The URL can be used to link to this page

Home My WebLink AboutORDINANCE NO 13 03 167l l ORDINANCE NO. 13-03-167 PETITION NO. U12-01 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE A USE PERMIT FOR EXOTIC AND WILD ANIMALS TO OPERATE A PRIMATE AND EXOTIC ANIMAL PRESERVE WITH CONDITIONS (SEC. 64-1838) LOCATED AT 14325 HOPEWELL ROAD AND CONTAINING 20.7432 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on March 18,2013 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance ofthe City of Milton be amended, to be changed so that the following property located at 14325 Hopewell Road, consisting of a total of approximately 20.7432 acres as described in the attached meets and bounds survey, a Use Permit for Exotic and Wild Animals to operate a Primate and Exotic Animal Preserve with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel ofland lying and being Land Lots 747, 748, 765 the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article IX, Division 5, Sec. 64-1838 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and Page 1 of6 l l SECTION S. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval ofthe Mayor. ORDAINED this 18th day of March, 2013. Approved: f I Joe Lockwood!Ma{or l Attest: Sudie AM Gordon, City Clerk Page 2 of6 l L L This petition was approved by the Mayor and City Council, for a USE PERMIT for Exotic or Wild Animals (Sec. 64-1838) 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) Restrict the use ofthe subject property to allow the keeping, rehabilitation, breeding, or maintaining exotic or wild animals as depicted on Sheet 2 of 3 of the revised site plan received by the Community Development Department on March 8, 2013 for a total of twenty (20) cages and 2 existing barns structures related to the use on the subject site. b) The following species shall not be permitted on the site either temporarily or permanently: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1, and being categories: (a) 1 Primates (no large primates); (b) 2 Felidae (lions, tigers, bobcats, lynx, cougars, leopards jaguars but not domesticated felidae); (c) 3 Canidae (wolves, coyotes, foxes, jackals but not domesticated canidae); (d) 4 Ursidae (all bears); (e) 5 Reptilia (all venomous snakes, all constricting snakes); (t) 6 Crocodilia (alligators, crocodiles); (g) 7 Proboscidae (elephants); (h) 8 Hyanenidae (hyanas); (i) 9 Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats); G) 10 Procyonidae (raccoons, coatis); (k) 12 Perissodactylea (rhinoceroses, tapirs); (I) 13 Edentara (anteaters, sloths, armadillos); (m)14 Viverridae (mongooses, civets, and genets). c) The following species and number shall be permitted on the site: (i) The categories of Exotic Animals listed in Article VI, Division 2 of the City of Milton Zoning Ordinance, Section 64-1 and being categories: Page 3 of6 L l l (a) 1 Primates (Small and Medium); (b) 11 Marsupials (Wallabies, specifically). (ii) Categories of Exotic Animals not listed in Article VI, Division 2 of the City of Milton Zoning Ordinance: (a) Birds (as permitted). 2) To the owner's agreement to abide by the following: a) To the revised site plan, Sheet 2 of 3, received by the City ofMilton Community Development Department on March 8, 2013. Said 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. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b) At which time the applicant submits a change in number and/or type of animals to the Georgia DNR, a copy shall be provided to the Director of Community Development. 3) To the owner's agreement to the following site development considerations: a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Business License, Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria as required by the Department of Public Works. b) To provide a 10 foot landscape strip along Hopewell Road planted to buffer standards. 4) To the owner's agreement to abide by the following: a) The location can be open for visiting by the public by appointment only. b) Visits by the public shall be non-fee based. c) The location shall not be open more than 30 hours per week and shall only be open between the hours of 10:00 a.m. and 5:00 p.m. d) There shall be no outside lighting. e) The applicant agrees to abide by the City of Milton's fence requirements in the Code of Ordinances. Page 4 of6 l -------------- l l i~i·.I····r .I I , • ' : I REVISED SITE PLAN SUBMITTED MARCH 8,2013 (SHEET 2 OF 3) (ADDED TRASH RECEPTICLE AND HANDICAP PARKING SPACE) Page 5 of6 l l l LEGAL DESCR.IPrION POI. 14325 HOPEWELL ROAD AU. THAT TKACI' OR.PAllCEL OF LANDLYlNGANDBBlNGwrrmNLANDLO'IS 747,741,AND76S OFTBB SBCOND DiSTRICT, SBCQNl) SBCTlON, OF FULTON COUNTYAND TBB aTYOF :MILTON, GBOR.GIA AND BBING MOitB PARTICULAlU.YDBSCRTRRD AS FOU.OWS: COMtt.D3NCNG AT A POINT BEING lBElN'IEKSBCllDN OF THESOUT.B.BItNItIGBT-OF-WAYLINB OF lBJIIBWBU.ROAD (10' IUW) WD'B THEBAS'l1!2N LlNBOF IAND lDT 741; SAID POINT BEING 1'BE'l1WE POlNTOF BEClNKlKG; l"BENCR,S(JUl'BYAI..ONG SAID BAS'IEBN LAND lDTLINB 5.00"01'2S"R A DlSTANCB OF 1241JlOPEET TO A POlNT; THBNCB.DBP.AJl.TJNG SAID LAND LOl' LlNBN.ls-4S'W'W. A DISTANCE OF 425.14 JlB'EI'TO A POINT; 'l'BBNCE, N.U-41'3S"R. A DISTANCE OF 260.00 PEET TO A PODn' ON TBB CIlN'l"BIUNEOFClDCItBN CRESE; TIIBNCB, WBSTERLYPQLI.OWlNG SAmCENl1!KLJNB OF CB.IC:KBN CIlBBItN.I6"'2:8'S4"'W. A DlSTANCB OF '715.76 PBBT TO A POINT; 'l'HllNC'E, S..I2"ll'11"W. A DISl'ANCB OF 163.47 PBBTTO A POINT; llIBNt:B, S.71-3S'OP"'W. A DISTANCE OF 130.31 PBBT TOA POINT; TBBNCB" S~.A DISrANCBOF W.OS FEET TOAPOlNT; l'BHNCE,N.1f"58'll"'W. A DISTANCE OF 10427 FEET TO A POINT; 'l'BBNCB, N.5r42'4S"W. A DlSTANCB OP 24.99 PEET TO A POINT ON THE SOU'l'HE.RN KIGHr-OF WAY OF HOPBWBU.lWAD (80' KIGHT-OF-WAY); 'IHENCI!, DEPARTING TBB C!lN'l'1!RIJNR OF CBlCEl!N CIlBBIt FOllOWING BASTBJlLY ALONG SAm RIGHr-OF-WAY OF BOPEWBU. ROADN.311'"35'47"R A DlSTANCBOF 160..OS FBBTTO A POINT; TImNCB, FOllOWING TBBCUIlVATURB OF AN ARC TO TBB lUGHI' HAVINGARADlUSOFIJ7J11!tPEET, ADlSTANCBOFS27.S9PBBT;SAJD.o.cBBINGSUB'J.'EHDEDBYA CHOJrl) OPNSl-:JSI'OT'B. A DISTANCE OF SlUOFEET TO A POINT; TBBNCE. N.75-42'2I"'E. A DISrANCE OF 622.70 PBBT TO A POINT; llIBNt:B,FOUDWlNGTBB CUJtVAlUIUI. OF AN ARC TO THE LBFT RAVlNG A llADlUS OF 917. 12 PBBT A DISTANCE OF 705.60 PEBTTOA POINT, SAID AllC BEING SUBTENDBD BY A CHOJrl) OFN.53"40'Ol"R A DISTANCE OF c5II.33 FEET TO A POINT ON TBB EASTBIN LAND ImLINB OF lAND lDT 741, SAID POINT ALSO BEING 1'BE11WE POINT OFBF.CJNNING. SAID TKACI' OltPAllCEL CDNl"AINS 2O.7432.ACRES AS SHDWN ON "BOUNDAIlY AND AS-Btm.T CONDrIIONS'"B.XlIIBlT POll 14J2S BOPEWBU. ROAD, AND BBING SBEBT 1 OF 3, PIlBPAlUIJ) BYDAVID A. BURll.E CONSULTJNG LLC.. DATED DECEMBBR. 23, lOll. SAl]) EXBIBIT NOTING THAT MBI1!S AND BOUNDS AND PIRLD PEROSlONON EXHlBlI'WllXE PROMREFEJUlNCB SUltVBY BY A11.ANTA BNGINEImlNGSBllVICBS,lNC.DAllIDOCIOBmt 12, 1999. Page 6 of6 l