DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT

Transcription

1 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT Sec Scope and intent. Sec Use regulations. Sec Development plan. Sec Development standards. Sec Other regulations. Secs Reserved. Sec Scope and intent. (a) The regulations in this division are the CUP District regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The CUP district identifies land areas for a variety of housing types within a planned community setting. (b) The CUP district is intended to: (1) Encourage the development of large tracts of land as planned communities. (2) Encourage flexible and creative concepts in site planning. (3) Preserve the natural amenities of the land by encouraging scenic and functional open areas. (4) Provide for an efficient use of land. (5) Provide a stable residential environment compatible with surrounding residential areas. (6) Protect neighboring properties by requiring larger peripheral lots adjacent to larger lot developments. Sec Use regulations. Within the CUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by an administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Two-family dwelling. c. Triplex. d. Quadruplex. e. Townhouse. f. Multifamily residential. g. Day care facility located in a multifamily or community building, or place of worship. h. Golf, country club, pool and recreation court. i. Community facilities. RZ14-05 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 1 of 3 6/20/2014

2 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT j. Place of worship. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for CUP rezoning requests. (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development-related permits. (f) The location of all use areas shall be shown on the development plan, and the location on the ground shall be as shown on the development plan. Sec Development standards. (a) Height regulations. No single-family residential dwellings or accessory structures shall exceed 40 feet in height. The height of all other structures are as approved per the conditions of zoning. (b) Minimum land area per unit shall be as specified in conditions. (c) Minimum lot area per unit shall be as specified in conditions. (d) Minimum CUP size shall be ten contiguous acres. (e) Maximum density shall be as follows: (f) (1) Single-family dwelling: 5.0 units per gross acre. (2) Multifamily dwelling: 9.0 units per gross acre. Minimum lot width. There shall be none, unless specified in conditions. (g) Minimum CUP development frontage shall be 35 feet. (h) Minimum lot frontage shall be 20 feet adjoining a street. (i) (j) Minimum heated floor area per unit shall be as specified in conditions. Minimum perimeter setback (entire CUP development) shall be as specified in conditions. (k) Minimum interior setbacks (single-family lots): (1) Minimum front yard shall be as specified in conditions. RZ14-05 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 2 of 3 6/20/2014

3 DIVISION 23. CUP COMMUNITY UNIT PLAN DISTRICT (l) (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. Minimum accessory structure requirements: (1) Single-family and two-family uses. Accessory structures may be located within the side or rear yards subject to perimeter and minimum yard setbacks. (2) Multifamily uses. Accessory structures may be located in the rear yard only but shall not be located within a minimum yard. (m) Minimum building separation (more than one dwelling per lot). All building separations shall be as specified by the city's building code. (n) Other minimum standards. (1) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwelling units within a single building shall have the same front setback or roof line. (2) Common outdoor area consisting of not less than 550 square feet per unit shall be provided for recreation in all developments of 20 or more acres. (3) Land area proposed for open space or recreation shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total CUP population so that acreage devoted to open space is reasonably accessible to all residents. (4) Multifamily uses shall not be located along the perimeter except adjacent to or across a street from an existing multifamily or more intense use. (5) Agreements, covenants, declarations and other contracts which govern the use, maintenance, and protection of a CUP development among its owners areas shall be part of the official zoning file, and changes thereto shall have no force and effect until a copy has been provided to the director of the community development department. (6) Multifamily units shall not exceed 25 percent of the total number of dwelling units in a CUP. Sec Other regulations. The following headings contain some additional, but not all, provisions applicable to the CUP 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 of the TR, A or A-L district shall apply, as corresponding: article III of this zoning ordinance. (7) River protection: Metropolitan River Protection Act, O.C.G.A et seq. (8) Signs: article XVI of this zoning ordinance. Secs Reserved. RZ14-05 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 3 of 3 6/20/2014

4 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT Sec Scope and intent. Sec Use regulations. Sec Development plan. Sec Development standards. Sec Other regulations. Secs Reserved. Sec Scope and intent. (a) The regulations set forth in this division are the NUP district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The NUP district is intended to provide land areas devoted to low to medium density single-family residential uses of five or fewer units per acre consistent with the densities ranges suggested on the comprehensive plan land use map. The NUP district is intended to encourage: (1) The development of medium sized tracts of land as planned neighborhoods or the development of vacant parcels of land with transitional densities in builtup areas; (2) The preservation of trees and vegetation; and (3) Innovative site planning. (b) Land proposed for a NUP shall comply with the following standards: (1) Provide a density that is consistent with the plan densities and surrounding properties. (2) Protect neighboring properties by requiring peripheral setbacks and development standards compatible with adjacent developments as required by the district standards and the conditions of zoning. Sec Use regulations. Within the NUP district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Recreation facilities associated with single-family development. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec Development plan. (a) The development plan shall be the zoning control document for features depicted graphically. The site plan requirement applicable to rezoning requests shall be adhered to for NUP rezoning requests. RZ14-06 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 1 of 3 6/20/2014

5 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN DISTRICT (b) Administrative guidelines for preparing site plans are available from the director of the community development department. (c) A site plan shall become the development plan if the request to rezone is approved without changes or additions. (d) If the approval by the board differs in any way from what is depicted on the site plan submitted for the purpose of seeking rezoning, a revised plan must be certified by the community development department before development related permits may be issued. (e) A site plan or development plan shall not substitute for plans which are required as a prerequisite for applying for development related permits. (f) The location of all use areas shall be shown on the development plan, and location on the ground shall be as shown on the development plan. Sec Development standards. (a) Height regulations. No building shall exceed 40 feet in height. (b) Minimum lot area per unit shall be 4,000 square feet. (c) NUP size shall be as follows: (1) Minimum four contiguous acres. (2) Maximum 12 contiguous acres (d) Maximum density shall be 5.0 units per gross acre. (e) Minimum lot width. The shall be none unless specified in conditions. (f) Minimum development frontage shall be 35 feet. (g) Minimum lot frontage shall be 20 feet adjoining a street. (h) Minimum heated floor area per unit shall be 1,000 square feet detached. (i) (j) Minimum perimeter setback for the entire NUP development. When adjacent to single-family zoning/use or AG-1 zoned property, a 40-foot setback shall be provided around the periphery of the development including access drives serving more than one lot, principal and accessory structures and swimming pools. Other yard improvements and access/utility crossings are permitted. Minimum interior setbacks: (1) Minimum front yard shall be as specified in conditions. (2) Minimum side yard shall be as specified in conditions. (3) Minimum rear yard shall be as specified in conditions. (k) Minimum interior building separations. To place a building along an interior side lot line at between zero and seven feet shall require an encroachment and maintenance easement allowing a minimum of seven feet of access to such buildings. A minimum building separation of 14 feet shall be maintained. (l) Minimum accessory structure requirements. Accessory structures may be located in rear or side yards, but shall not be located within a minimum rear yard except that detached garages may locate along a rear lot line at between zero and seven feet with an encroachment and maintenance easement allowing a minimum of seven feet of access to the garage. Sec Other regulations. The following headings contain some additional, but not all, provisions applicable to the NUP district: RZ14-06 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 2 of 3 6/20/2014

6 DIVISION 24. NUP NEIGHBORHOOD UNIT PLAN 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 of the TR district shall apply to townhouse development: article III of this zoning ordinance. (7) River protection. Metropolitan River Protection Act, O.C.G.A et seq. (8) Signs: article XVI of this zoning ordinance. Secs Reserved. RZ14-06 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 3 of 3 6/20/2014

7 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT Sec Scope and intent. Sec Use regulations. Sec Development standards. Sec TR district subdivision. Sec Other regulations. Secs Reserved. Sec Scope and intent. The regulations set forth in this division are the TR district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The TR district is intended to provide land areas devoted to medium high density uses consisting of singlefamily and multifamily dwellings. Land areas zoned TR are further intended to provide a transition between low medium density and higher density residential areas or between lowhigh density residential and nonresidential areas. The TR district is intended to: (1) Encourage the provision of usable open space and recreation areas as part of a living environment. (2) Be located primarily in areas near or adjacent to single-family areas. (3) Be located so as to provide a transition between single-family areas and nonresidential areas. (4) Be located near retail shopping and major thoroughfares. (5) Encourage homeownership. Sec Use regulations. Within the TR district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. a.b. Two-family dwelling. Duplex b.c. Triplex. c.d. Quadruplex. d.e. Townhouse. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. RZ14-07 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 1 of 3 6/20/2014

8 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT Sec Development standards. (a) Height regulations. No building shall exceed 40 feet in height.there shall be a maximum height limit of three stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (b) Minimum lot area or land area per unit shall be 2,000 square feet. (c) Maximum density shall be nine units per gross acre. (d) Minimum lot width shall be 2025 feet. (e) Minimum TR development frontage shall be 35 feet. (f) Minimum lot frontage shall be 20 feet adjoining a street, except up to 35 feet may be required whenever the director of public works requires the extra width to protect catchbasins. (g) Minimum heated floor area per unit shall be 1,1001,800 square feet. (h) Minimum perimeter setbacks for the entire TR development shall be as follows: (1) Minimum front yard: 40 feet. (2) Minimum side yard. a. Adjacent to interior line: 30 feet. b. Adjacent to street: 40 feet. (3) Minimum rear yard: 35 feet. (i) Minimum interior setbacks when one building per lot shall be as follows: (ji) (1) Minimum front yard: 20 feet from right-of-way. (2) Minimum side yard. a. Seven feet adjacent to interior lot line, except that up to a seven-foot encroachment and maintenance easement may be provided on adjacent parcels, in combination with or in lieu of a side yard, such that a minimum building separation of 14 feet is maintained. b. Zero if units are attached, for example, townhouses on separate lots of record. c. Adjacent to street: 15 feet. (3) Minimum rear yard: 25 feet. Minimum accessory structure requirements. Single-family and two-family uses. Accessory structures may be located in the rear and side yards only but shall not be located within a minimum yard. Townhouse accessory structures may be located within the side or rear yards only but not within minimum perimeter setbacks or minimum yards. (kj) Maximum lot coverage. The area of the footprint of all buildings and parking shall not exceed 50 percent of the total land area. (k) Required open space or recreational facilities. For each unit, a minimum of 1,000 square feet shall be required within the development. (l) Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. (m) Other minimum standards shall be as follows: (1) No more than 206 dwelling units shall form a single building. (2) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwellings within a single building shall have the same front setback or roof line. RZ14-07 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 2 of 3 6/20/2014

9 DIVISION 13. TR TOWNHOUSE RESIDENTIAL DISTRICT (3) A minimum of 80% of common wall shall be contiguous with each adjoining unit. (4) When units adjoin an exterior street: i.) they shall provide rear loaded vehicular access and; ii.) the front façade shall face the exterior street of the development. (5) Each unit shall provide two off street parking spaces. Sec TR district subdivision. In the TR zoning district, dwellings proposed to be sold with the lot upon which the dwelling is located shall comply with the subdivision regulations of the city. Sec Other regulations. The following headings contain provisions applicable to the TR 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 of this zoning ordinance. Secs Reserved. RZ14-07 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 3 of 3 6/20/2014

10 DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT DIVISION 4. R-2RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT Sec Scope and intent. Sec Use regulations. Sec Development standards. Sec Other regulations. Secs Reserved. Sec Scope and intent. The regulations set forth in this division are the R-2Rural Residential district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative or use permits. The R-2Rural Residential district is intended to provide land areas devoted to very low density residential uses. It is also intended to: (1) Preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, preservation of trees and vegetation; (2) To be aware and respectful of the environment s natural resources and visual qualities; (3) To preserve trees and open space through innovative site planning.. The district also provides for closely related uses. (4) To encourage inter-parcel access to adjacent propertises and provide interior block structure circulation within the development. Sec Use regulations. Within the Rural Residential R-2 district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as permitted shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. (3) Retail and service uses, and clubs accessory to recreation facilities are allowed subject to the following conditions: a. Accessory retail and service uses shall be located wholly within a building with a majority of the floor area designed for recreation uses. No outdoor advertising is allowed. RZ14-08 Text Amendment prepared for the City of Milton Planning Commission Meeting on May 28, 2014 Page 1 of 3 6/20/2014

11 DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT b. Retail and service uses shall be limited to convenience retail and service establishments such as pro shops and personal services. Restaurants accessory to a club are allowed. Sec Development standards. (a) Height regulations. No building shall exceed 40 feet in height. There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (b) Minimum lot area per unit shall be one acre. (c) Minimum lot width shall be 150 feet. (d) Minimum Rural Residential development frontage shall be 35 feet. (e) Minimum lot frontage shall be 35 feet adjoining a street. (f) Minimum heated floor area per unit shall be as specified in conditions. (g) Minimum perimeter setback (entire Rural Residential development) shall be 50 feet not including exterior road frontages. (h) Minimum 40 foot undisturbed buffer and an additional 20 foot no improvement setback for single family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the City Arborist, Submit landscape plan to Arborist for the preservation of the rural view shed. (i) (j) For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be designed with 360 degree architecture and shall meet the intent of Section Minimum interior setbacks: (1) Minimum front yard shall be a minimum of 20 feet and a maximum of 50 feet. (2) Minimum side yard shall not exceed 50 feet between primary structures and not less than 10 feet from the property line. (3) Minimum side yard adjacent to a street shall be a minimum of 30 feet. (3) Minimum rear yard shall be a minimum of 40 feet. (k) Lot coverage shall not exceed twenty percent (20%) (b) Minimum front yard shall be 60 feet. (c) Minimum side yard shall be as follows: (1) Adjacent to interior line: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be one acre. (f) Minimum lot width shall be 150 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: (1) For less than two-story dwelling: 1,600 square feet on ground level; (2) For two-story dwelling: 1,800 square feet; or RZ14-08 Text Amendment prepared for the City of Milton Planning Commission Meeting on May 28, 2014 Page 2 of 3 6/20/2014

12 DIVISION 4. R-2 RURAL RESIDENTIAL (RR) - SINGLE-FAMILY DWELLING DISTRICT (i) (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. (n) Other minimum standards. (1) Open space or recreational facilities consisting of not less than 550 square feet per unit shall be provided for in all developments of 10 acres to 20 acres. (2) Open space or recreational facilities consisting of not less than 1,000 square feet per unit shall be provided in all developments of more than 20 acres. (3) Land area proposed for the open space or recreational facilities shall be allocated among the use areas in proportion to the ratio of a neighborhood population to the total Rural Residential district population so that acreage devoted to open space is reasonably accessible to all residents. Size and location of open space or recreational facilities shall be approved by the community development director. (4) Provide area(s) for a covered ganged mail box kiosk and shall be consistent with overall architectural style of the community. (j) Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec Other regulations. The following headings contain provisions applicable to the R-2 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 of this zoning ordinance. Secs Reserved. RZ14-08 Text Amendment prepared for the City of Milton Planning Commission Meeting on May 28, 2014 Page 3 of 3 6/20/2014

13 COMPARISON CHART BETWEEN AG-1 AND RR DISTRICTS Development Standard AG-1 District (Existing) RR District (Proposed) Rural Milton Overlay (If applicable) Height 40 feet 2 stories, 28 feet 2 stories, 28 feet Minimum Lot Area 1 acre 1 acre Minimum lot width at 100 feet 150 feet building line Minimum development none 50 feet frontage Minimum lot frontage 35 feet 35 feet Minimum heated floor none Proposed by applicant area Minimum perimeter setback none 50 feet, not including road frontages Minimum front yard 60 feet Min 20 feet and Max 50 feet Minimum side yard 25 feet 50 feet between structures and not less than 10 feet from property line Minimum side yard 40 feet 30 feet adjacent to a street Minimum rear yard 50 feet 40 feet Lot coverage none 20% 20% Open space or recreational facilities 10 to 20 acres None 550 square feet per unit Open space or recreational facilities more than 20 acres None 1,000 square feet per acre Ganged Mailboxes None Yes Yes Rural Viewshed None Yes, 40 foot undisturbed and 20 foot no improvement setback along exterior roads Architectural Review None Yes, for lots adjacent to exterior streets Yes, 40 foot undisturbed and 20 foot no improvement setback along exterior roads Yes, for lots adjacent to exterior streets

14 DIVISION 5. R-2A SINGLE-FAMILY DWELLING DISTRICT DIVISION 5. R-2A SINGLE-FAMILY DWELLING DISTRICT Sec Scope and intent. Sec Use regulations. Sec Development standards. Sec Other regulations. Secs Reserved. Sec Scope and intent. Regulations set forth in this subdivision are the R-2A district regulations. Article IX should be consulted to determine uses and minimum standards for uses allowed by administrative permit or use permit. The R-2A district is intended to provide land areas devoted to low density residential uses. The district also provides for closely related uses. Sec Use regulations. Within the R-2A district, land and structures shall be used in accordance with standards herein. Any use not specifically designated as a permitted use in this section or as a use allowed by administrative permit or use permit shall be prohibited. (1) Permitted uses. Structures and land may be used for only the following purposes: a. Single-family dwelling. b. Agriculture, general and specialized farming, initiated prior to March 7, 1990, including horticulture, plant nursery, dairy farming, truck gardening and poultry raising; provided, however, that agricultural buildings must be at least 200 feet from all side and rear property lines, and that no products shall be offered for sale on land so utilized. (2) Accessory uses. A structure or land may be used for uses customarily incidental to any permitted use and a dwelling may be used for a home occupation. Sec Development standards. (a) Height regulations. 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: 15 feet. (2) Adjacent to street: 30 feet. (d) Minimum rear yard shall be 40 feet. (e) Minimum lot area shall be 27,000 square feet. (f) Minimum lot width shall be 120 feet. (g) Minimum lot frontage shall be 35 feet adjoining a street. (h) Minimum heated floor area shall be as follows: RZ14-09 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 1 of 2 6/20/2014

15 DIVISION 5. R-2A SINGLE-FAMILY DWELLING DISTRICT (i) (j) (1) For less than two-story dwelling: 17,000 square feet on ground floor; (2) For two-story dwelling: 1,800 square feet; or (3) For more than two-story dwelling: 1,800 square feet with 1,050 square feet on ground floor. Minimum accessory structure requirements. Accessory structures may be located in the rear or side yards only but shall not be located within a minimum yard. Conservation subdivision. The development standards of a conservation subdivision shall be in accordance with chapter 50, article V (subdivision regulations). Chapter 50, article V, conservation subdivision, is currently reserved. Sec Other regulations. The following headings contain provisions applicable to the R-2A 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 of this zoning ordinance. Secs Reserved. RZ14-09 Text Amendment prepared for the City of Milton Planning Commission Meeting on June 25, 2014 Page 2 of 2 6/20/2014

16 PROPERTY INFORMATION ADDRESS DISTRICT, LAND LOT 2/ , 13943, Hwy 9 (East Side) OVERLAY DISTRICT State Route 9 and Deerfield/Highway 9 Form-Based Code EXISTING ZONING O-I (Office Institutional) RZ07-10 PROPOSED ZONING O-I (Office Institutional) ACRES 5.3 EXISTING USE Undeveloped and Vacant Single Family Residential PROPOSED USE Assisted Living/Memory Care Facility (86 Units) PETITIONER Phoenix Senior Living, LLC Jesse Marinko ADDRESS 114 Townpark Drive, Suite 400 Kennesaw, GA OWNER ARG QUALITY PROPERTIES ADDRESS 3630 Peachtree Road, Suite 1050 Atlanta, GA INTENT To rezone from O-I (Office-Institutional) to O-I (Office-Institutional) to develop a 74,000 square foot assisted living/memory care facility (86 units) and a concurrent variance to increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec (m)) COMMUNITY DEVELOPMENT RECOMMENDATION JUNE 25, 2014 RZ14-10 APPROVAL CONDITIONAL VC14-01 APPROVAL CONDITIONAL 6/20/2014 Page 1 of 27

17 LOCATION MAP 6/20/2014 Page 2 of 27

18 CURRENT ZONING MAP 6/20/2014 Page 3 of 27

19 T5 CURRENT FORM-BASED OVERLAY DISTRICT MAP 6/20/2014 Page 4 of 27

20 FUTURE LAND USE PLAN MAP 6/20/2014 Page 5 of 27

21 HWY 9 NORTH VISIONING STUDY AREA 6/20/2014 Page 6 of 27

22 Revised Site Plan Submitted on June 18, /20/2014 Page 7 of 27

23 SUBJECT SITE VIEW FACING NORTHEAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT, HWY 9 FAR LEFT/BOTTOM SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE LEFT, CVS PHARMACY RIGHT 6/20/2014 Page 8 of 27

24 SUBJECT SITE VIEW FACING EAST ALONG HWY 9. SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUBJECT SITE LEFT, HWY 9 RIGHT 6/20/2014 Page 9 of 27

25 SUBJECT SITE VIEW FACING SOUTHEAST ALONG HWY 9. SUPERIOR INDOOR COMFORT, INC LEFT, SUBJECT SITE CENTER/RIGHT AND HWY 9 RIGHT/BOTTOM VIEW ACROSS THE STREET FROM SUBJECT SITE FACING SOUTHWEST ALONG HWY 9 6/20/2014 Page 10 of 27

26 VIEW ACROSS THE STREET FROM SUBJECT SITE FACING NORTHWEST ALONG HWY 9 6/20/2014 Page 11 of 27

27 6/20/2014 Page 12 of 27

28 EXISTING USES AND ZONING OF NEARBY PROPERTY 6/20/2014 Page 13 of 27

29 Location Parcel / Zoning Petition South 1 RZ ( ) West 2 RZ ( ) West 3 AG-1 North 4 RZ ( ) Northwest 5 RZ ( ) North 6 AG-1 East 7 AG-1 North 8 RZ ( ) Northwest 9 AG-1 North 10 AG-1 North 11 RZ (1995) Zoning / Name C-1 (Community Business) CVS Pharmacy C-1 (Community Business) Commercial Strip Center AG-1 (Agricultural) Undeveloped M-1 (Light Industrial) Air Conditioning Business C-1 (Community Business) Daycare Center AG-1 (Agricultural) Undeveloped AG-1 (Agricultural) Bellemeade Farms Subdivision C-2 (Community Business) Landscaping Supply Business AG-1 (Agricultural) Agricultural Apple Orchard AG-1 (Agricultural) Undeveloped R-4A (Residential) Lake Laurel Subdivision Approved Density/Min. Heated Floor Area 5,690 sq. ft./acre or total of 34,282 sq. ft. 7, sq. ft. /acre or total 9,468 sq. ft. n/a 4,151 sq. ft./acre or total 8,800 sq. ft. 4, sq. ft./acre or total 14,600 sq. ft. on 3.06 acres n/a 1 unit/acre (Est. 3,000 sq/ft) 8,040 sq. ft. per acre or total 24,600 sq. ft. n/a n/a 2.2 units/acre 2,400 sq. ft. 6/20/2014 Page 14 of 27

30 SUBJECT SITE: The subject site contains 5.3 acres and is undeveloped with a vacant house. The subject site was rezoned O-I (Office Institutional) pursuant to RZ07-10 for 28,104 square feet at a density of 5,332 square feet per acre of general office for the four parcels. However, the two parcels to the south (1.64 acres) were rezoned to T-5 Urban Center Zone Form-Based Code, while the two north parcels (3.84 acres) remained O-I. Therefore, the two north parcels (3.84 acres) remaining O-I at 5,332 square feet per acre gives the two north parcels a total of 20, square feet of general office on 3.84 acres. Since the adoption of the Deerfield/Hwy 9 Form Based Code, there was a request to rezone from O-I (Office Institutional) to TR (Townhouse Residential) to develop 24 single family detached residences. Both the Staff and Planning Commission recommended denial based on the Future Land Use Plan recommendation of Mixed Use and the Form Based Code recommending T-5 which contemplates mixed use development for that portion of the site within the T-5 transect zone. The applicant withdrew the request without prejudice at the City Council Meeting on January 22, The two south parcels under T-5 Urban Center Zone Form-Based Code are allowed a total of 33,210 square feet of commercial, office or retail on 1.64 acres or 9 units per acre of residential. The subject site is located on the east side of Hwy 9 just north of CVS Drug Store and south of Superior Indoor Comfort. The site is located within the Mixed Use designation on the City s Future Land Use Map and Transitional Zone per the Hwy 9/GA 400 Area Master Plan. The applicant is requesting that the subject site be rezoned to increase the approved density for the underlying Office Institutional from 28,104 square feet to 74,000 square feet and a concurrent variance to increase the height from two stories and 30 feet from average grade to the eave to three stories and 36 feet from average grade to the eave. SITE PLAN ANALYSIS Based on the applicant s revised site plan submitted to the Community Development Department on June 18, 2014, Staff offers the following considerations: 6/20/2014 Page 15 of 27

31 DEVELOPMENT STANDARDS SEC O-I (OFFICE-INSTITUTIONAL) AND SR 9 OVERLAY DISTRICT Requirements Minimum lot frontage 100 feet Maximum height 60 feet or 4 stories, whichever is higher. Staff notes that the SR 9 Overlay District supersedes the underlying zoning requirement, thus the request for the concurrent variance. Also, the Deerfield/Hwy 9 FBC within T-5 allows up to four stories. Subject Site The lot exceeds the minimum requirement The proposed building is three stories and from average grade to the roof eave is 36 feet. A concurrent variance will be discussed below. Minimum Front yard Side Yard Rear yard Maximum lot coverage Landscape Strip along SR 9 Landscape Strip on north and south property lines Undisturbed buffer and improvement setback along the east property line adjacent to AG-1 (SR 9 Overlay District) Parking: 1 space per 4 beds + 1 per 3 employees 32 spaces required 40 feet from right-of-way 20 feet 25 feet 70 percent of the total land area 20 feet 10 feet 75 foot and 10 foot improvement setback 36 spaces provided SR 9 Overlay District Requirements Based on all the requirements noted above, the site plan indicates compliance with the development standards for O-I (Office-Institutional) and the SR 9 Overlay District except for height. OTHER SITE PLAN CONSIDERATIONS It has been the City Council s policy in the past where there has been development along Hwy 9 to provide a four board black equestrian fence, not exceeding 55 inches in height. More recently, the recommended design for the equestrian fence may include a column as described in the Hwy 9 Design Guidelines. 6/20/2014 Page 16 of 27

32 The site is bisected between the traditional O-I zoning district with the SR 9 Overlay District and the Deerfield/Hwy 9 Form Based Code Overlay (FBC). Staff has reviewed the site and the building so that for the portion within the FBC, the development meets the intent of those standards as well as the portion within the SR 9 Overlay, the development meets those standards. Staff requested that the building be pushed forward to Hwy 9 as possible to be in keeping with the FBC. Although the rezoning process does not require architecture to be submitted, the applicant has worked with Staff including the City Architect to meet the requirements of the SR 9 Overlay District for the design of the building which is consistent with the FBC with exception of the allowed height. The applicant has submitted various designs and has responded to both the Design Review Board and the City Architect s feedback to produce an aesthetically pleasing building. The rendering provided in the report reflects the latest iteration. Further work on the design will continue as the process continues. The final building design will be required to be presented to the Design Review Board prior to the issuance of a building permit. VC To increase the height of the building from 2 stories and 30 feet from average grade to the eave to 3 stories and 36 feet from average grade to the eave (Sec (m)) The proposed building s height is three stories and 36 feet from average grade to the eave. The nature of assisted living facilities requires large amounts of square footage and thus the need for the increase in stories and height. On this site, by designing a building vertically, less of the site is negatively impacted with additional vegetation removed. Staff also notes that the T-5 Transect Zone permits buildings to be built up to four stories in height. The City Architect has worked closely with the applicant s architect to present a building that is in keeping with the site as well as designing a building to blend in with the site. It is Staff s opinion that the applicant has demonstrated that: 1) Relief if granted, would not offend the spirit or intent of this zoning ordinance. The applicant has designed a building that works with the site and has preserved a large portion of the site with vegetation as well as the specimen trees as conditioned by the previous zoning for this site. Additionally, the O-I zoning district also allows buildings to be up to four stories in height. 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 variance applicant. 6/20/2014 Page 17 of 27

33 When the original Livable Community Initiative (LCI) Study area was determined and ultimately the area for the future Form Based Code, by the Atlanta Regional Commission, this site was bisected with multiple parcels and it was not know that the parcels were under one ownership. If the line was drawn just north of the existing line, the entire site would be under the purview of the Deerfield/Hwy 9 Form Based Code and the request for the concurrent variance would not be needed. 3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. It is Staff s opinion that if the site and the building are designed appropriately to ameliorate the effects of three stories, it will not cause a substantial detriment to the public good and surrounding properties. Based on this analysis, Staff recommends APPROVAL CONDITIONAL of VC 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. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS The site is predominately pine trees with a hardwood stand along the northern property boundary. There are eleven specimen trees on site that will require recompense. The applicant has stated that three specimen trees will be removed, that consist of a 30 pine, 30 Oak and a 28 Oak. Staff notes that in the previous rezoning pursuant to RZ07-10, a condition of zoning was included to preserve three trees on the site identified as 1, 5 and 6. The exhibit will be included at the end of the Staff Report. The applicant has stated that these trees will be saved. CITY OF MILTON FIRE MARSHAL There are no outstanding fire code issues associated with the proposed rezoning as they are now presented. This type of use will also be reviewed by the State Fire Marshal. 6/20/2014 Page 18 of 27

34 PUBLIC WORKS 1. There are no improvements shown along SR 9 frontage 2. Pedestrian facilities on SR 9 not shown in accordance with City Code of Ordinances 3. Entrance location, striping and turn lanes subject to GDOT approval 4. Entrance configuration to be coordinated with projects PI and PI /20/2014 Page 19 of 27

35 FINANCIAL MODELING IMPACTS 6/20/2014 Page 20 of 27

36 PUBLIC INVOLVEMENT On May 27, 2014 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. There were no specific comments made regarding the project. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Monday, June 2, 2014 at the Windward Kroger Community Room. The applicant s report stated that no one appeared at the meeting. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW June 3, 2014 Comments: Community would prefer a building with a non-institutional look. More of a bungalow style. Looking for something with depth and perspective. Needs more variations in façade. Consider multiple masses. Would not oppose a three story building if it fits the property. The subdivisions right behind the site and Lake Laurel may have issues with the proposed three story building. Renderings should show building on actual grade. Wait until new Hwy 9 North Form Based Code is completed before proceeding with the project. Work with the City Architect directly to come up with a product that the community can buy into. 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 assisted living facility developed with 74,000 square feet and a density of 13,962 square feet per acre is suitable to the existing uses to the south and the north. To the east the required 75 foot undisturbed buffer and 10 foot improvement setback provides the necessary screening. It is Staff s opinion that the proposed use is suitable with adjacent and nearby 6/20/2014 Page 21 of 27

37 developments and zonings and to the Deerfield/SR 9 Form-Based Code Overlay District. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above based on the fact that to the north, the property is zoned M-1 (Manufacturing) developed with an air conditioning business and to the south it is developed with a CVS and potential future development to the south on the same parcel at the northeast corner of Hwy 9 and Bethany Bend. Although there are single family residences zoned AG-1 to the east, the required 75 foot buffer and 10 foot improvement setback will provide necessary screening to these homes. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site does have a reasonable use as 5.3 acres currently zoned O-I (Office Institutional) 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. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: The two south parcels: Transitional Area as amended by Hwy 9/ GA 400 Area Master Plan. The two north parcels: Mixed use, two stories, form based code style Hwy 9 North Visioning Plan - Proposed use/density: Assisted Living Facility / 13,962 square feet per acre The Milton City Council adopted the Comprehensive Plan in June, The Future Land Use Plan was amended for the two south parcels of subject site upon the adoption of the Hwy 9/GA 400 Area Master Plan in April, Per the Hwy 9/GA 400 Area Master Plan amendment, the two south parcels of subject site are Transitional for primarily small lot single family residential and limited neighborhood serving retail and office. These 6/20/2014 Page 22 of 27

38 parcels were subsequently designated T5 Form-Based Code Overlay District to reflect the vision of the master plan. The two north parcels of subject site are within the North Hwy 9 Visioning Study which was adopted on June 2, 2014 which recommends the area to be Mixed Use, two stories and to implement the form based code for future development. Based on the recent designation of the two south parcels of subject site to Form-Based Code T5 Overlay District which allows an assisted living facility, and the approved master plan for the two north parcels, the request to rezone to O-I (Office Institutional) is consistent with the future vision for subject site. 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 is consistent with nearby zonings and developments. Although only a portion of the site is within the Deerfield/SR 9 Form Based Code, the applicant has submitted a plan and provided architecture that is consistent with the Form Based Code. During the public hearings for the proposed single family residential development, the community voiced concern regarding a single family residential use and wanted to see more non-residential uses in this area to be consistent with the vision of the Hwy 9 North Visioning Study and the Form Based Code. In addition, the proposed use is consistent with the Deerfield/SR 9 Form Based Code. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ 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, tree recompense and landscape requirements. CONCLUSION Based on the fact that the proposed assisted living /memory care facility is a use that is consistent with the 2030 Comprehensive Future Land Use Plan and permitted uses within the Deerfield/Hwy 9 Form Based Code, Staff recommends APPROVAL CONDITIONAL of RZ14-01 and VC /20/2014 Page 23 of 27

39 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) 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) An assisted living/memory care facility with no more than 84 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 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 18, Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner s agreement to the following site development considerations: a) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC14-01) b) Preserve trees identified as 1, 5, and 6 on the exhibit attached. (RZ07-10) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as , , , and into one parcel. d) Final design of the site and building to be approved by the City Architect. 6/20/2014 Page 24 of 27

40 4) To the owner s agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. ii. iii. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by 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 properties as required by the City of Milton Public Works Department or GDOT. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI , and proposed intersection improvement project PI SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. 6/20/2014 Page 25 of 27

41 d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 5) To the owner s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance permit application. 6/20/2014 Page 26 of 27

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