Loading...
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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 SILO; 01 RFOE-NED riv�ot Oz-cripfioki ll -b 04 `1111? S aai, I,i�� y t, fit, IP:- bc� X J'!lti (I a III I I k'A1 vt-uNN I %( - it A" jqn PA N=90 If e I ANIL it , IOWA eonqw," it opcil tql; ,d,1;48. -4I III of - iwt r" SIN on 4w 'womy TWO ti uw� ol Ofvl-,�W,. UPICIT w"V aTA". UX ke W L S 01`*'75" 13 1 rom, L.w S 'IN AUNIN" i 29 NV of IIIIJ10 too In I to I XV At WL: a Ona" """ A" mu. or 3s. s kn; UAd brill: 42"Iw36" 431 wj pow WOO K ado, it ,0 CNN C:xill ;:Et a.id UK 111,C. I! T.", 1-, fect, �xt,l �tll vc, llav�r,,, �1 I; by a "Und 14 S 4Hn5JJW1 IT 4112 10 , a, Sill` 11%2- VF A ATIMn "I 51.92 fc�yl to 110iFf- 111C &HIM f"t 0", PkW4wit I(II.X11 I'(1A i, eIml 1C Nw MAI he w jqm dmwc Avg S HwJWITI F a di-larm -A Rw ou CK Ql 4" Aw di.an we 01 TiAlo xv" SX& nW i 1 E 3Y 11 tml 1,46 it) ITlit ' P It c %k A IC, EVE U IJYW�--WS 55" IN sy, Wn to j p0M, HUNL ri , i y5b, U mf 73M7 We! 44-04',V;" W K6AI k%it, 4 111` it, ,It I'm 2423 Oi�ull ,:c S 58' EE 0- b1svil" vy r il ,� M— A 1 n 41 Kwwc A tit M4 R4,41 - o N3-:�5 Is -.'l lo �I.pk l. 41"4 114 �I%Vnfl oom OwInx jj�, me w,k L"d no IWO %.aj! tJ.Itj .Jjjt xA M Rpm"mw Ni"P "I no" J I IV "W; aw 1,0101[ IVA, NY" 050, M� M i 097 W04 U_ a a !'11i` T ou llK,GINNI Aw 0 1 o t ii" 'Al I c 5 T I MA,Its rJ , J, rip J,2 t Ji S - It �J, it"A 49 J -;P pr Fr, - a 1.0 11 SPI, r0l, I" k NIVU, to CL A flo L 16iFkt . d—A 411 'M LIS' , kjc r S ,ju TDs i roll alt In -re L:t k�' p rf zm10--01