HomeMy WebLinkAboutResolutions 19-06-509 - 06/17/2019 - Resolution 19-06-2019 includes Ordinance 13-12-192STATE OF GEORGIA RESOLUTION NO, 19-06-509
COUNTY OF FULTON
RESOLUTIONO CORRECT THE MINUTES OF THE DECEMBER 16,2013
REGULAR MEETING OF THE CITY COO CORRECT
ORDINANCE APPROVED BY THE CITY COUNCIL
REZONING ..D.VARIANCE APPLICATION ;. 16 SUBMITTED BY
ARROWHEAD REAL ESTATE PARTNINORDER TO ACCURATELY
THE DISCUSSION, ACTIONS DI DECISIONS OCOUNCIL AT THE
MEETING
WHEREAS, on December 16, 2013 the Mayor and City Council of the City of Milton
(the "Council") met in regular session to consider business properly before it;
WHEREAS, at the Council's December 16, 2013 regular meeting the Council considered
a rezoning application with a concurrent variance submitted by Arrowhead Real Estate Partners
given application number RZ13-16/VC13-06, considered Agenda Item No. 13-286 and shown as
Zoning Agenda Item #1 ("Arrowhead Application");
WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the
minutes do not accurately capture the discussion of the Council at the meeting with respect to the
Arrowhead Application;
WHEREAS, upon review of the December 16, 2013 meeting video, it appears that the
minutes do not accurately capture the actions of the Council at the meeting with respect to the
Motion and Vote on the Arrowhead Application insofar as the Motion and Vote on the Arrowhead
Application occurred as follows:
Motion and Vote:Councilmember Lusk moved to approve Agenda Item 13-286 as
recommended by Staff with the following conditions:
® Section (1)(b) -- No more than 27 total dwelling units at a maximum density of 2.97...
® Section (3)(e) — Minimum heated floor area per units — 2,800 square feet, minimum
average would be 3,000 square feet.
® Section(3)(h) — Minimum side yard setback — 7 feet.
® Remove Section (3)0) which results in denial of VC13-06.
• Section (3)(1) — After "City Architect" add the verbiage "with a minimum of 7 homes
to have front brick elevations and 360-degree architecture.'"
Councilmember Kunz seconded the motion. The motion passed (5-2). Councilmember
Mohrig and Councilmember Hewitt were opposed.
Page 1 of 22
WHEREAS, the purpose of official minutes is to accurately reflect the actions and
decisions of the meeting by the agency for which they are prepared;
WHEREAS, the Council desires to amend the minutes of the Council's December 16,
2013 meeting in order to fully and accurately capture the actions of the Council with respect to the
Arrowhead Application;
WHEREAS, the Council desires to correspondingly correct Ordinance No. 13-12-192 to
read as shown in Exhibit "B" in order to fully and accurately reflect the decision of the Council
with respect to the Arrowhead Application; and
WHEREAS, this corrective action by the Council is not an amendment to zoning such as
requires adherence to the Zoning Procedures Law and/or applicable zoning requirements of the
City of Milton Code; rather, this action is merely administrative in nature to ensure that the minutes
and related Ordinance pertaining to the Arrowhead Application accurately reflect what transpired
at the meeting.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton that,
The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of
the City of Milton are hereby deemed amended and corrected to incorporate the language
attached hereto as Exhibit "A" beginning with Mayor Lockwood's comment "going once"
through and including the final statement by Mayor Lockwood: "Okay, any other
discussion? Alright, all in favor please say aye. Any opposed? (Councilmember Hewitt
and Councilmember Mohrig raised their hand) That's 5 in favor, 2 opposed,"
2. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013
regular meeting minutes - at the agenda item pertaining to the Arrowhead Application -
that provides that the meeting minutes and related Ordinance are deemed amended and
corrected by and through the present Resolution, with the asterisk text providing sufficient
cross-reference information that a reviewing party can easily locate the present Resolution
(such as, "See Resolution No.19-06-509 which corrects the Minutes pertaining to below
agenda item 13-286.");
3. The minutes of the December 16, 2013 regular meeting of the Mayor and City Council of
the City of Milton are hereby further deemed amended and corrected to revise the "Motion
and Vote" portion of the Council's consideration of the Arrowhead Application to read:
Motion and Vote: Councilmember Lusk moved to approve Agenda Item 13-286 as
recommended by Staff with the following conditions:
• Section (1)(b) — No more than 27 total dwelling units at a maximum density of 2.97...
• Section (3)(e) — Minimum heated floor area per units — 2,800 square feet, minimum
average would be 3,000 square feet.
• Section(3)(h) — Minimum side yard setback — 7 feet.
• Remove Section (3)0) which results in denial of VC13-06.
Page 2 of 22
• Section (3)(1) — After "City Architect" add the verbiage "with a minimum of 7 homes
to have front brick elevations and 360-degree architecture."
Councilmember Kunz seconded the motion. The motion passed (5-2). COUricilmember
Mohrig and Councilmember Hewitt were opposed.
4. The Clerk is hereby authorized to physically place an asterisk on the December 16, 2013
regular meeting — at the location of the actual motion regarding the Arrowhead Application
- that provides that the meeting minutes, text of the pertinent motion, and related Ordinance
are deemed amended and corrected by and through the present Resolution, with the asterisk
text providing sufficient cross-reference information that a reviewing party can easily
locate the present Resolution (such as, "See Resolution No.19-06-509 which corrects the
Minutes pertaining to below agenda item 13-286.");
5. Ordinance No. 13-12-192 is hereby corrected to read as shown in Exhibit `B" in order to
fully and accurately reflect the decision of the Council with respect to the Arrowhead
Application.
6. Notwithstanding the adoption of this corrective Resolution, the date of the conditional
approval of the Arrowhead Application shall be and remain December 16, 2013.
7. Other than the asterisk(s) and cross-referencing text identified above, no other modification
of the December 16, 2013 minutes is authorized by this Resolution.
SO RESOLVED, this 16th day of June 2019.
Attest:
es�A C
Sudie AM Gord n, City Cl rk
Joe Lock oo ay
Page 3 of 22
Exhibit A
Mayor Lockwood
Going once.
Councilmember Lusk
Let me figure out how to craft this.
Mayor Lockwood
Alright, Bill.
Councilmember Lusk
I make a motion to approve RZ13-16/North, without VC13-06, Northeast corner of Bethany
Bend and Cogburn Road by Arrowhead Real Estate Partners, LLC to rezone from AG-1
Agricultural to NUP Neighborhood Unit Plan to develop 27 single family homes at a density of
2.86, 2.97 units per acre. Two, with a seven -foot side setback, 2,800 square foot minimum
heated living area with a 3,000 square foot average heated living area, 25% of the units to be 3
sides brick...
Councilmember Thurman
Conditions as stated by staff in the report
Councilmember Lusk
And the conditions other conditions stated by...
Mayor Lockwood
And, can I make a clarification?
Councilmember Longoria
Yea go ahead.
Councilmember Mohrig
You need to deny the....
Page 4 of 22
Mayor Lockwood
I think the 2,800 to 32, you know, was the range, I don't think that, you know, in the discussions
that we heard, a 3,000 average it was 2,800 to 3,200 to 2,800 being the minimum.
Councilmember Lusk
Okay.
Councilmember Longoria
Bill, the other question I would ask is do we really want to get into explaining or deciding what
materials were going to be used. I thought that the conversation opted out at let the builder build
something, a product that's going to sell as opposed to try to dictate what's going to sell but, I
mean, it is your motion, you do what you want.
Councilmember Lusk
Oh, I think Mr. Hicks, and correct me if I am wrong, agreed to 25% of units to be 3-sided brick.
Is that correct, sir?
Curtis Hicks, applicant
Basically, it's a mixture of materials it be at least 25% will have brick fronts and they may have
cedar shake on other sides around them, but we had agreed just to be brick fronts with again the
Crabapple product has been approved by the staff it has some siding and some cedar shake as a
combination of elements wrapping the house.
Councilmember Mohrig
Question.
Mayor Lockwood
You could do a 25% parts you know if could be a brick or stone, you know.
Councilmember Mohrig
And, Bill are you going to suggest that we deny the variance of the width between the homes
reducing....
Page 5 of 22
Councilmember Lusk
I am going to address that....
Councilmember Mohrig
Okay.
Councilmember Lusk
So, going back to clarify 25% of the units to have brick fronts.
Correct, brick elevations, yes, front elevation; brick on front elevation.
Councilmember Lusk
Front elevation and you captured that.
Mayor Lockwood
You want to restate it Bill? Let's clean it up and let's restate it.
City Manager Lagerbloom
Could you yea give me 60 seconds to kind of summarize the thoughts of what I think he just did,
and I'll try to read back what I think we captured that would make it that would capture your
motion.. And, I'll start that then I'll have Ken maybe explain how you can get rid of, if you want
to, the variance. I think what I heard you say was to approve RZ13-16 with staffs recommended
conditions amending condition I (b) to change the number 28 to number 27, to change 3.08 to
2.97, further amending 3(h) to change 5 feet to 7 feet, further amending 3(e) by adding that the
average square footage would be a minimum of 3,000 square feet, and changing 3(l) to include
after assistance from the city architect with a minimum of 7 seven homes having brick
elevations. I will turn it over to the city attorney as to how you could structure doing away with
the variance.
Councilmember Lusk
Excuse me, could you clarify the 3,000 square foot number? I believe you said 3000 square foot
average.
City Manager Lagerbloom
Page 6 of 22
I think that's what I heard you say.
Councilmember 'Thurman
A 2,800 square foot minimum with 3,000 square foot average.
City Manager Lagerbloom
Correct, yes, to keep it as it was but add to it that, add to the 2,800 square feet minimum that an
average would be 3,000.
Mayor Lockwood
Kathy, do you want to just clarify because I know there was some conversation and I think you
had said 2,800 minimum, and again I'm...
Yes, our condition was 2,800 minimum the technical report that Curtis quoted me saying which
is contained in there says that it would be an. average of 3,000 because there would be a
minimum of 2,800 and up to 3,200. If I might also in terms of the brick, I think that what needs
to be captured is front brick elevation and then or alternatively is the city architect sitting behind
me has suggested is that we just put in there something along the lines of a mandated 360
architecture so that all sides are designed and captured so there is no back side or whatever so
that is another alternative just to put into the mix.
City Manager Lagerbloom
So, I guess I _just need to hear you articulate what you're intending to do and then we will put the
words around it.
Councilmember Lusk
I agree with Kathy's last explanation and definition of the use of brick.
:fif=ill , iFT�t3a'9iI�T3�J 7 [i�iTi
Okay, so let me take one more stab at this then. So, I believe the motion would be to approve
RZ13-16 and deny VC13-06 with the following amended conditions: to make condition 1(b) to
change the number 28 to 27 and to change 3.08 to 2.97, further amending condition 3(h) to
change the number 5 to the number 7, further changing condition 3(e) by adding after the
minimum heated floor area per units of 2,800 square feet to include a minimum average of 3,000
Page 7 of 22
square feet and amending 3(l) to indicate that after the words with the assistance from the city
architect, to have a minimum of Z homes have front brick elevations.
Councilmember Thurman
And, 360-degree architecture...
City Manager Lagerbloom
And, 360-degree architecture.
Mayor Lockwood
Which to clarify; I think means all sides would be equal....
City Manager Lagerbloom
It would have to have architectural review.
Mayor Lockwood
Okay. Is that your motion?
Councilmember Lusk
That is my motion.
Mayor Lockwood
Okay, do I have a second?
Councilmember Kunz
Second.
Mayor Lockwood
Okay, we have a motion as read into the record from Councilmember Lusk and a second by
Councilmember Kunz. Is there any discussion?
Page 8 of 22
Councilmember Hewitt
I've just got one thing to say. Four or five years ago we passed a sewer map and this lot wasn't
included on it and I supported that map and in the past when we have had others that have come
forward, I haven't supported those and for that reason I won't support this one either. I do think
it is a little too dense. I don't think I have heard from the neighbors arguing that they can see the
roof tops or any of that kind of stuff so that's why I am not going to support it.
Mayor Lockwood
Okay, any other discussion? Alright, all in favor please say aye.. Any opposed? (Couneilmernher
Hewitt and Councilinember Mohrig raised their hand) That's 5 in favor, 2 opposed.
Page 9 of 22
EXHIBIT B
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 13-12-192
PETITION NO. RZ13-16/VC13-06
A CORRECTED ORDINANCE TO REZONE FROM AG-1 (AGRICULTURAL) TO NUP (NEIGHBORHOOD UNIT
PLAN) FOR A 27 LOT SINGLE FAMILY SUBDIVISION PROPERTY LOCATED AT THE NORTHEAST CORNER
OF BETHANY BEND AND COGBURN ROAD CONTAINING 9.0911 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 17,
2019 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 at the
Northeast Corner of Bethany Bend and Cogburn Road, consisting of a total of approximately 9.0911
acres as described in the attached legal description, be rezoned to the NUP (Neighborhood Unit Plan)
District with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 832 of the 2"d District 2nd Section, City of
Milton, Fulton County, Georgia; and
SECTION 2. That the NUP (Neighborhood Unit Plan) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 24 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, which reflect correction pursuant to Resolution No. 19-06-509 .
Page 10 of 22
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. ORDAINED this 17th day of June 2019.
Attest:
Sudie AM Gordon, City Clerk
Approved:
l�
Joe Lockw9dd, Mayor
Page 11 of 22
If this petition is approved by the Mayor and City Council, the rezoning of property
located on Bethany Bend Road with a frontage of approximately 1,371 feet should be
approved for NUP (Neighborhood 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 27 total dwelling units at a maximum density of 2.97 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 November 12, 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.
Page 12 of22
3) To the owner's agreement to the following site development considerations:
a) Minimum lot size - 4,750 square feet
b) Maximum building height - 40 feet
c) Minimum lot width- 47 feet
d) Minimum lot frontage - 45 feet
e) Minimum heated floor area per units - 2,800 square feet, minimum
average of 3,000 square feet.
f) Minimum front yard setback - 20 feet
g) Minimum side yard setback adjacent to street- 10 feet
h) Minimum side yard setback 7 feet
i) Minimum rear yard setback- 20 feet
j) Provide a 20 foot wide landscape strip along Bethany Bend and
Cogburn Road interior to the 10 foot Milton Trail, landscape design along
Bethany Bend and Cogburn Road shall be substantially consistent with the
renderings submitted to the Community Development Department on
November 13, 2013 or as approved by the Community Development
Director with assistance from the City Architect.
i) Provide an equestrian style, four or five board fence not to
exceed 55 inches in height interior to the Milton Trail.
ii) Provide a minimum five (5) foot pervious walkway along the front
of homes adjacent to Bethany Bend Road (interior to equestrian
fence) and provide interconnectivity with the Milton Trail as
approved by the Community Development Director.
k) Construction and design of residential structures shall have 360-degree
architecture and substantially consistent with the photos submitted to the
Community Development Department on November 13, 2013 or as
approved by the Community Development Director with assistance from
the City Architect, with a minimum of 7 homes to have front brick
elevations All single-family residential structures will be reviewed and
approved by the Community Development Director with assistance from
the City Architect.
l) All front porches shall be a minimum of eight (8) feet in depth.
Page 13 of 22
m) All structures located on a corner shall provide additional architectural
design of elevations facing the secondary street/driveway as approved
by the Community Development Director with assistance from the City
Architect.
n) Provide a 75 foot undisturbed natural buffer and 10 foot wide
improvement setback along the north property line as depicted on the
revised site plan submitted on November 12, 2013 except for the
proposed stormwater facility and limited grading as shown on the grading
plan received by the Community Development Department on
November 18, 2013. In addition, where necessary provide additional
plantings in the buffer as approved by the City Arborist.
p) Provide a maximum eight (8) foot equestrian style fence wrapped with
hog wire along the north property line or as needed to avoid specimen
trees.
q) The subject site shall not be allowed to be a "sending" or "receiving" area
for "Transfer of Development Rights.
r) Grading shall be limited to areas shown on the grading plan received by
the Community Development Department on November 18, 2013.
Graded areas shall be replanted as approved by the City Arborist.
4) To the owner's agreement to abide by the following requirements, dedication, and
improvements:
a) Dedicate at no cost to the City of Milton prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following as required
and approved by the Public Works Department:
i. Provide 10 foot concrete trail and 5 foot landscape strip behind
back of curb along entire property frontage of Bethany Bend
1) Proposed right-of-way shall be located no closer than
one foot behind the back of sidewalk
Page 14 of 22
ii. Installation/modification of the following transportation
infrastructure according to Chapter 48 Streets, Sidewalks and
Other Public Places of the City of Milton Code of Ordinances
1) West Bound Right Turn Lane on Bethany Bend at
Cogburn Road
a. Modification tosignalmast arm (match existing in like
kind) at northeast corner intersection to accommodate turn
lane and sidewalk improvements
2) East Bound Left Turn Lane on Bethany Bend at new
access drive
3) West Bound Right Turn Lane on Bethany Bend at new access
drive
b) Provide a 50 foot wide cross -access easement free of any structures or above
ground utilities for future vehicular and pedestrian inter -parcel access on the
east property line as required and approved by the City of Milton Public Works
Department.
c) Reserve for the City of Milton, sufficient land as necessary to provide for
compliance with the Comprehensive Transportation Plan and the proposed
intersection improvement project PI 0012625 SR 9 at Bethany Bend. Reservation
shall be approved by City of Milton Public Works Department.
d) The 130 foot wide greenway/passive park along Coburn Road shall remain
undeveloped with residential structures and be included as "Common Area in
the final plat. In addition, the future owner shall make the "Common Area" a
permanent conservation easement.
e) Apply deed restrictions to the "Common Area" preventing future sewer
easements through said property.
f) Relocate above ground power line to an underground easement and new
power service to 13965 Cogburn Road with no interruptions.
Page 15 of 22
5) To the owner's agreement to abide by the following:
a. 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.
b_ 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.
Page 1.6 of 22
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Page 18 of 22
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Page 19 of 22
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Proposed Architecture submitted on November 13, 2013
I'a(,e 21 or22
LEGAL DESCRIPTION
AI I that tractor parcel of land I}tng and being located In Land -ot H32 ar the Ind District, 2n d Se:tlo-r,
Qt4 or Ninio i, Fuim i County; Ceogla, being more particularly deserlhed as blimws
Beginning tlta 1' open toll p:pe of the mriier rommoa to I and Ini5 R75, 476, 911 aixi £137, sald point
being the TRUE POINT of 6-G IN NI tf G; thence, 5 01'00'OE' C a distance of 237_BG (eeL to a puint on the.
northern R/%V of oelharp Bend I311' from center}; thence, Westedy, the falloming muses and distances
a:nrg Bo:hany Bend: N 75"54'10" IN a distance of 2AS feet Lou paint; thence, N 79'34'24" W a d:stamc
of 53.28 feet to i polni; thence. N 83'54'45" W a c istance of 51.19 feet to a point; iY ence, N SW I V51"
1'i a distant,: of 53.09 fcc L to a point: tl:cnce, : 87'43'25" W d distance of 52 72 =eel to a point; Lhence,
S 8331'29" W a distant of 51,76 reel to a puii n; llitenae, 5 79'49'20" W d digWILC L•f 50.00 feet to 0
point; thence, 5 77'I7'21" W a distance of :0A5 feet 10 a point; thence, 5 76'31'36" W a distance of
50.03 foot tc a point; thcno , 5 76'41'10" 1r1 a iistance of 14er57 feet to i point; thence, S 75'44-47" Vv
a distance of 10-63 feet to a point, thence, 5 76"16'01' V: a distance of 15095 feet to a part, .hence. S
77'4V1(Y" W a distance of 149.40 feet to a paint; thence, S 77'38'11" W a distance of 151.10 feet to a
point: thence, 5 77'21'56" W a distance of 158.26 feet to a point at :he KR W ntersectlor, of the
Rnrtherly 10V cf Bethany Rend I30' from tenter) and the Easterl;, R/W of Cogbcrn Foad i30' from
crulrr}; lheace, Nuithe "ly, the fallowirb Courses and distances alwigCogbuin Rudd_ N CO'36'12' W' d
distance of 32.9n feat to a paint; thence, N 00':36'12" W a distance of 99AB feet to a paint; the-vre., N
rJ0'S9'40' W a distance of 101.01 feel to a point; thence, N 01'01'41" W ] distance of 100.07 feel to a
quint; thence, N W'S4'tlfi" 'At a dlsta ^era of I IJr .47 feet to a paint; thence, departing to if. R/'N, N
R9'fS7'41,' F a rii%t:snrr• of mn.67 fpm I f7' npen inp plpr; thence, N R4'40'7n" F.,ditf-mro of 44tA7
feet .a a 1" ei hewn top r>wr; LI le "ice., N 87"30'23" E .i tfiskawx or 550.39 IrL L to Ur_ TRUE 'DINT OF
EEGINNI\G
Said tract contains 9A411 Acre
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Page 22 of 22
RECEIVED
CITY OF roI'LTUN
COMMUNIrY DEVELOPMENT