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Home My WebLink AboutORDINANCE NO 13 05 173STATE OF GEORGIA ORDINANCE NO. 13-05-173 COUNTY OF FULTON PETITION NO. RZ13-10 AN ORDINANCE TO REZONE FROM AG-l (AGRICULTURAL) TO CUP (COMMUNITY UNIT PLAN) FOR A 15 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON BATESVILLE ROAD HAVING A FRONT AGE OF APPROXIMATELY 1,170 FEET CONTAINING 19.90 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 20, 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 on Batesville Road with frontage of approximately 1,170 feet, consisting of a total of approximately 19.90 acres as described in the attached legal description, be rezoned to the CUP (Community Unit Plan) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 736, 777, and 776 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the CUP (Community Unit Plan) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 23 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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. Page 1 of6 ORDAINED this 20th day of May, 2013. Approved: Joe Attest: Sudie Gordon, City Clerk Page 2 of6 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Batesville Road with a frontage of 1,170 feet should be approved for CUP (Community 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 15 total dwelling units at a maximum density of .753 units per acre, whichever is less, based on the total acreage zoned. Approved lot/units 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/units 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 April 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. 3) To the owner's agreement to the following site development considerations: a) Minimum lot size -43,560 square feet (1 acre) b) Maximum Height -35 feet Page 3 of6 c) Minimum lot width (at building line) -100 feet d) Minimum lot frontage -35 feet e) Minimum heated floor area per unit -3,500 square feet f) Minimum front yard setback -20 feet g) Minimum side yard setback -10 feet h) Minimum side yard setback adjacent to a street -20 feet i) Minimum rear yard-50 feet j) Construct sidewalks on both sides of streets for the entire development per City Code Chapter 50, Subdivisions k) Minimum side yard setback for Lot #4 -25 feet along the exterior property line. 4) To the owner's agreement to abide by the following: a. The stormwater management facility in the front of the subdivision adjacent to Batesville Road 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 it, or equivalent as may be approved by the City of Milton Public Works Department. ii. Provide a 20 foot landscape strip on the exterior side of the required fencing for the stormwater management facility adjacent to Batesville Road with selection of plantings approved by the City Arborist. Page 4 of6 -- ~u wiil~>jiti&1 I;~ ~Ii.1 ~!~ 9i1,Alll, !lr{)~i!: :-g~I~I IU I~i'I';c' ~ N i i d~I~~~ u uaf!l ~~ I Iii h~; hil Ii ,~ ~f8 la :'\ .!! ;1~ ~~ i ~ ~fIJ !i!~ 1=1 f~~11 II III l§slll I ~! ~~ ~;I ;ji Ii ~~I I ,! ~ 8'S tl td ~8~;·fi ~·;n u~~ ~~ ,~. ! s J' ig~~'f<.\~Cl.i\i~eifi 2JOHAIOO«) aM arr WALK SI1F£ 52!J !lANJr_~~ _(4tl4I~_ Q -,... IOfCRl'/f lAIC) LOI'S '"NCJ m 2nd 9:'C1XlH 2nd 0IIi10CJ lLltr( GfQla4 1-n.-.C:'OC:U·Iu'rI!.,.·w..-n....cu .,.,~..... ~.~.,... -.:... REVISED SITE PLAN SUBMITIED ON APRIL 22, 2013 Page 5 of6 3595 Carl OTt Reod Suite 116. PM9 272 MC71'I·ctta, GA 30:)66 Ph. (676) J~~-9905 RZ 13-10 '; LnG£ DESCRIPTION -HIGHOROVE ,5;UBDIVISION -19.90 ACRES BEGlNNlNG at a point (1 W' Oflerl top pipe found) being the La:od Lat Corner of Land tots 736. 737. 776 M.d 777 and proceeding South 89"42'31 ~ East a distl!nce Qf 127 .63 :feet to II POfnt Gill!" moo frnmd); Thenoe proceed South 2S"IJ8'j7'" West II dhhmtlc uf919.76 feena point 0''' orimp lop pipe found); Thence proceed North 53"54'17" West a d.i~tance of 349.95 feet to 8. point; lhence proceed along a c.urve to the right.hl!ving a rodills ofHW,76 an arc distance of 88.28 feet stiid curve being $llbtended to a chord bearing of North 52·2726" West B cbon1 &tllncc uf&826 feet to a poim; ThaJcc pro(;ecd along 4 (;UTVe 10 the right b119i.ng it r8dhl$ of 14iiG,76 1m arc distance of 182.15 feet said curve being SJilitendcd to a cllOId bealing ofNmth 47"0913" West 11 chord di!lllnOe ofl82.03 feet to a point; Thence proceed along a curve to the right having a radius ofl400.76 HD. arc Cist:anoe of28.09 fcet being llublt:mlCl<l .lLJ u clvJ:nl bearing of North 43"01 'SO" We.<d.1l dJord distance of28,09 fr>eILO a point; Thence prooood along a curve Ii) be tight having aradlw of1460.76 lin arc dismnce of 145.50 f<tet said curve b~subtended to " chord bClUins; ot' Nmth 39~37'34' West a chord disrance of 145.44 feet to a point; Thenc= proct:Cl<l North 3~)5'49" West II di!ftsnce of29R.70 reel In Il point; Thence pro¢ted North 58"1}6'.22" East a distance of 532.6Qteet to a point; Thooce p!ocr:r:d North J9"02'S9~ East a distanoc C)f 535.0& fec.t to A poiIlr; Thenoe prooeed Soutb 36°40'45" East ad.istunce of 13.2K feet UJ a point; Thence prooe~ South 14°11'17" East a diSlCUlce of30_n feet to a point; Thencc proceed South 26"43'(1'7" Eaod I'l di&taree af1SA7 feet to a point; Thence pt:)Ceed South 18"29'13~ East a~of31.72 feet 10 a point; Thcnoc proceed South 50"32'53 East a distance of 18.76 fe-~ to a point; Thenre contimmig southeasterly alang said line, proceed a mstllnce of12.84 feet to a point; Thence proceed South 53°43'13" Poll~. R ditdarree 00.81 feet tD a point !knee oontiIruing soUlhcllsll:dy a1aug said tiDe, prooccd f1 distmce of24,4~ feet to 11 point; UlCilOC orooee;1 South 64°14'48-East a. distance of] 8,77 feet te;a point; Thence proceed Smnh 76"04'57" East a dls1zulGe 000.60 fc~t to npoint; Thence proceed South 70"40'47-East a dUtBnce of.28.13 feet to It point; 'l'henoe proceed South 60"28'50" EIl.>"t a distance of 43.19 Jed to a point.; Thencep-oceed South 67"24'39" East a ~8nce of 25.05 fe~to .Ii pomt Then~ continuing south.ellStaiy a.lOI1& said line, proceed a distance of 12.n fo:;t1o D point; ~proceed South 56048'06" East a distanoe Df30.12 feet to 8. poinr; The.nce proCoe¢d SoUIb &50 48'35" F.&it a dl.SlIUlCe of U.95.fi;e! to II 1'Oio1; Theuce prooecd South 00"59'10" a dislll:lC(l of 196.67 feet. M a ;mint; 'Ihrocc prooeod So\llh 00"55'46" Wcat a distance of218.23 to a point [1 ~ " Opctl lOp pipe found), said pipe being the POINT OF BEGn-.."NlNO, Together '.""ith lIll.d sobject to all coV'",..rumts, e.!lseTlle.TItK, And reSlrictions ofr~ord, Tract herein descn"l:-ed containing lS06,1l15 sq. feet or 19.90 acres +/. TnIet described herein wn1a.W.ing 19.9G ac~land (866,.815 Square feet), IIrOfC.a1' I~s, dcsGribed on a KlJIVe)' by Frontline Surveying & Ma~c., Job number. 4665 . ~1712007, last. revised 1110912012. ~. wn atl~~ve SID. ft:~ORJ~!~~ . --y/ fr,u\S'r~:),:" \ . ~rto,i<'Ioa«>' RECJ='\ ''-'' .A . 3! I PfIOF£S)!CfUL \ i 1 iIf.as ·. Peay,J G , 24,02 . . V~ A~~~ : MAR 0 5 ?GI Surveyma &, Mllpp!tlg. Inc. .~ft.....8U~ ./Zi CIT" 0'" •• ·. u,u-I;·... ~~y""'; 'r lulL. J uri ....:'J.)OC\}Mml'S~GoIS4 -lll;t.""...w Lcpl tl=rJptloo.do. , ' " -f)'1~~~" . COMMUNITY DEVELOPMENT :.v4/'lll1J lh41:S1 AM Page 6 of6