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Home My WebLink AboutORDINANCE NO 11 12 122ORDINANCE NO, 11-12-122 PETITION NO.ZM11-04NC11-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z05-022 ON SEPTEMBER 7, 2005 AND TO MODIFY A CONDITION OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON SEPTEMBER 20, 2007 APPROVING ZM07- 03, AND TO MODIFY CONDITIONS OF AN ORDINANCE BY THE CITY OF MILTON MAYOR AND CITY COUNCIL ON DECEMBER 7, 2009 APPROVING ZM09-03 PROPERTY LOCATED ON MORRIS ROAD, WEBB ROAD AND DEERFIELD PARKWAY IN LAND LOTS 1044, 1045, 1046 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 32.029 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on December 19, 2011 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on September 7, 2005, for petition Z05-022 that approved a zoning to MIX (Mixed Use) and to modify a condition of an ordinance, ZM07-03 by the City of Milton Mayor and City Council, approved on September 20, 2007, and to modify conditions of an ordinance, ZM09-03 by the City of Milton Mayor and City Council approved on December 7, 2009 for property located on Morris Road, Webb Road and Deerfield Parkway consisting of a total of approximately 32.029 acres, attached hereto and made a part herein; SECTION 2. ALL THAT TRACT or parcel of land located in Land Lots 1044, 1045, and 1046, 2nd District 2nd Section of the attached legal description; and SECTION 3. 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5.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. Page 1 of 7 ORDAINED this 19th day of December, 2011. Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk Page 2 of 7 CONDITIONS OF APPROVAL ZM11-04/VC11-06 Morris Road, Webb Road and Deerfield Parkway RECOMMENDED CONDITIONS The Mayor and City Council approved this petition; the recommended conditions (RZ05-22, ZM09-03) should be revised to read as follows: 1. To the owner's agreement to restrict the use of the subject property as follows: d. Site development shall be substantially consistent with the rendering and elevation submitted to the Fulton County Department of Environment and Community Development on June 27, 2005 except for lots identified as 136 through 163 on the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 on the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM1 1-04) E The minimum heated floor area for a townhouse unit shall be 2,000 square feet except for those lots identified as 136 through 163 shall be a minimum heated floor area of 1,850 square feet. All units shall have a rear entry 2 - car garage except for those lots identified as 136 through 163 shall have a front entry 2 -car garage per the revised site plan submitted on November 24, 2009 to the City of Milton Community Development Department; 186 through 220 shall have a front entry 2- car garage and a minimum heated floor area of 1,850 square feet per the revised site plan submitted on November 3, 2011 to the City of Milton Community Development Department. (ZM 1 1-04) g. Units 136 through 154 provide a minimum of a 20' setback from the back of sidewalk to the garage door and Units 155 through 163 provide a minimum of a 18 foot setback from the back of sidewalk to the garage door; Units 186 through 220 provide a minimum of an 18 foot setback from the back of sidewalk to garage door. (ZM 11-04) 2, To the owner's agreement to abide by the following: a. To the revised site plan received by the City of Milton Community Development Department on November 3, 2011. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Community Development and must meet or exceed the requirements of the Zoning Ordinance and these conditions. Unless otherwise noted herein, Page 3 of 7 compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (ZMl 1-04) 3. To the owner's agreement to the following site development considerations: U. To provide 13 parking spaces for the amenity area. (VC 11-06, Part 1) V. To allow the rear of townhome units to exceed 25% cement siding and to provide a 3 foot high brick or stone water table for units 186 through 220. (VC 11-06, Part 2) W. The rear of each unit shall be painted a dissimilar color (as allowed by the SR 9 Overlay District). Page 4 of 7 Page 5 of 7 I f. �� TL�'r ' 6f4„yll � ,�'i o , �• �.t I ; � I i r � I j r 5i J la yi 99 e yri y,� s I�,bre �r i r II ��II !yrE �Svy 1 s� 1ISId .es811 ECi9wa oam [ �' I��•�, t �xi3� � �ik ��.�19 J I ? s� i iFi �� l��.W+�Il��jd i��rSj4iit+al3+y�c+l ,9i i i j {�• S4 ,j�� IL I I 7MI� E.E. Revised Site Plan Received November 3, 2011 Page 6 of 7 DESCRIPTION OF PROPERTY TRACTS ONE, TWO, POUR, FIVE. SIX AND S£48N ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING WITHIN LAND LOTS 1044 & 1045 OF THE 2ND DISTRICT, 2ND SECTION OF FULTON COUNIY, GEORGIA AND BEING MORE PARTICULARLY' DESCRIBED AS FOLLOWS, BEGINNING AT A NAIL FOUND IN A FENCE POST, SAID POINT BEING THE LAND LOT CORNER COMMON TO LAND LOTS 1043, 1044, 1045, & 1046 OF SAID 2ND DISTRICT. 2ND SECTION, THENCE DEPART SAID LAND LOT CORNIER AND PROCEED NORTHERLY ALONG THE LAND LOT LIME COMMON TO LAND LOTS 1043 & 104.4, NORTH 01'07'11' EAST, A DISTANCE OF 854.50 FEET TO AN AXLE FOUND; THENCE DEPART SAID LAND LOT LINE SOUTH 73'53'03" EAST FOR A DISTANCE OF 1396.64 FEET TO A POINT ON THE LAND LOT LIN£ WMMON TO LAND LOTS 10Q & 10445 SAID LINE ALSO BEING THE LINE BETWEEN THE 2ND DISTRICT, 2ND SECTION AND THE 2ND DISTRICT, IST SEOTICIN; THENCE SOUTHERLY ALCNG SAID LAND LOT LINE AND SECTION LINE SOUTH 00'00"39" EAST FOR A DISTANCE OF 92.78 FEET TO A _'' CRIMPED TOP PIPE LOCATED WERE 'SAID LINE INTERSECTS THE NORTHWESTERLY RIGHT OF WAY UNE OF MORRIS ROAD (VARIABLE RX; THENCE DEPARTING SAID LAND LOT AND SECTION LINE ALONG SAID NORTHWI�STERLY RIGHT OF WAY LINE OF MORRIS ROAD, 154.47 FEET ALONG THE ARO OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 855.21 FEET AND BEING SUUTENDEU BY A CHORD OF SOU7H W%'07' (VEST, 154.28 FEET T4 A POINT; THENCE S)QUTH 1-34*59' WEST AND CONTINUING ALONG SAID RIW FOR A DISTANCE OF 623.30 FEET TO THE POINT WHERE SAID NORTHWESTERLY RIGHT OF WAY INTERSECT$ THE NORTHERLY RIGHT OF WAY LINE OF WEBB ROAD (VAFJASLE R/W). THENCE NOR71-111t'ESTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE OF WEBB ROAD (VARIABLE R/W) THE FOLLOWING COURSES ,AND DISTANCES:. (1) NORTH 6248°01" WEST, 389.21 FEET TO A 1' CRIMPED TOP PIPE; (2) NORTH 83'24!56" WEST, 203.79 FEET TO A 1.5" CRIMP TOP We (3) NORTH 62'41'09" WEST, 263.83 FEET TO A 1" SOLID RODE (4) NORTH 82'53'35' WEST, 50,19 FEET TO A CRIMPED TOP PIPE; (5) NORTH 82'.51'26' wEsT, 137.30 FEET TO A 3/4'° OPEN TOP PIPE; (a) NORTH 62'51'2$" 'eIEST, 129.42 FF4;1' TO A 3f4" OPEN TOP PIPE ON THE LAND LOT LINE COMMON TO LAND LOTS 1045 AND 1046 OF THE 2ND DISTRICT. 2ND SECTION: (7) NORTH 01'503" EAST ALONG SAID LAND LOT UNE COMMON TO LAND LOTS 1045 AND 1046 FOR A DISTANCE OF 15.4$ FEET TO A POINT; (6) NORTH 62`'56'44 WEST AND DEPARTING SAID LAND LOT LINE COMMON TO LAND LOTS 1048 AND 104136 FOR A DISTANCE OF 2O6.BS FEET TG THE MITERED INTERSECTION OF THE 'SAID NDRTHERLY RIONT OF 'NAY LINE OF WEBB ROAD AND THE EASTERLY RIC#IT OF wiAY LINE OF DEERFIELD PARKWAY 0OURJ1Y); THENCE NORTHWESTERLY ALONG SJPJD MITERED INTEPSECTiON NORTH 5(r4 -O'23' WEST FOR A DISTANCE OF 44,52 FEET TO A POINT ON SAID EASTERLY RIGHT OF WAY LINE OF DEERFIELD PARKWAY; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT OF WAY NORTH 09'42'26' EAS -I FUR A DISTANCE OF 260-09 FEET TO A PCINT; THENCE 79.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 760,20 FEET AND BEING SUBTENDED BY A CHORD OF NORTH 03` X40" EAST, 79.63 FEET TO A POINT WHERE SAID EASTERLY RIGHT OF WAY UNE INTERSECTS THE LAND LOT LINE COMMON TO LAND LOTS 1043 & 1048, THENCE DEPARTINC SAID RIGHT OF WAY OF DEERFIELD PARKWAY. EASTERLY ALONG SAD LAND LOT LINE NORTH 89'39'55' EAST FOR A DISTANCE CIF 209,57 FEET TO A NAIL FOUND IN A FENCE POST AT THE LAND LOT CORNER COMMON TO LAND LDT5 10Q, 1044. 1045. k 1046 AND THE POINT OF BEGINNING. OONTAINING 1,332,402 St`?UARE FEET OR 30,58774 ACMES, Ei ED Ylsilil5(]mtS'lwn i(IF'J..,!iITM3nt DescripLitm Irf Tract 3 All tlu+ttracl or parzeJ oflLutd lving and lsrin4 4ti illsin Land T-ol 1046 of the 2"4 N5,.riul, <"dSediun rsl'i'ullnn tAiunty, t;eorgia end beinG snore particu:arly described as .'clllows: 10 fm.1 tile point of LseL-innin�;„ Lcimmuncu ul o-1 nail ftnmd in a fence post. said point being Cho land lol comcr couu7701) to Land LC,t, lil43. 1044. 1045 ar►d 1046 a1'2,sri:l `nd Di criLl, :"`1 . M:lhm, dienca c1gw.1t sL id land lot corllcr L110119 The land lo[ Line Conmion to 1xid lo[., 1043 wid 1046 81WL11 89°39'S.i"Wcm, AI aliwlsmc.: of "Oa til feet to a point wherC said land lot line intclsccls thr mLArr1Y right of titsv line of'D=rlicJd Park•��ay (1 ' Lhv`nCL 1tsul.h l{9° 53'15' VVc;t aw PQSs said I i�11[ elf w;1y kir at 13i�tanu ttl' 100.0 l IixL lis u point ,%'iert ,aid lul tine i.nwrws ct5 the wcstcrly right of way lute oi'said Deerfield Yarkccigarsd L110 TILle Puin1 of 11c inning. From. -mid point of ixgilutin . ytnc'c:cd soulbcrly :14nv said wncs[cl'L4 11p,fILldl ►1•uy line ul' DwrlMILL Purkwny 67.79 .i=l uk.nY 1}rr. urL (I CU t urvL tts rT,c night. said curve Im-ing a radius of 666 .20 fee: and beim, .ubLernded b n chord ot'South 0747` =2" Wrcolt, 67. 76 7cLt Ira N lx?int; thcucc So-ath UVI2,26" Wcsr fur ss dis[anec of 280.04 taet to the roitered itfter}eLLiva ul' wid vwNicrl;• riuhL af'xuy line LA'Decrlield PtsrkWJV nntllc noltltcrJ-,,Aghrofway line of Wellls Ruad (variable IiAV); thence southwesLerly ulang sand mim%Tizd intcrs,:ction South {4'05"7'' V.'cst for a cli=talus of 4^1.52 fixt to a point on said nurtlscrly richt ul' wuv line ul' N1 chh Rrssul; I.hc uc rorthwrxLcrly along said right of way '40111) SEy'37'i: 'Nest fir a dMalics txl' 116.22 Ieet CC) a 4XlinL_ *.rilLc drjtarline.! :tans Tiohl 4 s LkIHY• ltiorlh I}I)' 7'US" 1_„15t for a d!StIJICC of 1-1 ,-U fcctto a pCirlt ols the lam: kit line commrm In land 1043 1 MI nrul 1(146: thcatce L!t.Ls ,rly al+mgr sa'd kud lot Lisle South 149"45'53" east for u distance of 190.46 fort Lu a point w*iere said land In[ lin: intersects ihC twstcrly right of -way line of Deerfield 1'ark-tav't:nd the hiir•:L(IMeyinning. C'rm dn:n� 6.,?86 SF or 1 4417 vic�,res NOV 0 3 2011 GM(AItn [bmrntn t/ Durmbprnena ZI 1 -04/I 1-06 Page 7 of 7