HomeMy WebLinkAboutORDINANCE NO. 09-12-54STATE OF GEORGIA ORDINANCE NO. 9-12-54
COUNTY OF FULTON PETITION NO. ZM09-03
low --
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
–_ -- . r..—�T, 7,&,«,-7 n2 punPVRTV 11 nCATED ON MORRIS
D WEBB ROAD AND DEERFIELD PARKWAY IN LAND LUIJ Iv44 1v40lvw
DISTRICT 2"D 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
7, 2009 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 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;
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 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hereby repealed; and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 71h day of December, 2009.
Approved:
, I
Joe Lockw , ayor
CONDITIONS OF APPROVAL
ZM09-03
Morris Road, Webb Road and Deerfield Parkway
The City of Milton Mayor and City Council approved the modification of conditions of
Z05-022 and ZM07-03 with the regard to the above referenced property zoned MIX
(MIXED USE). Zoning Modification petition ZM09-03 was approved by the Mayor and
City Council at the December 7, 2009 hearing, subject to the following conditions:
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. (ZM09-03)
f. 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.
(ZM09-03)
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.
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 24, 2009. 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,
compliance with all conditions shall be in place prior to the issuance of the
first Certificate of Occupancy. (ZM09-03)
3. To the owner's agreement to the following site development considerations:
t. To install additional landscaping at the north entrance of Morris Road as
am" depicted in the detailed landscape plan received by the Community
Development Department on November 24, 2009. Said landscaping shall
be installed prior to a Certificate of Occupancy being issued for lots 136
through 148 or as approved by the City of Milton Arborist. All newly
planted trees shall be 4 inch caliper in size.
Revised Site Plan Received November 24, 2009
...... .9 '. ....9.a39-i'.°.n.
,�j`S��u91�e139
•I I
3a`i p+p 8�a ��_. °a s�Ep"i hip
OEEIIFIEL01, �,: � g �_ I
.PARKWAY .. -
.SPFFO UW. IT
35
N 710,
F _
A I ° j1t .'•t11.L w w a �. 1 1 "� 3 t /'�'Stl 4w gill I
S a wl 44 I g 8j� 7 -
i t . tw _ i t � +S t ( I �,:. RA $n € / � +,,• wl
(` I 1 "' It 9'•- 4i 1k'..•. iY. I� � #di} n { I: Tx� 4 ��. (p�9 �' \ �� sw I� I I�
N < I 11 I'li f 3 j((i�� ��I � � to I K T7�jt , t �' v'+ {✓+� �9 I I I 1 �.�� ;
y^'I l tl ! �il• Y.t 1{ ili is5 'r �'� '1 c�• I I �
����•t I� � If 'wS t � E\ F I f' I r F R . ��' ¢# .." a%����� • �..
,
t 1• - b SCF ! �` J '� r1 __
v
S tJ_ RA t —.....- .•.• —ems- / -.i
-
r I
j it a
- I I t � �'- „i = z II II ,J•e. s (� q 9 it t el i II I�- �{ � ; I I
L �� f � •9 II 3 1�9� �I '"S)i { � I
N 13
a. ' I ;' � ` 1. � I I ' `g _ 1 �;t • I I � I 113' � � I . _ � (I I Y �� � � 1
e t 91
LIYIf 15 wPN
y
LANDSCAPE PLAN FOR NORTH MORRIS ROAD ENTRANCE RECEIVED NOVEMBER 24, 2009
0North Entrance on Morris Road s
Y
r Deerfield Green
Prepared for: Precision Design and Development qSTUD10
S i Contact Information: Corbitt Woods - 678.325.4500 e g
RECEIVED
EXRIBIT "All SFP 121309
j,,pp_al Desc rip
.iftun ca.z.,
nPsr.rIpfL-n rf Trouts Ons, Tlxt. Four, FI-io, Six and Soren
All that ifact or parcel of land lyirg and beteg m Land Lots 1044 8 1045 of ;he 2"'1 District, V"'
Sectio -i of Fultor County, GecirQla ard barg more partIcLIarty described as follows-.
Beginning at a nail found -In a fence post said point toeing localed at the land of carrier common
tot.anlLots 1043, 104~, 1045, & 1046 of said 2nd Dis:riet, 2'0 Sc-ctlnn- ihFmrr- 1pavirg said Land
U,t corner run thence rt*rthery along the Land Lot line con-n-irn to Land Lots 1043 and 1044,
Nut 01 01"07" 1" East, a di3iainoe of Gr,4.50 feet to an axle found; tnence leaving said Land Lot
line run Soo -.h 73'53'C9" East a d1stans of 1,2,96.54 feet to a point Uri Mot LaivJ Lot Gine
common to Land Lots 1043 & 1044, said line also beinq the common fine between the V
Di*lcl, 2d Qertm Rnd the 2"d DistAir:A, i" S#icflon: thence run In a sov,herfy direction along
sold Land Lot line and Section line South 00100139' East a distance of 92.78 feet to a 1Y."
crimped top pipo located at the Intersection cf the Land Lot and Section line and the
noMwastarly right of way line of Marrit. Road (variable KW{; Elittince departing said Land Lot
and Section line along said rorthwes4arty right of way line of Morris Rcad, run 2 distance of
154A7 feet along the arc of a curve to the left, said curve uYinq a radius of 856.21 feet and
being subterided bj a rhord of 3mith 1A*5-6*fl7* Wmit, a dislan ca of 134.25 `est to a point;
tl�ence run South 13*4.5'20" Woot and continuing alorg sold right-of-way for a distanoo of
623,35 feet to tint, puitit ur ititerseciu, of the uld norillwestarty right of way I'ne of Morris Road
villh the northerly right of way Piro of Webb Road (variable RJW); thence northweadedy along
said rortherV right of way line of Alabb Road (variable RhY) the rollowing courses and
OiWanrp-s: (1) North 82*46'01" Wast, 389..21 feet to a V crimped top pipe: (2) North 83'24'5W'
Watt, 203.711 foot to 2 1 5' cf4mp top Pipe; (3) North 82"41'0c' West. 2F,;3 13-3 fnet 'n a I' solid
rod; (4) t4m1h 62''53'35"~west, 50.18 feat to a'1..` crimped lop pipo; (5) North 6215121Er West,
133.30 feet to a V4" upon tup pipe; (8) Nut 0 1 62'5 t7 -e" West, 129.42 foot to a 14' open top
pipa on the land lot line ccrnmon to Lard Lam 1045 and 1040 at the Zncl District. 2nd Section;
(7) Norith 0 V5 113' East along said land lot line common io Land Lots 1045 anc 1046 for a
diMance of 15.06 foot to, A point: (8) North 82U44" Vlemt and depisAing said Land Let line
common to Lanc Lots 1045 and 1048 for a distance of 20616 foot to do mitered In,4raection of
the sad northerly right of way line of Webb Road and the easterly right of way line of Deerfield
Parkway j10WRPN): thence run northwesM-dy a' 7cng sold mitered irifenmcliuti Nuilli 50'4725
West for a distance of 4,62 feet to a point on sad easterly right of way line at Deerfiek!
ParkwaT, thence northerly along said easterly right of way of Diierfield Parkway North 05"42'21'
East for a distaree of 280-09 foot to a point- thence 714 69 fR4,-.t mlong thF Far. or a curve to the
loft, said curve having a radius of 766.20 feet and baing sibtanclod by a ohcrd of north
03'43'40" East 7945 feet to a point where sold vusl.wly dytit of vmy line intersects the Lard Let
line cornMri to Lain Lots; 1U4L' & 1U46, thence leaving the said r5ght of way of Deerfield
Parkyny, ran easterly alarm said Land Lot fine Kith 8903915ell East for a distance of 209.67
FA* to a nail thund in a fence peg at the land rot corner common to land lots 1043, 1144, 1046.
& 1040 and *Ao Poirt of Begirviling,
I he above described Iracl or pares) of land rAntains 1,332,402 square feet or 3048774 acres,
V
more or less, and is shown on and closcifibed atxo-ding to that certain survey prepared by Wads.
& Browning Ertg:noers. Inc_ for D7 WFIH, L _G; D7 WBH Alk-hh, LLC;; WS Holdings - Wind yard,
LLC; GcoTgIa Commerce Bank; and Chicago 7ifle Insuranoo 0=pany, %flich survey is
Incorporated heralzri and Mace a part of this legal description, IV
Mscsiption of Tract 1
All that trod yr jum-cel of land 1yiijg and )cing- -bithin Land TAit. 1046 of tic Yd DiFmct,
24 Smion of kulton County, tieorgu arld being mare nartizularly descrilvd ns t blows:
To fiad.1he 1711111.1. tr1 bt"girlTliTI8, 4aw'1ltricriG5 ill a rmil rotind. in t1 knt•c peed, stiicl pciint tycing
the land lot Coltercoinmonto Iruid hots '443, 1044, 1045 and 1046 of~slid ^" District,
S:etim themes do Part said lamb lift canter along t tc land belt littc C(AtattUST tj land lots
1 t}3,+ itntl l If46 `tltrth '1"3!)'> " Y4 c st;, a disttlncc of 2209 Y/ fQcr to a point where slid
latul lot :inc intersretx ilx eaLsturiv riyht of way line c-1 DmTficl_i PurkvvPat (106'
thence Sutttli 89' 531:5" WtSL II:Iussxaid rigid of Way lin a distiuxe of ,00.01 ti:tzL Ita a
poini'<v'huc said lot line intuscets the westvuly rieht of vvap line of said 'De'elf'teld
Patrkvvav and the Trac Point ofRcginnipg. From -gid prliivt of')c�im il3� rrrrrcrtl
sctttht rl;� along said v1>~ster',y ritht of may l fie cif Deerrteld Park way 67.1-9 feel aping the
nrr of ern'..: to the, right, saki clime h3vIng a nadills of 666.20 feet a:id being subtended
by a chard of'SoutlT 0°4"1`;2" Z'i cst, 67.76 fca to n 1�oint, thct•cs `*oixh iit;''42Wi' Wcsl
fora distance of'_ltlt.'R tie to the rn'tered inter euirti O* ikiitl wesicirly light of wjiV line
of TX-crfieltl flarlcvmy in the northerly right of tv ay litre or Wer b Roaj (variable R, W)..
thnnte wnuthv o0erly a irng stlitl mitcrctil itlten-cation SQL11h 64"0517"' W st Ccir a tlistrancc
of 44.52 feet to a ngittt mi said lloflilerly righi ttf WMt line 01' WCbb R.uacl; tt;Lnc C
nordiwcstcdy along micl rigint of vvay Korth W-57-57" % czt for a d6titn%x er l 1622 k L
ttr a UKtirl; ihemc departing Stilt) right of way Worth L)U Zt.(l5'` wart for al itl Lance of
159.88 fart to r poinl ort the land lot line c1.)mT7non Lo land lots 1043 and 1046, thcnee
c pully aloug, ial.id hLid Jut littc St1utli 8Y'45'53" wsL fin a di,taller ul I90.46 IML to a
paint *hcrc said land lot liiic intersects the wcsterly ricin of vxmy line of Decifteld
!?arkway .inti the Point ofRefi•yning. Containing +2,786 SF oi- 1.411371 acres.
RECEIVED
SEP 01 X109
city yyaarwrrl
=#O