HomeMy WebLinkAboutODINANCE NO 13 07 179----~-~----
STATE OF GEORGIA ORDINANCE NO. 13-07-179
COUNTY OF FULTON PETITION NO. RZ13-14
AN ORDINANCE TO REZONE FROM AG-l (AGRICULTURAL) TO R-3 (SINGLE
FAMILY RESIDENTIAL) FOR AN 11 LOT SINGLE F AMIL Y SUBDIVISION PROPERTY
LOCATED AT 13175 HOPEWELL ROAD CONTAINING 9.045 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
July 15,2013 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in cormection therewith be changed so that the following property located at 13175
Hopewell Road, consisting of a total of approximately 9.045 acres as described in the attached legal
description, be rezoned to the R-3 (Single Family Residential) District with conditions, attached
hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 1037 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the R-3 (Single Family Residential) zoning listed in the attached
conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 6 of the
Zoning Ordinance of the City of Milton; and
SECTION 3. That the property shall be developed in compliance with the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not authorize the violation of any district regulations; and
SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 15 th day of July, 2013.
Approved:
Attest:
Sudie Gordon, City Clerk
RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council. the rezoning of property
located at 13175 Hopewell Road with a frontage of approximately 411 feet it
should be approved for R-3 [Single Family Residential) 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 11 total dwelling units at a maximum density of 1.22 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 revised site plan received by the Community Development
Department on June 17,2013. 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.
3) To the owner's agreement to the following site development considerations:
a) For lot # 11 plus the common area along Hopewell Road equals at least
one acre.
b) Minimum heated floor area per unit -2,500 square feet.
4) To the owner's agreement to abide by the following requirements, dedication,
and improvements:
a) Extend 5' concrete sidewalk that currently exists along the frontage of
Milton Place subdivision along the entire frontage of the proposed
development and provide for necessary drainage improvements.
b) Provide a southbound left turn lane on Hopewell Road at Newtown
Drive in accordance with Chapter 48 Streets, Sidewalks and Other
Public Places of the City of Milton Code of Ordinances.
c) Maintain 50' right-of-way throughout the subdivision.
d) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of
internal streets .
e) Dedicate, at no cost to the city, 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.
L) Proposed right-of-way shall be located no closer than one foot
behind the back of sidewalk.
f) Require a 20' undisturbed buffer along the north property line for all
buildable lots.
5) To the owner's agreement to abide by the following:
a) Prior to the application for a land Disturbance Permit, the
developer/engineer shall submit to the Department of Community
Development a Stormwater Concept Plan. The plan shall comply with
the requirements of the Stormwater Division of Chapter 20 Environment
of the City of Milton Code of Ordinances.
b) 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.
L) Where side slopes for stormwater management facility are
steeper than 4: 1 the facility shall have a six foot high, five
board equestrian style fence with two inch by four inch
welded wire constructed around it, or equivalent as may
be approved by the City of Milton Public Works
Department.
c) Prior to issuance of a Land Disturbance Permit, an amended
"Intergovernmental Agreement for Extraterritorial provision of Sewer
Service by Fulton County to Certain Property Located within the City of
Milton" indicating sewer service to this parcel described as 13175
Hopewell Road (Parcel 10 22 495010370209) must be approved by the
Milton City Council and the Fulton County Board of Commissioners.
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REVISED SITE PLAN SUBMITIED ON JUNE 17, 2013
Lr. O:\L Dt:::SC!CPIIO'-J
.\J! ttnt tra~ (01 !1:m:cl ,)1' lund lying, and bt'iu~ ~(lcated il1 T .:lnd
Lot 10:; 7, DislIk[ 2, SectiDu 2, FullllJ Ci)l!llLy, (lwr',!.ia, willJiu III.:
Cil.y <>I' Milton. and lx:m; nH>r~ pllitil:ul~rl}' de~cril>ed 3.'i follows:
Bc~inllinA ;)~ ~\lI lIun pin kllmd (1,'2" R.n) at the "ollth<!a.<;t
\X,rn~l' of L~dKl I.et 1\137, ,.;.uLl ~l)nLer bt'.1ug ttle C.,)OlmOll C::Nllf'" fOf
Lan\.! 1<)1.• -; len:, Io~)s, 1051! ftlld 1052;
Tlll~:\;CF. '\1orlh ~I) d.glet~ III lllinut<', 24 ;eO:{ln,1:S \t,'c>o:1 fi,l' Ii
dl,nm.;e of 9RS,42 teet alDr.g I.1Cc sl)~JJh line l)fT.unJ Lilt 1037 III
})ll irMI pin set (1 :'2 " R;'B) l'[\ Ibt: C'<t.~1. rip)1t ,fway line 0:'
HLJ~,·.ycll R('tad (.:11 EO' R/W):
THr~C:E lea\'lIl~ s:ild ~Dll(b liu:: M Land Lot 1037, along i'.
CIIH'e to the left ll:1.ving ~ rudius of 1.340.22 Ie.:" Iwl :1)) :m~ .~n::'1h
01238.99 r~t:L, bdJll!, !>Ubtl'lldc:i br ~ chord of'\'mth 1)7 dt:srel:s 01
minlJ[~s 17 se",:ollds ulst for ~I LJi~'llJlte (,t'23X.6!! feet alon~ the
eu~t right ofw.lY line un h:IX:wdl R<>ad (an SO'lV\\1 to a poinl;
TiIENCR )lol1h 01 t'~grtx:~ 54 mimI t:;, 4(i )'~l:,mJ:; E~.~I Cm.,
J:~HlJ1CP. of1i3 8$: f('(!ll1limg tile <':aq ri~htofw;,y line of
Ho~'Cw'e)l Roa:i (an RO' R/W) 10 ,Ul iron pin found (l:r R:B);
TIII·.'lCE l~a\'lllg ,aid ..:u~1 right or w-ay lill';: o:.'T-J.)pewell Road,
~OUL'l B~ dcgr~" 4R minult'!l13 s~,~cnd~ £.1;t :iw ~ r1i"tmll~i! of'
9·51.26 1t:<."llitUII ilUlIPW found (li2" R:T!} on Ihe: ~asllineurLUlJ
Wl 1017;
'lllENCE R()ulh 0 I u;;'8:ed 0.5 mwutes n ,C'Crlnd~ \~;c:;tt C(,r a
dblUncf; of 402.(iS fcct along lhe =~J~. lim: (.rr.all:.! T.L)l l037 III <Ill
iron pin fO\llld (1.'/." R/R) lind the p·oill[ of Degiwllllg.
T'.1.~dh~r wi1h and 511~il'(~t 1I) L:UVellants, ea.<.'tlY.ents, <.nd
l'e.>trktiolH "frecm":.
Said prope~'t:' contains 9.04.1 nel"::;; alld i;; more p.llly shaWL: Dr. 11
Preiimbary Suhuivi;iuo Phlt for Duke ho.1 Group, hy
I:lwllIhclow-Reesc m1d AS~r)ci,II~, Tnc., oll!ed 1\·1aI'ch 2~, ::i)13,
l::t'aring th"irj(lh IlIm,her 2:lL2-2W, 3nd heillQ: identified JS
Jlftwiug JR-7l)0111'G.
RECEIVED
APR 0 %2013
RZ13-14