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Home My WebLink AboutORDINANCE NO 15 06 252STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 15-06-252 PETITION NO. RZ 15-12 AN ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO R2-A (SINGLE FAMILY RESIDENTIAL) FOR A 5 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED ON KINGS CLOSE CONTAINING 6.431 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 15,2015 at 6:00p.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 Kings Close consisting of a total of approximately 6.431 acres as described in the attached legal description, be rezoned to the R-2A (Single Family Residential) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel ofland lying and being Land Lots 396 and 397 of the 2"d District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the R-2A (Single Family Residential) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 5 of the Zoning Ordinance ofthe 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and Page 1 of7 SECTION 6.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 151h day of June, 2015. Approved: Attest: Page 2 of7 ·---·----------------- RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, the rezoning of property located on Kings Close with approximately 525 feet of frontage on the west side, it should be approved for R-2A (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 5 total dwelling units at a maximum density of .777 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 site plan received by the Community Development Department on March 27, 2015. 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 one acre lots. Page 3 of7 b) Minimum heated floor area per unit-4,000 square feet 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Provide 5 foot sidewalk with 2 foot beauty strip on at least one side of internal streets. b) 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. i.) Proposed right-of-way shall be located no closer than one foot behind the back of sidewalk. 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. 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. Page 4 of7 SITE PLAN RECEIVED ON MARCH 27, 2015 Page 5 of7 Lt;GAL OESCRIPTION Fl li.TOl\ COIJNTI' l'ORTIO~ K~ G PRE~ F,RVF: All thmt1·act c:rrpun:d of land lyi..Jl.g and being loc;~krl in Land Lot~ 396 and 397, l.>isn"lct 2. Soction 2. 7ulton County, G~nrt':ia, w'itJ1in the Crty ofMLllon. and bein~ more particularly dc:scrib..:d M follow:~: Tn find the TKLTE POTNT OF RF.fiTNl\11\CI, ;;nmmence a·. th~ ~oull1c:~l oonl\:r ofT,.IUld Lot J97 oC District 2, Sccdon 2. f\lhon County. said I=<>int b~inp, ttce comtnon comer of LanJ L.11 · 397 and ··168 ofDi~:tricl 2, Se-:ticn 2, Fulton Count~, antllaoo Lots 397 and 468 of District 2. St.-cticn I, f,~ 1'~)1h County; thence go North 00 deg,rt'les ~ 5 mim 1tcs 21l secl)nds Vlcs: for a disHmcc t'f 411.99 f~;:el along the c:usllin~ or' Laud Lot 397 nfOistrict 2, SecLiun 2, Fulton County (beinl! also lbe ·,•;t:~t line of I .and Lot 397 of District 2, Section 1. For'Syth County ruld the county line bm'\o·~'" F11'tnn 11nl rorsy h); L'lt~ll(;~ ko.wing said C.O\IUt)' I i.-e, South 115 deb'T'C:t:S s I minutes 31 "ecouds West for a di tunce or76.tl5 te~ to a fJOint; thence .N ortb 6'2 Jc:grl!eS 3 5 rr.itmtes 18 seconds \'le::t for :1 distmcv oi2SO. 95 teet to a point; t.ht;n~.>t: North 08 degrees 03 minutes 46 s~r:ds Wr~t fnr ~ di!'lttmce of:l9.22 feet to a ()Oint: tht:lll:e :'olorth lO degree~ 42. rninutcs 04 seconds '1'>1C3t for n distance of 108.42 te~t to the H{U.I::i I'Of.N OF BEGINNTNG; THENCE o~lh 1 0 .Jc:grt:t:s 42 nLiuutc~ 04 scwu.:ls Wcs.t for 11 distru.lCC nf nil. R2 f~et to a Jl(liut; TIIT:NCC North 54 dcgr='l SO minulc~ 30 ,;oc.unds Cnr.t let o di~tanre o~· 144.27 f::et tl) a. poim; THENCF. NurUl 35 de.grees 09 lllinlltC 31) Sl~tlnnrls w~t fi1T tl di::;umc~ ul' 240.&9 feet ton point; Til ENCE ~orth 02 d¢&ree" 3ft minute::: 50 seconds \\'est for a distmce of340.~l! feeuo n point 11I:m\CE l\orth 3~ dcg:r~;~::; 42 minut~ 4f; st:cumh Ea,l fi.or <1 dislunce of 8L.99 f,~t~l ''' u p1)int; TH.bNCE North B9 dc~c~s 34 minutes 36 seconds Ea.• I fnr u distuno: l)f 157 .51;1 teet to a point; THE:'-ICJ::: South R4 degn::cil 56 minutes(){) se.:.ond~ E.1st for a distu1oc of 15}.54 ft:~tt.u "'poim; 1HEI\CE nlong a curve to the rii!l1l h:~·•ing u radius of K22.Hll feet und un occ length <'f3R.39 f'i:el, b~ing subte1~deJ by a chC·i'd i'lt' Nonh l16 degree~ 25 minute~ 05 seconds ~st for H distance or 38.38 fed k, :1 poin:: THENCE North 07 degrees 45 rninuh:..s 21 :.econds East for a d istnnce of 20S.% Je¢t 11) 11 fl<)int; Page 6 of7 z ,, .... RECEIVED VAR 2 7 :W CIT Or· II ILl vN COMMUNITY PE'VE OPMENT -----______________________ _. TITF.KCE r.;loug ~<curve to the l~fi having a ra:iius ofl0.0(o l~ct and .,n ~rc lc~nf,lh oi"1L41 feet, being sub~cndcd by a dlllrd of North 37 deb'Tees 14 mlmncs 39 s~C<Jnd~ Wc~tl(ll u disltmce of 28.28 reel m a point. said puint being 22' mutherly from the co:nterliue of\Val'>ons lkod (a Privn:e Ro~dway); THENCE uhmg Ute bOllth right of~'ft)' lit,e of \V:Uson · s Dend (a vHriHhle R:\V), South 80 degrees 11 rn.inutes ~X lleC(IIlds East for a d.i.:ilimC of 20.46 feet tc• u point ~.ltt the t<lst lic:e of L."'..nd TAt 396 oflJisb.ict 2. Section 2, Fulton County (being alsu the ,.,.·~st line or Land Lul :l96 of District?., Src:tinn ·, Fnrsylh County and the l.:llLUil.)' liu~ l.x.'t\\'tl;ll fulton and fon.ylh); THENCE South fl de~t·ees 35 minutes :zs sccomJs East f(lr a dist~11cc of946.49 feet along ca..t line c•fLamllo!!> 396 ru:d J!/7 of District 2, Section 2, Full on County (b~ing also the west line <Jf Land LJt~ 391'1 :nul :';1)7 i)fl)i~trict 2. Section 1, Fon.yth Coum~· and the counL;r line between Fult(}n rmd Fm~)'ih) l<> .1 pllinl; lliJi.NCii Je.~ving saill~:ounty line, South 69 degJccs SO minutes 58 scc(lnd.'i \Ve:;t for a. d:srance of369.41 f~t to the: poLnl. c.fbcginnin~. Tog~th.;;r witl·. und HubjGCL lo co••eoout~, e<l~ement5, and restriction:; vf recn r'd. Saio property conmins 6.431 :1crcs. Page 7 of7