an ordinance amending the conceptual site plan and conditions of ...
STATE OF GEORGIA COUNTY OF HALL CITY OF FLOWERY BRANCH Public Hearing Published March 18, 2017 Public Hearing May 4, 2017
First Reading April 06, 2017 Passed May 4, 2017
ORDINANCE NOS.238-H AND 239-H
AN ORDINANCE AMENDING THE CONCEPTUAL SITE PLAN AND CONDITIONS OF APPROVAL RELATING TO ORDINANCE NO. 239 & 240, FOR THE MASTER PLANNED COMMUNITY ON 1001± ACRES GENERALLY KNOWN AS “STERLING ON THE LAKE” LOCATED IN THE PUD (PLANNED UNIT DEVELOPMENT) ZONED DISTRICT. THE DEVELOPMENT IS LOCATED ADJACENT TO THE INTERSECTION OF CAPITOLA FARM ROAD AND SPOUT SPRINGS ROAD. THE PROPERTY IS LEGALLY DESCRIBED AS: A 27.69 ACRE PORTION OF PARCELS OF REAL PROPERTY OWNED BY NNP LOOPER LAKE LLC, BEING 126.526 ACRES (TRACT A), 594.11 ACRES (TRACT B), AND 36.813 ACRES (TRACT C) ON THAT PLAT OF SURVEY PREPARED BY MORELAND ALTOBELLI, DATED JANUARY 25, 2001; AND 136 ACRES LOCATED IN G.M.D. 1270 FLOWERY BRANCH DISTRICT, HALL COUNTY, GEORGIA, SHOWN AS TRACT 1 ON A PLAT OF SURVEY PREPARED BY ROCHESTER & ASSOCIATES DATED JULY 20, 2001; AND ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN HALL COUNTY, GEORGIA, CONSISTING OF APPROXIMATELY 26.973± ACRES KNOWN AS THE “KNUTSON” TRACT IDENTIFIED AS TAX IDENTIFICATION NUMBER 15047-000022; AND ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN HALL COUNTY, GEORGIA, CONSISTING OF APPROXIMATELY 77.71 ± ACRES KNOWN AS THE “HONEYCUTT” TRACT, IDENTIFIED AS TAX IDENTIFICATION NUMBER 15047-000007. THE ORDINANCE PROVIDES FOR FINDINGS, IMPOSES CONDITIONS, PROVIDES FOR SEVERABILITY, REPEALS CONFLICTING ORDINANCES, ESTABLISHES AN EFFECTIVE DATE, AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the Sterling on the Lake Master Planned Development was originally approved (annexed and rezoned) by the Flowery Branch City Council on November 16, 2001, per Ordinances 239 and 240; and
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WHEREAS, on February 1, 2006, City Council approved a modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-A and 240-A; and
WHEREAS, on September 9, 2006, City Council approved a second modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-B and 240-B; and
WHEREAS, on August 15, 2007, City Council approved a third modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-C and 240-C; and
WHEREAS, on November 25, 2008, City Council approved a fourth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-D and 240-D; and
WHEREAS, on March 26, 2011, City Council approved a fifth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-E and 240-E; and
WHEREAS, on March 15, 2012, City Council approved a sixth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-F and 240-F; and
WHEREAS, on February 18, 2016, City Council approved a seventh modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-G and 240-G; and
WHEREAS, per Article 8, Section 8.4 and Section 8.10 of the Flowery Branch Zoning Ordinance, the original PUD approval must be amended by the Governing Body in order to incorporate changes to the master plan approval and PUD conditional zoning; and
WHEREAS, Newland Communities (NNP Looper Lake LLC), has submitted a rezoning amendment application to modify the conceptual site plan and conditions of approval; and
WHEREAS, a proper and complete application for such rezoning and master plan revision have been submitted by the property owner; and
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WHEREAS, the City Council held a public hearing at the meeting of April 6, 2017, duly noticed as prescribed by law and published in the Gainesville Times, regarding said application, as shall be set forth in the minutes of said meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS AMENDED AS FOLLOWS:
SECTION 1. FINDINGS.
Pursuant to Article 34 of the Flowery Branch Zoning Ordinance the City Council FINDS that an amendment to the conceptual master site plan and conditions of approval relating to Ordinance No. 239 and 240 (as amended most recently dated February 18, 2016), to allow streets in POD Q to become public rather than private, to remove alley ways, and to adjust the subdivision layout) is approved for the following reasons:
A.
The proposal will not adversely affect adjacent property or the overall community as the applicant is only seeking to change access to modify the roadway classification from private to public, remove alley ways, and adjust the subdivision layout.
B.
The proposed amendment will not impact the overall density for the master site plan. The reclassification of a roadway section of the roadway network from a private road to a public street has no adverse impact on the functionality of the overall roadway network. Accordingly, there are no anticipated detrimental impacts on existing streets.
C.
The proposed amendment is consistent with the spirit and intent of the Community Agenda (Comprehensive Plan), Character Area Map and Future Land Use Map as these documents identify the subject property as “Suburban Residential” and “Planned Unit Development” (PUD). The proposed amendment is consistent with these designations.
D.
The applicant has indicated that changing conditions in the local real estate market have created the need for the requested amendment.
.
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E.
The proposed amendment will not significantly impact the value of adjoining properties.
F.
The proposed rezoning amendment will not create an isolated zoning district as the subject area is zoned PUD (Planned Unit Development) and will not change. Further, the granting of the requested modifications will be in harmony with the purpose and intent of the City’s regulations and will not be injurious to the neighborhood and general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
G.
The proposed amendment will not create an impact on the environment as it relates to soil and erosion, flooding, drainage or water quality. The applicant will have to comply with all local and state requirements pertaining to soil and erosion as well as water quality.
H.
The granting of such amendment is consistent with the overall zoning scheme and the purpose of the zoning ordinance of the City as well as the Community Agenda (Comprehensive Plan).
SECTION 2.
LEGAL DESCRIPTION & CONDITIONS.
The modification of Ordinance No. 239 & 240 for a 1001± acre master planned development generally known as “Sterling on the Lake”, as legally described on Exhibit A attached hereto, and, is subject to conditions as identified on Exhibit “B”, attached hereto. Said Exhibits are incorporated by reference as if fully set forth herein. The conditions identified in Exhibit “B” shall not be modified without prior approval of the City Council of Flowery Branch.
Legal Description: (See Exhibit A)
SECTION 3.
AMENDMENT OF ORDINANCE NO. 239 & 240.
This Ordinance is enacted as an amendment to Ordinance No. 239 & 240 for the subdivision generally known as “Sterling on the Lake.” Accordingly, the Zoning 4
Administrator is hereby authorized to coordinate the updating of this project file and development plans consistent with this approval. SECTION 4.
SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 5.
EFFECTIVE DATE.
The effective date of this Ordinance shall be upon approval by the City Council of the City of Flowery Branch, Georgia.
SECTION 6.
REPEALER.
All conditions identified in Ordinance No. 239G & 240G (dated February 18, 2016) in conflict with this approval are hereby repealed to the extent of the conflict.
Approved this 20th day of April, 2017.
___________________________ James “Mike” Miller, Mayor ATTEST:
________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM:
________________________________ E. Ronald Bennett, Jr., City Attorney
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EXHIBIT “A”
The overall development is approximately 1001 +/- acres located adjacent to the intersection of Capitola Farm Road and Spout Springs Road. The property is described as: parcels of real property owned by Looper Lake LLC, being 126.526 acres (Tract A), 594.11 acres (Tract B), and 36.813 acres (Tract C) on that plat of survey prepared by Moreland Altobelli, dated January 25, 2001; and 136 acres located in G.M.D. 1270 Flowery Branch District, Hall County, Georgia, shown as Tract 1 on a plat of survey prepared by Rochester & Associates dated July 20, 2001 and all that tract or parcel of land lying and being in Hall County, Georgia, consisting of approximately 26.973± acres known as the “Knutson” Tract identified as tax identification number 15047-000022 and all that tract or parcel of land lying and being in Hall County, Georgia, consisting of approximately 77.71 ± acres known as the “Honeycutt” Tract, identified as tax identification number 15047-000007.
(Further detailed information relating to the surveys referenced above is available at the City of Flowery Branch City Hall – Community Development Department)
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EXHIBIT “B”
The City Council grants to the 1,001± acre master planned community known as “Sterling on the Lake”, a modification to the conditions of zoning of Ordinance No. 239 and 240 as follows to adopt a revised master plan for the purpose of the following: 1. Roadways within POD “Q” shall be allowed to become “neighborhood” (public, rather than private) streets per exhibit “C”. Public acceptance of the roads is subject to satisfactory completion of the dedication procedures specified in the City’s Subdivision and Land Development Ordinance for acceptance of public streets. 2. Subdivision layout is approved to generally meet the newly adopted master plan exhibit “C”. 3. All requirements imposed under this Ordinance shall be the standards of the development regardless of any change in ownership. All previous conditions for the overall development shall remain intact and applicable unless specifically modified by this amendment.
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EXHIBIT “C”
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First Reading April 06, 2017 Passed May 4, 2017
ORDINANCE NOS.238-H AND 239-H
AN ORDINANCE AMENDING THE CONCEPTUAL SITE PLAN AND CONDITIONS OF APPROVAL RELATING TO ORDINANCE NO. 239 & 240, FOR THE MASTER PLANNED COMMUNITY ON 1001± ACRES GENERALLY KNOWN AS “STERLING ON THE LAKE” LOCATED IN THE PUD (PLANNED UNIT DEVELOPMENT) ZONED DISTRICT. THE DEVELOPMENT IS LOCATED ADJACENT TO THE INTERSECTION OF CAPITOLA FARM ROAD AND SPOUT SPRINGS ROAD. THE PROPERTY IS LEGALLY DESCRIBED AS: A 27.69 ACRE PORTION OF PARCELS OF REAL PROPERTY OWNED BY NNP LOOPER LAKE LLC, BEING 126.526 ACRES (TRACT A), 594.11 ACRES (TRACT B), AND 36.813 ACRES (TRACT C) ON THAT PLAT OF SURVEY PREPARED BY MORELAND ALTOBELLI, DATED JANUARY 25, 2001; AND 136 ACRES LOCATED IN G.M.D. 1270 FLOWERY BRANCH DISTRICT, HALL COUNTY, GEORGIA, SHOWN AS TRACT 1 ON A PLAT OF SURVEY PREPARED BY ROCHESTER & ASSOCIATES DATED JULY 20, 2001; AND ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN HALL COUNTY, GEORGIA, CONSISTING OF APPROXIMATELY 26.973± ACRES KNOWN AS THE “KNUTSON” TRACT IDENTIFIED AS TAX IDENTIFICATION NUMBER 15047-000022; AND ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN HALL COUNTY, GEORGIA, CONSISTING OF APPROXIMATELY 77.71 ± ACRES KNOWN AS THE “HONEYCUTT” TRACT, IDENTIFIED AS TAX IDENTIFICATION NUMBER 15047-000007. THE ORDINANCE PROVIDES FOR FINDINGS, IMPOSES CONDITIONS, PROVIDES FOR SEVERABILITY, REPEALS CONFLICTING ORDINANCES, ESTABLISHES AN EFFECTIVE DATE, AND FOR ALL OTHER LAWFUL PURPOSES. WHEREAS, the Sterling on the Lake Master Planned Development was originally approved (annexed and rezoned) by the Flowery Branch City Council on November 16, 2001, per Ordinances 239 and 240; and
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WHEREAS, on February 1, 2006, City Council approved a modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-A and 240-A; and
WHEREAS, on September 9, 2006, City Council approved a second modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-B and 240-B; and
WHEREAS, on August 15, 2007, City Council approved a third modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-C and 240-C; and
WHEREAS, on November 25, 2008, City Council approved a fourth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-D and 240-D; and
WHEREAS, on March 26, 2011, City Council approved a fifth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-E and 240-E; and
WHEREAS, on March 15, 2012, City Council approved a sixth modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-F and 240-F; and
WHEREAS, on February 18, 2016, City Council approved a seventh modification to the original conditions of Ordinance 239 and 240, per Ordinances 239-G and 240-G; and
WHEREAS, per Article 8, Section 8.4 and Section 8.10 of the Flowery Branch Zoning Ordinance, the original PUD approval must be amended by the Governing Body in order to incorporate changes to the master plan approval and PUD conditional zoning; and
WHEREAS, Newland Communities (NNP Looper Lake LLC), has submitted a rezoning amendment application to modify the conceptual site plan and conditions of approval; and
WHEREAS, a proper and complete application for such rezoning and master plan revision have been submitted by the property owner; and
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WHEREAS, the City Council held a public hearing at the meeting of April 6, 2017, duly noticed as prescribed by law and published in the Gainesville Times, regarding said application, as shall be set forth in the minutes of said meeting. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH HEREBY ORDAINS THAT THE FLOWERY BRANCH ZONING ORDINANCE IS AMENDED AS FOLLOWS:
SECTION 1. FINDINGS.
Pursuant to Article 34 of the Flowery Branch Zoning Ordinance the City Council FINDS that an amendment to the conceptual master site plan and conditions of approval relating to Ordinance No. 239 and 240 (as amended most recently dated February 18, 2016), to allow streets in POD Q to become public rather than private, to remove alley ways, and to adjust the subdivision layout) is approved for the following reasons:
A.
The proposal will not adversely affect adjacent property or the overall community as the applicant is only seeking to change access to modify the roadway classification from private to public, remove alley ways, and adjust the subdivision layout.
B.
The proposed amendment will not impact the overall density for the master site plan. The reclassification of a roadway section of the roadway network from a private road to a public street has no adverse impact on the functionality of the overall roadway network. Accordingly, there are no anticipated detrimental impacts on existing streets.
C.
The proposed amendment is consistent with the spirit and intent of the Community Agenda (Comprehensive Plan), Character Area Map and Future Land Use Map as these documents identify the subject property as “Suburban Residential” and “Planned Unit Development” (PUD). The proposed amendment is consistent with these designations.
D.
The applicant has indicated that changing conditions in the local real estate market have created the need for the requested amendment.
.
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E.
The proposed amendment will not significantly impact the value of adjoining properties.
F.
The proposed rezoning amendment will not create an isolated zoning district as the subject area is zoned PUD (Planned Unit Development) and will not change. Further, the granting of the requested modifications will be in harmony with the purpose and intent of the City’s regulations and will not be injurious to the neighborhood and general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.
G.
The proposed amendment will not create an impact on the environment as it relates to soil and erosion, flooding, drainage or water quality. The applicant will have to comply with all local and state requirements pertaining to soil and erosion as well as water quality.
H.
The granting of such amendment is consistent with the overall zoning scheme and the purpose of the zoning ordinance of the City as well as the Community Agenda (Comprehensive Plan).
SECTION 2.
LEGAL DESCRIPTION & CONDITIONS.
The modification of Ordinance No. 239 & 240 for a 1001± acre master planned development generally known as “Sterling on the Lake”, as legally described on Exhibit A attached hereto, and, is subject to conditions as identified on Exhibit “B”, attached hereto. Said Exhibits are incorporated by reference as if fully set forth herein. The conditions identified in Exhibit “B” shall not be modified without prior approval of the City Council of Flowery Branch.
Legal Description: (See Exhibit A)
SECTION 3.
AMENDMENT OF ORDINANCE NO. 239 & 240.
This Ordinance is enacted as an amendment to Ordinance No. 239 & 240 for the subdivision generally known as “Sterling on the Lake.” Accordingly, the Zoning 4
Administrator is hereby authorized to coordinate the updating of this project file and development plans consistent with this approval. SECTION 4.
SEVERABILITY.
Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of this Ordinance as a whole or any part thereof which is not specifically declared to be invalid or unconstitutional.
SECTION 5.
EFFECTIVE DATE.
The effective date of this Ordinance shall be upon approval by the City Council of the City of Flowery Branch, Georgia.
SECTION 6.
REPEALER.
All conditions identified in Ordinance No. 239G & 240G (dated February 18, 2016) in conflict with this approval are hereby repealed to the extent of the conflict.
Approved this 20th day of April, 2017.
___________________________ James “Mike” Miller, Mayor ATTEST:
________________________________ Melissa McCain, City Clerk APPROVED AS TO FORM:
________________________________ E. Ronald Bennett, Jr., City Attorney
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EXHIBIT “A”
The overall development is approximately 1001 +/- acres located adjacent to the intersection of Capitola Farm Road and Spout Springs Road. The property is described as: parcels of real property owned by Looper Lake LLC, being 126.526 acres (Tract A), 594.11 acres (Tract B), and 36.813 acres (Tract C) on that plat of survey prepared by Moreland Altobelli, dated January 25, 2001; and 136 acres located in G.M.D. 1270 Flowery Branch District, Hall County, Georgia, shown as Tract 1 on a plat of survey prepared by Rochester & Associates dated July 20, 2001 and all that tract or parcel of land lying and being in Hall County, Georgia, consisting of approximately 26.973± acres known as the “Knutson” Tract identified as tax identification number 15047-000022 and all that tract or parcel of land lying and being in Hall County, Georgia, consisting of approximately 77.71 ± acres known as the “Honeycutt” Tract, identified as tax identification number 15047-000007.
(Further detailed information relating to the surveys referenced above is available at the City of Flowery Branch City Hall – Community Development Department)
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EXHIBIT “B”
The City Council grants to the 1,001± acre master planned community known as “Sterling on the Lake”, a modification to the conditions of zoning of Ordinance No. 239 and 240 as follows to adopt a revised master plan for the purpose of the following: 1. Roadways within POD “Q” shall be allowed to become “neighborhood” (public, rather than private) streets per exhibit “C”. Public acceptance of the roads is subject to satisfactory completion of the dedication procedures specified in the City’s Subdivision and Land Development Ordinance for acceptance of public streets. 2. Subdivision layout is approved to generally meet the newly adopted master plan exhibit “C”. 3. All requirements imposed under this Ordinance shall be the standards of the development regardless of any change in ownership. All previous conditions for the overall development shall remain intact and applicable unless specifically modified by this amendment.
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EXHIBIT “C”
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