HomeMy WebLinkAboutORDINANCE NO. 08-07-18ORDINANCE NO. 08-07-18
PETITION NO. ZM08-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITIONS) OF A RESOLUTION BY THE
FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ03-
E
SECTION CONSISTING OF APPROXIMATELY 8.9 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session
on July 7, 2008 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of
Commissioners, approved on December 3, 2003, for petition RZ03-140 that approved a zoning
to C-1 (Community Business) property located the south side of Hwy 9 east of Sunfish Bend
within Land Lot 758, 2nd District 2nd Section, consisting of a total of approximately 8.9 acres,
attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 758 of the 2nd District 2nd
Section, Fulton County, Georgia by the attached legal description; and
SECTIPON ON 2. That the property shall be developed in compliance with 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 all ordinances or part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and
City Council and the signature of approval of the Mayor.
ORDAINED this 7th day of July, 2008.
Attest:
w a tte Marchiafava, City Clerk
Approved:
Joe Lockwood, a r
CONDITIONS OF APPROVAL
ZMO8-02
South side of Hwy 9, west of Sunfish Bend
Now The City of Milton Mayor and City Council approved the modification of the
condition of RZ03-140 with the regard to the above referenced property zoned
C-1 (Community Business). Zoning Modification petition ZM08-02 was approved
by the Mayor and City Council at the July 7, 2008 hearing, subject to the
following conditions:
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Community Development
Department on June 4, 2008. Said site plan is conceptual
only and must meet or exceed the requirements of the Zoning
Ordinance and these conditions prior to the approval of 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. (ZM08-02)
3. To the owner's agreement to the following site development
considerations:
d. Provide 6 -foot wide concrete sidewalk along the entire
frontage SR 9 frontage of the property located no more than 1 foot
off the Right -of -Way line and no less than 4.5 feet behind the back
of curb, and shall have a transverse double row of faux concrete
brick pavers every 50 feet as approved by the Public Works Director
for Milton.
e. 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.
Provide motorized Inter -Parcel access to west adjoining property as
required by the Director of Public Works. Provide additional non -
motorized inter -parcel trails or sidewalks as may be required by the
Director of Public Works.
g. Provide construction of a standard 4 -foot wide bicycle lane across
the entire property frontage of SR 9. There is no constitutional
authority for Fulton County to provide sewer service to this property
at the current time. As such, this approval is contingent upon the
future availability of sewer for this property.
h. This approval should not be construed as a promise of future sewer
service for this property. The developer, applicant, and/or owner of
this property should proceed at their own risk with respect to
0
incurring expenses and otherwise pursuing development of this
property until such time as the City of Milton authorizes a provision
of sewer service for this property.
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