HomeMy WebLinkAboutORDINANCE NO. 07-09-46STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 07-09-46
PETITION NO. ZM07-00/VC07-009
AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-022 AND ZM06-007
APPROVED SEPTEMBER 7, 2005 AND MARCH 1, 2006 RESPECTIVELY, PROPERTY
LOCATED ON WEBB AND MORRIS ROADS AND DEERFIELD PARKWAY WITHIN LANE
LOTS 1044,1045,1046, 2 ND DISTRICT 2 SECTION CONSISTING OF APPROXIMATELY
30.587 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
September 20, 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 September 7, 2005, for petition Z05-022 that rezoned property from AG -1 (Agricultural) & C-
1 (Community Business) to MIX (Mixed Use) and ZM06-007 approved September 8, 2005 be changed for
the property located on Webb and Morris Roads and Deerfield Parkway consisting of approximately 30.587
acres, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being within Land Lots 1044, 1045, 1046, 2nd District 2nd
Section, Fulton County, Georgia by the attached legal description; and
SECTION 2 That the variance, as listed in the attached conditions of approval, be approved under
the provisions of Section 22.9 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. Any conditions hereby approved (including any conditional site plan) do not
authorize the violation of any district regulations; and
SECTION 4. That all ordinances or part of ordinances in conflict with the terms of this ordinance
are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council
and the signature of approval of the Mayor.
ORDAINED this 20th day of September, 2007.
Attest:
Marchiafava, City Clerk
(Seal)
Approved:
Joh Lockwood, 11 yor
CONDITIONS OF APPROVAL
ZM07-003NC07-009
Webb and Morris Roads and Deerfield Parkway
The City of Milton Mayor and City Council approved the modification of the conditions of RZ05-022 and
ZM06-007, with the regard to the above referenced property currently zoned MIX (Mixed Use) District.
Zoning Modification petition ZM07-003NC07-009 was approved by the Mayor and City Council at the
September, 2007 hearing, subject to the following conditions:
1. To the owner's agreement to restrict the use of the subject property as follows:
a. No more than 256 total dwelling units at a maximum density of 8 units per acre based on the
total acreage zoned, whichever is less. Approved lot 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 within the approved development meet or exceed all the
development standards of the City of Milton. The total lot yield of the subject site shall be
determined by this final engineering.
b. Retail/office and accessory uses at a maximum density of 1,760.91 square feet of gross floor
area per acre zoned or a total gross floor area of 56,400 square, whichever is less, but
excluding, billboards, free standing fast food restaurants, gas and service stations,
commercial amusements, liquor package stores except wine shops, motels, hotels, adult
entertainment establishments, check cashing stores, pawn shops, coin operated laundries,
freestanding convenience stores, video arcades, pool hells, massage parlors, nail salons, flea
markets, discount retail shops, roadside vending, roadside produce stands or seasonal
vending.
A minimum of 25% of the retail/office total square footage built shall be developed as office
space.
d. Site development shall be substantially consistent with the rendering and elevation submitted
to the Department of Environment and Community Development on June 27, 2005.
e. Provide varied building heights not to exceed 3 -stories. Roof lines shall be varied by at least
2 feet so that no more than 3 adjoining dwellings within a single building shall have the same
roof line.
f. The minimum heated floor area for a townhouse unit shall be 2,000 square feet. All units
shall have a rear entry 2 -car garage.
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the Community Development Department on January 3
2006 (2006ZM 00 7) July 2, 2007 (ZM07-003). Said site plan is not conceptual; the
developer must strictly adhere to the site plan as submitted. Any changes to the site plan must
be approved by the Director Community Development and must meet or exceed the
requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of the first Certificate of
Occupancy.
3. To the owner's agreement to the following site development considerations:
a. No more than 1 (one) exit/entrance on the west side of Deerfield Parkway. Curb cut location
and alignments are subject to the approval of the Fulton County Traffic Engineer.
b. No more than 1 (one) exit/entrance on the east side of Deerfield Parkway. Curb cut location
and alignments are subject to the approval of the Fulton County Traffic Engineer.
C. No more than 2 (two) exits/entrances on Morris Road. Exit/Entrance locations, alignments,
etc.) are subject to the approval of the Fulton County Traffic Engineer.
d. No more than 3 (three) exits/entrances on Webb Road between Deerfield Parkway and
Morris Road. Curb cut location and alignments are subject to the approval of the Fulton
County Traffic Engineer.
e. No access shall be allowed from Webb Road west of Deerfield Parkway.
f. All areas which are not part of an individual lot and are held in common shall be maintained by
a mandatory homeowners association, whose proposed documents of incorporation shall be
submitted to the Director of the Department of Environment and Community Development for
review and approval prior to the recording of the first final plat.
g. Street trees along the main east/west boulevard and the area around the commercial square at
in" the project entrance off Webb Road shall be a minimum 5 -inch caliper size. Street trees along
all other roadways except alleyways shall be a minimum 3 -inch caliper size. Plantings and
specifications shall be subject to the approval of the Fulton County Arborist.
h. Synthetic stucco and Exterior Insulation Finish System (EIFS) shall be prohibited except for
architectural accents and details not to exceed 10% of the total building surface area.
L Vinyl or aluminum siding is prohibited. When clapboard or shake siding is utilized said
siding shall be of a cementitious material.
j. All facades of a minimum of 128 townhouse units shall be finished with brick, stone,
artificial brick, artificial stone or combination thereof. Clapboard or shake cementitious
siding shall be allowed for architectural accent only on said units.
k. A minimum of 128 townhouse units shall have either balconies, porches, decks, patios or any
element creating an outdoor living area.
1. Reduce the 50 -foot buffer and 10 -foot improvement setback adjacent to the A (Apartment)
zoning in Tract B to a 25 -foot buffer and 10 -foot improvement setback (2005VC-0055 NFC).
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in. The overall development shall retain a minimum 26.6% of the total acreage including the
WN required buffers as green/open space. Said green/open space shall be protected in perpetuity
via deed restriction, conservation easement or similar means. Said green/open space can
include but is not limited to stream buffers, wetlands and/or flood plain.
n. Pedestrian lighting shall comply with Article 12G.4, Section D. of the Fulton County Zoning
Resolution (Highway 9 Overlay District).
o. All sidewalk and crosswalk areas shall contain brick, stamped concrete or paver accents
consisting of a minimum 20% of the overall surface area.
CommunityP. All steFm wmer- f6eilifies shall utilize the aftema4e detentien faetheds per- the Fulton Ceefity
Subdivision Regulations or- as may be appr-eved by the Dir-eeter- el" the Depal4ffl.efit Of
Envir-eament and y lopment. (2006ZM-007)
q. Comply with all the requirements and standards of the Metropolitan North Georgia Water
Planning District's Post Development Stormwater Management Ordinance and the Georgia
Stormwater Management Criteria at the time of application for a Land Disturbance Permit
per the Development of Regional Impact (DRI) Findings of the Atlanta Regional
Commission, letter dated September 1, 2005.
r. Allow a 10 -foot landscape strip along the southeastern side of the required detention pond.
(2006VC-0028 NFC)
S. Provide a 15 -foot setback for the swimming pool from any residential
building, adjoining property line or street. (VC07- 009)
4. To the owner's agreement to abide by the following traffic requirements, dedication and
improvements:
ON" a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval
of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-
way, 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 allow the necessary construction easements while the rights-
of-way are being improved:
30 feet from the centerline of Morris Road.
30 feet from the centerline of Webb Road.
55 feet from the centerline of Deerfield Parkway.
b. Reserve for Fulton County along the necessary property frontage of the following roadways,
prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for
compliance with the Comprehensive Plan. All building setback lines shall be measured from
the dedication but at no time shall a building be allowed inside the area of reservation. All
required landscape strips and buffers may straddle the reservation line so that the reservation
line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required
landscape strip or buffer shall be located outside the area of reservation. All required tree
plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer
that lies outside the area of reservation.
ftr 45 feet from centerline of Morris Road.
45 feet from centerline of Webb Road.
C. Provide a left turn lane for each project entrance or as may be required by the Fulton County
am-" Traffic Engineer.
d. Provide a deceleration lane for each project entrance or as may be required by the Fulton
County Traffic Engineer.
e. Provide traffic impact mitigation plan to reduce the number of vehicular trips generated by
the development to the Fulton County Traffic Engineer at the concept review phase.
f. Provide signalization at Morris Road and Webb Road as required by the Fulton County
Traffic Engineer.
g. Provide signal upgrade and intersection improvements at Deerfield Parkway and Webb Road
as required by the Fulton County Traffic Engineer.
h. The developer shall be responsible for complying with the requirements of the document
entitled "Fulton County Driveway Manual" adopted by the Fulton County Board of
Commissioners on May 18, 2005.
5. To the owner's agreement to abide by the following:
a. Prior to submitting the application for a (LDP) with the Department of Community
Development, Development Review Division, arrange to meet with the City of Milton
Traffic Engineer. A signed copy of the results of these meetings will be required to be
submitted along with the application for a Land Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing
specimen trees/stands, buffers, and tree protection zones within the property boundaries with
the City of Milton Arborist. A signed copy of the results of these meetings will be required
to be submitted along with the application for an LDP.
C. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public
Works Department, Water Services Division, and arrange to meet on-site with an engineer
from the Surface Water Management Program (SWMP), who is responsible for review of
Storm Water Concept Plan submittals.
d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to
the SWMP, through the Development Review Division, a project Storm Water Concept
Plan. This concept plan shall indicate the preliminary location of the storm water
management facilities intended to manage the quality and quantity of storm water. The
concept plan shall specifically address the existing downstream off-site drainage conveyance
system(s) that the proposed development surface runoff will impact, and the discharge
path(s) from the outlet of the storm water management facilities to the off-site drainage
system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan
submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site
drainage system(s) points of constraint. The capacity analysis shall determine the capacity of
all existing constraint points, such as pipes, culverts, etc. from the point of storm water
discharge at the proposed development site boundary downstream to the confluence of the
receiving drainage course at a point where the drainage area is at least ten times the proposed
development site area and the next downstream drainage area having a drainage area of fifty
acres or more. The critical capacity points shall be selected based upon the engineer's field
•�- observation, professional judgment, and limited field survey data. The analysis shall identify
the downstream properties pre and post -development 100 -year water surface elevations, and
for any post -development water surface elevation increase exceeding 0.05 feet, the developer
shall acquire the applicable offsite drainage easement to accommodate the 100 -year storm
flow through impacted properties. Where Fulton County has completed a model of the basin,
it shall be used by the developer in the analyses.
e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or
discharged at a point, such that the discharge from the storm water management facility
outlet crosses a property line, such discharge shall mimic pre -development sheet flow
conditions. A description of the method proposed to achieve post -development sheet flow
conditions shall be provided as part of the Storm Water Concept Plan. Should the method to
achieve sheet flow across an external property line be unsuccessful, the developer shall
acquire an easement(s) from the point of discharge to a point down gradient at a live dry
weather stream sufficient to contain the 25 year storm flow or other location as approved by
the Director of Public Works. This condition will not apply when the storm water
management facility is designed and approved to discharge directly to a stream or
watercourse.
f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code
Section 26-278 shall be submitted to the Department of Public Works with the Storm Water
Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm water
management/detention facility outlet control structures shall be inspected, photographed, and
cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance
Agreement shall require that the design engineer shall prepare an operation and maintenance
guidance document, for use by the owner and/or any professionals retained by the owner, to
plainly describe the basic operational function of the facility(ies), including a description of a
permanent marker post(s) which shall indicate that the level of sediment which, if exceeded,
requires sediment removal. The Inspection and Maintenance Agreement shall require an
annual operation and maintenance report for all storm water management/detention facilities
be prepared by a licensed design professional and submitted to the S WMP. The annual
report shall include monthly inspections, photographs, and documentation of the cleaning of
storm water management/detention facilities outlet control structure(s) as well as an
operational assessment of the facilities indicating that they do, or do not, function as
described in the design guidance document (described above), and if they do not, a
description of the specific actions to be taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of
Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated
with the development.
i. The engineer/developer is required to submit, along with the application for an LDP, signed
documentation verifying approval of the Storm Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square
feet, the storm water management facilities shall be designed to reduce pollutants such as oil,
grease and other automobile fluids that may leak from vehicles. A general description, or
concept, of the storm water management facilities proposed to achieve the removal of such
ROM pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such
facilities shall be included in applicable documents for a land disturbance permit.
k. With the application for an LDP, provide documentation (such as channel cross-sections,
centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or
draws within the proposed development boundary which in the design engineer's judgment
are at risk of erosion due to increased flow, provide a description of the basis utilized in
judging areas to be at risk, and provide details on the Storm Water Management Plan of the
post -development channel bank protection measures.
The developer/engineer shall demonstrate to the County by engineering analysis submitted
with the LDP application, that the discharge rate and velocity of the storm water runoff
resulting from the development is restricted to seventy-five percent (75%) of the pre -
development conditions for the 1 -year frequency storm event, up to and including the ten
(10) -year frequency storm event.
M. Drainage from all disturbed areas shall be collected and conveyed to a storm water
management facility provided as part of the development. The Storm Water Concept Plan
shall identify any proposed areas with incidental and minor release of storm water not
conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for
any land disturbance permit shall show all proposed drainage patterns for the proposed
development after its completion. Any incidental release of unmanaged or untreated storm
"" flows from any disturbed portion of the developed property shall be allowed only with the
approval of the Director of Public Works. Other than minimal incidental flows shall be
to" specifically approved by the Director of Public Works. Bypass flows will not be permitted
except from undisturbed areas within a buffer or other protected easement. Final plans shall
provide for collection, conveyance and treatment of all approved incidental flows from
developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to achieve water quality
treatment, channel protection, over bank flood protection and extreme flood protection, in
accordance with the Georgia State Storm water Manual, except that the duration of release
for water quality treatment shall be 48 hours.
KF #'4{AICf1 V' Ll' 07 V IYM
JZ**C"VA
ZM07-003 EXHIBIT "All
f ,cLon t nestri trope
Descriptian of Tracts gine, Two, Four, rhez, &x and never-
All that tod or pars=) of land tying aid being in Land Lets 1044 Er IM, of the 2"°
Distriri, 7`t° .Sent on n€ R d -nn Cnunt?, Gpwoln and hpi*rri mr a parfarularly IpArrihwi as
follows:
Beglnring at a trail found in a fence post, said point Mna Ideated at the land lot zorner
common to Land Lots 1043, 1044, 1016, & 1946 of said 2"' Distrct, 2"" Section, thence
lea,An$ said Lary: Lot wrner run thancer northerly alorg t)e Land Lot line cot mi, to
Land l.a a 1043 and 1044, North DiTT1l" Fact, a distance o€ 854,60 feet to an axle
found; thence leaving said Land lot liner run S-)uth 73'53'0V F4ast a distance of 1,390, 04
feet to a paint an the Ladd Lat line common to Land t.os 1043 & 104-4, sal line also
being the common line bettveerl the gnu District, 7" Section and the 2", Lisfdal, tn'
Section; f`rence rur in a sauthprly drrer:licn along ,aid Land Lai line and cW.111on fine
South 00'W3911Eatt a distance of 92 78 feet to a Y.' cramped top pips located st the
intersection of the Land Lot and Section line and the northwirsterly right of way line of
MOMS Road (varlaLle REV'), thence departing said Landr_ot and sawion 11,119 along said
northwastarty right of way Iirle of Mirris Road, run a datg()ce of 154,47 feet along the
sire of it curve. to , said curet hrivar,rg a rarf US of 8555 21 fart and beim subtended
by a cl aord Cf Satath I rE3'07" West, a d otianoc of 154 tri feet to a point, thence -un
South 13`45'38" Wiest ard continrrrng along said right -of -very V a dlstanoe of 923.30
feel to they point of interseclton of ttv.-3 said northwesterly right i! Way line of Morris Road
with the northerly right of wa% line of Wahb Riad (;variable RAN), th=nre n*rthwesterty
along said northerly fight of fay lime of ,Webb Road (variabIg RAN) the folkm!ing corer.
and distances; (1) North 82"46181" VVest, 369.21 feet to a 1' c,irnoec top pipe; (2) North
Now 83`Z 4'5e Vilest, 203 79 feet to a f 5" crirru top pipe; (3) North 02°41'09" Wast, 203.03
feet to a 1" s"ntid rod: (4) Nort7 t3 "b3'a5 West, W ' 9 feet to a M' cdenped tap pipe, (5)
North d2"51"26 U'ye it, 137 3'a feet to a 3,14" open top Dema: (6) North x25126" West,
tlrrr 1241.42 feet to a VC open tar, lri,pp an the lana Im Inn cnmrrm Nr I and lata tf1455 anei
1046 of the 2nd District,, 2nd Section; '7) Noth 31'51'13" t=wt along mid land lot line
common to Lanni Lots 1045 and 1M for distance of 1 C QQ feet to a point, (8) North
82`66'44" West and depaling said Lard Lot line co-Irron to Lard Lois 1046 and 1046'
for a distance of 203.86 feet to the mlterec inlemxtionn of the sold northerly" right of ,,"ray
line of Webb Road and the eastertrr right of way Ilna of Deaafield Parkway (IWRM),
thence run northwesterly along snid riker+ed iglorec ton North 50"4L125' 1Wtosi for a
distance of 44.52 feet ,c a point on said eas crly riy'al ur qmy liana of Deer". d :oa,kway,
t1ience or..rtherly along said easterly right of 1v2y 01 L;eellleld PQrk'<+,ay North 0614272611"
Fast for a drstsne of 280119 zee: to a point, thence 79 A-9 feet along 1ha arc of a curve to
the leaf', said curve ha-ying a rw.iws. of FA X) fPi�! and h6nro su9tended ty a chorc o4
North 0:1'4:'40" Last, 79 a5 feet to a ooirt q. -here anid CmDtluisy right of wey Zinc
intersects the Land Lot line common to La -id Lots 1013 & 1040; thence tegvin2 f11e said
right of way of Ceertleid Parkway, rurr uawurlf w1unq Slid Lan -,i t.[at i r1e Pfortrr Ety'zsv'Sb"
East for a distance of 209 67 feast to a nal found in a ferlr"e pna; at the Iamb ?at corner
cornmon in )ani Iota 1043, 1(844, 1(445.6 1046 and t';e Point of Beginning
Tho QWvc doucribcd tract or parcel of kIrIO w-italn* 1,332.442 ocitilarc fcot or 36-63774
acres, more or less, and i5 5hmvn on and dafcribeu acwldlflg .0 that caltaii, Survey
datad 00,bbet 10, 200' updated Januari 20, 2UC6, Jost revised January 23 2LO6
prepared by Watts & Orryoyning Eqqineels, nc., f D- D7WBH, LLC, D7 W8H Webb. LLC-,
WR Holdings - Wineward, i i c, Gecrgin Cornmprr� Rnnk: and ChIrAgn T -Te In,,wrance
Company, WNch au--voy is incorporEkod herein aril rrade a part of this legal desoription
LESS AND EXCEPT THE PROPERTY CONVEYLIJ VU I -UL I UN UOUN I Y, UEU-3431A.
BY THE FOLLOMNG RIGHT-OFMAY DEEDS,
I , -
Right -of -Way Doad ucm 137 %'VBH Webb, LLC, to Fu ton CGUny, Georgia dated
June ig, 2OD3 recorded at Deed Ox3ok 42959, page C42, Dead Reurds of Fulton
County, Georgia and
2 Right-nf-Way Oe i frown 117 VVRH Wed), LLC to ruilon Coant�, Gaovla dated
Jure 10, 2M FEA70rded at Ow -d Book 42950, P0,00 647, aforo5ald Rocoids.
ZMoV•oo3