises that a building overlap the Sidewalk such that the first floor Facade is a colonnade (as generally illustrated in Table 7). The Arcade Frontage may be combined with a Retail Frontage. d. A Coordinated Frontage designation requires that the Public Frontage (Table 4a) and Private Frontage (Table 7) be coordinated as a single, coherent landscape and paving design. e. A Cross Block Passage designation requires that a minimum 8-foot wide pedestrian access be reserved between buildings. 4.4 BUILDING PLACEMENT 4.4.1 Specific to all zones T2, T3, T4, T5 a. Newly platted Lots shall be dimensioned according to Table 10. b. Building Placement types shall be as shown in Table 6 and Table 10h. c. Buildings shall be placed in relation to the boundaries of their lots according to Table 10 and Table 12. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shown in Table 12 except as otherwise approved by Warrant. e. Lot coverage by building shall not exceed that recorded in Table 10. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 10. g. Setbacks for Principal Buildings shall be as shown in Table 10. In the case of an Infill Lot, Setbacks shall match one of the existing adjacent Setbacks. Setbacks may otherwise be adjusted by Warrant. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of the Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 10. i. To accommodate slopes over 10%, relief from front Setback requirements is available by Warrant. j. To accommodate the preservation of specimen trees as established in the tree preservation ordinance, relief from all setbacks, lot widths, and lot coverage is available by Warrant. 4.4.2 Specific to zone T3 a. Where use of a lesser setback is permitted for projects utilizing TDR, the amount of TDR utilized within the T3 zone shall equal at least one Building Unit per gross acre multiplied by the area of said zone. 4.4.3 Specific to zones, T4 Open, T5 a. The Principal Entrance shall be on a Frontage Line. 4.5 BUILDING FORM 4.5.1 General to all zones T2, T3, T4, T5 a. Buildings shall consist of simple rectangular bar forms or cubes. There shall be one primary volum e with optional secondary volumes. Secondary volumes shall butt into the primary volume. The roof form of the primary volume should clearly dominate. Secondary roof forms shall never dominate the composition, and shall not be taller than the primary, excluding masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. The aesthetics and proportion of the building composition should be considered on all elevations. b. The maximum building size shall be as follows: CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 15 i. The maximum building footprint shall be 18,000 square feet. size shall be 25,000 square feet. ii.i.Grocery stores and buildings housing them may have a maximum size of 50,000 square feet by approval of the Milton City Council. iii.ii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. c. The Private Frontage of buildings shall conform to and be allocated in accordance with Table 7 and Table 10. d. Buildings on corner Lots shall have two Private Frontages as shown in Table 12. Prescriptions f or the Second and Third Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages. e. Building heights shall conform to Table 5. f. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial or Civic Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding 14 feet, or 25 feet at ground level, shall be counted as two stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. g. A first level Residential Function shall be raised a maximum of 6 feet from average Sidewalk grade unless a greater height is approved by Warrant. h. In a Parking Structure or garage, each above-ground level counts as a single Story regardless of its relationship to habitable Stories. i. Height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. Attics shall not exceed 14 feet in height. j. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 440 square feet, excluding the parking area. k. The maximum number of attached Rowhouse units in a building shall be foureight. 4.5.2 Specific to zone T3 e.a. No portion of the Private Frontage may Encroach the Sidewalk. f.b. Open porches may Encroach the First Layer 50% of its depth. g.c. Balconies and bay windows may Encroach the First Layer 25% of its depth except that balconies on porch roofs may Encroach as does the porch. 4.5.3 Specific to zone T4 a. Balconies, open porches and bay windows may Encroach the First Layer 50% of its depth. 4.5.4 Specific to zone T5 b. Except where prohibited, Awnings, Arcades, and Galleries may Encroach the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. c. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8A. d. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach the First Layer 100% of its depth. e. In the absence of a building Facade along any part of a Frontage Line, a Streetscreen shall be built co- planar with the Facade. f. Streetscreens should be between 3.5 and 8 feet in height. The Streetscreen may be replaced by a hedge or fence by Warrant. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 16 g. A first level Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade unless a lesser height is approved by Warrant to allow wheelchair access. h. Along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road Shopfronts shall be provided on the ground floor and corner buildings should be Chamfered. 4.5.5 Galleries and Arcades shall be prohibited along Crabapple Road, Broadwell Road, Birmingham Highway, and Mayfield Road 4.6 BUILDING FUNCTION 4.6.1 General to all zones T2, T3, T4, T5 a. Buildings in each Transect Zone shall conform to the Functions on Table 8A, Table 9 and Table 10. Functions that do not conform shall require approval by Use Permit or Warrant as specified on Table 9. 4.6.2 Specific to zones T2, T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an Accessory Building. See Table 8A. 4.6.3 Specific to zone T4-Restricted a. Lodging, Office, and Retail Functions shall be prohibited. 4.6.4 Specific to zone T4-Open a. The Function standards of T5 shall apply. See Table 8A. 4.6.5 Specific to zones T4, T5 a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an Accessory Building. See Table 8A. 4.6.6 Specific to zone T5 a. Industrial Functions within the First Layer may be permitted by Variance. 4.7 SCREENING AND FENCING 4.7.1 Fences, walls and hedges shall be subject to the following: a. Where permitted within the first Layer, fences walls and hedges shall not exceed 42 inches in height. Retaining walls are excluded from this requirement. b. In all other locations fences and walls shall not exceed 5 feet in height and shall be at maximum of 50% opaque above 42 inches in height. This requirement shall not apply to fences and walls screening refuse areas. c. Allowed fencing material shall be three or four board wooden fencing with wood posts in the First Layer. d. Opaque fences are prohibited in the First Layer. e. Chainlink fencing is prohibited from public view. All chainlink fence shall be black vinyl clad. f. Retaining walls shall be faced with stone and brick only. Retaining walls above three feet high shall have a continuous planting of evergreens. 4.7.2 Loading docks and service areas shall be screened from view of any Thoroughfare of Civic Space by either: a. A minimum 6-foot-high opaque fence matching the material of the building; or b. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of 6 feet within two years of planting. 4.7.3 Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 17 enclosed pursuant to rules of the Fulton County Health Department. Enclosures shall be constructed of the same exterior wall material used for the Principal Building. The enclosure shall be one foot higher than what is contained in the interior. The door enclosing shall be made out of wood or a material that has the appearance of wood. 4.7.4 Mechanical features such as HVAC condensers, electrical transformers, heat pumps, and similar features shall not be placed in the First Layer and shall be screened from view of any Thoroughfare, Civic Space, or any property zoned, used, or developed for Residential Functions, by one of the following means: a. Placement behind the building; b. 100% opaque fencing which shall be constructed of the same type of exterior material used for the Principal Building; or c. By a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 42 to 48 inches in height at time of planting, and reach a height of 6 feet within two years or planting. 4.7.5 Detention ponds shall have a minimum 10-foot-wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. 4.8 OFF-STREET PARKING AND LOADING 4.8.1 Off-street parking and loading shall be provided in accordance with Article VII of this zoning ordinance. 4.8.2 Subject to the approval of the director of the community development department, off-street parking as required by Article VIII may be reduced and shared parking among uses may be permitted. 4.8.3 On-street parking along the parking lane corresponding to the Lot Frontage shall be used to satisfy the parking requirements of this zoning ordinance for Residential Functions. 4.8.4 All Office, Lodging, Retail, Civic, and Education Functions, and Apartment Buildings shall provide a minimum of one bicycle rack rack to accommodate a minimum of one bicycle space for every ten vehicular parking spaces. Said rack(s) shall be located within the Public or Private Frontage. within the Public or Private Frontage for every ten vehicular parking spaces. 4.9 PARKING LOCATION STANDARDS 4.9.1 General to zones T2, T3, T4, T5 a. Parking shall be accessed by Rear Alleys or Rear Lanes, when such are available or required. b. Open parking areas shall be masked from the Frontage by a Building or Streetscreen. 4.9.2 Specific to zones T2, T3 a. Open parking areas shall be located at the Second and Third lot Layers, except that Driveways, drop-offs and unpaved parking areas may be located at the First lot Layer. b. Garages shall be located at the third Layer except that side- or rear-entry types may be allowed in the First or Second Layer by Warrant. 4.9.3 Specific to zones T3, T4 a. Driveways at Frontages shall be no wider than 10 feet in the First Layer. (Table 3B.f) 4.9.4 Specific to zone T4 a. All parking areas and garages shall be located at the Second or Third Layer. (Table 17d) 4.9.5 Specific to zones T4-Open, T5 a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Layer. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 18 b. Vehicular entrances to parking lots, garages, drive-throughs, and Parking Structures shall be no wider than 12 feet for one-way access and 24 feet for two-way access at the Frontage. c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may exit directly into a building. d. Parking Structures shall have Liner Buildings lining all stories. 410 LANDSCAPE STANDARDS 4.10.1 General to zones T2, T3, T4, T5 a. Impermeable surface shall be confined to the ratio of Lot coverage specified in Table 10e. b. Walks shall be surfaced in decorative pavers, concrete, brick, stone, or decorative gravel that is contained and on a compacted base. c. Thick flagstone stepping-stones are permitted. d. Concrete is acceptable if should be broken up with banding at least 20 inches apart maximum. Banding shall be achieved through the use of contrasting materials or texture. e. Stamped concrete is prohibited. 4.10.2 Specific to zones T2, T3, T4 a. The First Layer shall be landscaped with live landscaped with grass, trees, shrubs, hedges and other landscaping materials approved by the city arborist and may shall not be paved, with the exception of Driveways as specified in Section 4.9.2 and Section 4.9.3. 4.10.3 Specific to zone T3 a. A minimum of two trees shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be naturalistically clustered. 4.10.4 Specific to zone T4 a. A minimum of one tree shall be planted within the first Layer for each 30 feet of Frontage Line or portion thereof. b. Trees shall be a single species to match the species of Street Trees on the Public Frontage. 4.10.5 Specific to zone T5 a. Trees shall not be required in the first Layer. b. The first Layer may be paved to match the pavement of the Public Frontage. 4.10.6 The following non-native invasive species shall not be planted a. Ailanthus altissima (tree-of-heaven) b. Albizia julibrissin (mimosa) c. Alternanthera philoxeroides (alligator weed) d. Eichhornia crassipes (water hyacinth) e. Elaegnus pungens (thorny olive) f. Elaeagnus umbellate (autumn olive) g. Hedera helix (English ivy) h. Hydrilla verticillata (hydrilla) i. Imperata cylindrical (congongrass) j. Lespedeza bicolor (shrubby lespedeza) k. Lespedeza cuneata (sericea Lespedeza) CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 19 l. Ligustrum japonicum (Japanese privet) m. Ligustrum sinense (Chinese privet) n. Lonicera japonica (Japanese honeysuckle) o. Lonicera maackii (amur honeysuckle) p. Lygodium japonicum (Japanese climbing fern) q. Melia azedarach (chinaberry) r. Microstegium vimineum (Nepalese browntop) s. Miscanthus sinensis (Chinese silvergrass) t. Murdannia keisak (marsh dayflower) u. Nandina domestica (sacred bamboo) v. Paulownia tomentosa (princess tree) w. Phyllostachys aurea (golden bamboo) x. Pueraria Montana var. lobata (kudzu) y. Rosa multiflora (multiflora rose) z. Sesbania herbacea (bigpod sesbania) aa. Sesbania punicea (red sesbania) bb. Spiraea japonica (Japanese spiraea) cc. Triadica sebifera (Chinese tallow tree) dd. Vinca major (big periwinkle) ee. Vinca minor (common periwinkle) ff. Wisteria sinensis (wisteria) 4.11 LIGHTING STANDARDS 4.11.1 Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two arms are permitted per post. c. Light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. d. Allowable post arm style shall be Shepherd's Crook. 4.11.2 Public pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable post styles are pole-top, bollard, and Shepard's Crook. 4.11.3 Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. 4.11.4 Shoe box and cobra style lights are prohibited. 4.11.5 Light housings and posts shall be a dark color/material and be nonreflective. 4.11.6. Sodium vapor, exterior neon, and colored lights are prohibited. 4.11.7 Fluorescent, metal halide, shrouded spots, and walkway lights are allowed. 4.11.8 Exterior area illumination shall not exceed an average of 2 footcandles of light. 4.11.9 Light trespass (spill light) onto an adjacent zone T2, T3, T4, T4-Restricted, Special District, or Civic Space property line shall not exceed 0.1 footcandle vertical at 3 feet above grade. 4.11.10 Building exterior light fixtures shall meet the following minimum standards: a. Building-mounted lighting fixtures shall have a 45 degree light cutoff. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 20 b. Light fixtures shall match style of architecture or shall be inconspicuous in nature. Outbuildings shall have a minimum of one fixture on their alley elevation. Fixture shall be on photocell. c. Each Enfronting Residential unit shall have two sconces or two 4-inch diameter recessed can lights (Clear Alzak or slotted opening) with a maximum 40-watt incandescent bulb maximum or 450 lumens equivalent. 4.12 DRIVE THROUGH STANDARDS 4.12.1 Drive-through service canopies shall be pitched at an angle and use materials matching the roof of the Principal Building. 4.12.2. Drive-through facilities and all associated vehicular queuing should be located at the rear of the Principal Building, but if that is not feasible, shall be located at the side. 4.12.3 Vehicular access to a drive-through should be from mid-block or from a Rear Alley to avoid disrupting pedestrian traffic. If a Driveway is necessary it shall be no more than 24 feet wide. 4.13 GASOLINE STATION STANDARDS 4.13.1. Gasoline station canopies and pumps: b.a. Shall be located to the side or rear of the Principal Building. c.b. Pump canopies shall be located at least 50 feet from any interior side or rear property line that adjoins a Residential Function. d.c. Shall be buffered from adjoining Residential Functions with a Streetscreen. 4.13.2 A conforming Principal Building is required and shall be a minimum floor area of 1,600 square feet. 4.13.3. Lighting shall be shielded to direct light and glare only onto the lot or parcel where the gas/fueling station is located and shall be in accordance with Section 4.11.9. 4.14 SIGN STANDARDS 4.14.1 The provisions of Section 64-2325 shall apply in areas regulated by this code. 4.14.2 The provisions of Section 64-2325 to the contrary notwithstanding, no freestanding sign shall be located within the First Layer in zone T5 unless approved by Variance. Sandwich boards shall be exempt from this restriction. 4.15 ARCHITECTURAL STANDARDS - ALL BUILDINGS 4.15.1 The following standards shall apply to all buildings, including detached single-family residential. 4.15.2 Buildings shall be designed in one of the following styles as defined in Article 7 Architectural Styles: a. Vernacular b. Greek Revival c. Italianate d. Gothic e. Queen Anne f. Colonial Revival g. Adams/Federal 4.15.3 Buildings with a Shopfront, Gallery, or Arcade Private Frontage may utilize simplified interpretations of one of the styles identified in Section 4.15.2 wherein conformance with style is achieved through the use of CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 21 stylistic architectural details. 4.15.4 Except within a designated historic district, compliance with the following styles shall be as determined by the community development director following comment from the city design review board. 4.15.5 Exterior Walls a. Technical and aesthetic requirements i. Wall finishes on individual buildings shall be the same on all sides; appendages or secondary wings may assume a differing finish according to visibility and architectural merit. ii. Wood shingles shall be level at the bottom edge. Corners shall be mitered. Decorative novelty shapes are prohibited. iii. Trim shall be consistent on all sides of the building; the primary building mass or the façade may be further embellished or enhanced. iv. Service wings may be expressed in a more simplistic manner, but shall exhibit clear design intent. b. Materials i. Brick and mortar color and style shall be appropriate to style of building. Avoid excessive color range; strive for consistency with subtle variations in brick palette. Avoid machine-produced brick. ii. Stone shall be appropriate to the style. iii. Materials may be combined on each Facade only horizontally, with the heavier below the lighter. iv. Material shall be limited to brick, natural stone, clapboard, board and batten, hard-coat stucco, or wood shingles. v. Vinyl or aluminum siding is prohibited. vi. Synthetic stone veneer and dry-stacked stone is prohibited. vii. Stone shall have a visible mortar joint and be at least 3.5 inches in depth. viii. Hard-coat stucco shall be a 3-coat plaster finish, integral finish, applied on brick or concrete block; control joints shall be concealed. ix. Clapboards and board and battens shall be wood or cementitious board. Hardi board shall have a 4 inch maximum exposure, while Artisan series Hardi board or full three-quarter inch wood siding may have up to an 8 inch lap. False wood graining is prohibited. x. Wood shingles shall be level at the bottom edge. 4.15.6 Roofs a. Technical and aesthetic requirements i. The roof slope on a single mass shall be the same on all sides, except for cat-slides and sheds. ii. Roof slopes shall be appropriate to the building style. iii. Vents and stacks shall be painted to match the roof material and hidden from view to the extent possible. iv. Overhangs that shed water within 5 feet of an adjacent lot shall be guttered and piped or diverted away from adjacent lots. b. Materials i. Materials should be wood shingles, wood shakes, standing-seam paint grip galvanized metal, slate or asphalt shingles (architectural weathered, wood, or classic green or red), or concrete simulated slate or wood shingles. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 22 ii. Gutters should either be half-round with round downspouts, metal-lined wood, or architecturally formed or molded. Finishes include copper and galvanized metal (unpainted), or color to resemble galvanized metal. iii. Wood shingles should not drain onto metal roofs; the chemicals in the wood often form corrosion, eventually disintegrating the metal. 4.15.7 Foundations a. Foundations shall be constructed of poured concrete or concrete masonry units. b. Foundations may be finished with smooth stucco, brick, or stone. c. Board formed concrete with aggregate may be approved by the city design review board. d. Front porches of wood shall be supported on masonry piers (typically 18 inches in face width by 8 to 12 inches depth, finished) and rendered in smooth stucco, masonry, brick, or stone. 4.15.8 Windows a. The provision of windows shall be appropriate to the building style. b. Technical and aesthetic requirements i. Windows and casings shall follow suit to style. ii. Window casings, muntins, and mullions shall appear to be historically correct. iii. Windows may not be omitted on side elevations, and shall be composed with the same thought and consideration as those on the front. iv. Window sills shall have a 1.5 inch minimum depth. v. Ganged windows and bays shall have a continuous sill and 4-inch mulls minimum. vi. Grill between glass, reflective glazing, and pop-in grills are prohibited. vii. Windows shall be True Divided Lite or Simulated Divided Lite. c. Materials i. Windows shall have 2-inch sashes material (face width); dimension of glass surface to sash and muntin face shall be 0.75 inch minimum. ii. Windows shall be wood, clad wood, or polymer. iii. Window materials shall be paint grade or pre finished. 4.15.9 Doors and windows that operate as sliders are prohibited along Frontages. 4.15.10 Doors a. Technical and aesthetic requirements i. Doors and casings shall follow suit to style. ii. Exterior front doors or doors visible from a public way, shall be hardwood, and may be stained or painted. b. Materials i. Mahogany, oOverly decorative store-bought varieties, plastic laminated, stamped metal, and leaded/beveled glass door are prohibited. Tropical hardwoods prohibited unless FSC certified. ii. Exterior doors shall be a durable, stable wood or clad in wood. Heart pine, wormy chestnut, walnut, cypress, pecan, are acceptable varieties. iii. Garage doors shall be utilitarian in character and may be wood, composite, or metal. Avoid faux strap hinges and embellishments and strive for beauty in honest construction. Standard paneled doors and arched glass panels are prohibited. 4.15.11 Shutters CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 23 a. The design shall be appropriate to the style of the building. b. Shutters shall be solid-core polymers or durable hardwoods. c. Vinyl, nail-on, false wood graining, and pre-finished shutters are prohibited. d. Shutters shall be authentic, fully operable, and capable of totally closing over the window sash. Plank or louver is acceptable. Thickness of shutter shall be 1.25-inch minimum. e. Usually, shutters occur in pairs; however, narrow windows may contain a single shutter. 4.15.12 Crawl space vents shall be designed in the language of the architecture of the building. 4.15.13 Chimneys e.a. Chimneys shall be proportioned, tapered, and detailed authentically according to the building style. f.b. Stacks shall be faced in smooth integral finish stucco or brick, or detailed as exposed metal flues. g.c. Siding or stucco board is prohibited as a finish material. 4.15.14 Porches and balconies a. Technical and aesthetic requirements i. Columns shall be appropriate to the style of the building. ii. Classical columns shall be architecturally correct. iii. The Tuscan and Doric orders may be used. iv. Narrow, routed flutes are prohibited. v. Railings shall be simple pickets or fretwork centered on rails. vi. Forged ironwork may be approved on a case-by-case basis by the city design review board. b. Materials i. Porch floors shall be wooden; resting on masonry piers finished in brick, stone or smooth stucco. ii. Porch ceilings shall be beaded nominal 1 by 4 inch or 1 by 6 inch, flush boards, tongue and groove boards, or exterior gypsum board with decorative nominal 1 by 4 inch or 1 by 6 inch shallow coffers or strips. iii. Plywood ceilings, with or without beads, are prohibited. iv. Openings between porch piers, if left open, shall be in-filled with custom wood lattice, wood louvers, brick lattice, or wire mesh planted with vines, as appropriate to the style. The opening is not required to be in-filled if the distance from grade to bottom of floor structure is less than one foot. v. Columns shall be wood, resin material, or masonry. Foams are prohibited. vi. Sheet metal columns are prohibited. vii. Railing systems shall be painted wood, iron, or masonry. viii. Synthetic and prefabricated railing systems are prohibited. ix. Precast classical balusters and ornate spindle work are prohibited; plain, round tapered, fretwork, and straight pickets are acceptable. 4.15.15 Trim a. Trim shall be appropriate to the style of the building and at the same time, show restraint. i. “Stock” profiles for moldings shall be used with extreme discretion. Avoid Howe casings, manufactured dentils, standard crowns, and standard brick mould. ii. Trim shall be consistent on all sides of building masses, with emphasis on the primary building mass and façade. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 24 iii. Trim for wings not along a Frontage may be simplified if appropriate to the expression. b. Materials i. Trim shall be of wood or preferably synthetic planks with enough thickness to conceal the edge of the siding. When used on buildings clad in horizontal siding, corner boards, casings, frieze boards, etc. shall be 1.25 inch thick material. Four- and 6-inch casings and corner boards are recommended. ii. Samples and assemblies of trim components may be requested of builder to exhibit clear construction intent. iii. Pressure treated trim is prohibited. iv. All trim is to be dressed. CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T-2 RURAL General Character:Primarily agricultural with woodland & wetland and scattered buildings Building Placement:Variable Setbacks Frontage Types:Not applicable Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-3 SUB-URBAN General Character:Lawns and landscaped yards surrounding detached single-family houses; pedestrians occasionally Building Placement:Large and variable front and side yard Setbacks Frontage Types:Porches, fences, naturalistic tree planting Typical Building Height:1- to 2-Story with some 3-Story Type of Civic Space:Parks, Greenways T-4 GENERAL URBAN General Character:Mix of Houses and Townhouses with scattered Commercial activity; balance between landscape and buildings; presence of pedestrians Building Placement:Shallow to medium front and side yard Setbacks Frontage Types:Porches, fences, Dooryards Typical Building Height:1- to 3-Story Type of Civic Space:Squares, Greens T-5 URBAN CENTER General Character:Shops mixed with Townhouses, larger Apartment houses, Offices, work place and Civic buildings; predominantly attached buildings; trees within the public right-of-way; substantial pedestrian activity Building Placement:Shallow Setbacks or none; buildings oriented to street defining a street wall Frontage Types:Stoops, Shopfronts, Galleries Typical Building Height:1- to 3-Story Type of Civic Space:Parks, Plazas, and Squares, median landscaping Table 1: Transect Zone Descriptions. This tables provides descriptions of the character of each Transect Zone. T-2 Rural Zone consists of sparsely settled lands in open or cultivated states. These include woodland, agricultural land, grassland, and irrigable desert. Typical buildings are farmhouses, agricultural buildings, and cabins. T-3 Sub-Urban Zone consists of low density residential areas, adjacent to higher zones that have some mixed use. Home occupations and outbuildings are allowed. Planting is naturalistic and setbacks are relatively deep. Blocks may be large and the roads irregular to accommodate natural conditions. T-5 Urban Center Zone consists of higher density mixed use building that accommodate Retail, Offices, Row- houses and Apartments. It has a tight network of streets, with wide sidewalks, steady street tree planting and buildings set close to the sidewalks. T-4 General Urban Zone consists of a mixed use but primarily residential urban fabric. It may have a wide range of building types: single, Sideyard, and Rowhouses. Setbacks and landscaping are variable. Streets with curbs and side-walks define medium-sized Blocks. 24 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton DESIGN SPEED TRAVEL LANE WIDTH T2 T3 T4 T5 25-35 mph 10 feet ■■■■■BY RIGHT 25-35 mph 11 feet ■■□BY WARRANT Above 35 mph 12 feet ■■ DESIGN SPEED PARKING LANE WIDTH 25 mph (Angle 18 feet)■ 25 mph (Parallel) 7 feet ■ 25-35 mph (Parallel) 8 feet ■■■ Above 35 mph (Parallel) 9 feet ■ DESIGN SPEED EFFECTIVE TURNING RADIUS 20-25 mph 10-15 feet ■■■■ 25-35 mph 15-20 feet ■■■■ Above 35 mph 20-30 feet ■□ TABLE 2A: Vehicular Lane Dimensions. This table assigns lane widths to Transect Zones. The Design ADT (Average Daily Traffic) is the determinant for each of these sections. The most typical assemblies are shown in Table 2B. Specific requirements for truck and transit bus routes and truck loading shall be decided by Warrant. Use of standards in this table are subject to approval by the public works director. (See Table 12) 25 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T2 T2 T2 Design ADT Pedestrian Crossing Design Speed b.T3 T4 T3 T4 Design ADT Pedestrian Crossing Design Speed c.T3 T4 T3 T4 T5 T4 T5 T4 T5 T5 Design ADT Pedestrian Crossing Design Speed d.T4 T5 T4 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed e.T5 T5 T5 T5 Design ADT Pedestrian Crossing Design Speed f.T5 T5 Design ADT Pedestrian Crossing Design Speed ONE WAY MOVEMENT ──────────────── ►TWO WAY MOVEMENT ────────────────────────────────────────── ► 6 Seconds T4-OPARKING ACCESS TABLE 2B: Vehicular Lane/Parking Assemblies. The projected design speeds determine the dimensions of the vehicular lanes and Turning Radii assembled for Thoroughfares. Use of standards in this table are subject to approval by the Director of the Department of Public Works. Where on-street Bicycle Lanes are provided, the paved width shall be inreased a corresponding amount T4-O 23 Seconds 25 MPH 25 MPH 25 - 30 MPH 3 Seconds 25 - 30 MPH 25 - 30 MPH 25 - 30 MPH 35 MPH and above 25 - 30 MPH 17 Seconds 17 Seconds 20 Seconds PARKING BOTH SIDES DIAGONAL 20,000 VPD 15,000 VPD 22,000 VPD 31,000 VPD 15,000 VPD 22,000 VPD 32,000 VPD 10 Seconds 10 Seconds 13 Seconds 15 Seconds NO PARKING 300 VPD 3 Seconds 25 - 30 MPH PARKING BOTH SIDES PARALLEL 20,000 VPD YIELD PARKING 1,000 VPD 36,000 VPD 13 Seconds 35 MPH or above 2,500 VPD 5 Seconds 25 MPH 22,000 VPD 9 Seconds 5 Seconds 7 Seconds 1,000 VPD 8 Seconds 11 Seconds 15,000 VPD 32,000 VPD PARKING ONE SIDE PARALLEL 5,000 VPD 18,000 VPD 16,000 VPD 13 Seconds 25 -30 MPH 25 - 30 MPH 25 - 30 MPH 5 Seconds 8 Seconds 26 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT► PRIVATE FRONTAGE►◄ PUBLIC FRONTAGE a.T2 T3 b.T2 T3 c.T3 T4 T5 d.T3 T4 T5 e.T3 T4 T5 f.T5 g.T3 T4 T5 (BV) For Boulevard: this Frontage has slip Roads on both sides. It consists of raised Curbs drained by inlets and Sidewalks along both sides, separated from the vehicular lanes by Planters. The landscaping consists of double rows of a single tree species aligned in a regularly spaced Allee. (CS) (AV) For Commercial Street or Avenue: This Frontage has raised Curbs drained by inlets and very wide Sidewalks along both sides separated from the vehicular lanes by separate tree wells with grates and parking on both sides. The landscaping consists of a single tree species aligned with regular spacing where possible but clears the storefront entrances. ◄ R.O.W. TABLE 3A: Public Frontages General: The Public Frontage is the area between the private Lot Line and the edge of the vehicular lanes. Dimensions are given in Table 3B. (RD) For Road: This Frontage has open Swales drained by percolation and a walking Path or Bicycle Trail along one or both sides Yield parking. The landscaping consists of the multiple species arrayed in naturalistic clusters. (ST) For Street: This Frontage has raised Curbs drained by inlets and Sidewalks separated from the vehicular lanes by individual or continuous Planters, with parking on one or both sides. The landscaping consists of street trees of a single or alternating species aligned in a regularly spaced Allee. (DR) For Drive: This Frontage has raised Curbs drained by inlets and a wide Sidewalk or paved path along one side, related to a Greenway or waterfront. It is separated from the vehicular lanes by individual or continuous Planters. The landscaping consists of street trees of a single species or alternating species aligned in a regularly spaced Allee. (AV) For Avenue: This Frontage has raised Curbs drained by inlets and wide Sidewalks separated from the vehicular lanes by a narrow continuous Planter with parking on both sides. The landscaping consists of a single tree species aligned in a regularly spaced Allee. PLAN (HW) For Highway: This Frontage has open Swales drained by percolation, Bicycle Trails and no parking. The landscaping consists of the natural condition or multiple species arrayed in naturalistic clusters. Buildings are buffered by distance or berms 27 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TRANSECT ZONE T2 T3 T2 T3 T4 T5 Public Frontage Type a. Total Width b. Type Radius c. Type Width d. Arrangement Species Planter Type Planter Width 5-20 feet T3 ST-DR-AVRD & ST 5-20 feet Open Swale 10-30 feet 12-24 feet Raised Curb 12-18 feet Open Swale Curb. The detailing of the edge of the vehicular pavement incorporating drainage. T4 T5 16-24 feet 12-18 feet 18-24 feet ST-DR-AV-BVHW & RD CS-DR-AV-BV Regular Regular Opportunistic Continuous Swale Walkway. The hard surface dedicated exclusively to pedestrian activity. Planter: The layer which accommodates street trees and other landscape materials. Path Optional n/a 8 feet - 12 feet Path 4-8 feet Clustered 8 feet - 16 feet Clustered Regular Sidewalk 8 feet - 12 feet Single Single Sidewalk 4-8 feet 4-8 feet Raised Curb 8 feet - 16 feet Continuous Swale Assembly: The principal variables are the type and dimension of Curbs, walkways, Planters and landscape. T5 CS-DR-AV-BV 12-30 feet Continuous Planter Clustered Clustered Tree Well 10-30 feet Alternating Single Continuous Planter Continuous Planter Raised Curb TABLE 3B: Public Frontages - Specific. This table assembles prescriptions and dimensions for the Public Frontage elements - Curbs, walkways and Planters - relative to specific Thoroughfare types within Transect Zones. Table 3B-a assembles all of the elements for the various street types. I I I I I I I I I I I I I I I I URBAN 18-30 feet RURAL I I I I I I I I I I I I I I I I II I I I I I TRANSECT I I I I I 5-20 feet Sidewalk Sidewalk Raised Curb 5-20 feet 4 feet - 6 feet 4 feet - 6 feet 12-20 feet 28 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton KEY HW BV AV CS DR ST RD RA RL MT ET BL BR Path PT Passage PS ST-50-26 ST-50-28 Street Street T4, T5 T4, T5 50 feet 50 feet 26 feet 28 feet Slow Movement Yield Movement 25 MPH 25 MPH 7.4 seconds 7.6 seconds 2 lanes 2 lanes One side @ 8 feet marked Both sides @ 8 feet unmarked 10 feet 10 feet 5 foot Sidewalk 5 foot Sidewalk 7 foot continuous Planter 6 foot continuous Planter Curb Curb Trees @ 30' o.c. Avg. Trees @ 30' o.c. Avg. BR BR TABLE 3C: Thoroughfare Assemblies: These Thoroughfares are assembled from the elements that appear in Tables 2A and 2B and incorporate the Public Frontages of table 3A. The key gives the Thoroughfare type followed by the right-of-way width, followed by the pavement width, and in some instances followed by specialized transportation capability. Pavement Width Transportation THOROUGHFARE TYPES Highway ST-57-20-BL Thoroughfare Type Right-of-Way Width Street Road Rear Alley Rear Lane Boulevard Avenue Commercial Street Drive Thoroughfare Type Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route Curb Radius Walkway Type Planer Type Curb type Pavement Width Movement Landscape Type Transportation Provision Design Speed Pedestrian Crossing Time Traffic Lanes Parking Lanes Transect Zone Assignment Right-of-Way Width 29 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 4: Civic Space a.T2 T3 b.T3 T4 T5 c.T4 T5 d.T5 T6 e.T2 T3 T4 T5 Playground:An Open Space designed and equipped for the recreation of children.A Playground should be fenced and may include an open shelter.Playgrounds shall be interspersed within Residential areas and may be placed within a Block.Playgrounds may be included within parks and greens.There shall be no minimum or maximum size. Park:A natural preserve available for unstructured recreation.A park may be independent of surrounding building Frontages.Its landscape shall consist of Paths and trails,meadows,water bodies,woodland and open shelters,all naturalistically disposed.Parks may be lineal,following the trajectories of natural corridors.The minimum size shall be 8 acres. Green:An Open Space,available for unstructured recreation.A Green may be spatially defined by landscaping rather than building Frontages.Its landscape shall consist of lawn and trees,naturalistically disposed.The minimum size shall be 1/2 acre and the maximum shall be 8 acres. Square:An Open Space available for unstructured recreation and Civic purposes.A Square is spatially defined by building Frontages.Its landscape shall consist of paths, lawns and trees,formally disposed.Squares shall be located at the intersection of important Thoroughfares.The minimum size shall be 1/2 acre and the maximum shall be 5 acres. Plaza:An Open Space available for Civic purposes and Commercial activities.A Plaza shall be spatially defined by building Frontages.Its landscape shall consist primarily of pavement.Trees are optional.Plazas should be located at the intersection of important streets. The minimum size shall be 1/2 acre and the maximum shall be 2 acres. 30 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 T3 T4 T5 T5 TABLE 5: Building Form - Height. This table shows the configurations for different building heights for each Transect Zone. 31 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a.T2 T3 T4 b.T4 T5 c.T4 T5 d.T5 Rearyard: Specific Types - Townhouse, Rowhouse, Live-work unit, loft building, Apartment House, Mixed use Block, Flex Building, perimeter Block. A building that occupies the full Frontage, leaving the rear of the Lot as the sole yard. This is a very urban type as the continuous Facade steadily defines the public Thoroughfare. The rear Elevations may be articulated for functional purposes. In its Residential form, this type is the Rowhouse. For its Commercial form, the rear yard can accommodate substantial parking. Courtyard: Specific Types - patio House. A building that occupies the boundaries of its Lot while internally defining one or more private patios. This is the most urban of types, as it is able to shield the private realm from all sides while strongly defining the public Thoroughfare. Because of its ability to accomodate incompatible activities, masking them from all sides, it is recommended for workshops, Lodging and schools. The high security provided by the continuous enclosure is useful for crime-prone areas. TABLE 6: Building Placement. This table approximates the location of the structure relative to the boundaries of each individual Lot, establishing suitable basic building types for each Transect Zone. Edgeyard: Specific Types - single-family House, Cottage, villa, Estate House, urban villa. A building that occupies the center of its Lot with Setbacks on all sides. This is the least urban of types as the front yard sets it back from the Frontage, while the side yards weaken the spatial definition of the public Thoroughfare space. The front yard is intended to be visually continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences and a well placed Backbuilding and/or Outbuilding. Sideyard: Specific Types - Charleston single-House, double house, zero-lot-line house, twin. A building that occupies one side of the Lot with the Setback to the other side. A shallow Frontage Setback defines a more urban condition. If the adjacent building is similar with a blank side wall, the yard can be quite private. This type permits systematic climatic orientation in response to the sun or the breeze. If a Sideyard House abuts a neighboring Sideyard House, the type is known as a Twin or double house. Energy costs, and sometimes noise, are reduced by sharing a party wall in this disposition. 32 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton LOT ►◄ R.O.W. LOT ►◄ R.O.W. PRIVATE ►◄ PUBLIC PRIVATE ►◄ PUBLIC FRONTAGE FRONTAGE FRONTAGE FRONTAGE a.T2 T3 b. T2 T3 T4 c.T4 T5 d.T4 T5 e.T4 T5 T6 f.T4 T5 g.T4 T5 h.T5 T6 Arcade: a collonade supporting habitable space that overlaps the Sidewalk, while the Façade at Sidewalk level remains at or behind the Frontage Line. This type is conventional for Retail use. The Arcade shall be no less than 12 feet wide and should overlap the Sidewalk to within 2 feet of the Curb. Stoop: a Frontage wherein the Façade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk sufficiently to ensure privacy for the windows. The entrance is usually an exterior stair and landing. This type is recommended for ground-floor Residential use. Stoops shall be no less than 30 inches deep. Shopfront: a Frontage wherein the Façade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. This type is conventional for Retail use. It has glazing on the Sidewalk level and an awning that should overlap the Sidewalk to within 2 feet of the Curb. Syn: Retail Frontage. Gallery: a Frontage wherein the Façade is aligned with the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. This type is conventional for Retail use. The Gallery should be no less than 10 feet wide and should overlap the sidewalk to within 2 feet of the Curb. Common Yard: a planted Frontage wherein the Façade is set back substantially from the Frontage Line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The deep Setback provides a buffer from the higher speed Thoroughfares. Porch & Fence: a planted Frontage where the Façade is set back from the Frontage Line with an attached porch permitted to Encroach. A fence, wall, or hedge at the Frontage Line maintains street spatial definition. Porches shall be no less than 8 feet deep. Terrace or Lightwell: a frontage wherein the Façade is setback back from the Frontage Line by an elevated terrace or sunken Lightwell. This type buffers Residential use from urban Sidewalks and removes the private yard from public encroachment. Terraces are suitable for conversion to outdoor cafes. Syn: Dooryard. Forecourt: a Frontage wherein the Façade is close to the Frontage Line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other Frontage types. Large trees within the Forecourts may overhang the Sidewalks. TABLE 7: Private Frontages. The Private Frontage is the areas between the building Facades and the lot lines. SECTION PLAN 33 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T3 a. RESIDENTIAL b. LODGING c. OFFICE d. RETAIL e. CIVIC f. OTHER RESIDENTIAL 1 dwelling unit for each Building Unit LODGING 2 guest rooms for each Building Unit OFFICE 2,250 square feet for each Building Unit RETAIL 2,250 square feet for each Building Unit OTHER 2,250 square feet for each Building Unit TABLE 8A: Building Function. This table categorizes Building functions within Transect Zones. For Specific Function and Use permitted By Right, by Warrant, or by Use Permit, see Table 9. Restricted Residential:The number of dwellings on each Lot is restricted to one within a Principal Building and one within an Accessory Building. Both dwellings shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. T2 T4 T5 Open Residential:The number of dwelling units and buildings on each lot is unlimited except by form-based standards elsewhere in this Code. Limited Residential:The number of dwellings on each Lot is unlimied within One Principle Building except by form-based standards elsewhere in this Code, and limited to one unit within an Accessory Building. All dwelling units shall be under single ownership. The habitable area of the Accessory Unit shall not exceed 440 sf, excluding the parking area. In T4-Restricted, Lodging, Office and Retail Functions are prohibited. In T4-Open, T5 Function regulations shall apply Restricted Lodging:Up to two bedrooms for lodging is permitted on each lot. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Limited Lodging:Up to three bedrooms for lodging is permitted on each lot, restricted to two bedrooms in an Accessory Building. The lot must be owner occupied.Food service may be provided in the a.m. The maximum length of stay shall not exceed ten days. Lodging Functions are prohibited in T4-Restricted. Open Lodging:Unlimited bedrooms for lodging is permitted on each lot. Food service may be provided at all times. Restricted Office:Office use is restricted to home occupations by the owner, with no more than one employee. Limited Office:The building area available for office use on each Lot is limited to the first Story of the Principal Building and/or the Accessory Building, and by the requirement of 3.0 assigned parking places per 1,000 square feet of net office space in addition to the parking requirement for each dwelling. Office Functions are prohibited in T4-Restricted. Open Office:The building area available for office use on each Lot is limited by the requirement of 2.0 assigned parking places per 1,000 square feet of net office space. TABLE 8B: Building Unit Function Exchange Rate. This table shows the rate that Buildings Units shall be exchanged for Functions See Table 9 See Table 9 See Table 9 Prohibited Retail: Retail is not permitted.Limited Retail:The building area available for Retail use is limited to the first story of buildings at corner locations, not more than one per block. The specific use shall be further limited to neighborhood store, or food service seating no more than 30. Retail Functions are prohibited in T4-Restricted. Open Retail:The building area available for Retail use is unlimited on the first floor and available to upper stories by Warrant. See Table 9 See Table 9 See Table 9 34 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton a. RESIDENTIAL1 T2 T3 T4-R2 T4 T4-O3 T5 f. OTHER: AGRICULTURE T2 T3 T4-R2 T4 T4-O3 T5 Apartment UUU Grain Storage R Live/Work Unit R RRR Livestock Pen W Row House RRRR Greenhouse RW Duplex House RRRR Stable RW Courtyard House RRRR Kennel RW Sideyard House RRRRRf. OTHER: AUTOMOTIVE Cottage RRRR Gasoline WW House RRRRR Automobile Service Accessory Unit RR RRR Truck Maintenance b. LODGING Drive-Through Facility WW Hotel RR Roadside Stand R RRR Bed & Breakfast Inn UU RRR Billboard S.R.O. Hostel U URR Shopping Center School Dormitory RRR Shopping Mall c. OFFICE f. OTHER: CIVIL SUPPORT Office Building RR Fire Station RRRRRR Live/Work Unit R RRR Police Station RRRR d. RETAIL Cemetery RW W Open-Market Building RR RRR Funeral Home RR Retail Building RRR Hospital Display Gallery RRR Medical Clinic RR Restaurant RRRf. OTHER: EDUCATION Kiosk RRR College WW WWW Push Cart WW High School WW WWW Liquor Selling Establsihment WW Trade School WW WWW Adult Entertainment Elementary School RR RRR e. CIVIC Other - Childcare Center RR RRR Bus Shelter R RRRRRf. OTHER: INDUSTRIAL Convention Center Heavy Industrial Facility Conference Center WW Light Industrial Facility W Exhibition Center Manufacuring W Fountain or Public Art RRRRRR Laboratory Facility Library RRR Water Supply Facility Live Theater RR Sewer and Waste Facility Movie Theater RR Electric Substation WWWWWW Museum RR Wireless Transmitter W Outdoor Auditorium WR RRR Cremation Facility Parking Structure RR Warehouse Passenger Terminal Produce Storage Playground RRRRRR Mini-Storage Sports Stadium Surface Parking Lot WWWR: ALLOWED BY RIGHT Religious Assembly UUUUUUW: ALLOWED BY WARRANT U: ALLOWED BY USE PERMIT 2. T4-Restricted 3. T4-Open TABLE 9: Specific Function and Use. This table expands the categroies of Table 8 to delegate specific Functions and uses within Transect Zones. 1. This table notwithstanding, all senior housing shall comply with Section 64-1834(a). 35 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton T2 RURAL ZONE T3 SUB-URBAN ZONE T4 GENERAL URBAN ZONE T5 URBAN CENTER ZONE a. By Right By TDR b Block Perimeter c. HW BV AV CS DR ST RD Rear Lane Rear Alley Path Passage Multi-Use Trail Equestrian Trail Bicycle Lane Bicycle Route d. Park Green Square Plaza Playground e. Lot Width Lot Coverage f. (f.1) Front Setback Principal (f.2) Front Setback Secondary (f.3) Side Setback (f.4) Rear Setback Frontage Buildout g. Front Setback Side Setback Rear Setback h. Edgeyard Sideyard Rearyard Courtyard i. Common Yard Porch & Fence Terrace, Dooryard Forecourt Stoop Shopfront Gallery Arcade j. Principal Building Outbuilding k. Residential Lodging Office Retail ARTICLE 4 ARTICLES 1, 2, 3 1. Minimum setbacks and building separations shall be subject to fire and building code restrictions. 2. Greater setback shall apply except for projects utilizing TDR, in which case the lesser setback shall apply. TABLE 10: Code Summary 4. Within T4-Restricted and T4-Open different Building Function requirements applyFUNCTIONopen use open use open use open use 3. Greater setback shall apply at a corner; lesser shall apply in all other situations prohibited use prohibited use limited use4 prohibited use restricted use limited use4 restricted use restricted use limited use4 BUILDING FUNCTION (See Table 8 and Table 9) restricted use restricted use limited use4 3 stories max. 1 min. 3 stories max. 3 stories max. 2 stories max. 2 stories max. 3 stories max. 3 stories max. 3 stories max. 1 min. BUILDING FORM-HEIGHT (See Table 5)BUILDING FORMpermitted not permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted permitted not permitted not permitted permitted not permitted permitted permitted permitted not permitted permitted permitted not permitted permitted PRIVATE FRONTAGES (See Table 7) not permitted permittednot permitted not permitted BUILDING PLACEMENTnot permitted not permitted permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BUILDING PLACEMENT (See Table 6) 50 ft. min. 12 ft. min. 3 ft. min. 25 ft. min. 3 ft. 3 ft. max. SETBACKS - OUTBUILDING (See Table 11) 2 ft. min. 15 ft. max. 25 ft. min.5 or 10 ft. min.2 0 ft. min. 0 ft. min. 24 ft. max. 60 ft. min.15 or 20 ft. min.2 10 ft. min. 30 ft. max. 80% max. SETBACKS - PRINCIPAL BUILDING (See Table 11) 20% max 60% max. 70% max. 18 ft. min 180 ft. max. LOT OCCUPATION 100 ft min 70 ft. min 120 ft. max. 18 ft. min 96 ft. max. permitted permitted permitted permitted permitted not permitted not permitted not permitted permittednot permitted not permitted permitted not permitted permitted permitted permitted permitted permitted by Warrant permitted by Warrant permitted permitted permitted permittedpermitted permitted permitted permitted permitted permitted permitted not permitted not permitted permitted permitted permitted permitted permitted permitted not permitted not permitted permitted required, or Lane required permitted permitted required, or Alley permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted permitted not permitted not permitted not permitted permitted permitted permitted not permitted permitted permitted BLOCK SIZE no maximum 3,000 ft. max. 2,400 ft. max. 2,000 ft. max. 14 units / ac. TDR not permitted 6 units / ac. 9 units / ac. BASE BUILDING DENSITY (See Section 1.6) 1 unit / ac. 3 units / ac. 5 units / ac. 9 units / ac. not permitted 50 ft. min. 3 ft. min. 50% min. 40 ft. min. 12 ft. min. 3 ft. or 6 ft. min.3 0 ft. or 3 ft. min.3 not applicable 30% min. 40 ft. max. from rear prop THOROUGHFARES (See Table 2 and Table 3) CIVIC SPACES (See Table 4) 70% min. 3 ft. min. permitted permitted not permitted not permitted permitted permitted permitted permitted permitted 0 ft. min. 8 ft. min. 20 ft. max. 2 ft. min. 15 ft. max. 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 20 ft. min. + bldg. setback 36 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11A: Code Graphics - T3 1. 2. 3. (See Table 1) l. restricted use restricted use restricted use 1. prohibited use k. 3 stories max.2. 2 stories max. f. 70 ft. min. 120 ft. max. 60% max. i. permitted not permitted not permitted 1. not permitted g. 15 or 20 ft. min. * 12 ft. min. 5 or 10 ft. min. * 12 ft. min. ** 30% min. at setback h. 20 ft. min. + bldg. setback 3 ft. min. or 6 ft. min. at corner 3 ft. min. j. permitted 1. permitted not permitted not permitted not permitted 2. not permitted not permitted not permitted Refer to Summary Table 10 3. * or 15 feet from center line of alley BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling. Height shall be measured to the eave or roof deck as specified on Table 5. (g.2) Front Setback Secondary Residential Lodging Edgeyard Sideyard SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) Office Retail Principal Building Outbuilding Lot Width Lot Coverage Rearyard Courtyard BUILDING PLACEMENT (See Table 6) SETBACKS - OUTBUILDING (See Table 10 section g) PRIVATE FRONTAGES (See Table 7) BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 8) LOT OCCUPATION (See Table 10 section e) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (g.1) Front Setback Principal Trash containers shall be stored within the third Layer. Uncovered parking spaces may be provided within the second and third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). Side- or rear-entry garages may be allowed in the first or second Layer by Warrant. PARKING PLACEMENT (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence Terrace or Lightwell Forecourt Stoop Shopfront & Awning "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. ** Greater setback shall apply except for projects utilizing TDR,in which case the lesser setback shall apply. Gallery Arcade 37 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T4 1. 2. 3. (See Table 1) l. limited use* limited use* limited use*1. limited use* k. 3 stories max.2. 2 stories max. f. 18 ft. min., 96 ft. max. 70% max. i. permitted permitted permitted 1. not permitted g. 10 ft. min., 30 ft. max. 8 ft. min., 20 ft. max. 0 ft. min. 3 ft. min.** 50% min. at setback h. 20 ft. min. + bldg. setback 0 ft. min. or 3 ft. min. at corner 3 ft. min. j. not permitted 1. permitted permitted permitted permitted 2. permitted permitted not permitted Refer to Summary Table 10 *Within T4-Restricted and T4-Open different Building Function requirements apply "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. BUILDING FUNCTION (See Table 8 & Table 9) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) SETBACKS - OUTBUILDING (See Table 10 section g) Lot Width Lot Coverage Edgeyard Residential The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) ** or 15 feet from center line of alley Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT PRIVATE FRONTAGES (See Table 7) (g.3) Side Setback (g.4) Rear Setback Frontage Buildout Lodging Office Retail BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet.Height shall be measured to the eave or roof deck as specified on Table 5. SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Principal Building Outbuilding Sideyard Rearyard Courtyard (g.1) Front Setback Principal (g.2) Front Setback Secondary (h.1) Front Setback Principal Arcade (h.2) Front Setback Secondary (h.3) Side Setback Common Lawn Porch & Fence 3.Trash containers shall be stored within the third Layer. Terrace or Lightwell Forecourt Stoop Shopfront & Awning Gallery Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). 38 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 11B: Code Graphics - T5 1. 2. 3. (See Table 1) l. open use open use open use 1. open use k. 3 stories max.2. 2 stories max. f. 18 ft. min., 180 ft. max. 80% max. i. not permitted permitted permitted 1. permitted g. 2 ft. min., 12 ft. max. 2 ft. min., 12 ft. max. 0 ft. min., 24 ft. max. 3 ft. min.* 70% min. at setback h. 40 ft. max. from rear prop. 0 ft. min. or 2 ft. at corner 3 ft. max. j. not permitted 1. not permitted permitted permitted permitted 2. permitted permitted permitted Refer to Summary Table 10 *or 15 feet from center line of alley Residential Lodging Edgeyard Sideyard BUILDING FUNCTION (See Table 8 & Table 8) BUILDING CONFIGURATION Building height shall be measured in number of Stories, excluding Attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor Commercial function which must be a minumum of 11 ft with a maximum of 25 feet.Height shall be measured to the eave or roof deck as specified on Table 8. Retail Principal Building Outbuilding Lot Width Lot Coverage (g.3) Side Setback (g.2) Front Setback Secondary Rearyard (g.1) Front Setback Principal BUILDING PLACEMENT (See Table 6) SETBACKS - PRINCIPAL BUILDING (See Table 10 section f) BUILDING FORM (See Table 5) LOT OCCUPATION (See Table 10 section e) Courtyard SETBACKS - PRINCIPAL BLDG. The Facades and Elevations of Principal Buildings shall be distanced from the Lot lines as shown. Facades shall be built along the Principal Frontage to the minimum specified width in the table. SETBACKS - OUTBUILDING Office Uncovered parking spaces may be provided within the third Layer as shown in the diagram (see Table 12 section d). Covered parking shall be provided within the third Layer as shown in the diagram (see Table 12 section d). PARKING PLACEMENT 3.Trash containers shall be stored within the third Layer. The Elevations of the Outbuilding shall be distanced from the Lot lines as shown. "N" stands for any Stories above those shown, up to the maximum. Refer to metrics for exact minimums and maximums. PRIVATE FRONTAGES (See Table 7) (h.3) Side Setback Common Lawn Porch & Fence Gallery Arcade Terrace or Lightwell Forecourt Stoop Shopfront & Awning (g.4) Rear Setback Frontage Buildout (h.1) Front Setback Principal (h.2) Front Setback Secondary SETBACKS - OUTBUILDING (See Table 10g) 39 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V6 City of Milton TABLE 12: Definitions Illustrated a. THOROUGHFARE & FRONTAGES b. TURNING RADIUS c. BUILDING DISPOSITION d. LOT LAYERS e. FRONTAGE & LOT LINES f. SETBACK DESIGNATIONS 40 June 5, 2012 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 42 ARTICLE 6. DEFINITION OF TERMS DEFINITIONS This Article provides definitions for terms in this code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article or In Section 64-1 of this zoning ordinance, then the community development director shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the code. Accessory Building: an Outbuilding with an Accessory Unit. Accessory Unit: an Apartment not greater than 440 square feet sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 8A and Table 12. (Syn: ancillary unit) Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. Backbuilding: a single-Story structure connecting a Principal Building to an Outbuilding. See Table 12. Base Density: the number of building units per acre before use of TDR. See Density. Bicycle Lane (BL): a dedicated lane for cycling within a moderate-speed vehicular Thoroughfare, demarcated by striping and having a minimum width of 5 feet. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. By Right: characterizing a proposal or component of a proposal for a Building Scale Plan (Article 4) that complies with the code and is permitted and processed administratively, without public hearing. See Warrant and Variance. Chamfered: a condition where a small exterior wall plane at a building corner has been formed when the planes of the two adjacent walls are cut away, usually at an angle of 45 degrees. Civic: the term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by not-for-profit organizations dedicated to arts, culture, religion, education, recreation, or a city, county, state, or federal government. Civic Building Sites: a parcel containing a Civic Building. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 43 Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4. Civic Space TDR Sending Site: A Park/Greenway TDR Sending Site designated as Civic Space in an adopted plan or code and therefore assigned a higher TDR allocation factor than other Park/Greenway TDR Sending Sites but treated as a Park/Greenway TDR Sending Site in all other respects. Civic Zone: designation for sites dedicated for Civic Building Sites and Civic Spaces. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Configuration: the form of a building, based on its massing, Private Frontage, and height. Constrained Land: includes the area occupied by lakes, streams, wetlands, buffers, landfills and all other land so determined by the community development director. Cottage: an Edgeyard building type. A single-family dwelling, on a regular Lot, often shared with an Accessory Building in the back yard. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table 7. Curb: the edge of the vehicular pavement that may be raised or flush to a swale. It usually incorporates the drainage system. See Table 3A and Table 3B. Density: the number of buildings units within a standard measure of land area. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constr aints of signage or enforcement. There are three ranges of speed: Low: (25 MPH); Moderate: (25-35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 2A. Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table 7. Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Table 12. Elevation: an exterior wall of a building not along a Frontage Line. See Table 12. See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Equestrian Trail: an unpaved equestrian way running independent of a vehicular Thoroughfare or Multi-Use trail and having an average width of 8 feet. Enfront: to place an element along a Frontage, as in “porches Enfront the street.” Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 44 Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 3A and Table 7. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See Table 12. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 8A and Table 9. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4. Greenway: an Open Space Corridor in largely natural conditions which may include trails for bicycles, pedestrians, golf carts, or horsesMulti-Use Trails and Equestrian Trails. . Gross Site Area: all land within a site's boundaries. Heavy Industrial: industrial facilities that conduct their operations in such manners that results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T-2, and T-3). Home Occupation: non-Retail Commercial enterprises. The work quarters should be invisible from the Frontage, located either within the house or in an Outbuilding. Permitted activities are defined by the Restricted Office category. See Table 8A. House: an Edgeyard building type, usually a single-family dwelling on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Layer: a range of depth of a Lot within which certain elements are permitted. See Table 12. Light Industrial: industrial facilities uses permitted in the M-1A district that conduct their operations in such manners that no results are created or apparent outside an enclosed building that are incompatible with adjacent or nearby non-industrial uses. Uses permitted in M-1A, but indicated elsewhere in Table 9 shall not be considered Light Industrial. Lightwell: A Private Frontage type that is a below-grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live-Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work-Live. (Syn.: flexhouse.) Lodging: premises available for daily renting of guest rooms. See Table 10 and Table 12. Lot Line: the boundary that legally and geometrically demarcates a lot. Lot Width: the length of the Principal Frontage Line of a lot. Manufacturing: premises available for the creation, assemblage and/or repair of artifacts objects, using table-mounted electrical machinery or artisanal equipment, and including their Retail sale. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 45 Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi-Use Trail (MT): a shared pedestrian, bicycle and golf cart way running independent of a vehicular Thoroughfare and having a minimum width of 12 feet. Office: premises available for the transaction of general business but excluding Retail, and Industrial Functions. See Table 8A and Table 9. . Open Space TDR Sending Sites: parcels that remain in private ownership subject to conservation easements in compliance with this code Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Table 12. Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table 4. Park/Greenway TDR Sending Sites: parcels that are transferred from private to public ownership or are publicly accessible by easement in compliance with this code, including sites designated as Civic Space, Park, Greenway, trail or other public recreational uses in an adopted plan or code Parking Structure: a building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous open space, ideally connecting directly with the urban Sidewalk network. Placement: the arrangement of a building on its lot. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. The Planter shall be located between the Sidewalk and the Curb. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages.  Principal Building: the main building on a Lot, usually located toward the Frontage. See Table 12. Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: On corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building, and the measure of minimum Lot width. Prescriptions for the parking Layers pertain only to the Principal Frontage. Prescriptions for the First Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade. See Table 7 and Table 12. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 3A and Table 3B. Rear Alley (RA): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a privately owned and maintained vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped ed ges, has no raised Curb, and is drained by percolation. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 46 Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table 6. (Var: Rowhouse, Townhouse, Apartment House) Regulating Plan: a Zoning Map or set of maps that shows the Transect Zones, Civic Zones, Special Districts if any, and Special Requirements if any, of areas subject to regulation by this code. Residential: characterizing premises available for long-term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 8A and Table 9. Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low-to-moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T2-T3). Rowhouse: a single-family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table 12. Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section 4.5. See Table 10f. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table 6. Simulated Divided Lites: a method of constructing windows in which muntins are affixed to the inside and outside of a panel of insulating glass to simulate the look of true divided light. Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table 6. Special Requirements: provisions of Section 4.3 of this code and/or the associated designations on a Regulating Plan. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 5. Street (ST): a local urban Thoroughfare of low speed and capacity. Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm. (Syn: streetwall.) Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Swale: a low or slightly depressed natural area for drainage. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 47 T-zone: Transect Zone. TDR: Transfer of Development Rights, a method of relocating existing zoning rights from areas to be preserved as open space to areas to be more densely urbanized. TDR Receiving Sites: parcels that receive bonus Density through TDR in compliance with this code. TDR Sending Sites: parcels on which development potential has been permanently reduced, parcels where ownership has been transferred or where public access has otherwise been secured in compliance with this code. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Ope n Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 2A, Table 2B and Table 12a. Townhouse: See Rearyard Building. (Syn: Rowhouse) Transect: a cross-section of the environment showing a range of different habitats. The rural -urban Transect of the human environment is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T-zone): one of several geographic areas regulated by this code. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 1. True Divided Lites: A term that refers to windows in which multiple individual panes of glass or lights are assembled in the sash using muntins. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 2B and Table 12. Unconstrained Land: includes all land not characterized as constrained. Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to this code, developed at T-3 (Sub-Urban) Density or higher. Variance: a ruling that would permit a practice that is not consistent with either a specific provision or the Intent of this code (Section 1.1). Variances shall be processed as a primary variance by the board of zoning appeals as established in Section 64-1888. See Section 1.5. Warrant: a ruling that would permit a practice that is not consistent with a specific provision of this code, but that is justified by its Intent (Section 1.1). Warrants are usually granted administratively by the shall be processed as an administrative variance by the community development director as established in Section 64-1885. See Section 1.5. Work-Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk-in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live-Work. (Syn: Live-With.) Yield: characterizing a Thoroughfare that has two-way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 48 ARTICLE 7. ARCHITECTURAL STYLES This Article provides an overview of the five architectural styles and colors that shall be utilized for all new buildings except single-family detached residential, as established In Section 4.14. Because the execution of specific styles can vary, the information contained in this article is advisory and for the expressed purpose of guiding the city design review board in reviewing buildings. ARCHITECTURAL STYLES Vernacular: With origins in Elizabethan England and influenced by Native American and African American traditions, the Vernacular tradition in the South is the essence of beauty, function, and simplicity. It is a powerful building type, perhaps the most indigenous to America. Dating from the arrival of the first settlers, it was recycled into the fabric of later styles and has never been fully abandoned. Vernacular forms exhibit natural composition, never decorative or academic, but relating to a relaxed logic. Materiality rules, as building materials are used in their most raw, pure, forms, with ornament reduced to mere gesture, executed in the same raw materials. Essential elements include simple masses, many times saltbox and catslide, with additions and appendages. Almost without exception, roofs are gabled, with gables rarely facing the front. Shed roofs over full-length porches or enclosed additions are common. Gable-end chimneys are prominent. Windows are of similar sizes, spaced in a balanced but not overly rigid composition, and are generally non-ornamental. Window spacing relating to room arrangement is often independent of column or post spacing, which relates to the actual porch structure. Modest stylistic detailing is Federal and Greek Revival, with elements of Italianate and Carpenter Gothic. Ceiling heights range from 9 feet to 12’ for commercial buildings, and 7 feet to 10 feet for houses. One-story Vernacular cottages may have so-called travelers rooms on either side of a front porch, featuring ceilings as low as 7 feet. Frugality rules Vernacular architecture. Hand made brick, wood horizontal lap siding, flush T&G plank siding under porches, wood-shingle and standing- seam roofs, and brick and/or stone chimneys are the typical features found in early architecture. Later forms are sometimes roofed in corrugated or 5-V galvanized metal. Typical exterior colors for earlier buildings include slate blue and earth tones such as terra cotta, taupe, and brown. Later works are typically whitewashed. Because Vernacular is not truly a style but a local building tradition, it’s form never hybridized with nineteenth- century styles. Stylistic detailing is applied to the building in a superficial manner. Greek Revival: Of the Romantic styles favored in the nineteenth century, perhaps none was more popular than Greek Revival. Dominant from about 1830 to 1860 in the South, the style symbolized the affinity Americans felt with the ideals of Greek democracy. The style was easy to construct in wood or masonry due to its Spartan forms and details. Forms are boxy with consistent cornice lines and low-pitched gabled or hipped roofs. Gables can be side or front facing. In the South, Greek detailing and full-width front porticos are often married to Vernacular forms, taking the form of a classical billboard, which is one of the more charming aspects of this region’s native architecture. Porches vary in prominence, being either the fabled Southern full-width two-story version or the less ostentatious one-story version or even the smaller stoop variety, which is equally dignified. Fenestration CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 49 features include rectangular sash and doors with bold, plain casings and horizontal cornices. Chimneys, being non-Classical, are thoroughly de-emphasized. Columns that are always round in true Greek architecture are usually simplified into square adaptations. Classical details are large and bold as opposed to the earlier, mild- mannered Adam Style, with wide, prominent entablature with Greek Doric columns being the main hallmark of the style. When decoration is desired, it is executed with Greek key fretwork, and vernacularized classical profiles. Paint colors for siding and trim are typically white, cream, and light grey with shutters tinted black. Window sash are white or black. Wood-mold brick is in the red to earth range. Italianate: The Italianate style became popular in America around 1840 and flourished especially rapidly in the 1850s. As its name implies, the Renaissance houses of Italy are its inspiration. The style is picturesque or romantic as opposed to the more disciplined Greek Revival style. Broad, bracketed cornices on shallow hipped or gabled roofs; attic windows; tall windows that are frequently arched and clustered; iron balconies; massive entrance doors; clustered porch columns; Renaissance details; and tall ceilings are hallmarks of this style. Facades may be symmetrical and somewhat dignified, or asymmetrical, with a casual, rural quality. Chimneys are usually internal to the building mass. In the South, there are many interpretations of the style executed in wood, with Renaissance-style ornament adapted to local skill levels. Some versions of this style are easy to construct, especially if the building material is brick, for then fundamental masonry techniques are used such as full or segmental arches, lintels, and load-bearing walls. Paint colors for siding, trim, and sashes are typically earth tones with emphasis on browns, terra cottas, and golds. Trim colors and sashes are usually painted darker than the siding. Wood-mold brick is in the red to earth range. Gothic: With origins in late 18th century England, the Gothic Style, otherwise known as the Gothic Revival, was popularized by Andrew Jackson Downing in the 1840s and 1850s. The style may be looked at as a reaction to the classical styles so popular at the time of the Adam style or Federal style, and the Greek Revival. With a definite nod to the whimsical, the style provided a welcome relief to the academic aesthetic of the era. Many Americans associate the style with Grant Wood’s American Gothic, a painting depicting a rather austere mid-western husband and wife set in front of a plain board and batten cottage with a pointed arched window. Applied to the hall and parlor houses popular at the time, humble folk houses were transformed into medieval fantasy with the addition of steep roofs, decorative verge boards and crockets, pointed arches, and pinnacles. Board and batten siding, paired columnettes, and 2 over 2 windows accentuated the verticality of the look. Old-timers sometimes naively refer to the ornamentation of the style as “gingerbread”. Many Gothic buildings dot the historic American countryside, with a special abundance in the North Georgia area. From Rome’s medieval clock tower to the Gothic cottages of Clarkesville, the Gothic style has become inextricably fused with the American psyche. Queen Anne: The Queen Anne Style dominated domestic American architecture from about 1880 until 1900. Popularized by the architect Richard Norman Shaw, the style was a revival of late medieval styles in CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 50 England. (The name Queen Anne, however has little or nothing to do with the reign of the English queen during the formalistic Renaissance period.) Indigenous versions of the style usually translated into wooden- frame structures decorated with turned spindle work and free-form Classicism, with columns, pediments, and so forth being freely substituted for medieval ornament. The movement was fueled in the New South by the commerce generated by the cotton industry. The forms of the buildings themselves are a fanciful version of medieval forms. Asymmetry was the general rule with steeply pitched roofs, front gables, and folk ornament. As opposed to the academic Adam and Greek Revival styles, there is a deliberate effort at making the façade three dimensional, using projecting gables and cutaway bays. The new railroads brought pre made spindle work and bric-a-brac ornament to almost every American town and city, resulting in the proliferation of the quintessential gingerbread house. Windows tended to be 1/1 or 2/2 with the occasional ornamental sash. Ceilings were usually very tall, starting at 10 feet. Examples exist of this style in the Crabapple Community. Colors were earthy-sage, taupe, amber, gold, and brown. Trim and sashes were usually in the darker spectrum of the palette. Colonial Revival: Inspired by the Centennial of 1876, the Colonial Revival thrived in the love that Americans have for their Colonial past, especially in English and Dutch houses of the Atlantic Seaboard. In part a reaction to the excesses of Victorian architecture, forms include simple saltbox massing, “L” configurations, catslide roofs, and vernacular forms. Wings and additions often occur that are subordinate in scale to the primary mass of the structure. Rooms are usually larger than their authentic Colonial predecessors and are planned for gracious interior accommodation resulting in playful exteriors. Facades may contain front facing gables treated in a decorative manner. Roof forms are varied in the Colonial Revival from steep Georgian types, shallow Classical types, hips, hipped gables, Gambrels, catslides, and Southern Vernacular types. Dormers are common roof features. Beautiful chimneys centered on gable ends terminate rooflines. Full front porches occur, but not as often as side porches and trellises, that often take on the quality of an outdoor room. Ceiling heights are always generous. Windows are larger than historic prototypes of early years. Americans were not about to give up the light that they had become used to in the Victorian period. Refined stylistic detailing includes Colloquial, Georgian, Federal, Regency, and Classical Revival elements such as columns and pilasters, fretwork railings, entablatures, broad casings, story courses, base reliefs, etc. Exteriors are finished in wood shingle siding, mitered lap siding, wood mould brick and worked stone. Roofs are slate, wood shingle, French tile, and standing seam metal. Some Colonial Revival buildings are quite decorative with Classical appliqué featuring urns, garlands, and grotesques ornament. Other Colonial Revival buildings are hybridized with the Craftsman style and feature straightforward construction detailing such as out-lookers supporting broad eaves, plain Tuscan columns with no base or capital necking details, and post and beam casings. Not all Colonial Revival houses are so freely adapted from various sources. Austere and authentic examples exist that are almost indistinguishable from their antecedents, leaving one to ponder the construction date. James Means, a 20th century Atlanta architect, designed Plantation Plain houses across the state of Georgia (one notable example exists in Crabapple) with great sophistication. His colleagues, Neel Reid, and Phillip Shutze, designed more inventive and decorative homes that are at the apex of the style in the South. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 51 Typical exterior siding, trim, and sash colors are white, bone, and cream, with dark green or black shutters and the occasional red door. Wood shingles are natural, stained grey or stained Jacobean black. Smooth wood mould brick in the red to earth range, and occasionally buff to taupe range is complimented with grape vine and lighting raked mortar joints. Stone is coursed or random and features flush, raised bead, or lightly raked mortar joints. Adam/Federal: The Adam or Federal style was prevalent in the South from about 1780 through 1820, although in provincial locations; its influence lasted until around 1840. The style developed directly from Classical Roman examples of antiquity rather than Renaissance Europe. Young America identified itself and its government with that of Republican Rome, with a parallel movement occurring in France. The refined ornament discovered in the archaeological digs at Pompeii heavily influenced the British architect Robert Adam in the development of the style. Architects such as William Jay of Savannah further developed it. Simple, austere massing and Vernacular forms are decorated with delicate classical detailing, frequently featuring the Doric order with decorated cornices, pedimented fenestration, fine modillions and mutules under the cornice, and entrances with fan lights and sidelights. In isolated locations, chimneys are awkwardly domestic and prominent, while in urban locations, they are minimally formalized. Exterior cladding materials are usually clapboards but are sometimes fine brickwork with cut jack arches and keystones. Classical detailing is deliberately scaled down. Facades are intentionally understated and plain. Emphasis is placed on the frontispiece and on the fine tailoring of the building. Windows are large and regularly spaced. Paint colors for siding, trim, and sashes are typically white, cream, and light grey with shutters being tinted black. Wood-mold brick is in the red to earth range. COLORS AND FINISHES As the architecture demands, the color palette of the City of Milton is diverse. With an emphasis on “real” materials, whether natural or man-made, many colors and finishes should simply be left unfinished. Surfaces to be painted should complement the architecture, never commanding too much attention. Colors must never upstage the natural landscape. Colors and finishes must be appropriate to the mood and style of the building. Designs that are derived from the Vernacular style will be early 19th century color combinations, with colors such as burnt sienna; rich warm gray, mustard and “haint” blue. Designs that take inspiration from the Greek Revival style will display crisp, light stone colors that bespeak dignity and acknowledge their classical temple origins. Other designs that are inspired by Queen Anne, Gothic, and Italianate designs are complex and rich, displaying earth tones that contrast to one another. Colonial Revival and Adams/Federal palettes take inspiration from East Coast historic precedents with natural shingle siding trimmed in white, white or slate blue clapboard trimmed in white with red doors, and shaker inspired colors. The designer should research period colors and become familiar with the combinations that can be used. ARCHITECTURAL STYLES ILLUSTRATED The following are illustration of key components of the above-noted styles. Please note that the graphics show the styles as utilized on single-family detached houses, although these styles can readily translate into commercial or mixed-use buildings through use of stylistic detailing. Please refer to the City of Milton Historic Preservation Design Guidelines for examples. CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 52 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 53 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 54 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 55 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 56 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 57 CRABAPPLE FORM-BASED CODE – DRAFT V5 (PLANNING COMMISSION RECOMMENDATIONS) City of Milton May 23, 2012 58 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ12-08 AN ORDINANCE TO DELETE CRABAPPLE CROSSROADS OF THE NORTHWEST FULTON OVERLAY, CHAPTER 64, ARTICLE VII, DIVISION 7 AND CONCURRENTLY CREATE THE CRABAPPLE FORM BASED CODE, CHAPTER 64, ARTICLE XIX, OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 18th at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to deleting Crabapple Crossroads of the Northwest Fulton Overlay, Chapter 64, Article VII, Division 7 in its entirety and to create the Crabapple Form Based Code which includes provisions for Transfer of Development Rights within a new Article of Chapter 64 of the Zoning Ordinance, Article XIX which includes a Crabapple Regulating Plan Map, and; SECTION 2. That the harmonious and orderly growth of Crabapple should be secured through form based codes, and that this newly created article includes intent, applicability, process, warrants and variances, and transfer of development rights, and; SECTION 3. Is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 4. All ordinances, parts of ordinances, or regulations in conflict with the terms of this ordinance are hereby repealed. SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of June, 2012 _________________________________ Mayor Joe Lockwood Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 42, ARTICLE III, OF THE MILTON CITY CODE TO REMOVE THE REQUIREMENT FOR PRECIOUS METALS DEALERS TO OBTAIN AND MAINTAIN A LICENSE AND INDEMNITY BOND BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 18, 2012 at 6:00 p.m. as follows: SECTION 1. That the Code of Ordinances of the City of Milton, Georgia, relating to the requirements for obtaining and maintaining a precious metals dealer permit, is hereby amended by deleting the following subsection 42-63(g). “Each person shall furnish the City of Milton a license and indemnity bond conditioned upon the said principal of said bond faithfully performing the obligations and duties set forth in this article, as such may be amended from time to time. The purpose of this bond is to indemnify and save harmless the Milton City Council, its officers and employees, on account of any judgments, claims, demands or losses by reason of the issuance of the precious metals dealer permit to a permittee and to provide a means for payment of losses caused by said permittee's violation of this article for which said permittee principal has been held responsible for in a civil court of competent jurisdiction to an owner or former owner of precious metals and items covered under this article. The bond described herein shall be in the amount of $100,000.00.” SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. This Ordinance shall become effective upon its adoption. ORDAINED this the 18th day of June, 2012. ____________________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, City Clerk (Seal)