HomeMy WebLinkAboutORDINANCE NO 10-03-60ORDINANCE NO. 10-03-60
PETITION NO. ZM10-01
STATE OF GEORGIA
COUNTY OF FULTON
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
March 15, 2010 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners,
approved on July 5, 2006, for petition 2005Z-117 that approved a zoning to MIX (Mixed Use) on
Birmingham Hwy (SR 372) and Crabapple Road (SR 372) consisting of a total of approximately 62.86
acres, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land located in Land Lots 1096, 1097, 1135, and 1136 of the 2nd
District 2nd Section of the attached legal description; and
SECTION 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ordinance are hereby repealed; and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 15th day of March, 2010.
Approved:
Joe Lock
Attest:�
Sudie Gordon, Interim City Clerk
rte. (Seal)
CONDITIONS OF APPROVAL
ZM10-01
Birmingham Hwy (SR 372) and Crabapple Road (SR 372)
loom The City of Milton Mayor and City Council approved the modification of conditions of
" 2005Z-117 with regard to the above referenced property zoned MIX (MIXED USE).
Zoning Modification petition ZM10-01 was approved by the Mayor and City Council at
the March 15, 2010 hearing, subject to the following conditions:
1. To the owner's agreement to restrict the use of the subject property as
follows:
d. No more than 47 townhomes at a maximum
acreage zonedof ,
units per acre based on the total reag
whichever is less.
e. No more than 52 single family residential units at a maximum
density of 0.83 dwelling units per acre based on the total
acreage zoned, whichever is less.
f. No more than three (3) Irotximatel have
acre)nor�above um lot Sat least
ize of
10,890 square feet (app Y
three (3) lots (Lots 11-13) shall have a minimum lot size of one
(1) acre or above, and the remaining lots shall have atela
minimum lot size of 14,500 square feet (approximately 1/3 of
an acre) or above.
2. To the owner's agreement to abide by the following:
a. To the revised site plan received by the Milton Community
Development Department on February 4, 2010. 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. 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:
e. To provide a 10 -foot building separation with a 5 -foot side
yard setback for lots less than one (1) acre.
4. To the owner's agreement to abide by the following requirements,
dedications, and improvements:
C. To provide all road and pedestrian improvements along
Birmingham Highway in accordance with Georgia
Department of Transportation (GDOT) permit issued
November 15, 2006 or as may be modified and approved by
the Georgia Department of Transportation and the City of
Milton Public Works Director. Said improvements shall include
the relocation and reconstruction of all existing infrastructure
improvements that may have been constructed after the
GDOT permit approval. All improvements shall be completed
within one year of this zoning modification approval unless
otherwise extended by the Director of Public Works due to
conditions outside the control of the developer as it relates to
easements public utility relocations, or other items within this
scope of work.
Site Plan Submitted to the Community Development Department on February 4, 2010
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