HomeMy WebLinkAboutORDINANCE NO. 11-04-90STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 11-04-90
PETITION NO. RZII-02
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) TO TR
(TOWNHOUSE RESIDENTIAL) FOR A 43 LOT SINGLE FAMILY SUBDIVIISION
PROPERTY LOCATED ON THE SOUTH SIDE OF HIGHWAY 9 WEST OF SUNFISH
BEND HAVING A FRONTAGE OF 666.33 FEET (22-5390-0758-025-2)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
April 25, 2011 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official
maps established in connection therewith be changed so that the following property located on the
south side of Hwy 9 with frontage of 666.33 feet, consisting of a total of approximately 8.26 acres as
described in the attached legal description, be rezoned to the TR (Townhouse Residential) District
with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lot 758 of the 2°d District 2nd Section,
City of Milton, Fulton County, Georgia; and
SECTION 2. That the TR (Townhouse Residential) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 13 of the Zoning
Ordinance of the City of Milton; 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 the official maps referred to, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTION 5. That all ordinances o r part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
Now ORDAINED this 25th day of April, 2011.
Approved:
Joe Lockw# Mayor
Attest:
Sudie AM Gordon, Cit Clerk
CONDITIONS OF APPROVAL
RZ11-02
The City of Milton Mayor and City Council approved the rezoning of property
located on the south side of Hwy 9 west of Sunfish Bend with a frontage of 666.33
feet for TR (Townhouse Residential) CONDITIONAL subject to the owner's
agreement to the following enumerated conditions. Where these conditions
conflict with the stipulations and offerings contained in the Letter of Intent, these
conditions shall supersede unless specifically stipulated by the Mayor and City
Council.
1) To the owner's agreement to restrict the use of the subject property as
follows:
a) Single family detached dwellings and accessory uses and structures.
b) No more than 43 total dwelling units at a maximum density of 5.21 units
per acre, whichever is less, based on the total acreage zoned.
Approved lot/unit totals are not guaranteed. The developer is
responsible through site engineering (at the time of application for a
Land Disturbance Permit) to demonstrate that all lots/units within the
approved development meet or exceed all the development
standards of the City of Milton. The total lot/unit yield of the subject site
shall be determined by this final engineering.
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on March 15, 2011. Said site plan is conceptual only and
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances 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.
b) All areas which are not part of an individual lot and held in common
shall be maintained by a mandatory homeowners association, whose
proposed documents of incorporation shall be submitted to the
Director of Community Development for review and approval prior to
the recording of the first final plat.
W. 3) To the owner's agreement to the following site development considerations:
,o" a) Minimum lot size shall be 5,000 square feet.
b) Minimum heated floor area shall be 2,600 square feet.
c) Each lot shall provide a total of four (4) parking spaces.
d) Minimum setback from the garage door to the back of the sidewalk shall
be 20 feet.
e) All new sidewalk installations along Hwy 9 right-of-way shall have a color
stamped pattern to simulate a transverse double row brick paver pattern
every 50 feet, to be approved by the City of Milton Design Review Board.
f) Provide a black four -board -equestrian -styled fence along Hwy 9 interior
to the landscape strip or as approved by the Director of Community
Development.
g) Provide a 15 -foot landscape strip along Hwy 9 interior to the new right -of -
Won way.
h) Provide a minimum of one (1) tree (2" caliper) per lot as approved by the
City Arborist.
i) Plant one 4" caliper tree every 30' within the landscape strip along Hwy 9.
These will be part of the 39 recompense trees required for the site.
4) To the owner's agreement to abide by the following requirements, dedication,
and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
i. Provide at least 12 feet of right-of-way on SR 9 from the back
of curb of all abutting road improvements, along the entire
property frontage, as well as allowing the necessary
construction easements while right-of-way is being improved.
1. Proposed right-of-way shall be located no closer than
one foot behind the back of sidewalk.
ii. Provide bicycle and pedestrian improvements along entire
.rr. property frontage of SR 9 according to cross sections in
Chapter 48 Streets, Sidewalks and Other Public Places of the
wow City of Milton Code of Ordinances and as approved by the
City of Milton Public Works Department. All proposed
„o, infrastructure improvements (i.e. sidewalk, curb and gutter,
etc...) shall tie to the existing facilities on adjacent properties
as required by the City of Milton Public Works Department or
the Georgia Department of Transportation.
iii. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of
Milton Code of Ordinances:
1. NB/EB Right Turn Lane on SR 9 at new access drive,
2. SB/WB Left Turn Lane on SR 9 at new access drive.
b) Reserve for the City of Milton along the necessary property frontage
of the following roadways, prior to the approval of a Land
Disturbance Permit, sufficient land as necessary to provide for
compliance with the Comprehensive Transportation Plan. The
location of the landscape strip with the reserved right-of-way to be
determined by the Director of Community Development.
i. 55 feet from centerline of SR 9 or as may be required by GDOT.
c) Access to the site shall be subject to the approval of the GDOT
District 7 Access Management Engineer and the City of Milton
Public Works Department, prior to the issuance of a Land
Disturbance Permit.
d) Provide a 50 foot wide cross -access easement free of any structures
or above ground utilities for future vehicular and pedestrian inter -
parcel access on the west property line as approved by the City of
Milton Public Works Department.
5) To the owner's agreement to abide by the following:
a. The stormwater management facilities shall utilize earthen
embankments, where possible. Walled structures are not encouraged.
If walled structures are proposed, they must meet the acceptable
design standards of the City of Milton Department of Community
.w. Development and the Department of Public Works.
Now i. Where side slopes for stormwater management facility are
steeper than 4:1 the facility shall have a six foot high, five -board
equestrian style fence with two inch by four inch welded wire
constructed around it, or equivalent as may be approved by the
City of Milton Public Works Department.
b. Pursuant to the acquisition of offsite easements the discharge from the
stormwater management facility shall be piped with the appropriate
connections to the headwall shown on Lot 17 of the Laurel Lakes
Subdivision.
c. The discharge from the junction box and 30" CMP on Lot 13 shall be
removed and all associated flows to this location directed to the
stormwater management facility.
d. Applicant shall provide the City of Milton Community Development
Department with a stream evaluation prepared by a qualified
environmental professional for the stream channel on the western side
of the property. Should the evaluation determine that an intermittent
or perennial stream exist in this location the appropriate buffers shall be
applied as required by the City of Milton Community Development
Department.
REVISED SITE PLAN SUBMITTED -MARCH 15, 2011
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