HomeMy WebLinkAboutORDINANCE NO 13 01 158l ORDINANCE NO. 13-01-158
PETITION NO. RZ12-16NC12-06
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP
(NEIGHBORHOOD UNIT PLAN) FOR A 24 LOT SINGLE FAMILY SUBDIVIISION
PROPERTY LOCATED AT 12855 HOPEWELL ROAD HAVING A FRONTAGE OF 790.86
FEET CONTAINING 6.931 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
January 23, 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 connection therewith be changed so that the following property located at 12855
Hopewell Road with frontage of 790.86 feet, consisting ofa total of approximately 6.931 acres as
described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan) District
with conditions, attached hereto and made a part herein;
l
ALL THAT TRACT or parcel ofland lying and being Land Lot 1108 and 1109 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached
conditions ofapproval, be approved under the provisions Chapter 64, Article VI, Division 24 ofthe
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 ofany 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 ofthis ordinance; and
SECTION 5. That all ordinances or part of ordinances in conflict with the terms ofthis
ordinance are hereby repealed; and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 ofthe Mayor.
ORDAINED this 23 rd day of January, 2013.
Page 10f1
l
l
Approved:
Joe Lo'ck,
Attest:
Sudie AM Gordon, City Clerk
Page 20[2
l
l CONDITIONS OF APPROVAL
RZ12-16/VC12-06
If this petition is approved by the Mayor and City Council, the rezoning of property
located at 12855 Hopewell Road with a frontage of 790.86 feet it should be
approved for 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.
l
b) No more than 24 total dwelling units at a maximum density of 3.46 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 January 22, 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.
Page 3 of3
l
l 3) To the owner's agreement to the following site development considerations:
aJ The minimum lot size -5,000 square feet
b) Minimum lot width (at building line) -52 feet
c) Minimum heated floor area per unit -2,700 square feet
d) Minimum perimeter setback along the south property line - 7 feet
(VC 12-16, Part 1)
e) Minimum perimeter setback along the north property line -25 feet
(VC 12-16, 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) Provide a 25 foot undisturbed natural buffer along the east property
line.
k) Construct sidewalks along only one side of the street on the interior of
the development. (VC12-16, Part 2)
I) A minimum of 5 lots shall provide side entry garages.
l
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:
L 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 (Le. sidewalk, curb and gutter, etc... ) shall tie to
the existing facilities on adjacent properties as required by the
City of Milton Public Works Department.
Page 4 of4
l
l
l
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, five-board
equestrian style fence with two inch by four inch welded wire
constructed around if, 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.
Page 50f5
L
l
L
I..OCATE::> IN
..AND LOT 108/1 lOCI. 2ND DISTRICT, 2ND SECT;ON
C:TY OF MILTON
FULTON COUNTY. ~EOf<.t.S.IA
REVISED SITE PLAN SUBMITIED JANUARY 22, 2013
Page 6 of6
L
l
l
Deseriplion of Ptopen)'
1285& Hopewell Road
All or lll~ tract or Plue!!1 cf tDnd l~1ng sncl baing 10 l;md lots 111.)6 1; 11~ of fuEl 2nd Dislri:r.. 2nd
Secti:.m Of Fulton eUUlII)" Georgia lind i:)eing rrorc porlicul3r~ d98etibQ::t 2S foDD·...'S:
Tn reach the poirt cI beginning. commtrlCIl trom a F'~II'\I rormed by :he inlul!$t;;(;tk;·n ~" the
Mrtr.erly r/vl of V:~ughan IXive (50'1l1Y) and the easterly ro'." of Hopewell Road (90 aWl ano
proc;)od 1:11019 tho;) ¢ils.terly r/w of Hnpl!lI/ell Road (60'n\\I) the followi'ijj (:OU1W1> ard d sta".ce5;
1. 3::14.60 fHt aiong !he am of Il O.JrYe :0 ulS L6ft. $ald curve hevllltl tl mrlill!\ of f!926.37 ffO,
.nd being iubhlrnJ",; hya chord 01 No1hl1"20'25" EocI33'1.ST to a poll',;
2 51.40 l.:ol a.to:"lg tho arc &f a CUNe W U!t:t !.eft, said CJ..lt'IoC hlilliing a radiLlo or 41'.8.61 fut
and being :>ubtende::t by a chOrd of Nor~n '10'3'1'40" Ea:>1 51.4(;1 to an iron pn r,iIl~rt
(cappB1 !'iI'S" reoS.1) 3F'!d t'le pokll of lx;Qinning;
ff<:lrl me 1'>I)II'It of aCIJlnnin.g i.'hIS <lcbbtished. cr.lIlUI1l: P. ;fn-g tna ~as!erl~ rl'll ul Hcpowell R:)ad
{SO'r.'l'I) ~he rullvwlng G.Our:~t:'$ and dishnca:lQj
1. 38::1.51 feet alooQ the arc of a CUNA 10 ttlll Lt:P, E;/dd clJr~o hu'lillg!'l ra::liu3 of 47',IJ,E1 feet
ane: DelllQ subtended by a chord 01 North or53'14~ East aea.51' lv a .>Oint;
2. NMh C,(3'29'29" East 'or a oistllnca of30i 35 feello an IroF'! pin fouM (1.1~"re!lar);
Tjlo::llce dap;:!rtng the ca:l!lJll\' rhY d H:lpll'lJell Road (!:lOr.'>'» Rnuth 86'45'39' EIll>t for" dISil.lI:ce
of 447.7u feetl!) l11" iron p-:n fo.md (1,2'·r;;.bi:lf); Thence Soulh O:;'l(Y4S· 'Nest (or ,1 cjj"t~,.,('1 :l~
577,2.1 teet ta a~' Iron :lIn pl~u (t:apt:.ed eliO' rebsr}j Tha.10o Sl:ulh 72"09··..,"· "",'G!:lt for :3
clstance :Jf 287.31 feGt t·) an Iron pill ~Iaced ';C8PPI;!U 5le,.' I\:!bsr); Thence Oouth 87"07'52' W~t
fnr B d,Slan~e of 226.38 taet to ne poirl ot tloginmr.!l.
Soid Propertol containir,G 6.931 llCrF.!l Of ::IO~ .924 square :ce1.
til \' 0Ii ;'iili
RZ12~16/VC12..06·
Page 70f7
l