HomeMy WebLinkAboutORDINANCE NO. 07-12-64ORDINANCE NO. 07-12-64
PETITION NO. RZ07-007NC07-005
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND A (MEDIUM
DENSITY APARTMENTS) DISTRICTS TO C-1 (COMMUNITY BUSINESS) DISTRICT,
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF SR 9 AND DEERFIELD
PARKWAY
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
December 6, 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 the
southeast corner of SR 9 and Deerfield Parkway consisting of a total of approximately 16.07 acres,
be changed from the C-1 (Community Business) and A (Medium Density Apartments) to C-1
(Community Business) District with conditions attached hereto and made a part herein;
op." ALL THAT TRACT or parcel of land lying and being Land Lot 975 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ordinance are hereby repealed; and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 6th day of December, 2007.
Attest:
Je ette Marchifava, City Clerk
(Seal)
Approved:
CONDITIONS OF APPROVAL
RZ07-007/VC07-005
Southeast Corner of Hwy 9 & Deerfield Parkway
The City Council approved the rezoning of property located at the southeast
corner of Hwy 9 and Deerfield Parkway. Rezoning petition RZ07-007/VC07-005 to
rezone from C-1 (Community Business) and A (Medium Density Apartments) to C-1
(Community Business) CONDITIONAL was approved by the City Council on
December 6, 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 fast
food restaurants limited to bagel, bakery, coffee houses without window
service, and ice cream shops, none of which may be freestanding, also
including all exterior food and beverage service areas when associated
with permitted businesses. Allowed uses shall not exceed a maximum
density of 8,805.43 gross square feet per acre zoned or a total of 141,511
square feet, whichever is less.
b) No drive through will be allowed for dry cleaners or fast food restaurants.
Banks shall have no more than 3 drive through lanes.
c) The following uses are excluded: gas stations and associated gas pumps,
freestanding fast food restaurants, 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.
d) Restrict the maximum height including any parapet to 35 feet from
average grade.
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on November 28, 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.
b) To allow two (2) out -parcels as shown on the site plan.
3) To the owner's agreement to the following site development considerations:
a) To provide a maximum parking ratio of 4.65 per 1,000 gross square
feet for uses other than restaurants; however, restaurants shall
provide 10 parking spaces per 1,000 gross square feet.
b) To provide a six-foot wide sidewalk from the existing sidewalk on
Deerfield Parkway to the southeast corner of the major tenant as
required by GRTA.
c) To provide three vehicular inter -parcel access points on the
southern portion of the property.
d) The developer shall provide one (1) multi bay bicycle rack at every
building. Major retailers will provide two multi bay bicycle racks.
e) All building entrances shall have a direct connection to the sidewalk
network.
f) Reduce the required 10 -foot landscape strip along the south property
line to the extent necessary to allow interparcel access and sidewalk
connections from adjacent property to the south and building
locations.
g) To allow a loading area within the front yard (Deerfield
Parkway). Loading area will be screened per SR 9 Overlay District
Standards. Developer will provide vegetative screening of loading
""'" area wall where feasible. (VC07-005, Part 3)
h) Dumpster pick up shall not occur prior to 7:30 a.m. and not after
"o„ 7:30 p.m.
i) Parking lot lighting shall be Visionaire Lighting Monterey Series
architectural/decorative fixtures which are Dark Sky compliant.
j) Provide a 10 -foot landscape parking island for every 5 parking
spaces and at the end of every parking bay or as may be
approved by the City of Milton Arborist.
k) Maintain the 100 -foot wide natural undisturbed buffer replanted
where sparsely vegetated along the eastern property line and allow
for access along the eastern side of the major tenant as required by
the City of Milton Fire Marshall and GRTA, monument sign at Deerfield
Parkway entrance sidewalks, retaining walls and detention facilities.
No part of any building may be located within this buffer. Eliminate
the 10 -foot improvement setback adjacent to the 100 -foot buffer
where no existing trees will be impacted.
4. To the owner's agreement to abide by the following requirements,
dedication and improvements:
``w`" a) Dedicate at no cost to the City of Milton prior to the approval
of a Certificate of Occupancy, 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 City of Milton Traffic Engineer and the
Georgia Department of Transportation to:
Provide at least 10.5 feet of right-of-way from the back of
curb 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 construction of an additional four (4) feet of paving
adjacent to curb for future on -street bicycle lane
across the eastern frontage of Cumming Highway (SR9). Re -
striping of SR 9 for bike lane to be performed by the City of
Milton or Georgia Department of Transportation at such time
"^"" bike lane is needed.
POOH iii. Provide a six (6) foot wide sidewalk within the right-of-way
along the property frontage with such sidewalk a minimum of
NANO five feet from back of curb and no closer than 2 feet where
feasible, as approved by the Director of Community
Development.
All new sidewalk installations along the rights -of -ways shall
have a color stamped pattern to simulate a transverse
double row brick paver pattern every 50 feet, to be
approved by the City of Milton Design Review Board.
iv. Add 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.
V. Dedicate a minimum of 55 feet of right-of-way
from the center of Cumming Hwy (SR9).
vi. Provide adequate right-of-way dedication for addition
/modification of the following elements on the SR 9 and
Deerfield Parkway intersection:
a) SB Left Turn Lane on Cumming Hwy (SR9)
"k*.* b) NB Right Turn Lane on Cumming Hwy (SR9)
c) WB Left Turn Lane on Deerfield Pkwy
vii. Installation of a new decorative mast arm (Model #Valmont
spec: F283A for Mast Arm and Valmont Spec:F283A for
Pedestrian Pole, see cut sheets attached) traffic signal at the
corner of Deerfield Pkwy and Cumming Hwy (SR9) prior to a site
C.O. as approved by the Transportation Engineer. Building C.O.'s
will not be delayed by signal installation.
viii. Installation/modification of the following transportation
infrastructure:
a) SB Left Turn Lane on Cumming Hwy (SR9) at Deerfield
Parkway.
b) NB Right Turn Lane on Cumming Hwy (SR9) at Deerfield
Parkway.
c) Addition of WB Left Turn Lane on Deerfield Pkwy at SR 9.
,,,,s,,, d) Addition of WB Left -Turn Lane on Deerfield Pkwy at new
access drive.
e) Addition of EB decel Lane on Deerfield Pkwy at new
access drive.
f) Add auxiliary lane along the property frontage on SR 9
from new full access driveway to Deerfield Parkway,
with necessary striping.
g) Add left -turn lane at new access point on SR 9.
ix. Provide design and installation of all other GRTA Notice
of Decision recommendations per Appendix A and B.
a) All throat lengths of driveways on SR 9 shall be at
least 200 feet and provide one inbound and two
outbound lanes for 130 feet of throat length.
b) The throat length of the driveway on Deerfield
Parkway shall be at least the 95th percentile
queue for length or 100 feet, whichever is
greater, with one inbound lane and two
�..., outbound lanes.
c) One full access driveway on SR 9 and one full
access driveway on Deerfield Parkway.
d) The Developer/owner shall install a bus shelter
on Deerfield Parkway property frontage within the
right-of-way, as approved by Public Works
Department in coordination with MARTA or the
Transit Planning Board at such time a bus route is
planned adjacent to property. Any proposed
designs shall be reviewed by the City of Milton
Design Review Board.
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
s.„„ conditions at each point of discharge from the property. In
addition, the engineer shall study the impact of the project on
MONO downstream properties and drainage systems. The water quality
and detention facilities shall utilize earthen embankments where
possible. Detention facilities may also utilize underground piping
storage if needed. Walled structures are not encouraged. If walled
structures are needed/proposed, they must meet the acceptable
design standards of the Department of Community Development.
Detention facilities shall appropriate and prescribed landscaping.
b) Detention facility shall have a 5 -foot, 4 board equestrian -styled
fence with 2 inch by 4 inch welded wire constructed around it.
6. The applicant shall act diligently and in good faith to secure from the owners
of Phase 1 (Z03-183) a restriction on billboards and other uses prohibited in
Phase 2 to be extended to Phase 1.
7. The applicant shall act diligently and in good faith to accessorize the mast
arms in Phase 1 to as closely resemble those installed in Phase 2.
amm REVISED SITE PLAN RECEIVED ON 11/28/07
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amm REVISED SITE PLAN RECEIVED ON 11/28/07
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EXHIBIT "A°'
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL of Land lying and being in Land Lot 975 of the 2zd
District 2d Section, Fulton County' Georgia. and being more particularly described as follows:
Beginning at a 54 inch rebar set at the Land Lot Comer common to Laud Lots 974,975,
1042 and 1043, said point being the TRUE POINT OF BEGLNNR,,G. Thence North 88 degrees
34 minutes 37 seconds, West a distance of 647.34 feet to a #4 inch rebar set on the easterly right-
of-way of U.S. Highway 19 and Georgia High-.%,aN 9 (a variable width right-of-way); Thence
continuing with said easterly rigbt-of-way of US. Highway 19 and Georgia Highway 9 North 10
degrees 02 minutes 52 seconds East a distance of 1274.56 feet to a % inch rebar set: North 51
degrees 54 minutes 31 seconds East a distance of 83.92 feet to a `,i inch rebar set at the
intersection of said right-of-way of U.S. Highway 19 with the southern right-of-.vay of Deerfield
Parhvay (100 foot nght-of-way)- Thence continuing along said right-of-way of Deerfield
Park -way South 79 degrees 57 minutes 08 seconds East a distance of 385.0feet to a % inch rebar
set; Thence leaNing said right-of-way South 00 degrees 5S minutes 25 seconds West a distance
of 1253.70 fleet to a 5i inch rebar set at the Land Lot Comer common to Land Lots 974, 975,
1042 and 1043, said point being the TRUE POUT OF BEGINNING.
Said Tract of land contains 16.073 acres as shown on that certain ALTAIAC.S.-M land
Title Suney for Sembler Alpharetta I, LLC and Chicago Title Insurance Company by
GeoSun,e,v. Ltd. dated March 31, 2006 bearing the seal and certification of C. Colburn Wa-y
GRLS No. 2951 rne
LEGAL DESCRIPTION - RZ07-007
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Mast Arm — Traffic Signal
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Mast Arm — Traffic Signal
Pedestrian Signal
1.4
Pedestrian Signal