HomeMy WebLinkAboutORDINANCE NO 14 06 206ORDINANCE NO. 14-06-206
PETITION NO. ZM14-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON
NOVEMBER 3, 2004, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND
BIRMINGHAM ROAD WITHIN LAND LOTS 379,380, 413, 414, 2ND DISTRICT 2ND SECTION
CONSISTING OF APPROXIMATELY 22.3 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
June 16,2014 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Conunissioners,
approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and
AG-l Conditional property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of
a total of approximately 22.3 acres, attached hereto and made a part herein;
SECTION 2. 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 3. That all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
ORDAINED this 16h day of June, 2014.
Attest:
Approved:
Page 1 of 10
RECOMMENDED CONDITIONS
The Mayor and City Council approved this petition. The recommended conditions
(RZ04-116) have been revised to read as follows:
1. To the owners agreement to restrict the use of the subject property as follows:
c. No more than 33 townhouse and/or single family dwelling units on
6.63 acres within the Southeast Quadrant of the Birmingham
Neighborhood Node at a maximum density of 4.98 units per acre,
whichever is less. Above described acreage shall be zoned MIX
(Mixed Use) Conditional.
d . A 10,000 square foot day care facility on 6.63 acres within the
Southeast Quadrant of the Birmingham ~jeighborhood ~jode at a
maximum density of 1,508.3 gross feet per acre zoned. Above
described acreage shall be zoned MIX (1\6.ixed Use Conditional.
2. To the owner's agreement to abide by the following:
a. To the revised site plan dated June 9, 2014 October 28,2004
(Petitions 2004Z 0116 NFC and 2004Z 0043 combined) submitted to
the Department of Environment and Community Development.
Said site plan is conceptual only and must meet or exceed the
requirements of the Zoning Ordinance Resolution 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 for
townhouse units:
c. To require conformance with the Georgia Department of
Transportation (GDOT) requirements. ~jo more than one (1)
exit/entrance on the west side of Birmingham Highway. Curb cut
location and alignment oro subject to the approval of the Fulton
County Traffic Engineer.
f. Front Yard Setback: 10 feet, provided porches may encroach up to
5 feet.
g. Rear Yard Setback: None.
Page 2 of 10
h. 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.
i. A minimum of 80% of common wall shall be contiguous with each
adjoining unit.
j. Units shall be rear entry access for vehicles via alley ways.
4. To the owner's agreement to abide by the following requirements, dedication,
and improvements:
i. Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOTl prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide the following:
I. Provide at least 35 feet of right-of-way from the centerline of
SR 372/Birmingham Hwy along the entire property frontage or
as may be required by GDOT.
ii. Provide bicycle and pedestrian improvements along entire
property frontage of SR 372/Birmingham Hwy and Birmingham
Rd 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.
iii. Provide a 50 foot wide pedestrian easement free of any
structures or above ground utilities for future pedestrian inter
parcel access on the east property line on la nd lot 413 as
required and approved by the City of Milton Public Works
Department.
j. Access to the site and installation/modification of transportation
infrastructure shall meet City of Milton Code of Ordinances and
AASHTO guidelines and subject to the approval of the GDOT and the
City of Milton Public Works Department, prior to the issuance of a Land
Disturbance Permit. At a minimum, provide:
i. SB left turn lane on SR 372 at new access drive
ii. WB left turn lane on Birmingham Road
Page 3 of 10
iii. EB deceleration lane on Birmingham Road
iv. Entrance driveways shall be provided at a minimum of 100
feet or the 95% queue length, as may be approved by the
Director of Public Works, of uninterrupted access. This
distance shall be measured from -the edge of the thru lane on
Birmingham Hwy and Birmingham Rd to the edge of any
interior drive aisle or parking space.
v. Entrance improvements on Birmingham Rd shall be directly
across from Publix Shopping Center existing driveway.
k. Cross parcel access to the adjacent commercial tract to the north
should be provided through the commercial areas. Convert the public
access right of way between the residential lots 17-30 to private alley.
I. Eliminate the public right of way on all alleys.
m. Provide adequate sight distance at all intersections, eliminate on street
parking as necessary.
n. All street improvements shall extend across the entire street frontage.
Sufficient right of way shall be dedicated to ensure that all
improvements are contained within the right of way.
o. Provide a minimum right of way of l' behind the proposed sidewalk
throughout the development.
p. Provide curbing as approved by the Director of Public Works.
5. To the owner's agreement to abide by the following:
o. 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. Side slopes for the stormwater management facility shall be no
steeper than 4:1 unless otherwise approved by Public Works
Director.
Page 4 of 10
p. 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.
6. To the owner's agreement to the following site development
considerations:
a. Single family detached lots shall provide:
i. Front Yard Setback: 10 feet
ii. Side Yard Setback: Minimum 0 feet with a 10 foot building
separation
iii. Rear Yard Setback: 10 feet
iv. Minimum Lot Width: 30 feet
v. Minimum Lot Frontage: 30 feet
vi. 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.
vii. Units shall be rear entry access for vehicles via alley ways
viii. Maximum lot width of 50 feet with variable lot widths
encouraged.
b. At which time that 50 percent of the residential units are issued a
Certificate of Occupancy, those areas shown as commercial on
the revised site plan submitted on June 9, 2014, a temporary
landscape plan shall be provided to the City Arborist for approval
and installation and installed within 90 days. Also at such time, 50%
of the residential units are issued a certificate of occupancy, the
sidewalk and street trees shall be installed.
c. Provide a village green on the south side of Birmingham Road that
shall be a minimum of 50 feet in width and a minimum of 11,500
square feet in areameasured according to the current setback and
an additional 1,500 square feet within the development.
d. Provide internal pedestrian trails within the MIX and AG-l dis!ricts to
provide future connection with Birmingham Park.
Page 5 of 10
7. To the owner's agreement to the following architectural requirements for
residential structures:
a. Architectural elevations shall be reviewed and approved by the
City Architect prior to the issuance of a building permit. These
structures shall be consistent with consistent with the Characteristics
of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the
future will be referenced as the "Rural Milton Overlay") and provide
360 degree architecture.
i. Design and architecture shall be consistent with the attached
illustrations/elevations received June 9, 2014 by the City of
Milton Community Development Department.
b. Single gable or hip front (primary) building mass with the possibility
of a subordinate secondary mass and/or a separate carriage house
mass. Queen Anne "L" shaped roof mass is acceptable. Forms
should reflect importance of function, i.e. primary mass should have
taller ceilings and windows than carriage house: fenestrations
{windows and doorsl should be of noble size and proportion on
primary mass.
c. Design should be based on Vernacular forms. See illustrations
attached. I-houses are particularly appropriate to the area.
Acadian influence can be seen in local examples (Hopewell
House). Acceptable styles include Vernacular and Queen Anne.
Ornamental elements if used at all, should be used with restraint
(Federal, Greek Revival, Carpenter Gothic, and Folk Victorianl.
d. Row houses should be of uniform character and finish, and aligned
at the front (The Old Bricks, Roswell). Exuberant expressions should
be avoided and instead compositions that are harmonious,
beautifully proportioned and detailed should be utilized.
e) Porch elements should face streets and public ways and spaces.
I. Porch element may also be used within the rear yard. They
are usually subordinate to the primary building mass, but
sometimes are located within the mass (Hopewell House,
Hembree Farmhouse).
II. Front porches may have a wooden porch floor system and
shall have an open crawl space.
iii. Porches shall be a minimum of eight feet in depth.
iv. Porches shall be on a majority of the front elevations.
Page 6 of 10
--------------
v. Porches shall be supported on 18" masonry piers.
f) Corner lots shall have side porches or be designed with recesses
and projections as to discourage a single plane or wall.
g) Windows and doors [fenestration) should be of vertical proportions,
both in terms of actual jamb openings and individual pane size.
I. Panes should be of similar proportions on the same building,
roughly, the Golden Mean.
ii. Front doors with sidelights may be an exception. Greek
revival fret transoms and sidelights may be an exception.
iii. Windows must be of similar sizes and generally not ganged.
iv. Transom windows are prohibited apart from doors, and
should never be used over windows.
v. Shutters shall be authentic, fully operable and capable of
totally closing on the window sash.
hI Chimneys should be expressed in brick or stone, external to the
building mass and centered on gables.
i) Exterior trim shall be of local historic character.
i. Authentic, flat casings (full 2x4J, restoration sills, full 2x corner
boards, cornice assembly of 5/4 and 2x members, authentic
sash windows with SOL's or TOL's, solid wood posts that are
chamfered, and thick lap siding (Artisan series Hardie) are
required on clapboard structures.
ii. All exterior ventilation materials shall comply with the
architectural period theme for the development.
j) Wall finishes shall conform to the following.
i. Authentic Board and batten may be used on secondary
masses. ii. Flat panel materials with applied batons are not
allowed.
iii. Wood mold brick of reddish brown local historic color, with
little variation. Mortar may be river sand to clay in color.
iv. Wall finishes on sides of buildings seen from a public road shall
be the same on all visible sides
v. Typically, brick is used on commercial buildings and row
houses, but is also acceptable on houses as approved by the
City Architect.
vi. No more than 3 different exterior wall materials.
Page 7 of 10
vii. Native field stone shall be permitted.
k) Poured concrete as a finish may be acceptable with permission of
the City Architect.
I) Roofs shou Id be gabled with slopes from 6: 12 to 10: 12.
i. Materials should be shake, wood shingle, or standing seam
paint grip galvanized metal, or asphalt shingles as approved
by the City Architect.
ii. Half round gutters and round downspouts in paint grip
galvanized metal or unfinished aluminum.
m) Exterior light fixtures and door hardware to be industrial/rural in
character or as approved by the City Architect.
n) Landscape should be historic.
i. Plant materials should be native and/or historic. This includes
boxwoods, perennials, herbs, fragrant shrubs, and native
trees.
ii. Hardscape materials include gravel, brick, or crushed stone
with steel, brick, native rocks, or granite edgings.
iii. Stone walls and picket type fences should be randomly
introduced, with a mix of materials and design.
0) Prohibited materials and techniques, general: EIFS [exterior
insulation finishing systems) plastic, GBG's (grill between glass),
aluminum exterior railing systems, vinyl coated products, brick
foundation that protrudes outside of the framed wall above, direct
vent fireplace systems, chimney shrouds.
p) Stove pipes of adequate size are allowed.
Page 8 of 10
REVISED SITE PLAN RECEIVED ON JUNE 9, 2014
Page 9 of 10
ZM14-03
LEGAL DESCRIPTION
ALL THAT TRACT OR PMCEl OF LlIND lying and being in Land Lot 380 & 413 of the 2tl0
DlstrlCl, z'c SoctIOf}, City of Milton. Fulton County. Ge«gla and being more particularly
described as follows:
Beglnrlng at a comer common to L~nd Lot5: 380,381.412 &413; ;hence along the Land Lot line
common to Lana Lots L 12 & 413. South 00 degrees 31 minute3 40 seconds [sst a di30tance of
534.34 teetto a point; thence SoulhS9 degrees 12 minutes 33 secor;ds West a distance of
522.41 feet to a point at the centerfine of a creek; thence along said oenterli1e of creek the
:oUowing cou'ses and distances: North 56 dogrees 14 minutes 50 sEiconds West a distance of
151.14 fect to 9 point; lIlencc South a4 degf'C()s 61 minute:; 08 5COOOO~ WC:Jt 0. dl~tan()c of
54.61 r_llu it f.JOilll, lhen~ North 55 degrees 40 minutes 53 seconds We:;st a distance of 75.85
fee; to a POInt: l11encs South 43 degrees 31 minutes 0"1 seconds West a dis:ance of 2t'S.O!> feet
to 8 point; thence North 34 degrees 21 minules 41 seconds Wast a distance of 72.96 feet to a
point; thence South 76 degrees 05 nlnutes 44 secor.ds West a distance of 139.0g feet to a
point; thence North 38 degroc$ 40 mlnutc$ 48 :lCoondz 'N~t <l dizroncc of 4B.!J3 feet 10 lin ;
thenoe leaving said !;I~k III Cll-K.lilll, U11111(;" N;JIU, H! d~'tI"s 2fllllinultlS 52 ~UlltJS WOisl CI
dislance of 100.24 feet to a pOln~ thence North H3 degrees 12 mlnutas L1 seconds Wesl a
di!!olancp. of ~2fi.74 feet to a point on the easterly right-of-way line ·::Jf Birmingham Hwy (ApPRrf'!nl
40' RNV); thenoe aloOng said right-o';lIs,. line Nol'II'I 03 d&greee 46 minutB6 36 EeCOnds East a
di5tance of 715.03 feet 10 a point; thence leaving lSaid rlght·of-way line North 07 degrees 33
minutes 34 seoond& East a dlSlMC6 of 376.14 fa9t to a pOint; thence NoM 03 :fegt'eEs E7
minutes 49 3eoonds East a distance of 178.60 feet 1<1 a pOint on the southerly ri~ht-of-Vlay li1e
of BirminGham Road (ArrRrp.nt flO' R/W).: Ihp.rr.p. Rlnn~ !<"iei ri(lht-nf-\\/Ry linf! Routh 74 rl~rf'!e-.g
14 minutes 42. seconds East a distance of 2"".O~ feet to a point; thence IS3ving said right-of
w8'1l1ne South Co4 degTee6 08 minutes 00 r.eClJnds Wes!. a dir.lance of 525.87 feet to a point;
thence NOfth 88 degrees 00 minutes 57 seconds East a distance of 708.68 feet to 8 poirt and
the POINT OF BEGINNING.
S<!lld trect contailing 22.30 more or Ie".
RECEIVED
~~Al' 07 ZU14
CITV <.»)-h~ ; o...l uN
COMMUWTI r>EW,LOPMENT
Page 10 of 10
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