RZ12-16/VC12-06 INTENT

Transcription

1 RZ12-16/VC12-06 PROPERTY INFORMATION ADDRESS Hopewell Road DISTRICT, LAND LOT 2/2 1108, 1109 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING AG-1 (Agricultural) PROPOSED ZONING NUP (Neighborhood Unit Plan) ACRES EXISTING USE One single family residence PROPOSED USE 29 Single Family Residential Units PETITIONER Beazer Homes - Steve Check ADDRESS 6755 Shiloh Road East, Suite 101 Alpharetta, GA REPRESENTATIVE Nathan V. Hendricks III PHONE INTENT To rezone from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan) to develop 29 single family detached homes on acres at an overall density of 4.18 units per acre. The applicant is requesting the following two part concurrent variance: 1) Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec (i)). 2) To allow sidewalks along only one side of the street on the interior of the development (Sec ). Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 1 of 24 RZ12-16/VC12-06

2 COMMUNITY DEVELOPMENT RECOMMENDATION DECEMBER 19, 2012 RZ12-16 APPROVAL CONDITIONAL VC12-06 PART 1 DENIAL ALONG THE EAST PROPERTY LINE VC12-06 PART 1 APPROVAL ALONG THE SOUTH AND NORTH PROPERTY LINES VC12-06 PART 2 DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 2 of 24 RZ12-16/VC12-06

3 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 3 of 24 RZ12-16/VC12-06

4 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 4 of 24 RZ12-16/VC12-06

5 GA 400/HWY 9 LCI PLANNING STUDY Transition Area Low Scale Primarily residential (likely senior, attached, and small lot single family) with limited neighborhood serving retail office Maintain lower scale development with appropriate buffers to residential neighborhoods Encourage linear paths along roadways Limit setbacks from Hwy 9 where practical Require parking lot and right of way landscaping Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 5 of 24 RZ12-16/VC12-06

6 SITE PLAN SUBMITTED ON NOVEMBER 6, 2012 Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 6 of 24 RZ12-16/VC12-06

7 LOOKING WEST FROM THE SITE (VICKERY CREST S/D) Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 7 of 24 RZ12-16/VC12-06

8 LOOKING SOUTH FROM THE SITE (ALPHARETTA) Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 8 of 24 RZ12-16/VC12-06

9 LOOKING EAST FROM THE SITE LOOKING SOUTHWEST FROM THE SITE Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 9 of 24 RZ12-16/VC12-06

10 Existing uses and zoning of nearby property Location Parcel / Zoning Petition Zoning / Name North 1 AG-1 (Agricultural) Single Family Residence North 2 R-3 (Single Family Residential) RZ95-21 Hopewell Place Further North 3 RZ03-122/ RZ03-41 R-3 (Single Family Residential) Milton Place Subdivision (Under Development) Approved Density/Min. Heated Floor Area 1 u/a 2 u/a 1,800 s.f u/a 2,750 s.f u/a 2,750 s.f. East 4 RZ98-81 CUP(Community Unit Plan) Southfield Subdivision 2.5 u/a 1,700 s.f. Further East Further Southeast 5 RZ93-75 (City of Alpharetta) 6 RZ88-84 R-15 (Single Family Residential) Gatewood Subdivision M-1 (Light Industrial) Self Storage 2.92 u/a 1,400 s.f 13,757 s.f./acre 2 stories Further Southeast 7 (City of Alpharetta) Southeast 8 (City of Alpharetta) Further South 9 (City of Alpharetta) C-2 (Commercial) Undeveloped C-2 (Commercial) Senior Living Facility with 133 units (Under Development) R-8A Orchards at Hopewell Subdivision West 10 AG-1 (Agricultural) Scattered Single Family Residences Northwest 11 RZ04-144/ RZ CUP (Community Unit Plan) Vickery Crest Subdivision Under Development N/A 3.98 acres 5.51 u/a 1 u/a 1 u/a Min 18,000sq.ft. lots / 2,500 s.f u/a Min 15,000 sq.ft. lots/ 2,500 s.f. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 10 of 24 RZ12-16/VC12-06

11 EXISTING USES LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 11 of 24 RZ12-16/VC12-06

12 SUBJECT SITE AND BACKGROUND: The subject site contains acres. It is developed with a single family residence zoned AG-1 (Agricultural) that will be demolished for the proposed development. The site is located within the Transition designation of the GA 400/Hwy 9 Master Plan Livable Centers Initiative (LCI). The applicant is requesting a rezoning to NUP (Neighborhood Unit Plan) to develop 29 single family residences at an overall density of 4.18 units per acre. In addition, the applicant is requesting a two part concurrent variance to reduce the perimeter setback for a NUP from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line. The second request is to allow sidewalks along only one side of the street on the interior of the development. SITE PLAN ANALYSIS Based on the applicant s site plan submitted to the Community Development Department on November 6, 2012, Staff offers the following considerations: DEVELOPMENT STANDARDS SEC NUP (Neighborhood Unit Plan) Development Standards No building shall exceed 40 feet in height Minimum lot area per unit shall be 4,000 square feet Minimum NUP development size shall be four acres and Maximum NUP size shall be twelve acres Maximum density allowed is 5 units per gross acre Minimum lot width (at building line) per conditions Minimum development frontage shall be 35 feet Minimum lot frontage shall be 20 feet adjoining a street Minimum heated floor area per unit shall be 1,000 square feet Proposed Development None indicated The minimum lot size shown is 5,000 square feet The NUP development size is acres The density of the subject site is 4.18 units per acre 52 feet Exceeds the minimum 52 feet 2,000 square feet Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 12 of 24 RZ12-16/VC12-06

13 Minimum perimeter setback for the entire development shall be 40 feet 25 feet along east and north property line and 7 feet along south and property line (Applicant has asked for Concurrent Variance for these property lines.) The following are proposed building setbacks for individual lots (NUP allows for applicant to specify building setbacks): a) Front yard setback 10 feet b) Side yard setback 0-7 feet with 14 feet minimum between structures c) Side yard setback adjacent to a street 7 feet d) Rear yard- 15 feet Staff recommends that lots numbered 20 through 29 be alley accessed lots. This type of design will further create a walkable, village type community that will provide an alternative subdivision design for the area where there are typical suburban single family designs. This requirement will be included in the recommended conditions. Part 1 of VC Reduce the periphery setback from 40 feet to 25 feet along the east and north property lines and 7 feet along the south property line (Sec (i)) In regards to the request to reduce the periphery setback along the east property line adjacent to the existing subdivision, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 1 - VC12-06 along the east property line. The applicant has also requested that the periphery setback along the south property line be reduced from 40 feet to 7 feet and the north property line to 25 feet. Staff notes that the adjacent property to the south is within the City of Milton, but has been designated as a no access easement with a minimum width of 50 feet and increasing in width going to the east. This property is owned by the Hopewell Road Properties, LLC which is under development for the senior living facility within the City of Alpharetta. In regards to the north property line, Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 13 of 24 RZ12-16/VC12-06

14 there is a small strip of land adjacent to the entrance to Southfield that is a part of a lot within that subdivision. There are no improvements on this portion of the parcel and appears as though the applicant s property abuts the Southfield subdivision access road. Based on these facts, 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 VC12-06 along the south and north property lines. LANDSCAPE STRIPS AND BUFFERS The proposed development shall comply with Article III, Tree Preservation and Administrative Guidelines within the Zoning Ordinance, Sec (g) of the Zoning Ordinance which states Unless otherwise specified, lots developed with single-family detached dwelling units are not required to provide landscape areas or zoning buffers. Staff notes that a 20-foot landscape strip and fencing are required around all detention ponds. The site plan does not indicate the required landscape strip and fencing. The fencing shall be a 6-foot high, five-board equestrian style fence with two inch by four inch welded wire constructed around it. OTHER SITE PLAN CONSIDERATIONS Part 2 of VC To allow sidewalks along only one side of the street on the interior of the development (Sec ). Pursuant to Sec of the Zoning Ordinance requires sidewalk and shall be constructed in accordance with the Department of Public Works standards plans which requires sidewalks on both sides of the street. Within the City Code, Chapter 50, Subdivisions, it is required that sidewalks within residential subdivisions be a minimum of 5 feet in width and a minimum 2 foot beauty strip between the sidewalk and the curb. The applicant s letter of intent states...to delete sidewalks along one side of the internal streets in order to provide more green space and planting area although it is Staff s opinion that sidewalks be provided to both sides of a street to encourage a pedestrian friendly and safe environment for the residents. Accordingly, the applicant has not submitted credible evidence that: 1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance and 2) There are such extraordinary and exceptional Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 14 of 24 RZ12-16/VC12-06

15 situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the applicant. Therefore, Staff recommends DENIAL of Part 2 - VC Staff notes that although the site plan does not indicate sidewalks along Hopewell Road, the applicant has indicated that they will be constructed to continue the pedestrian accessibility between subdivisions along Hopewell Road and connected with the senior living facility to the south within the City of Alpharetta. ENVIRONMENTAL SITE ANALYSIS The Environmental Site Analysis (ESA) report is sufficient and satisfies the requirement of Section A field survey of the site was conducted by Staff to verify areas addressed in the ESA report. The proposed site does not contain wetlands, floodplains, streams, steep slopes, historical sites or sensitive plant and animal species. ARBORIST COMMENTS Site has about 75% tree coverage, mostly that of young pine trees. There are several specimen trees on the site. No state waters were determined to exist. Recompense will be required and appears that all should be able to be placed on the site. Placement and species selected for recompense shall be approved by the city arborist. Additional measures may be required should trees not be provided with adequate growing area Tree Density Units (TDUs) shall be maintained/provided Specimen trees to be preserved or recompensed: 8 dogwood (2) 10 dogwood 27 oak 30 oak (2) Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 15 of 24 RZ12-16/VC12-06

16 CITY OF MILTON FIRE MARSHAL Based on the width of the pavement curb to curb of 24 feet, no on-street parking will be permitted. Further evaluation of the plan will be made at the time of the Land Disturbance Permit application. PUBLIC WORKS DEPARTMENT Subdivision regulations require a minimum of a 100' radius at the centerline of all curves. The curve near the stormwater facility does not appear to meet that standard FULTON COUNTY BOARD OF EDUCATION Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 16 of 24 RZ12-16/VC12-06

17 FINANCIAL MODELING RESULTS Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 17 of 24 RZ12-16/VC12-06

18 PUBLIC INVOLVEMENT On November 28, 2012 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were twelve residents from the community in attendance. Public Comments Staff has received several s regarding this development which are included at the end of the report. PUBLIC PARTICIPATION REPORT The applicant submitted their report to the Community Development Department on December 7, There were four residents who attended the Public Participation Meeting held on December 5, 2012 at the Kroger Meeting Room on Hwy 9. The only concern the residents voiced was the concurrent variance to reduce the periphery setback from 40 feet to 25 feet. The applicant will be revisiting this issue to see if the setback can be increased. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW DECEMBER 4, 2012 Comments: Why are you requesting sidewalks only on one side for internal streets? Standards of Review (Section ) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 29 lot single family residential subdivision developed at a density of 4.18 units per acre provides a transition from the south with the senior living facility under development within the City of Alpharetta toward the medium density single family residential to the north and east at 2 units per acre and 2.5 units per acre respectively. It is Staff s opinion that the proposed use is suitable with adjacent and nearby developments and zonings if approved with Staff s recommended conditions. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 18 of 24 RZ12-16/VC12-06

19 It is Staff s opinion that the proposal will not adversely affect existing use or usability of the adjacent properties as described above. The proposed development provides a transition between the existing densities and uses. 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 currently zoned AG-1 (Agricultural). 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services or utilities. Comments from the Fulton County Board of Education are included in the report as it relates to the estimated number of new students for the proposed rezoning which will have an impact on the elementary and middle schools. The applicant will be required to provide the transportation improvements listed in the recommended conditions. These improvements will help ameliorate the increased amount of traffic created by the proposed development. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? GA 400/Hwy 9 LCI Planning Study: Transition Proposed use/density: Single Family Residential at 4.18 units per acre The GA 400/Hwy 9 LCI Planning Study approved by the Mayor and City Council on April 23, 2012 suggests Transition for the subject site and the properties to the east to the north, south, and west. The proposed NUP (Neighborhood Unit Plan) development conforms to the suggested policies and intent of the GA 400/Hwy 9 LCI Plan as described in the graphic below if developed with the recommended conditions. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 19 of 24 RZ12-16/VC12-06

20 Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 20 of 24 RZ12-16/VC12-06

21 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 development provides a transition in densities from the south to the north. If developed with the recommended conditions, it is consistent with the GA 400/Hwy 9 LCI Planning Study recommendation of Transition for the subject site. Transition is also recommended to the south and east of the subject site. Based on these facts, it is grounds to recommend approval for the proposed NUP (Neighborhood Unit Pan) if developed with the recommended conditions. 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 use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities and tree recompense and landscape requirements. CONCLUSION The proposed 29 lot single family subdivision, if developed with the recommended conditions, is consistent with the GA400/SR 9 LCI Planning Study s suggestion for Transition. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ12-16 to rezone from AG-1(Agricultural) to NUP (Neighborhood Unit Plan). Staff recommends DENIAL of VC12-16, Part 1, along the east property line and APPROVAL CONDITIONAL along the south and north property lines. In addition, Staff recommends DENIAL of VC12-16, Part 2. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 21 of 24 RZ12-16/VC12-06

22 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be NUP (Neighborhood Unit Plan) 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) Single family detached dwellings and accessory uses and structures. b) No more than 29 total dwelling units at a maximum density of 4.18 units per acre, whichever is less, based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of the City of Milton. The total lot/unit yield of the subject site shall be determined by this final engineering. 2) To the owner s agreement to abide by the following: a) To the site plan received by the Community Development Department on November 6, Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) All areas which are not part of an individual lot and held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of Community Development for review and approval prior to the recording of the first final plat. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 22 of 24 RZ12-16/VC12-06

23 3) To the owner s agreement to the following site development considerations: a) The minimum lot size - 5,000 square feet b) Minimum lot width (at building line) 52 feet c) Minimum heated floor area per unit 2,000 square feet d) Minimum perimeter setback along the south property line 7 feet (VC12-16, Part 1) e) Minimum perimeter setback along the north property line 25 feet (VC12-16, Part 1) f) Front yard setback 10 feet g) Side yard setback 0-7 feet with 14 feet minimum between structures h) Side yard setback adjacent to a street 7 feet i) Rear yard- 15 feet j) Lots numbered 20 through 29 on the site plan submitted November 6, 2012 shall be rear loaded, alley access lots. k) Construct sidewalks for both sides of streets for the entire development per City Code Chapter 50, Subdivisions 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 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while right-of-way is being improved. 1) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. ii. Provide pedestrian improvements along entire property frontage or abutting road improvements, whichever is greater, according to cross sections in Chapter 50 Subdivision Regulations of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc ) shall tie to the existing facilities on adjacent Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 23 of 24 RZ12-16/VC12-06

24 properties as required by the City of Milton Public Works Department. iii. Installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on Hopewell Rd at new access drive 2) SB Left Turn Lane on Hopewell Rd at new access drive 5) To the owner s agreement to abide by the following: a. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Where side slopes for stormwater management facility are steeper than 4:1 the facility shall have a six foot high, fiveboard equestrian style fence with two inch by four inch welded wire constructed around it, or equivalent as may be approved by the City of Milton Public Works Department. b. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, /13/2012 Page 24 of 24 RZ12-16/VC12-06

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43 RZ12-17/U12-02/VC12-08 NE CORNER OF BETHANY BEND AND COGBURN ROAD After further evaluation of the request, it was determined by Staff that the request for TR (Townhouse) residential is not the appropriate district based on the maximum density of 9 units per acre. The proposed development is over 12 units per acre. In addition, the applicant has also requested a deferral in order to continue deliberations with the adjacent and nearby property owners. Thus, the reason there is not a Staff report published for this agenda. A public hearing will be conducted at this meeting, if the public so chooses to participate. Staff will be meeting with the applicant and his legal representative to determine what appropriate and legal zoning district should be requested. This item will be presented, along with a Staff report, to the Planning Commission at its January 22, 2013 meeting.

44 City of Milton Deerfield Parkway, Suite 107 Milton, GA To: From: City of Milton Planning Commission Robyn MacDonald Date: December 12, 2012 Re: RZ12-18 To amend Chapter 64, Article VI, Division 2, AG-1 (Agricultural District) as it pertains to fencing. RZ To amend Chapter 64, Article II, Division 8, as it pertains to fencing and walls. The Mayor and City Council approved changes to the AG-1 (Agricultural) district regarding fencing at their March 19, 2012 meeting. These were in conjunction with amending regulations for barns in AG-1 (Agricultural) districts. Since that time, it has come to the attention of the Council that the new fencing requirements may not be appropriate for all properties in AG-1 (Agricultural). Staff was directed by Council to research how the Zoning Ordinance could be amended to allow other types of fences, other than equestrian type of fencing along roadways but still keep the overall feel of the equestrian/rural nature of the City. RZ12-18 This text amendment only applies to properties zoned AG-1 (Agricultural). Within this text amendment, the goal was to allow other types of fencing (including opaque fencing) on the interior of platted subdivisions. But when those lots abut exterior streets such as Birmingham, Hopewell, and Freemanville Roads they will be required to provide the three or four board equestrian type fence. During the next cycle, Staff will initiate a new text amendment to create a definition for exterior streets which would be any street not located within a residential subdivision. Staff has also contemplated that lots may want to have a privacy or non-equestrian fence along their rear or side property lines, in which case they would be required to plant a visual buffer so as the fence could not be seen from the public street throughout the year. RZ12-19 This text amendment applies to all zoning districts within the City. Within this text amendment, the goal was to clean up the general requirements for fencing such as prohibiting the use of chain link fencing along right-of-ways, architectural treatment of poured concrete, and clarifying the maximum height of fences and walls.

45 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Sec Scope and intent. The regulations set forth in this division are the AG-1 district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permit. The AG-1 district is intended to encompass lands devoted to a wide range of uses, including: (1) Individual parcels devoted to residential use; (2) Single-family subdivisions; (3) Agricultural; and (4) Closely related uses. (Ord. No , 1, ) Sec Use regulations. (a) Permitted uses. A building or property may be used for only the following purposes: (1) Single-family dwelling. (2) Agriculture, general and specialized farming, including: horticulture, plant nursery, greenhouse, dairy farming, livestock raising and poultry raising; provided, however, that buildings used for housing animals must be at least 100 feet from all property lines. (3) Roadside stand for the sale of agricultural products produced on the property. (4) a. For property with a single-family dwelling being the principal use, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property. 2. For property without a single-family dwelling being the principal use, and containing less than five acres, structures housing livestock, which may be located in the front, rear, or side yards, provided that the structure must be located at least 100 feet from all property lines and at least 150 feet from any occupied structure located on any other property, and provided also that a use permit must first be approved by the city council. (5) a. For property with a single-family dwelling being the principal use, an uncovered riding area, which may be located in the front, rear, or side yards. b. 1. For property without a single-family dwelling being the principal use, and containing five or more acres, an uncovered riding area, which may be located in the front, rear, or side yards. Page 1 of 4 RZ12-18 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

46 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT 2. For property without a single-family dwelling being the principal use, and containing less than five acres, provided that a use permit must first be approved by the city council. (6) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a lighted, uncovered riding area and/or an uncovered riding area with designated seating structures for viewing which may be located in the front, rear, or side yards and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (7) For property with or without a single-family dwelling being the principal use, and containing five or more acres, a covered riding area, which may be located in the front, rear, or side yards provided that the covered riding area and must be located at least 100 feet from all property lines, provided that a use permit must first be approved by the city council. This use shall not be permitted for property containing less than five acres. (8) For property with or without a single-family dwelling being the principal use, and containing ten or more acres, a lighted, covered riding area and/or a covered riding area with designated seating structures for viewing, which may be located in the front, rear, or side yards, provided that the covered riding area, lighted riding area and/or designated seating structures for viewing riding areas must be located at least 100 feet from all property lines, and further provide that a use permit must first be approved. This use shall not be permitted for property containing less than ten acres. (9) Kennel, veterinary hospital or veterinary clinic; provided buildings housing animals are fully enclosed and at least 100 feet from all property lines and pens, runs, etc., which are not located in a fully-enclosed building are at least 200 feet from all property lines. (b) Accessory uses. A building or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (Ord. No , 1, ) Sec Development standards. (a) No building shall exceed 40 feet in height. (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 25 feet. (2) Adjacent to street: 40 feet. (d) Minimum rear yard shall be 50 feet. (e) Minimum lot area shall be as follows: (f) (1) One acre with frontage on paved road. (2) Three acres with frontage on unpaved road. Minimum lot width shall be 100 feet. Page 2 of 4 RZ12-18 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

47 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES DIVISION 2. - AG-1 AGRICULTURAL DISTRICT (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area. There is no minimum heated floor area in this district. (i) (j) (k) (l) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards but shall not be located within a minimum yard. Fencing along public streets shall be as follows: (1) Allowed fencing material shall be three or four board wooden fencing with wood posts. (2) Fences shall not exceed 55 inches from finished grade. (3) Fences shall be white, black, or dark brown in color. (4) Opaque fences are prohibited. (5) Chain link fences are prohibited. (56) Fences shall be set back a minimum of three feet from a public right-of-way. Notwithstanding the requirements of subsection (j) above, fences located on lots in a platted subdivision are not required to comply with subsection (j)(1-4), above, unless the fence is located along a lot line that is adjacent to an exterior street, in which case the requirements of subsection (j) all apply. In addition, fences within a platted subdivision may be up to 8 feet in height, unless the lot line is also adjacent to an exterior street, in which case the requirements of subsection (j) all apply. (1) If the side or rear yard is adjacent to an exterior street, an opaque fence may be installed as long as it is not visible from the street at any time of the year. Barbed wire is prohibited on any single family residential lots. (m) (l) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, section V of the city Code (subdivision regulations). Chapter 50, section V, conservation subdivision is currently reserved. (Ord. No , 1, ) Comment [r1]: Staff will provide a new definition for exterior street in the next zoning cycle. It would be something like, Any street not located within a residential subdivision Sec Other regulations. The following headings contain provisions applicable to the AG-1 district: (1) Development regulations: Article XVII of this zoning ordinance. (2) Exceptions: Article II, division 3 of this zoning ordinance. (3) Floodplain management: Article IV of this zoning ordinance. (4) Off-street parking and loading: Article VIII of this zoning ordinance. (5) Outside storage: Article II, division 2 of this zoning ordinance. (6) Landscape area and buffer regulations: Article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A et seq. (8) Signs: Article XVI. (Ord. No , 1, ) Page 3 of 4 RZ12-18 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

48 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE VI. - ZONING TEXT, DISTRICT CLASSIFICATIONS AND BOUNDARIES Secs Reserved. DIVISION 2. - AG-1 AGRICULTURAL DISTRICT Page 4 of 4 RZ12-18 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

49 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Sec Architectural treatment of common aggregate block. Whenever visible from a public street in all except the AG-1 and industrial districts, and whenever adjoining a residential zoning district in all districts, the exterior of all common aggregate blocks shall be provided with an architectural treatment such as stucco, stone, brick, wood or an alternate treatment approved by the director of the community development department. Split rib and marble aggregate block shall not be deemed to be common aggregate block. Sec Fence and wall specifications; exemptions. Fences and walls which conform to the provisions stated herein shall be permitted by the community development department. Fences erected for agricultural purposes in the AG-1 district shall be exempt from permit requirements. (1) Visibility triangle. Fences, walls and vegetative materials used in association therewith must not obstruct the minimum sight distance requirements which are specified in the city subdivision regulations (chapter 50) administered by the director of the community development department. (2) Gates. No part of a gate shall be located within 20 feet of a public right-of-way, nor shall any gate or vehicle in any way obstruct a public right-of-way or the minimum sight distance specified in the subdivision regulations regardless of whether open, closed or in an intermediate position. (3) Maintenance of required landscape areas. Landscape areas or strips required pursuant to this section shall be maintained in accordance with the requirements of the tree preservation ordinance (article III of this zoning ordinance). (4) Fence and wall materials. Where this zoning ordinance or zoning conditions require fences and walls to be solid/opaque, the visual density of the fence shall be such that it cannot be seen through. The following standards shall apply to fences and walls: a. Adjoining right-of-way. In all zoning districts except AG-1, M-1, M-1A, and M-2, wire and plastic fencing materials, including chainlink fencing with plastic or wooden inserts, shall not be used adjoining a street right-of-way. This provision shall not preclude the use of chainlinkchain link fencing as a security fence around stormwater facilities. The architectural treatment of poured concrete, common aggregate block or concrete block walls shall be approved by the director of the community development department. This provision shall not preclude the use of chainlink fencing as a security fence around stormwater facilities. b. Fences along all property lines. Walls and fences constructed along all property lines shall be constructed with a finished side toward the neighboring property. c. Barbed wire. Barbed wire may be used in the AG-1 district as long as its use is associated with a legitimate agricultural pursuit. Barbed wire shall not be approved for any singlefamily dwelling lots, including such lots which are located in the AG-1 district. Barbed wire Page 1 of 5 RZ12-19 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

50 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS may be used for security strands in all but single-family dwelling districts at a height of at least six feet above grade. d. Minimum landscape requirements. A minimum three-foot landscape strip shall be provided between a fence or wall and a public right-of-way. (5) Height. Fences and walls shall not exceed a height of eight feet from grade in residential districts, except along exterior streets including where specifically allowed in the AG-1 district. Column and ornament heights are permitted to exceed the maximum fence/wall height up to three feet. (6) Setback. Fences and walls shall be set back a minimum of three feet from a public right-of-way. Comment [r1]: Staff will provide a new definition for exterior street in the next zoning cycle. It would be something like, Any street not located within a residential subdivision Sec Home occupation permitted as accessory use; limitations. A home occupation is permitted as an accessory use of a dwelling unit in any zoning district and its operation and employees are limited to members of the resident family only. The following are limitations on home occupations: (1) The smaller of 25 percent or 750 square feet of the gross floor area of a dwelling unit may be used for activities devoted to the home occupation. (2) Accessory buildings and structures may not be used for the home occupation. (3) There shall be no signs identifying the home occupation, nor shall there be any storage, display or activity associated with the home occupation visible outside the structure. (4) The following uses are excluded: a. Auto repair or similar operations; b. Restaurants; c. Keeping of animals; d. Funeral homes; e. Retail or wholesale shops; f. Motel type establishments; g. Taxi services; or h. Any other occupation found incompatible with the intent of this zoning ordinance. (5) Resident participants in a home occupation must have the appropriate occupational licensing, including business licenses. (6) No home occupation shall generate traffic, sound, smell, vibration, light, or dust that is offensive. (7) No more than two clients or patrons are allowed on the premises at the same time in conjunction with the home occupation (except for persons in care at a family day care home, where no more than six clients are allowed). (8) Vehicles kept on site in association with the home occupation shall be used by residents only. Page 2 of 5 RZ12-19 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

51 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS (9) The transporting of goods by truck is prohibited. Incoming vehicles related to the home occupation shall be parked off-street within the confines of the residential driveway or other onsite permitted parking. (10) Home occupations must exclude the use of instruments, machinery or equipment that emit sounds (i.e., musical instruments, sewing machines, saws, drills) that are detectable beyond the unit. (11) Family day care homes are prohibited within multifamily dwelling units. (12) Family day care homes shall provide outdoor play areas as required by state law, but such areas shall be limited to side or rear yards outside the minimum yard area, and shall not occupy any yard adjoining a street. (13) Family day care homes shall be located at least 1,000 feet in all directions from any other such use operated as a home occupation. (14) Family day care home hours of operation shall be limited to Monday through Saturday from 6:00 a.m. to 7:00 p.m. (15) Family day care home operators shall have a current, certified copy of the operator's state family day care home registration which shall be filed with the business license application and renewals. (16) No home occupation shall be operated so as to create or cause a nuisance. Sec Outparcel development. Outparcel development permitted as a condition of zoning approval and identified on a site plan shall comply with the following standards: (1) The total floor area for outparcels shall be included in the total floor area allowed for the larger parcel. (2) Access for outparcels shall be from internal drives with no direct access to public roads. (3) Each outparcel abutting a public right-of-way shall have a minimum of 200 feet of frontage on that public right-of-way. (4) Internal entrance drives shall be located at least 100 feet from any publicly dedicated right-ofway. Sec Noise. The city site acceptability noise standards shall apply to all newly proposed residential and special uses described herein. City of Milton, Georgia Site Acceptability Noise Standards* Page 3 of 5 RZ12-19 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

52 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS Noise Classification Day-Night Average Sound Levels (in Decibels) Requirements and Restrictions Acceptable Up to Noise study report per section No Restrictions. Normally Unacceptable Noise study report per section Sound attenuation plan. Unacceptable 76 and up 1. Noise study report per section Residentially zoned/used developments are prohibited. *Reference Title 24, Housing & Urban Development, Part 51-Environmental Criteria and Standards, Subpart B Noise Abatement and Control, Section Criteria and Standards (c) Exterior standards. (1) New residential development proposed within five miles of the Hartsfield-Jackson International Airport boundary shall be in compliance with the city site acceptability noise standards. (2) No residential dwelling shall be occupied if the interior day-night average sound level is 50 dba or higher. (3) Any existing legal residential lot of record that does not change use or zoning classification is exempt from the requirements of this section. Sec Landfills, transfer stations, quarries and surface mining sites. (a) No portion of a new proposed residentially zoned or used property shall be located within a one-mile radius of the property lines of an existing active landfill. (b) No portion of a new proposed residentially zoned or used property shall be located within a one-mile radius of the property lines of an existing active transfer station. (c) No portion of a new proposed residentially zoned or used property shall be located within a 1½-mile radius of the property lines of an existing active quarry. Page 4 of 5 RZ12-19 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012

53 - THE CODE OF THE CITY OF MILTON, GEORGIA Chapter 64 - ZONING ARTICLE II. - GENERAL PROVISIONS DIVISION 8. - ADDITIONAL PROVISIONS (d) No portion of a new proposed residentially zoned or used property shall be located within a 500 -foot radius of the property lines of an existing active surface mining site. Surface mining is defined as specified in O.C.G.A (e) Any existing legal residential lot of record located within the radius requirements of subsections (a) through (d) of this section that does not change use or zoning classification is exempt from the requirements of this section. (f) Reference maps entitled "2005Z-0108 Environmental Standards for Unincorporated North Fulton" and "2005Z-0108 Environmental Standards for Unincorporated South Fulton" located online in the Fulton County GIS Map Catalog for locations of active landfills, transfer stations, quarries and surface mining sites. (g) Any owner of property located within a one-mile radius of the property lines of an existing active landfill or existing active transfer station or within a 1½-mile radius of the property line of an existing active quarry shall, prior to the sale or transfer of said property, notify and disclose in writing the existence of the landfill, transfer station, or quarry to the potential owner or transferee. Sec Endangered species. Areas of confirmed, state department of natural resources listed, endangered plant and animal species throughout the city shall comply with the Federal Endangered Species Act of Secs Reserved. Page 5 of 5 RZ12-19 Text Amendment prepared for the Planning Commission Meeting on December 19, 2012