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Home My WebLink AboutORDINANCE NO. 09-03-38ORDINANCE NO. 09-03-38 PETITION NO. ZM08-08/ VC08-07 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY A CONDITION OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS PETITION Z05-029/ZM05-63. 'ROPERTY LOCATED ON THE SOUTH SIDE OF WEBB ROAD LAND LOT 1048 2 ND DISTRICT 2 ND SECTION CONSISTING OF APPROXIMATELY 2.8 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 16, 2009 at 6:00 p.m. as follows: SECTION 1. That the condition of a Resolution by the Fulton County Board of Commissioners, for petition Z05-029/ZM05-63 that approved a zoning to O -I (Office - Institutional) property located on the south side of Webb Road within Land Lot 1048, 2nd District 2"d Section, consisting of a total of approximately 2.8 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1048 of the 2"d District 2nd Section, Fulton County, Georgia by 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) i.■ 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 16" day of March, 2009. Approved: Joe Lo��Mayor Attest: lcz-'�Oaaxtrl �� O-t �- ••. J an t e Marchiafava, City Clerk vim (Seal) CONDITIONS OF APPROVAL ZM08-08/VCO8-07 South side of Webb Road The City of Milton Mayor and City Council approved the modification of the condition of Z05-029/ZM05-63 with the regard to the above referenced property zoned 0-1 (Office -Institutional). Zoning Modification petition ZM08-08/VC08-07 was approved by the Mayor and City Council at the March 16, 2009 hearing, subject to the following conditions: 2. To the owners agreement to abide by the following: a. To the revised site plan received by the Community Development Department on November 4, 2008. (ZM08-08). This 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. 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 the 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. That approval is based on the September 15, 2008 revised IGA ,.w„ and sewer service agreement approved by the majority of the Milton City Council, be adopted, approved, ratified by Fulton County. This approval would be conditional on the adoption and approval of the September 15, 2008 IGA and sewer service being approved by Fulton County. 3. To the owners' agreement the following site development considerations: b. To provide a 10 -foot building setback along the east and west property lines (VC08-07, Part 1). C. To provide a 10 -foot building setback along the south property line (VC08-07, Part 2). d. To provide a 10 -foot landscape strip planted to buffer standards along the south property line. 40"M e. To provide a 10 -foot landscape strip planted to buffer standards along the west property line adjacent to C-1 ,,bw (Community Business) including areas that are disturbed behind Building 3000 (SW Corner). To reduce parking to the minimum required spaces per Article 18.2.1 of the Zoning Ordinance. OPM g. To save trees numbered 1, 3, 4, and 5 as depicted on "Tree Location Map"; if not able to save the said trees as N"W determined by the Director of Public Works and the Director of Community Development then applicant shall recompense with 6" caliper trees. h. Provide a black four -board -equestrian -styled fence adjacent to the side walk between the sidewalk and the development or as approved by the Director of Community Development. 4. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Dedicate at least 45 feet of right-of-way from the centerline of Webb Road. b. Provide asphalt overlay along entire frontage as directed by the Director of Public Works. c. Provide six foot wide concrete sidewalk along the entire frontage of the property with a minimum 4.5 foot grass strip between the sidewalk and the back of curb, and shall have a transverse double row of faux concrete brick pavers every 50 feet as approved by the Director of Public Works. d. Driveway entrances shall meet the Community Service policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Director of Public Works. Site driveway on Webb Road shall be located a minimum of 300' from other driveways or as approved by the Director of Public Works. ii. Site driveway on Webb Road to provide a minimum 40' of uninterrupted queue length measured from stop bar behind crosswalk or as approved by the Director of Public Works. iii. The proposed driveway on the property to the east on Webb Road shall provide a minimum 60' of uninterrupted queue length measured from stop bar behind crosswalk or as •o— approved by the Director of Public Works. 5. To the owner's agreement to abide by the following: a. The water quality and detention facilities shall utilize earthen embankments or underground, where possible. Walled Iffl; structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. ........ . ...... ;0 . .......... MODIFICATI WEBB ROAD ON .............. ............. OFFICES SITE LAYOUT WILTOK GEORGIA PLAN SITE PLAN SUBMITTED NOVEMBER 4, 2008 Mom VC08-07 LT,Gay T, T)TSCRIPTION Ift"m 0,&[ ZON I NC SHOWN N ON M-1.0VNG PLAN BY ALC, INC All that tract or p=el of land 4ingw:id being in T and 1.«t 1049.2"'17isuict. f", �Cctiot% yujon (:o Ijuly. Gcorgi v4 and heing more pardeLl aily &-scrbod as Mlow5: Tri fins] -11T 'I'll 1. E 1101 N * 1 OF BEGINNING, CO'MMENCE at a pkA ni (in Ole southerly right of -war line, of W cb i Hood (.VSTi rAik right-of-way), iuid point being the northerly end of a right -o[ m4y -miter; thence al a n gsaid nght-of-w-i), of Web b Roud N77119'4#, -w a distance ul"22U).95 feet to it point, thance 1;77134'44 "W a ilistHnuv ul'74)25 ftel to a poillL 111MCC following a countuclockwise curve Faving a radiLvi " fw, an arc distance of 10L69 I�vt to apt.)jnt (Soid am ha,, a chcom tit 101A.) iectzuid a Chord bumink, of (hence N82"13:42"W a :istance feet t". upoim-, Ibence NI82'1 1'54"W a distance of 116.3, .fuel toTHL "FRIT. PONT Cir RECHNNIN' U. From this established point. lcavc. s;iid n:N-4)F-%vwq line of WeM Road and proceed djq ..jj,,r,e ()f 171.16 Feet tea a poim: LhL.10C 9851:54'16"W a distance of 314,60 1,�t Ii,) a pomt, thence NI1?'50'01 "E a distaim of 4*0,0 1 feet to apoint on Elie wtItIlerly right-ofywav line of Wchb Road; 6enex along said right-of-way line '82"13"]8" T, u di.,2rtix 0`256.92 feet uj a IvItA, Licac,-. AV I P54'T a distance 0'24.24 feel wTI 11 *ITRU h [10 M OF BEGNNINNG. This Txaj-.T or pe.1,col cQ11tain- 2,90.5 ac -ca of land. Now