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Home My WebLink AboutORDINANCE NO. 07-08-41ORDINANCE NO.07-08-41 PETITION NO. ZM07-002 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 16, 2007 at 7:00 p.m. as follows: SECTION 1. That the condition(s) of a Resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that rezoned property from AG -1 (Agricultural) to CUP (Community Unit Plan) be changed for the property located on Providence Road within Land Lots 735, 736, 777,778, 806, 807, 808, 849, 2nd District 2"d Section, consisting of a total of approximately 95.696 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1044 of the 2nd District 1St Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the property shall be developed in compliance wit the i.. 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 16`" day of August, 2007. Attest: ette Marchiafava, City Clerk (Seal) Approved: Joe Lockwoo n, Ma r CONDITIONS OF APPROVAL ZM07-002 on". 295 Crooked Stick Drive (Lot 11) The City of Milton Mayor and City Council approved the modification of the conditions of Z85-181, M89-055 and M89-92, with the regard to the above referenced property currently zoned CUP (Community Unit Plan) District. Zoning Modification petition ZM07-002 was approved by the Mayor and City Council at the August 16, 2007 hearing, subject to the following conditions: To the owners agreement to restrict the use of the subject property as follows: a. No more than 36 single family detached dwellings and accessory uses and structures at a maximum density of 0.37 units per gross acre. b. Limit the height of the buildings to no more than 3 stories. C. Provide a minimum lot area of 2 acres per dwelling unit. d. Provide at least the following setbacks on each lot: Front 60 feet from right-of-way, except for Lot 27 which shall have a minimum of 54 feet (M02-003) Side Interior 25 feet from property line; except for lot 10 which shall have a 20 -foot side yard setback (M89-55); except for Lot 11 which shall have a 10 -foot setback from the rear property line for a distance of 180 feet along the east property line. (ZM07-002) Side Corner 40 feet from right-of-way Rear 50 feet from property line e. Property at least a 100 foot building setback from the property line of the CUP, except for Lot 10 which shall have a setback of 40 feet from the peripheral property line (M89-92); except for Lot 11 which shall have a setback of 50 feet from the peripheral property line (ZM07-002). f. Provide a minimum heated floor area per dwelling unity of 3,000 square feet. g- No lot shall drive direct access from either Providence Road or Batesville Road. h. Recreation areas shall be for the exclusive use of the residents of the development and their guests, and shall not be located within 50 feet of the boundary of the project. i. All recreation and other areas which may be held in common, shall be maintained by a Mandatory Homeowners Association where proposed documents of incorporation shall be submitted to the Director of Planning and Community Development for his review and approval prior to the recordation of the first final plat. OWNj. The property shall be developed in accordance with the Fulton County Subdivision Regulations. All internal streets shall be privately owned and maintained. k. Detached Dwellings — Swimming pools shall be allowed in side and rear yards of single family dwellings in any district, except for Lot 27 which shall be allowed to have a swimming pool in the front yard of a double frontage lot, adjacent to Batesville Road. (02VC-012) 2. To the owners agreement to abide by the following: a. Any exterior illumination on the site shall not exceed 1.2 foot candles on any property line adjacent to a residential use or zoning district, nor will the light source be directly visible from adjoining residential properties. b. Limit the free-standing project identification signage on the entire property to no more than one unlighted, double faced pole/sign monument adjacent to Providence Road, having no more than 40 square feet of surface area per face and further not to exceed a height of fl 0 feet from finished grade measured from the base of the sign structure. C. To provide and maintain off-street parking on the subject property during an" the entire construction period. 3. To the owner's agreement to abide by the following requirements dedications and improvements: a. Dedicate at no cost to Fulton County, prior to the approval of a Land Disturbance Permit, at least 30 feet of right-of-way from the centerline of Providence Road, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of- way from the back of curb of all abutting road improvements, as well as improve said road 14.5 feet from cent of road to back of curb, and further to allow the necessary construction easements while the right-of-way is being improved. b. Provide deceleration lanes for a distance of 200 feet and a 50 foot taper from all project entrances. C. Connect to metropolitan water available to the site and provide on-site sewage disposal satisfactory to the Board of health; as well as pay all required tap -on fees, front footage assessments and pro -rated share of the cost of public utility extensions as determined by the Department of Planning and Community Development. d. Design required on-site storm water detention facilities such that they are not located within any required buffers or on required parking areas. The following is the description of the property known as 295 Crooked Stick Drive, Alpharetta, GA 30004 From point of beginning being the power box located 714.52 feet east of the intersection MON-4 of Crooked Stick Drive and Atlanta National Drive(50 foot private easement); proceed in the S direction 31 degrees 52" 26' W for 387.30 feet to %2 inch rebar pin; then proceed ' ""' in the N direction 88 degrees 01" 29' W for 219.50 feet to %Z inch rebar pin; then proceed in the N direction 17 degrees 44" 16' E for 405.30 feet to %2 inch rebar pin; then proceed along the south right-of-way of Crooked Stick Drive a distance of 222.67 feet following the arch of the street and then proceed S 69 degrees 40" 20' E 87.33 feet to the point of beginning. This property is also known as Land Lot 807, 2nd District 2nd Section, Fulton County Georgia; particularly described as follows: Lot 11, Estates at National Subdivision as per plot recorded in Plat Book 149, Pages 55-58, Fulton County Georgia Records. N.. tii=4•�K (F. LS'JN �t r,'7511 f1 T tr,11; r.`.S C:tI'ti4."f+,T;f_lii.Y Llr LTi£ �i.`iPr `,4Ur.Y ecri;r!+U f..V IACLwARFARl7 OF :" r'i'7Af.Y."i Yl!iti.iN+F1YA.Vf l.:lnTi'�:ila,NfSr)FT!Sl,fj..$RiL'.f niKP.A�r$.aA?4+. i 4r t:ey„e,'L � ';:*� Ci=3s"SA9a: kYSi d ��^i� 1•G^ °F.1fV .Ex:,+�gj h'u rliV C� i :n ,'1� tist•.1CU'l r kt.:". 0 V PROPERTY,',; M-77 101-04:wy WA r:{"1Ai. '1 4 A414 AS 1+A.:iGn;£G 9FL<.F�.'CAL'3Br'7FF:Y:A41 f%GQi.t.VFiS.......- LYa;�g41+r'CYPnR'a:.ny,;. lislizWfE srp,,•,c,,ha; %t ;!b'3 :. ALL 44.TFrfsCf `3.": r.!KCtCLF_n .........._,...._ ,. .., nIK R*;iPER.:-Si12.Y4r 60MI �J rStkfnrt Ah ner;;frtli'ii{ifPu :.'r=iY .ri.Y7C1 wrrwpltY'rr. 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