HomeMy WebLinkAboutOrdinances 18-11-384 - 11/05/2018 - ZM18-02/VC18-08ORDINANCE NO. 18-11-384
PETITION NO. ZM18-02/VC18-08
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITION OF ZM14-03 BY THE CITY OF MILTON CITY
COUNCIL ON JUNE 16, 2014 AND CONDITION OF ZM14-06 BY THE CITY OF MILTON CITY
COUNCIL ON JULY 21, 2014 FOR PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372)
AND BIRMINGHAM ROAD WITHIN LAND LOTS 379 380 413 414 2ND DISTRICT 2ND
SECTION CONSISTING OF APPROXIMATELY 22.12 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on November 5, 2018 at 6:00 p.m. as follows:
SECTION 1. That a condition of ZM 14-03 approved by the City of Milton City
Council on June 16, 2014 and a condition of ZM14-06 approved by the City of Milton
City Council on July 21, 2018 property located on Birmingham Hwy (SR 372) and
Birmingham Road consisting of a total of approximately 22.12 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this ordinance are hereby repealed; and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 5th day of November, 2018.
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Attest:
Sudie Gordon, ClyClerk
Approved:
Joe Lockwood, Mayor
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions should be revised to read as follows:
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Retail, service commercial and/or office and accessory uses, including all
exterior food and beverage service areas, on 6.63 acres within the Southeast
Quadrant of the Birmingham Neighborhood Node at a maximum density of
452.49 gross square feet per acre zoned for retail, service commercial uses
and 2,564.10 square feet per acre for office uses or a total of 3,000 square
feet of retail, service commercial and 17,000 square feet of office, whichever
is less, but excluding billboards, vape and tobacco shops, fast food
restaurants, gas and service stations, commercial amusements (cinemas not
included), liquor package stores, motels, hotels, adult entertainment
establishments, check cashing stores, pawn shops, coin operated laundries,
convenience stores, video arcades, pool halls, massage parlors, nail salons,
beauty salons, barber shops, flea markets, discount retail shops, roadside
vending, roadside produce stands or seasonal vending. Above described
acreage shall be zoned MIX (Mixed Use) Conditional.
c. No more than 25 single family dwelling units on 6.63 acres within the
Southeast Quadrant of the Birmingham Neighborhood Node at a maximum
density of 3.77 units per acre, whichever is less. Above described acreage
shall be zoned MIX (Mixed Use) Conditional.
e. To provide an executed copy of a recorded Deed of Conservation
Easement which includes the Village Green, Open Space/Park, Stormwater
Management Facility, and Rural Viewshed in perpetuity prior to the issuance
of the first Certificate of Occupancy for the development. The
developer/owner will be responsible for maintenance of the Village Green,
Open Space/Park, Stormwater Management Facility, and Rural Viewshed
and shall be open for use by the public.
f. Provide a minimum heated floor area of 2,400 square feet per
dwelling unit.
g. No more than 10 single family lots within the AG -1 (Agricultural) District
2. To the owner's agreement to abide by the following:
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a. Substantial compliance with the revised site plan received by the
Community Development Department on October 18, 2018, and
whereby the exact layout of the project may contain minor
deviations approved by the Community Development Director
provided the deviations remain consistent with the purpose and
intent of the Council's approval of the petition. Notwithstanding
the contents of the site plan, the project must meet or exceed the
requirements of the Zoning Ordinance, all other applicable city
ordinances and these conditions. The site plan may be revised with
the approval of the Community Development Director in order to
comply with city codes and zoning conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior
to the issuance of the first Certificate of Occupancy.
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 (GDOT) prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide the following:
iii. Provide a 50 foot wide pedestrian trail easement free of any
structures or above ground utilities and construct the
improvements in the location shown on the revised site plan
received on October 18, 2018 or as required and approved
by the City of Milton Public Works Department. Pedestrian trail
shall be open for use by the public.
n. All street improvements shall extend across the entire street frontage.
Sufficient public right of way shall be dedicated at no cost to the City
or Georgia Department of Transportation to ensure that all
improvements are contained within the right of way.
6. To the owner's agreement to the following site development considerations:
q. To delete the 75 foot undisturbed buffer and 10 foot improvement
setback along the south property line of the MIX zoning district
adjacent to AG -1. (VC 18-08)
r. A stormwater management park that will serve as an amenity shall
be created through a combination of the following landscape and
hardscape elements as approved by the Director of Community
Development:
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Landscape materials around the stormwater pond shall
consist of evergreen and deciduous trees and shrubs, as well
as groundcovers, ornamental grasses, and perennials that are
native to the region and require little maintenance. The
plantings shall be designed to create aesthetic appeal and
highlight the pond as an amenity rather than provide an
evergreen screen to block views to it. The shallow areas at
the edges of the pond shall be planted with native aquatic
plants to create an appropriately vegetated littoral shelf.
II. Hardscape materials within the stormwater management
park shall be specified as shown on Exhibit A and the
pedestrian trail system should consist of natural materials
suitable for location in a stream buffer.
III. The stormwater management park and stormwater
management facility shall be constructed in substantial
compliance with the plans as depicted in exhibit A and
exhibit B and as approved by the Director of Community
Development.
S. Mail Kiosk and sanitary sewer lift station enclosure shall be subject to
the approval of the City Architect.
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EXHIBIT A
Page 7 of 9
TIVE 11
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Exhibit A
Property Oescriptiotl
All: at t*ac: or parce. cf laic .yiny as a )6.ng .rs Land Lob 376•, 38:, 413 and 414. 2n= Dstriot, =" Section of
Fulton Courtly, Georgia anti W rig mere partir:ularly cescribec 83'`n ir,f
Commencing eta pairI at !he intersoeaon of the soutnorly rght of way of Birmingharri Read shaving a variabae width right -
of -nay) and tho oasicny rgrrt of woy of S;•m ngrar Highway A.K.a. State Route 372 {hao ng an appamn- variahie right -0' -
way;; thence. leaving :he said point o' commencement and rLnrirg with the sc,rherly right-of-wey of said Birmingnam
Road South 72" 48'12' East, 376.3 fit t^ a W rebar fa. nd and inp. POINT OF REGINNING: thence, learirg the said
Point rd Raginn.na and rnnhmmng aicng the aair- right-of-way of Birmingham Road
1. SoLth 72' 4e '2" Eas. 249.46 feet to a 3' Owed iron ern fo�r0:1f',ae".ce, leaving the said qft-cf-way of
Birmingham Roan e'd rinni'ig
2. SoLth 34`• 54' 35' Wes:. 520.66 feet to a point. thence,
3. North 89° 41' 16" East. 7101.86 feet to a point at tine common corner of Land Lots 38C, 361.412 anc 413 df the
aforesaid Distret snv Section; raence, lea+:ng
said Land Lot corner a• a, running wi'ri 1he east line or sa ,d Lard Lot
4'3
4 South 30' 06 - e" Nes:, 635.92 fjet to a 1' cr-mp lop pipe fourd; thence, leaving the said Ine of Land Lot 413
5 North 89" 59'32- West 533 37 feet to a poirr lo.rrd in the centerline of an unnamed creek; tt'.encae. continuing
along he said oer.terlire of creek
6 North 52' 59'46* West 23.38 fee-; therce.
7. KOMI 33" 14'30- West 46A41ee.: therce.
S. SOUM 53' 36 29' Was:, 8.76 fent, thenco,
9. North 81` 46'v2'West 22.74fee:;therce. RECEIVED
10. Nui4121" 15' 34 WesL 16. 19 fir., thumm
11. Korth 70° 39' 17' West, 10.:12 fee.; therce
12. Kalh 16' 20 35' West, 15.74 fee:; therce j[j' 18 2018
13 South 70' 01' 49" Wost, 29.'0 scot; honcc.
14. hoelh B'° 3" 34' Wast; 44.39 fae-.; therce City of miltl}n
15 North 42' 14 t?"West 13.33 tee-; thsres Comrlrunity Dcvelopmenr
16. Korth 18° 13. -'.4" West; 1,).63 fee:; there
17 Kurth SLY fl" �e' ' West 17 54 fee'; therce
18. Kadh 1.2125'3G West 24.14 ftp-; theme
19. South 67' 13' 57" Wes,. 12.39 feet; thence. rrr�1� V66
I
20. South 42' 61' 59" West, 27.80 feet; thence. �4 too .
2t. Kath 12'33 18" West 2x,95 fee:; tnerce (i�r
22. North 60° 54 14" Was*, 33.90 fea'; tnance.
23 Norlh 20" 13' 33" Wes . 1:C'.98 ze:; i^enoe.
24. South 35' 01' ' 3" West, 15.45 feet, thence,
25. South 38'' 7' ' 3" WL -It. 14 51 feet, thence.
2B. Korlh 84" l8 1:" West, ld.14 'tee:; r112.10e
27 Korth 75' 01' 22" WesL 33.441ez : treice
28 South 79' 47' 42" West, 25.25 (cot, thentm,
29 South 69' 51' 54" West, 34 37 feet: thence,
30 Norlh 42" 58' 37" West, 113.78'bet; manor.
31 North 73' 25' 4n' Weet. a 93 font Bance.
32 Norah 27'37' 52" West, 12 79 foot w a point; thence, leaving -he said cama,line of creek and rumir9
33 Norih '7" " 2' 42" West, 100.00 fee: to a SA" rebar foune; thence.
34 Narlh 92' R' 07' WeRt. 392 00 fRe: to a h" rebar lot -la on the a!oresald easter y elght-ot-way of Blrminghar-
Highway; therce. continung along tre said rgnt-cf-way of Birmingham Highway
35 Norlh 02' 0 r 00" East. 61 47 feet to a coi rt: thence.
36 Norah 03'22'61" East, 1C2.66 feet to a ocint trence
37 North 02' 54' 03" East, 173.31 feet A a point thence
38 Norlh 45' 26' 07" East, 3135 �7 feet tc a/,' r+ebar found: therce riving the ataresaic ight-of-way cf Birmingham
Highway
39 Norh 89' 30'01" Fast, 376 14 feet to a'%" rebar foLne; thence.
40 Nor -.h o5° 13' 49" East, 115. 34 *eel to ra'h" reaa' touno ana Me Potnt of Beg,nnlrg.
Saia describad pope ty contains 963 502 aquae roe: u• 22.11913 a:acs ur lur d amusia, loss and is aau.ajt%Lt:o alt rig -its -at -
way and easements ootn recorded anc unroc>vrded.
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