HomeMy WebLinkAboutORDINANCE NO 14 01 195STATE OF GEORGIA ORDINANCE NO. 14-01-195
COUNTY OF FULTON PETITION NO. RZ13-17
AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO CUP (COMMUNITY
UNIT PLAN) FOR A 9 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON
FREEMANVILLE ROAD HAVING A FRONTAGE OF APPROXIMATELY 523 FEET
CONTAINING 16.98 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
January 22, 2014 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
Freemanville Road with frontage of approximately 523 feet, consisting of a total of approximately
16.98 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 812, 813, and 772 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ordinance are hereby repealed; and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.
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ORDAINED this 22nd day of January, 2014.
Approved:
Attest:
Sudie AM Gordon, City Clerk
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, the rezoning of property
located on Freemanville Road with a frontage of 523 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 9 total dwelling units at a maximum density of 0.53 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 site plan received by the Community Development Department
on October 3,2013. 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.
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3) To the owner's agreement to the following site development considerations:
a) Minimum lot size -43,560 square feet (1 acre)
b) Minimum lot width (at building line) -90 feet
c) Minimum lot frontage -35 feet
d) Minimum heated floor area per units -2,800 square feet
e) Minimum front yard setback -30 feet
f) Minimum side yard setback -10 feet
g) Minimum rear yard-40 feet
h) Adjacent to AG-l -50 feet
i) No lot would have direct access to Freemanville Road
i) Provide a 40 foot undisturbed buffer and an additional 20 foot no
improvement setback for lots along Freemanville Road identified as
lots 3, 4, and 5 and where sparsely vegetated, replant in a natural
fashion, per the approval of the City Arborist. Submit landscape plan to
Arborist for the preservation of the rural view shed.
k) Architectural elevations for lots 3, 4, 5 (adjacent to Freemanville Road)
shall be reviewed and approved by the Community Development
Department with assistance of the City Architect prior to the issuance
of a building permit.
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Site plan submitted on October 3, 2013
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~~l13-17-
Le[o:lIl n~:;~ripli()n
AJlllultraa nrrH'.I'cellying Of being in Land Lots 772, 812, & 1$]) ofthe 2nd
Distrid)nd Scdinn nfrultou CI)Un{)', (ie;:.r£;ia undThe Ciry Mr"lil,nn and ht:ing mor~
p;lrti~ul(\r1)' described D.'l follows:
HL'.Vnnin~}lt Ih~ point or' intersection of Land Lots 773. -:72. !l13. and K12. sllid
p:>i.n: heing The True Puint uf lk'1;iJlnin:,;; Th~nce cUIlLinuin!O llurLhcrl) Illong the
afMel11enrioncd \~cst~'TI)' line ur r.~nlJ r.~Il 772. N.CWOO· 44··W. !1 (h;u'Jn(;C: 01'21)3.4'3 (C.;1
to a puiut; Thenc/! Je;lvine Thp. afi\r~n"~I1Hm~rl wL'~t.~rly I.mel T.OI r.illl', Sjf/'I(i'41 "f-'.
i:'l distance of61.99 red 10 a p<oint; Th~l:1o.:, S,6S"::!4',Y''c:'' a dj~(;.m~t' ur 105.(16 kd tn u
point; ·lhc,'TII;:e. S.fiS~4J'SOT.E. a dismnce of Ii 1.97 feet to a poiJll: lllence, S.57·'L~' I·~"r:.
a distan,'e of65.6:) feL'tlf) It point; Thence, :\,:';'i"(IO'2Q"F.. ~ disr.mc,~ 61 .m.Tr.:l poinT'.
Thence, S.44'53'53"1:.. 68,or)f~to a point: Tb<:I\CC, S.39"'50' 4U"b. a diSotJ.llc(: lIf 92.94
teet 10 ~ pl)inlll)(;a[~d on the nonlle.l'Illine of Land Lot 81J; TIlence continuing westerl)i
along ThL~ :lfnn~mcnti,mtxj IUtld 1.1r.l..ine.. N.~4)°.'i2'IT'W. II (lisllmct:,,1' IR.61 reel. tn fI
J:<Jilll; '11i<:;n.;.c ICl'Iving the aforemenliol\ed 1.llnd L<1t Line. S.40",l('·1 <i"F. a dilit.ln.::c .)(
2J4.71i ~;,ettO(\ pOIlIt; ll1cr..ccS.3IvJ4·50~1:. (I dlSJanc.:: ot':B6.1J4 teet to 1 ])Oint loc;}(oo
on the wt::>lerly ri:$Il\-(lf~w:lY ofh~men\'ille Ro.'\d (6JY IVW)~ 'l'h"Jlce (,olltil1uill~
:;Jl.llilcdy akmg tte afor~menlionc:d right-or-wilY and following. <l un': lO the leA having
u ute lellgth or ,22.0'/feel and a rltdiLL'j Llf I t1:n.21 ft:el (~aid (;UI'\'C being subl::l1ocU by
a chord ufS.3:\°]S'18r.W. a L'oorrl di~T:lI'lc.c ,"'11'''17 I); f,~"t)1L)" ~lOil1t·. I'hence !t'';lving
the afnn:mentiontd right-oj~way, 1\.61l°:!2'.iT'\·V. ;l dislance 00 II.JJ I~d 10" puint;
·!llenee. .N:II '') '-Urw. a d is.tnnce 1)[ 170.00 fc:d to a 11(Iinl hicatt:J on lhe: w~~lerly line:
(If land Lot 81 .~; Thence conliDuing [)(J1'therly alung Lhe arOITmcnuoncd Land LOl T .inc,
N.OO~OO'OO~E, aJld ~ distllncc of 1O.7~ feet io 3 p<>inf., 1l1cncc JC3viJlg the l'ItOI1:-rllcutiulI\.'J
Lal\l.l r....1[, N.68°32'47"W, a disrnucc at' I!U1 feet to a poim; Thence, N.13"':'U' 11 "\V. a
di>tnnc~ 430.50 rcellu 1/ point; Tb...ru:t', N.67"16'JO"W. a Ji!>4mcl: 10[.90 1t:1ll (0 a point;
Tln;;ucc. N.SO"OI '~1~W It distance 0"277.76 f~e1 10 a point; Thence, N.II" 15' 19"L. Il
di:"tance nf'2().OU I~ to a POint; 'lhcncc, ;>l.!!iU'·U I'LYW, II di!>lIlllC:; or 19:3.67 feet to
a poinl; ~·m.. ~.06"05'In"E of 162 .76 ft"el to (l ~\Oillt loC'ar""" 1)1\ tht. Iltvtl'ruly lint: or Land LuI l\ 12; TIlt:II(;c WlltillUilig ~<l>itnli' alollg 1111: .OUI't::tIlt:lltiollt:U Lund T AK l.in~
S.H,:!"3 j"3()"E, (I di:;l~nu: 4 .•1" 656.02 I"l:l:ll,.(J " poinl~ suiJ TII)inl b~inl.t The Tn(l~ Poiuf of
Bc~nnil1l!.
Said tT:lct or pam:1 wlltaim 16.9H ac~s.
RECEIVFO
OCT 3 ",
C lTV OF t/ll._ I 1.Jt'.
COMMUNITY DEVELOPMENT
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