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Home My WebLink AboutORDINANCE NO. 10-09-77STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 10-09-77 PETITION NO. ZM10-02 3 D 2010GMIM-MA,rnvrr.X•X 1 ju ------ --- --- LAND LOTS 972 AND 973 OF HE 2ND DIS 21.66 ACRES. SECTION CONSISTING OF APPR BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 20, 2010 at 6:00 p.m. as follows: ONO SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on May 3, 2003, for petition 2002Z-105 that approved a zoning to TR (Townhouse Residential) and for petition 2003ZM-067 that approved a zoning modification to revise a site plan on Bethany Bend and Morris Road consisting of a total of approximately 21.66 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located in Land Lots 972 and 973 of the 2nd District 1 st 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 20th day of September 2010. Approved: Joe Lockw d, ayor Attest: Sudie AM Gordon, City erk CONDITIONS OF APPROVAL ZM10-02 Bethany Bend and Morris Road Should the Mayor and City Council approve this petition, the recommended conditions (ZM10-02) should be revised to read as follows: 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 June 30, 2010. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of 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 minimum 35 -foot perimeter principal building setback where the .•n subject site adjoins property zoned AG -1 (Agricultural) except lot 112 which will remain at a 50 -foot perimeter principal building setback (2002Z-105). W&A.. k. Prior to the approval of a building permit of Lot 113 the Public Works Department shall evaluate theneed for a hydrology Bend, the emergendy to Cy accesdsress any road or potential water runoff from Bethany from lot 113 and construct any remedies required by such study. RECEIVED JUN 3 i owV A11 that tract of paroei of land lyhig and being in holed Lot 972 and 573 ofttte 2nd Distttct 1st Section, P'Atoc County, Georgia pod being more particularly described as follvwst Begin at apoint marking the common intersection of the northwest coreer o` Land Lot 973 of "Ira 2nd District, I st Section 0 dela on County Georgia, the sonthwwx corner of :.and Lot `3?2, said District. Section and UouxiV thr easternbvundary line of the 2nd District, 2nd Section Fulum Courtly t ieorgia a proceeding Nortb 00 degrees 47 minutes 25 seconds East a distance of Iu3o. i feet more or less to a point a the ccrstarline of a creek, thence proccodir-g southeaster!} along the ccutcrline of said creek and following the mcmderings thereof 937.G0 feet more K less to a point; thcncc proceeding North l8 degtacs 59 minutes 28 seconds Past a distance of 83.57 feet to a acid[, thence prmcodiug North 01 degrees 17 tninut.s 26 -seconds West a distance of 423:74 feet to a poin., thence proceeding South ?2 degrees 56 minutes 34 seconds But a distance of56.05 feet °,o a point, theme proceed rr® South ;2 degrees 56 namutcs 34 socouds East a distance of 65.74 feet to a point, thence pincccdtng Sou1t 00 degrees 24 minusm 34 seconds )A est a distance of 173.60 feet to a point, thence prococting Norti 89 degrces 35 minutes 2U seconds Well a dia°sauce of 75.00 feet to a point; thence ptoccwing South 41 degrees 20 minutes 15 seconds East a Cis:ance of 156.45 zct to a point; hence proce6ding Nui th 41 degrees 2? minutes 36 seconds East e distance of 249.51 fact to a gator, thence p.oceadutg North 33 degrees 39 nri:tutes 34 strands East a distance of 2012.56 feet to a point on the southerly rislitof wry of said Bethany Baud; tliriise proeeexii tg southerly along the soutlerl} right of way of said Bethany Deno and along Ute we of a oar A; w flee right an art: distance of ?2.33 feet to a point (said aro being subtended by a chord bearing South 34 ecgrees 05 minuses 41 seconds East a chord dtstancc of 72,30 foot with a radius of 772.97 feet); thence leaving to southerly tight of way of said 13 alb ty Bend and proceeding South 46 dogrecs 26 minutes t{ seconds West a distance of 250.67 feet to o point.. thence proxcding South 27 degrees 47 minutss'29 second- East adisuuxte of 162.60 feet to apoint; thzsac proceeding South i l dcgmos 17 minutes 20 seconds East a distance of 210.96 feet to a point; tiicnces prcceceinrg South 85 degrees 02 minutes 37 secon-It West a distancs of 45&8 feet more or leas to tate certerlinc of the same creek previously, raeut aned; thence proceeding southerly along the centerline of the creek and following the tncandctings thereof a distance of 744.4 feet more or leas to a point (a traverse lint,-ii iru , along said creek is fs :allows: proceed South 44 degrees 32 rnitttttea 04 setouds true, a d�rcttnct; of 350.011 fret to a poiit, thearce procesd South 43 degpoes 05 minutes 14 seeands Bast a tl stance Of 35().()p feet top point; thence proceed Sauir 56 degrees lU rairutes 13 seconds Eos: a di stance of 1 RQ66 fed Lo s pni-It, tFrnrn prara3d Snttth 60 degrees 39 minutes 07 seonds East a dsstance of 95.92 feet to a point, thence proceed South 46 deVws, 49 minutcx 21-cOnnfle'F+atm a dcatattee of 378,36 feet to a point tl coca procozd South 44 degrees 59 n&uws 12 seconds East a d stance of 350.00 feet m a *-A,thence IeEvitlg the arttsrline of .aid creek and proceeding South 88 degrees 03 minutes 09 seconds. East a d:stin:e of 149,7 feet !elate Or less lir a Point (said point bcirg 114.74 feet Routhcautarly from the intersection of the traverse line prcviousty cstablishod and the course and distance being described); thence proceeding South 04 degree 33 tr!mutes 08 aeoands East a d staae0 of 108.39 feet to a point on the northerly right of vv ay of Morris Road (having a sixty foot right of way) thence proceeding southwesterly along the an of a curve to the loft an arc distanc-c of 334.69 feet to a point (said ark being subtondod by a chord beating South 49 degtew 02 minutes 59 seconds %va. acitord distauce of 332.38 feet with a radius oflf11.59 feet); thence tea."' ing the northerly right of th'ay of sato Morris Road end proceeding North 55 dcgrocs 49 minutes 51 seconds West a distance of 319.60 feet to a point; thence proceeding North 64 degt cW 08 MMAL t:; 12 seconds West a distance of 3 ; 6.63 feet tc a point; thence proceeding degrees 54 49nds s t a distance of 165.67 feet w a point dm_ -e prrocedigNorth 89 degrees minutes seconds West a distance of 52116 feet tc a point maddug tic corntnon m'fttan comer of Land Lots 973 and 972, 2nd District, 1st Section, Fulton:: Courcy, Georgia, said paint tttafla= the point of begimting, Said propetty containurg 21.66 acres and being shoat, as the Co acept P',at for Hidden Forrest Subdivision prepared by ATM Resign, Inc. aid learnt; the seal ofTl'wnas 13dwat6 Posy, Jr. fat elle f rm ytontline Surveying & Mapping, lac bdug Georgia Rogistarcd. Land Surveyor Number 2402 dated April 15'2003. ZMIO-02 .NOW m r Gor ! REVISED OVERALL SITE PLAN SUBMITTED JUNE 30, 2010 ,7kZ-E;-- ZM10-02 REVISED SITE PLAN SUBMITTED JUNE 30, 2010