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Home My WebLink AboutORDINANCE NO. 07-09-47STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO.07-09-47 PETITION NO. RZ07-010 AN ORDINANCE TO REZONE FROM AG -1 (AGRICULTURAL) DISTRICT TOO I (OFFICE -INSTITUTIONAL) DISTRICT, PROPERTY LOCATED AT 13941, 1390L13945 N Hi hway 9 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 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 13941, 13943, 13945 N. Highway 9 consisting of a total of approximately 5.271 acres, be changed from the AG -1 (Agricultural) District to O -I (Office -Institutional) District with conditions attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the property shall be developed in compliance wit 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 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5.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: Approved: Joe Lockwo Mayor CONDITIONS OF APPROVAL RZ07-010 13941, 13943, 13945 N. Hwy 9 The City Council approved the rezoning of property located at 13941, 13943, 13945 N. Highway 9. Rezoning petition RZ07-010 to rezone from AG -1 (Agricultural) to 0-1 (Office Institutional) CONDITIONAL was approved by the City Council on September 20, 2007 hearing, subject to the following conditions. 1) To the owner's agreement to restrict the use of the subject property as follows: a) Restrict the use of the subject property to a bank and general office at a maximum density of 5,332 square feet per acre zoned or a total gross floor area of 28,104 square feet, whichever is less. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on July 3, 2007. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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. 3) To the owner's agreement to the following site development considerations: a) Restrict the subject property to a total of three (3) buildings. b) To meet and not exceed parking requirements, when calculated using Article 18 Shared Parking; to utilize pervious materials for overflow and perimeter parking spaces or as approved by the Transportation Engineer. c) To preserve trees 1, 5, and 6 as identified on the attached map submitted by Staff with the understanding that if they cannot be saved, the applicant will apply for a Modification of Site Plan. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Reserve Right of Way to the City of Milton 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 Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights- of-way, and dedicate at no cost to the City of Milton such additional right-of-way and construction as may be required to: i. Provide 55 feet of right-of-way from the centerline of Cumming Highway (SR9) ii. Bike Lane provided for limits of overlay as approved by the Transportation Engineer for Milton and GDOT iii. Overlay and striping of full width of Cumming Highway (SR9) the length of property lines plus any additional taper lengths necessary or as approved by the Transportation Engineer for Milton and GDOT. iv. Provide adequate right-of-way dedication for addition of the following or as approved by the Transportation Engineer for Milton and GDOT: a. Symmetrical SB Left Turn Lane and tapers as necessary on Cumming Highway (SR9) into site b. Contiguous Right Turn Lane connection to right turn lane to the north or as approved by Transportation Engineer c) Install a six-foot wide asphalt trail along the entire frontage of the property, with a minimum 4 foot grass strip between the trail and the back -of -curb, as approved by the Public Works Department. d) Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer for Milton and GDOT. Driveway entrances shall provide for the 95% queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of two hundred feet. Interparcel connections are required to both the north OWN and southern properties. Interparcel southern connection from bank to 0&1 parking areas. 5) To the owner's agreement to abide by the following: a) The developer's Professional Engineer shall demonstrate to the City 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. Locations shall be as approved by the Stormwater Engineer. b) Stormwater detention facilities and water quality features shall utilize earthen embankments, where possible. If "walled" structures are required they should be located underground or constructed with acceptable architectural materials. Exposed concrete walls are not allowed. All natural surfaces are to be planted with an appropriate sustainable vegetative cover. All vegetated surfaces are to be regularly maintained. c) The site shall be limited to 75% impervious at maximum build- out. d) Where fencing is required, it shall be equestrian style wood rail fencing. Site Plan Received July 3, 2007 C:w` �bV��VY1 YM awY\Ow,�_YriJI_YYY 1oPl�/-IaAw, W7 4 �. )/�/ipp� 4Y:1] �Y IC=J \ A ti V Location of Trees per Condition 3.c. LEQU DESCRIPtION r1eing al' of th4t tract or pamcl of land lying and being: in Latin Lot 831 of the 2`4 District, 2"' Sectian of Fulton County and the City Of Millon, Gcor" unci being more parlk:ularly described as follows. Beginning rt a 1/z inch rehar found at (hr inicirwalion fir the.:-Hstc-rly 4iric of 1;.R 9 .Alpharetta Highway) leaving a right of %,,ay width ul'90 ket and the north line )I* Land Lot 831 of the e' District, 'ate sccfion of yulton Count%r: Thcaec from said P0411.01'Imtkitaling [MiVirtg Lix right ol*way oJ*S.R.9 in Uri CUNLOrly R-Mficin m4 follow bg the north line of aft.resaid Land Lot 831 of the T' District, Y' Section of'rulton County 'Korth 88 dogrims 34 minutes 05 saconds East 551,71 feet to I,, -.S inch rebar tbund; T'henze South 00 degrocs 00 ininufts: 17 seconds Won 442.77 Bootto a point-. Tlicrize %.uth 97 degrees 07 minutes 59 seconds West 244.21 tees to a 2 inch pipe found; 11enze South 94 degree& 52 niintiles 25 seconds We% 227,17 .eel to a crimp top Pipe found an thY aforcsfill easterly side of S IL9; Theme in a nordw.ty direr tion along thir Pasterly Ade of aforesaid S.R. 9 and foil ,%ing th.- cunlat= thmofNoWi 10 degm-ci 00 jLjjjjjtt'ez 14 NU.?UtXlS Wt::A 468.62 1'cvt to a,S in; h rtbar fa und and the paint of bctinning. Said tract of land contalaing 5.271 acres and being more clearly slimm on a Survey for 0 Fir4t Milian Rxnk dmtml I I '44F.rrrb 7t107 prM.arrd by Kcn Quintam & AvsocLoe.s, Inc, RECEIVED "A CeArnfrRin r . Mk4lm-f)"� RZ07-010