HomeMy WebLinkAboutORDINANCE NO. 07-12-60ORDINANCE NO. 07-12-60
PETITION NO. RZ07-011
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1(COMMUNITY BUSINESS) DISTRICT AND O-
I (OFFICE -INSTITUTIONAL) TO O -I (OFFICE -INSTITUTIONAL) DISTRICT.
PROPERTY LOCATED ON WEBB ROAD
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
December 13, 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 on Webb
Road consisting of a total of approximately 9.286 acres, be changed from the C-1 (Community
Business) District and O -I (Office -Institutional) District to O -I (Office -Institutional) with conditions
attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1048 & 1049 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia by the attached legal description; and
IN" 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ordinance are hereby repealed; and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 13th day of December, 2007.
Attest:
qcmi&te Marchi ava, City Clerk
(Seal)
0
Approved:
CONDITIONS OF APPROVAL
RZ07-011
Webb Road
The City Council approved the rezoning of property located on Webb Road.
Rezoning petition RZ07-011 to rezone from the C-1 (Community Business) District
and 0-1 (Office -Institutional) District to 0-1 (Office -Institutional) was approved by the
City Council on December 13, 2007 hearing, subject to the following conditions.
1) To the owner's agreement to restrict the use of the subject property as
follows:
a) Office and Institutional and accessory uses, at a maximum density of
15,076.46 gross floor area per acre zoned or a total gross floor area of
140,000 square feet, whichever is less, excluding fast food restaurants
and drive throughs, gas stations and associated gas pumps,
commercial amusements (cinemas are allowed), liquor sales and
package stores(upscale wine stores are allowed), (restaurants may sell
liquor by the drink), motels, hotels, adult oriented entertainment
businesses including adult bookstores, adult entertainment or adult
entertainment establishments as defined in Article 3.3.3., check
cashing stores, pawn shops, coin operated laundries, video arcades
(video machines that are incidental to otherwise permitted businesses
are allowed), pool halls, stand alone massage parlors, stand alone nail
salons, stand alone beauty salons, stand alone barber shops
(clinical/therapeutic spas are allowed and may include less than 400
square feet of beauty/barber shops and less than 400 square feet of
nail salon), flea markets, second hand surplus retail shops, roadside
vending, roadside produce stands or seasonal vending, billboards,
convenient stores and fortune tellers.
b) Limit the height of the building to no more than 2 stories or 30 feet
from average grade with a parapet of up to 5 feet.
c) To seek access to public sanitary sewer only for those improvements in
the entirety of Land Lot 1048 (Parcel IDs - 22 527010480420, 22
527010480412, 22 52701 04801 31) which is consistent with the Fulton
County Inter -Basin Transfer Resolution and applicant shall not seek
sanitary sewer access in the entirety of Land Lot 1049 (Parcel IDs 22
511010490365, 22 511010490357).
2) To the owner's agreement to abide by the following:
"" a) To the revised site plan received by the Community Development
Department on October 22, 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
WNW 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) Provide a 10 -foot landscape strip planted to buffer standards along
the east property line adjacent to AG -1 (Agricultural) (97VC-126).
b) Provide at least one pedestrian entrance for each side of a building
that directly abuts a public street.
c) All building entrances shall be connected to the sidewalk network.
d) Provide turning radius large enough for WB -50 vehicles to access all
buildings on site. Use AutoTurn to show turning movements.
e) Parking lot lighting shall be approved by the Design Review Board.
f) Provide a black four -board -equestrian -styled fence adjacent to
the sidewalk between the sidewalk and the development or
as approved by the Director of Community Development.
g) To save the 28" oak and 43" Sweetgum trees located on the site; if not
able to save the said trees as determined by the Director of
Community Development than applicant shall recompense with 6"
caliper trees.
4) To the owner's agreement to abide by the following requirements,
dedication and improvements:
a) Reserve the necessary Right of Way along the necessary property
frontage of Webb Road and SR 9, 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 Right of
Way Ordinance. The sidewalk/trail shall be located at the back of
the reserved Right of Way.
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 as may be required by the Transportation
Engineer for Milton and GDOT to:
r�... i. Provide at least 10.5 feet of right-of-way from the back of curb
(or edge of pavement for rural areas) of all abutting road
improvements, along the entire property frontage, as well as
allow the necessary construction easements while the rights-of-
way are being improved.
ii. Overlay and striping for full width of Webb Road the length of
property lines plus any additional taper lengths necessary or as
approved by the Transportation Engineer for Milton.
iii. Provide as a minimum 55 feet of right-of-way from centerline on
Cumming Hwy (SR9). Provide 45 feet of right-of-way from
centerline of Webb Road.
iv. Provide adequate right-of-way dedication for addition of the
following elements on Webb Road:
a. EB Right turn lane into property
b. WB Left turn lane into property
v. The adequate right-of-way dedication for SR 9 shall be
determined by the signal warrant analysis and intersection
design as approved by the Georgia Department of
Transportation.
vi. Provide easements along Webb Road where required for
sidewalks, as required by the Community Development Director.
Provide six foot wide concrete sidewalk along the entire
frontage of the property with a minimum 5 foot grass strip
between the sidewalk and the back of curb and all new
sidewalk installations along the rights -of -ways shall have a
transverse double row of faux concrete brick pavers every 50
feet as approved by the Community Development Director.
c) Provide motorized Inter parcel access to all adjoining properties as
required by the Transportation Engineer for Milton. Provide
additional non -motorized Inter parcel trails or sidewalks as may be
required by the Transportation Engineer for Milton.
d) Signal warrant analysis shall be preformed at the intersection of SR 9,
p"" Eastern Windward Way Commercial driveway, and eastern Wal-
Mart driveway. The signal analysis shall be submitted and analyzed by
GDOT.
L If a signal is warranted, a new decorative mast arm
traffic signal at the intersection of SR 9, Eastern
Windward Way driveway, and Eastern Wal-Mart
driveway shall be installed and dedicated prior to a
r C.O. as approved by the Transportation Engineer for
Milton and GDOT. The applicant is required to meet
with and coordinate his improvements with the
developers on all sides of his improvements.
Signalized intersections shall not be designed as a split
phase operation because of poor alignment or sight
distance as approved by the Transportation Engineer
for Milton and GDOT.
ii. If a signal is warranted, access at existing western
Windward Way Commercial driveway shall be a right
in/right out and a section of median required on SR 9
and as approved by the Transportation Engineer for
Milton and GDOT.
e) Gates are not allowed.
f) For office uses, a minimum of 1 car/vanpool or rideshare
dedicated area for 50 spaces. For all uses, a minimum of
bicycle space for every 10 parking spaces.
g) 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 one
hundred feet at a maximum grade of six percent or as
approved by the Transportation Engineer for Milton and
GDOT.
i. The driveway located off of Webb Road shall be allowed
to be offset from utility drive on the opposite side of
Webb Road as shown on October 10, 2007 site plan. The
intersection angle and driveway design shall meet the
City of Milton design standards to be approved by the
Transportation Engineer for Milton.
ii. The Webb Road driveway shall be a right/left in, left out,
and right out driveway. This 3 lane queue length shall
extend a minimum of 100' or the 95% queue length,
tow whichever is greater, of uninterrupted flow within the site.
Driveway location and design shall be approved by Traffic
Engineer for Milton and GDOT.
iii. The existing driveways on SR 9 shall be evaluated by the
Transportation Engineer for Milton and GDOT in response
.rw to the signal warrant analysis.
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) The water quality and detention 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 Department of Community
Development.
c) The Developer shall utilize GASWCC limited application controls. All
water quality and detention facilities shall have vegetated surfaces to
be regularly maintained by the owner.
bow d) Provide a maximum 75 percent impervious, per drainage basin, at
maximum build -out.
e) Detention facility shall have a 6 -foot, 5 board equestrian -styled
fence with 2 inch by 4 inch welded wire constructed around it.
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REVISED SITE PLAN RECEIVED OCTOBER 22, 2007
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REVISED SITE PLAN RECEIVED OCTOBER 22, 2007
LEGAL DESCRIPTION
FUTT JR E DE VELOPINILN I
All that tract or Imrcc I of Im nd lyiny xjni I bvin p, I icat-"d i 11
LaW Lots 104,1 and I 113, T)i,,:Ti v, t 2, SkUtiJIL 2. 'i" UltOD
Gcorp" and being more particularly Lkscubcd as follaw-s:
To find the TRUE POINT OF B1!:017NN17KC1. c-om mence. at an iron
pin f6und (10" Rfl) m the intersection of the existing nonhwcst
right o fwwy li wte 0I' Gcurgia I li g1jwiv -'14o. f1 J(V hcing 44' fTom
Ce nterline) wita the west Jinc of Land Lot I [ I 3, thence along a
,cu.,ve to the richt 1- avi ng a radi ux ul'4? 1 S.'4 feet acid yin aic lengft.
of 118.73 rcvt, lacing Nibmultd lay dwitil of'Nord) 71 dcgri=5 417
minutes 49 wconck Em for a distance of 1,58,73 f=t Ating the
existing northwm4glif of way lint: o C G i:c)Tgi;i Hijhwa- y No, 9
(&W being 4(' frorn centerline) to an ' ron pin set ( L 2- K."13) m
the soullkwest side of Divine. way is Priwor. CiTivc):
THENCE lcuYingsaid existing nonhwest r,.<,h.t olvely Uric of
Georjoa Highway No. 9. North 27 do grc,�-q 56 minuLs 49 sec onds;
East for a distance of 5 5, 36 feet alknig the m)udiwt:mlido Lit'DMix
Way to m t-4-*ini:
TTIENCE. Nvirffi 03 de W-ces 37 minutes 57 RCICOnd.1 NV'C;Rt fPT a
distance of 102. 76 t= along the soulltwest Side of Ditine Way to.
a point.
TITF-,NCT'-. No&k 16 dt:, 10Ub 06 MiLIUM 03 stcomls sffc5t for a
&mame (if 58.29 feet along the southwest side ol'Divinc Wati, to h
point;
THENCE along a curve to the ,i_Q)it having a radius of 315,00
feet kmd au are kengthof 443 1 &et, tv.i n ii -.qi ihimi dnd hy ii chi ml
of North 09 degot"s 31 miliutc-, I1 sccon& West lin u di m`.ancc of
4%24 ka tdimg of Divine w-'av to a point-
T14ENCE North 02 degees 51 rninut.k V; seconds lVeM ['or a
distance of 13,0 Pul -tiong 11bcm)Luhwr,,i1,,idv. ol'Div.'m Wiy to a
ed
point-,
RECEIVEJ)
TI IENCE Nurth 01- d q rccs 5? iii imjtr,�, 00 wconcti Wcst kir a
distance of -)4.01 foul alokg IN'soad1weV qide of Divine Way to, a
print;
I i
THENCE UlQtkg tt CUIV.- XO dU, lC1ft'.)8ViJ1g E radius :if I 135.,W
feet and an arc length of 353"; fccl, being subEended by, a chord
of North 08 dogrccs 25 minutes '17 Ak,eSt for
3{ 3 0 feet alon v, the sourhwcs. side of Vivine Vy u�• I L% I point;
'I I 1UN CL North I' , 6: ff-" q iA rn i r i nvq 54 svc i mtk Wol I 6r a
disumic c of? -A 62 f"t a I ong the scuthwest side Q J* Di v it) c ,].,'air to t
poinl;
RZ07-011
Its
X,*.U,j-,..r%it.,CCQztuii35.st,ait�',.Tll.ii)niiip.C.r,raTairaini-,',NiugWrC Aprida 11.27.1117,I)LD7,411 LA:$;hl hviALdev
"HEN(T atoniS u csurve to the tight having a radiiuF (q'215.,30
arrrar foci and an are 1e11.etlt of i 1.41 feet, b :� nt� s ubte tided by a char i
ut'Nur h 0 de-gc-cs 4d minima; 21 "c,. -aids w1•`est for a distance of
31.18 &03101)g the Undlhwves.l Side of l)iVinw Way to an iron pin
set (PT' R/I1 ) and the FRU k"(.?!h f OF liffiTVNiNCY,
THENCE South 73 destrwF, 53, minulr<h 57 seconds West fcr a
distance, of 1-1636 fect to an iron pin sit (b"2 -W13) on the wcsL
lilts: nfUslid Lot 11148;
TTTTTCP Nurih 00 tleg=3 11 minutes 19 secundls "ost for a
distance of 130.55 fw^c1 along lbet west title of Land La. 1048 to an
irca pill set O. -T' R;R�.
T111 'M'k leaving said wess lim dsft.atid Leat 1048. South M
clea rccs 2:8 njirturci 19 scoands We:,t for a distance a+f 42.20 fd:eL
to an iron pin;
THENCE' North 00 depk-rs 16 -miniitcN 19 wconds East for a
1.1h4auuc of 83 1. 10 fw to an iron put on the south rigFat of way line
of W bb Rome (a fitY It?W ):
T14ENCE alone a curve to the right having a raditis of 5431,61
fett and an axe lvnglh A 11.40 feet. beiaig stibicadcd l.p a zhord
of Smith tic? dlcTTres 29 minutes 2:1 sccond3 El wl 1'(Yr ;a dislance of
11.90 feet dunghc. so
luth rigbi of way lint A' Wka lel el caac to i
Pc i tit,
'HIENC E South SSR dcgmcfi 26 mimites 41 5k.rond,4 Fast liar a
disltmw of 9:3.60 lett Ault mg the south right of xily line caJ" ' ebb
Rmid to al (' o i nt ,
THENCE viloniz i curve its the left halv4ig e radius of 756.7-6
tcct and au rare length af.104.80 foot. b(nne-meruietl by a ►hm'd
(If :Scsw.Lh bol cici rases 54 mitairrca '-'"r Secc,n is' I .aast for a dimince of
302-74 ki:.ct along the with right cit' ww dy lisp: ct"Webb Monet to ax
paint.
THENCE South 81 deerccs 45 minutes 00 secowls East f+. <4
distance of 1,00 foot aloes the Smith s ight of tva:r ling of §%'el+
Road .o an iron Fin ( l 2" K.`B) on the ;. asl line of ' ,tind I xt
1 A9;
THENCE NCE Soulh 811 d vgrees, 33 minutes 05 sccunds Eu t For a
distamc cif:50.03 0.03 lent alone the with i-iyht okw ka line ol'Web
Road Lau alruiuL,
T1IFNCE South 822 de -yr= 5 tnintites 13 seconds Eto fres it
distance of 19.` 0 feel alOIIJ4 tlae south. right ofway y line ck *Wvbb
Rodd Ia) all iron pin (1,12" 1j13)9
eeiw, eel
RECEIVED
P: J, 1 ,0
THENCE 1"a-ving suite -PULh ri -hl OC , eV line of Wz: bb Planet,
South 16 tIc-mcs 116 rn illutes :32 seconds kml fur to dktartce cit'
,182- 12) Leel ads an Brun pits found (I 2" R,,i3);
aE &. "�_ � R 07.011
X.-IJ]uaal sl'ing l.rxnmission'Aibstrr K'A};:; )&, 1I •�? ATIR7117-till 1 -erre ii -ml r9rr:
MM" THENCE. 'Soin't 16 06 minults 16 seconcli East I*i)r ra
disLanvu of 89.61 fee -t '.o an iron pin fOUIld ( VZ' IUD);
%Vw THENCE Noutz 10 de 3 s�L
girces U6 ininij tvs U xkond5 Iter to
di rtanec (if 13.512 fcct lx) in imn pin wl. (1."2:' R,B).-
TITENCT Soutli 73 de6ivt:,s 53 LIADULUS 57 SC4UR41S Wk:,Sl fol Ll
distance of 121.95 feet to an iron pin set 1;1:x." R,,B),
TT IENCT.Norlh 81 degrees 29 in iimtes 3R see -ands West for a
distance o`30.00 Caet alung the ciwev e&.1 of Dixdne Wiv to in
LCon P41 SCt (I ."Z' R-13)"
TIHENCE South 00 dugrecs 30 minkitc,% 22) s"ondsiWsl Gir a
dishuice ail' 12.09.reclalong tbt: twuLhwust side AffDiv;;ne Way to a
pwint;
THRNCRMone-4 rtinc- to vbc- ri&- b.,winu, 4 rr 4 Ji i is 15 00
feet and an arc lonj�-th rf 22-84 I -cot, bcingsubirnded by ia uhurd
of South 02 degrees 32 minutes 15 setonds East tbr a distance of
?2.81 kv ilong thc southwes-. side of Di-6ric Way vN x point anti
the fx)irkL(,rTwj.Jnrdni,,,
Tog&,i ht:T WiTh :inti 104kleCE to coveitirits. eae ji-i ttivs, wid
re'3uicdous of rt'eord-
.&W property contains upproximakelly tUJ6 ac-ivs,
RECEIVED
C -.y Of Milm.
RZ07-011
11.2717,RZ07 IM Lejpd finalAiv