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HomeMy WebLinkAboutPacket - PC - 12-19-2018 PLANNING COMMISSION AGENDA City Council Chambers 2006 Heritage Walk Wednesday, December 19, 2018 6:00 pm 1. Pledge of Allegiance 2. Call to Order 3. Public Comment 4. Approval of Action Minutes a) October 24, 2018 Planning Commission Meeting 5. Preliminary Plat a) 2785 Francis Road – Old Field Subdivision 6. Rezonings a) RZ18-14/VC18-09 - 3475, 3485, 3495, 3499, & 3501 Bethany Bend by Bajun American Properties to rezone from TR and AG-1 to TR to develop 54 residential units (condominium) at a density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials listed (Sec 64-1095 (p)). 7. Adjourn Immediately following the adjournment of the Planning Commission Meeting, Planning Commission Members and City Staff will be meeting at The Duke’s Bar and Grill located at 12635 Crabapple Rd #120, Milton, GA 30004 for a Holiday Dinner. 12/14/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on December 19, 2018 1 of 4 PRELIMINARY PLAT SUBMITTAL Old Field PROPERTY INFORMATION LOCATION 2785 Francis Road DISTRICT, LAND LOT 2/2 617 and 680 OVERLAY DISTRICT Rural Milton Overlay EXISTING ZONING AG-1 (Agricultural) ACRES 10.202 acres EXISTING USE Single Family Home PROPOSED USE 7 Single Family Homes OWNER/DEVELOPER Georgia – Tennessee Development Partners, LLC ADDRESS 4200 Northside Parkway Building 14, Suite 100 Atlanta, GA 30327 ENGINEER LCE Engineering, Inc. 603 Macy Drive Roswell, GA 30076 PROPOSED PRELIMINARY PLAT To propose a 7 lot single family subdivision on 10.202 acres at an overall density of 0.69 units per acre on AG-1 (Agricultural). 12/14/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on December 19, 2018 2 of 4 LOCATION MAP 12/14/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on December 19, 2018 3 of 4 12/14/2018 Prepared by the Community Development Department for the City of Milton Planning Commission Meeting on December 19, 2018 4 of 4 Based on the submitted site plan, the proposed preliminary plat meets the requirements of the applicable City codes as they pertain to development of the subject site. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 1 of 22 R/A RZ08-08/U08-04 Z18-14/VC18-09 PROPERTY INFORMATION ADDRESS 3501, 3499, 3495, 3485, 3475 Bethany Bend DISTRICT, LAND LOTS 2/2 971 and 972 OVERLAY DISTRICT State Route 9 EXISTING ZONING TR (Townhouse Residential) and AG-1 (Agricultural) PROPOSED ZONING TR (Townhouse Residential) ACRES 8.46 EXISTING USE Four single family residences PROPOSED USE 54 Townhomes PETITIONER Bajun American Properties L.P. – Korey Jones ADDRESS 282 S. Main Street Unit A Alpharetta, GA 30009 REPRESENTATIVE AEC, INC. ADDRESS 50 Warms Springs Circle Roswell, GA 30072 INTENT To rezone from TR and AG-1 to TR to develop 54 residential units (condominium) at a density of 6.38 units per acre and a 3 part concurrent variance to 1) delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) 2) to delete requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64- 1095 (o)) and 3) to delete requirement for 25% brick, tile, and remaining materials listed for accent materials (Sec 64-1095 (p)). Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 2 of 22 R/A RZ08-08/U08-04 COMMUNITY DEVELOPMENT RECOMMENDATION – DECEMBER 19, 2018 RZ18-14 – APPROVAL CONDITIONAL VC18-09 – PART 1 – APPROVAL CONDITIONAL VC18-09- PART 2 AND 3 - DENIAL Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 3 of 22 R/A RZ08-08/U08-04 LOCATION MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 4 of 22 R/A RZ08-08/U08-04 CURRENT ZONING MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 5 of 22 R/A RZ08-08/U08-04 FUTURE LAND USE PLAN MAP Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 6 of 22 R/A RZ08-08/U08-04 SITE PLAN SUBMITTED ON OCTOBER 30, 2018 Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 7 of 22 R/A RZ08-08/U08-04 SUBJECT SITE: The subject site contains 8.46 acres and is developed with four single family residences. A portion of the overall site, 4.94 acres had previously been rezoned to TR (Townhouse Residential) and a Use Permit for Senior Living at a density of 19.84 units per acre pursuant to RZ08-08 and U08-04. In addition, pursuant to RZ14-15, the applicant requested a rezoning from AG-1 and TR to TR to develop 76 townhomes on 10.17 acres which contained the current subject site. The applicant requested a withdrawal which was approved by the Mayor and City Council on April 27, 2015. The City of Milton Comprehensive Plan Update 2016 designates the subject site as MFR (Multi-Family Residential) and HDR-2 (High Density Residential) which allows 5 units per acre or more. SITE PLAN ANALYSIS Based on the applicant’s site plan submitted to the Community Development Department on October 30, 2018 Staff offers the following considerations: DEVELOPMENT STANDARDS – SEC. 64-669 TR (TOWNHOUSE RESIDENTIAL) Development Standards Proposed Development Building Height: SR 9 Overlay District requirement prevails which is a maximum of two stories with a maximum height of 30 feet from average finished grade to bottom of the roof eave. The applicant has agreed to meet this height standard. b. Minimum lot area or land area per unit shall be 2,000 square feet. Yes, Condominium c. Maximum density shall be nine units per gross acre 6.38 units per acre d. Minimum lot width shall be 25 feet No individual lots/Condominium e. Minimum TR development frontage shall be 150 feet 1,247 feet f. Minimum heated floor area per unit shall be 1,800 square feet. 1,800 square feet g. Minimum perimeter setbacks for the entire TR development shall be as follows: (1) Minimum front yard: 20 feet. (2) Minimum side yard. a. Adjacent to interior line: 30 feet. b. Adjacent to street: 20 feet. (3) Minimum rear yard: 35 feet. Meets all the perimeter setbacks Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 8 of 22 R/A RZ08-08/U08-04 Development Standards Proposed Development h. (1)Minimum front yard: 20 feet from right- of-way. (2) Minimum side yard. a. Seven feet adjacent to interior lot line, except that up to a seven-foot encroachment and maintenance easement may be provided on adjacent parcels, in combination with or in lieu of a side yard, such that a minimum building separation of 14 feet is maintained. b. Zero if units are attached, for example, townhouses on separate lots of record. c. Adjacent to street: 15 feet. (3) Minimum rear yard: 25 feet Meets the requirements. Development will be sold as condominiums. i. Minimum accessory structure requirements. Accessory structures may be located within the side or rear yards only but not within minimum perimeter setbacks or minimum yards. Meets this requirement. j. Required open space or recreational facilities. (1) For developments with more than 50 units, a minimum of 1,000 square feet per unit of open space or recreational facilities shall be required within the development. (2) For developments with 50 or less units, a minimum of 750 square feet per unit of open space or recreational facilities shall be required within the development. Meets the standard. The site requires 54,000 square feet of open space. The site plan provides 62,508 square feet. k. Minimum building separation when more than one building per lot. All building separations shall be as specified by the city's building code. Meets this requirement. l. Other minimum standards shall be as follows: (1) No more than eight dwelling units shall form a single building. (2) Setbacks and roof lines shall be varied by at least two feet so that no more than three adjoining dwellings within a single building shall have the same front setback or roof line. (3) A minimum of 80 percent of any common wall shall be contiguous with each adjoining unit. (4) When units are located on property adjacent to an exterior street: a. Shall provide rear loaded vehicular access and b. The front façade shall face the exterior street of the development. (5) Each unit shall provide two off-street parking spaces within the principle structure. Meets this requirement. Meets this requirement. Meets this requirement. Meets these requirements. Provides 2 car garages. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 9 of 22 R/A RZ08-08/U08-04 Staff notes that the site plan shows a variety of unit sizes, grouping size, and architectural design. The majority of larger and wider units are adjacent to Bethany Bend and the smaller units are toward the back of the property. All of the units are rear loaded for vehicles and the site is designed with no dead ends. The site provides for a large green/open space with walking trails on the southern portion of the site as well as preserving three specimen size oaks. Dispersed within the development are smaller greens for the use of the residents. Based on all the requirements noted above, the site plan indicates compliance with the development standards for TR (Townhouse Residential). STATE ROUTE 9 OVERLAY DISTRICT Townhouse developments are required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. The site plan indicates compliance with these standards with the exception of the following concurrent variances discussed below: CONCURRENT VARIANCE REQUESTS A variance must be based upon credible evidence submitted at a public hearing compliance with 1 through 4 of the following: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. Part 1: To delete the 75 foot undisturbed buffer and 10 foot improvement setback and replace with a 20 foot landscape buffer or 50 foot undisturbed stream buffer adjacent to all property lines abutting property zoned Townhouse Residential (TR) (Sec 64-1091 (b)) The applicant is requesting the above described concurrent variance. The applicant has stated that they will install a fence along the abutting property lines to Hidden Forest and provide a landscape plan to help ameliorate the impact of the proposed development. On the site plan there are areas adjacent to units 48, 45 and 44 through 40 where there is additional room to increase the landscape buffer to 35 feet. Staff also notes that along the property line, there are various green/open spaces that can be designed in such a way as to provide additional Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 10 of 22 R/A RZ08-08/U08-04 screening/space between the proposed townhomes and the existing homes within Hidden Forest. In addition, the proposed 54 units at an overall density of 6.38 is consistent with the 2016 Comprehensive Plan Update and compatible with the residential properties to the west and northwest. Based on these facts, Staff’s recommendation is that if this request is granted, it would not offend the spirit or intent of this zoning ordinance. The site is comprised of six parcels of various sizes and shapes that create an 8.46 acre parcel that is narrow, odd shaped and contains approximately 1.4 acres of flood plain on the site. Therefore, it is Staff’s recommendation that because of these facts, there are extraordinary and exceptional situations or conditions pertaining to this piece of property that the literal or strict application of the zoning ordinance creates an unnecessary hardship due to size, shape and the floodplain not caused by the applicant. Relief would not cause a substantial detriment to the public good and surrounding properties and that the public safety, health and welfare are secured, and substantial justice is done if approved with the following conditions to require a fence adjacent to Hidden Forest based on, an increased landscape buffer adjacent to the above mentioned lots, an agreed landscape plan with abutting property owners. Therefore, Staff recommends APPROVAL CONDITIONAL of VC18-09 PART 1. Parts 2 and 3: To delete the requirement for 75% per vertical wall plane of brick or natural stone (Sec. 64-1095 (o)) and to delete the requirement for 25% brick, tile, and remaining materials listed for accent materials (Sec 64-1095 (p)). Pursuant to Sec. 64-1095 (o) requires 75% per vertical wall plane of brick or natural stone and Sec. 64-1095 (p) for accent materials 25% of brick, tile and other materials for accent materials. The applicant is requesting relief from the required building materials for townhomes. The subject site is located within the SR 9 Overlay District which includes parcels on Bethany Bend going north toward SR 9 which is the only area left in this area of Deerfield and SR 9 not included in the Deerfield Form Based Code (FBC) approved by the City Council in 2015. The applicant is requesting the above two part concurrent variance in order to design the townhomes with a less heavy look of the predominately brick and stone that is required by the SR 9 Overlay District. Below are sketches that demonstrate the intent of the look as well as the massing and form. The applicant’s architect has worked closely with the City Architect to achieve the most appealing and updated design for the area. The applicant intends to incorporate some brick and stone in the design of the townhomes, but does not intend to utilize the 75% required per vertical wall plane or 25% required for accent materials. The City Architect continues to work with the applicant to provide more detailed designs/elevations of the materials for the buildings. Below are street view sketches of the site that show the building form, massing and architectural detail of the buildings. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 11 of 22 R/A RZ08-08/U08-04 Although, the applicant has provided good design for the project and worked with the City Architect, but does not meet all four of the considerations when evaluating a variance. It is Staff’s recommendation that they have demonstrated the following considerations: (1) Relief, if granted, would not offend the spirit or intent of this zoning ordinance. (3) Relief, if granted would not cause a substantial detriment to the public good and surrounding properties. (4) That the public safety, health and welfare are secured, and that substantial justice is done. The applicant has not demonstrated the following consideration. (2) There are such extraordinary and exceptional situations or conditions pertaining to the particular piece of property that the literal or strict application of this zoning ordinance would create an unnecessary hardship due to size, shape or topography or other extraordinary and exceptional situations or conditions not caused by the variance applicant. Therefore, Staff recommends DENIAL of VC18- 09, Parts 2 and 3. If the Mayor and City Council recommends approval of Part 2 and 3, Staff recommends that all architecture be approved by the City Architect prior to submittal to the Design Review Board. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 12 of 22 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 13 of 22 R/A RZ08-08/U08-04 ENVIRONMENTAL SITE ANALYSIS The applicant has submitted the Environmental Site Analysis which indicates that there are wetlands, floodplain (does not show complete area that it covers), a stream and associated stream buffer on the site. There are no steep slopes exceeding 25 percent over a 10 foot rise, or any endangered wildlife species or historical sites on the property. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 14 of 22 R/A RZ08-08/U08-04 ARBORIST COMMENTS The proposed rezoning will be subject to the tree preservation ordinance including recompense and tree density requirements. The applicant has included a tree survey that was conducted in 2007. A new tree survey will be required to adequately review how the proposed development will impact the trees on the site. CITY OF MILTON FIRE MARSHAL Roads shall be minimum 26 feet from back of curb to back of curb or if less, shall be posted no parking signs and curb painted red. TRANSPORTATION ENGINEER A traffic memo has been requested to evaluate access and peak hour modeling of proposed roundabout operations. The conditions should not change based on the submittal of this information. CITY ENGINEER The site plan does not show the all of the flood plain that is within the development. PUBLIC INVOLVEMENT CZIM Meeting – November 27, 2018 The applicant was present and there were eleven members of the community in attendance. The following issues were raised by the community:  Increased traffic  Architecture should be consistent with other homes on Bethany Bend  Concern with separation between existing homes in Hidden Forest Subdivision. Need to make sure there is some type of protection from car lights entering the subdivision.  Parking for guests.  Issues with the future round a bout.  Disturbance of existing wildlife and vegetation. Design Review Board Meeting – December 4, 2018  Liked the proposed development and design of the buildings. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 15 of 22 R/A RZ08-08/U08-04  Supported the requested architectural variances for the building material and noted that the requirement for brick does need to be cleaned up.  Work with the Hidden Forest HOA to decide on a fence that is compatible for both properties. PUBLIC PARTICIPATION REPORT The applicant hosted a Public Participation Meeting on Saturday, October 13, 2018 at the Hampton Inn Meeting Room located at 16785 Old Morris Road. There were 20 people in attendance. The attendees’ issues and concerns were 1) the reduction in the buffer to surrounding residents and 2) when the traffic circle adjacent to the site would be completed (Forsyth County). Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed 54 residential units comprising of duplexes, triplexes and quadplexes developed at a density of 6.38 units per acre is consistent and provides for a transition from lower density to higher density with adjacent and nearby properties. To the west and south is Hidden Forest Subdivision developed with primarily townhomes and some single family detached homes at a density of 4.99 units per acre; Spring Valley Townhomes to the northwest is developed at 7.86 units per acre; Windcrest Park Townhomes further to the northwest is developed at 6.76 units per acre. To the east within Forsyth County is a mixed use development zoned MPD that contains apartments, single family homes and future commercial . Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 16 of 22 R/A RZ08-08/U08-04 Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 17 of 22 R/A RZ08-08/U08-04 Location Parcel / Zoning Petition Zoning / Name Approved Density/Min. Heated Floor Area East (Forsyth County) 1 ZA3282 MPD (Master Plan Development) Deerfield Township 164 acres with no more than 983 residential units and 250,000 square feet of commercial area with 1,000 parking spaces South 2 RZ18-06/ U18-01 O-I (Office-Institutional) Conditional and Use Permit for Private School Milton Montessori School 3,287 sq. ft./acre Existing structure and new 9,500 sq.ft. building Further South 3 T-5 Limited IMT Deerfield 12 units/acre 3 stories Further South 4 T-5 Limited Fairview Townhomes 6.25/acre South and West 5 RZ02-105 TR (Townhouse Residential) Conditional Hidden Forest 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached Northwest 6 Z99-136 TR (Townhouse Residential) Conditional Spring Valley 7.86 units/acre 2 stories 1,200 sq. ft. Further Northwest 7 RZ97-115 TR (Townhouse Residential) Conditional Windcrest Park 6.76 units/acre 1,500 sq. ft. 2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff’s opinion that the proposal will not adversely affect the existing use or usability of the adjacent properties as described above if approved with the Recommended Conditions. The proposed development is within the range of existing approved densities and uses in the area. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable use currently zoned AG-1 (Agricultural) for single family residential and TR (Townhouse Residential) with a Use Permit for senior housing. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 18 of 22 R/A RZ08-08/U08-04 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? The proposed development may have some impact on existing streets, transportation facilities and schools. The roundabout that is under construction at the entrance of the project as well as the additional entrance on the northern portion of the site will help ameliorate the increase in traffic in and out of the subject site. All three schools will be impacted by the proposed development. This area is currently zoned for Cambridge High, Hopewell Middle, and Cogburn Woods Elementary and all schools are currently over building capacity and the project will increase the number over capacity as indicated in the Development Impact Statement below. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 19 of 22 R/A RZ08-08/U08-04 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: MFR (Multi Family Residential) and HDR-2 (High Density Residential) 5 units per acre or more Proposed use/density: Townhomes at 6.38 units per acre/Consistent The proposed development is in conformity with the following plan policies (objectives):  Accommodate our diverse population by encouraging a compatible mixture of housing types, densities and costs within the City.  Encourage development of housing opportunities that enable residents to have easier access to commercial services and employment opportunities.  Encourage housing policies, choices and patterns that increase opportunities for people to move into affordable owner-occupied housing.  Support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? Since the last approval for a Senior Housing Use Permit in 2008 at a density of 19.84 units per acre, the applicant has included additional acreage but the amount of flood plain has increased on the site. The proposed density is 6.48 units per acre which is a significant decrease from the existing approved zoning. In addition, there is a mixed use development under construction on the east side of Bethany Bend in Forsyth County which includes apartments, single family homes, and future commercial uses directly across the street from the site. Lastly, there is a roundabout under construction which will serve as the primary entrance and exit for the development. Therefore, it is Staff’s opinion that these changed conditions affect the use and development of the property w hich supports the recommended approval of the proposed rezoning. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 20 of 22 R/A RZ08-08/U08-04 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use will not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and open space requirements. CONCLUSION It is Staff’s opinion that the proposed rezoning from TR (Townhouse Residential) and AG-1 (Agricultural) to TR (Townhouse Residential) to develop 54 townhomes is consistent with the 2016 Future Land Use Plan Update and Plan Policies as well as providing an appropriate transition from lower density to higher densities to the north and east. Therefore, Staff recommends APPROVAL CONDITIONAL of RZ18-14 and APPROVAL CONDITIONAL of VC18-09, Part 1 and DENIAL of Parts 2 and 3. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 21 of 22 R/A RZ08-08/U08-04 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be TR (Townhouse 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) Townhouse attached dwellings and accessory uses and structures. b) No more than 54 total dwelling units at a maximum density of 6.38 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 su bject site shall be determined by this final engineering. 2) To the owner’s agreement to abide by the following: a) Substantial compliance with the site plan received by the Community Development Department on October 30, 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. 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. Prepared by the Community Development Department for the Planning Commission Meeting on December 19, 2018 12/14/2018 Page 22 of 22 R/A RZ08-08/U08-04 3) To the owner’s agreement to the following site development considerations: a) Provide a 20 foot landscape buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision) and provide a 35 foot landscape buffer where no alley is shown on the site plan adjacent to property zoned TR (Townhouse Residential) and a 50 foot undisturbed stream buffer adjacent to property zoned TR (Townhouse Residential) (Hidden Forest Subdivision). Design and plant selection shall be approved by the City Arborist. (VC18-09, Part 1) b) Provide a fence along the property line abutting single family residential structures within Hidden Forest Subdivision as approved by the Design Review Board. 4) To the owner’s agreement to abide by the following requirements, dedication, and improvements: a) Access to the site and frontage improvements shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) and frontage improvements shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide sidewalks internal to development and along entire Bethany Bend frontage connecting to existing infrastructure on adjacent parcels as required and approved by City of Milton Departmen t of Public Works. Page is too large to OCR.