HomeMy WebLinkAboutORDINANCE NO. 07-12-61 (VC07-010)ORDINANCE NO. 07-12-61
PETITION NO. RZ07-018/U07-009/
VC07-010
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) DISTRICT AND O-
I (OFFICE -INSTITUTIONAL) TO C-1 (COMMUNITY BUSINESS) DISTRICT AND A
USE PERMIT FOR SELF STORAGE/MULTI (ARTICLE 19.4.4141)), PROPERTY
LOCATED AT 2935 & 2915 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 at 2935
& 2915 Webb Road consisting of a total of approximately 2.62 acres, be changed from the C-1
(Community Business) District and O -I (Office -Institutional) District to C-1 (Community Business)
and a Use Permit for Self Storage/Multi with conditions attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1047 & 1048 of the 2"d District
2nd Section, City of Milton, 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ordinance are hereby repealed; and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 13th day of December, 2007.
Attest:
r
J6meete Marchifava, City Clerk
(Seal)
Approved:
Joe Lockwoc , k ayor
CONDITIONS OF APPROVAL
RZ07-018/U07-009
2935 & 2915 Webb Road
The City Council approved the rezoning of property located at 2935 & 2915 Webb
Road. Rezoning petition RZ07-018 to rezone from the C-1 (Community Business)
District and 0-1 (Office -Institutional) District to C-1 (Community Business) and a Use
Permit for Self Storage/Multi 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) Retail, service commercial and/or office and accessory uses, including
all exterior food and beverage service areas, at a maximum density of
44,160 gross square feet per acre zoned or a total of 115,700 square
feet 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) 1 10,000 square foot climate controlled self storage excluding
businesses operating within the facility, truck rentals, and no outside
storage. (U07-009)
c) Limit the height of the 5,700 square foot building to no more than 1
story.
d) Limit the height of the 110,000 square foot climate controlled self
storage to 3 stories with the appearance of 2 stories and 32 feet in
height to the eave with an additional 3 feet for the parapet.
e) No sewer connection outside of the Big Creek Basin.
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 24, 2007. Said site plan is conceptual only
and must meet or exceed the requirements of the Zoning Ordinance,
,o*" 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) Provide vegetative screening around the dumpster.
b) To save the three specimen trees located in the northeast corner of
the site; if not able to save the said trees as determined by the Director
of Public Works and the Director of Community Development than
applicant shall recompense with 6" caliper trees.
c) Site lighting shall be approved by the Design Review Board.
d) Provide a black four -board -equestrian -styled fence adjacent to
go" the sidewalk between the sidewalk and the development or
as approved by the Director of Community Development.
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:
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. Provide at least 5 feet of right-of-way for future
construction of a standard bicycle lane across the
frontage of Cumming Hwy (SR9) for limits of overlay as
approved by the Transportation Engineer for Milton and
GDOT.
c) 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.
d) Provide the following elements on Webb Road:
i. WB Left Turn Lanes on Webb Road at both
driveways
ii. EB Right auxiliary lane along the entire property
frontage on Webb Road with necessary striping.
iii. Easements where required shall be provided 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, as
approved by the Community Development
Director.
iv. Gates are not allowed.
V. Provide asphalt overlay along entire frontage as
directed by the Transportation Engineer for
Milton.
e) Provide the following elements on SR 9:
i. SB Right auxiliary lane and 4 -foot bike lane along the entire
property frontage on SR 9 with necessary striping. All
improvements should be approved by the Transportation
Engineer for Milton and the Georgia Department of
Transportation.
ii. 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.
iii. Installation and dedication of a new decorative mast
arm traffic signal at the intersection of Webb Road and
Cumming Highway (SR 9) prior to a 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.
iv. 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
ING feet at a maximum grade of six percent or as approved by
"" the Transportation Engineer for Milton and GDOT.
V. Driveway access on SR 9 to be permitted by the
Transportation Engineer for Milton and GDOT.
vi. Easements where required shall be provided 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 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.
vii. Provide asphalt overlay along entire frontage as directed by
the Transportation Engineer for Milton and the Georgia
Department of Transportation.
5) To the owner's agreement to abide by the following:
OFM 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
„ft.0 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.
d) Provide a maximum 75 percent impervious, per drainage basin, at
maximum build -out.
e) Recommend utilization of pervious materials for perimeter parking
spaces or as approved by the Transportation Engineer.
f) Detention facility shall have a 6 -foot, 4 board equestrian -styled
fence with 2 inch by 4 inch welded wire constructed around it.
WEBB ROAD AT HWY 8 REZONINGAW BUMN
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op"m REVISED SITE PLAN RECEIVED OCTOBER 24, 2007
LEGAL DESCRIPTION
C-1 ZONING SHOWN ON RE -ZONING PLAN
BY AEC, INC.
" All that tract or parcel of land lying and being in Land Lot 1048, 2nd District, 2nd Section, Fulton
County, Georgia and being more particularly described as follows:
""M BEGINNING at a point on the southerly right-of-way line of Webb Road (variable right-of-way),
said point being the northerly end of a right-of-way miter; thence along said right-of-way miter
S21 °55'1 7"E a distance of 21.65 feet to a point on the northwesterly right-of-way line of Cumming
Highway (State Route No. 9); thence along said right-of-way line S34°25'22"W a distance of
202.74 feet to a point; thence leave said right-of-way line N77°35'38"W a distance of 229.28 feet to
a point; thence S77°36'53"W a distance of 185.87 feet to a point; thence N81°13'30"W a distance of
56.87 feet to a point; thence N08°46'30"E a distance of 271.16 feet to a point on the southerly right-
of-way line of Webb Road; thence along said right-of-way line S82°11'54"E a distance of 114.34
feet to a point; thence S82°13'42"E a distance of 40.12 feet to a point; thence following a clockwise
curve having a radius of 1253.17 feet, an arc distance of 101.69 feet to a point (Said arc has a chord
of 101.66 feet and a chord bearing of S79°54' 13"E); thence S77°34'44"E a distance of 70.25 feet to
a point; thence S77°39'46"E a distance of 209.95 feet to THE POINT OF BEGINNING.
This tract or parcel contains 2.614 acres of land.
REVISED LEGAL DESCRIPTION RECEIVED 10/29/07