HomeMy WebLinkAboutORDINANCE NO 14 07 213STATE OF GEORGIA ORDINANCE NO. 14-07-213
COUNTY OF FULTON PETITION NO. ZM14-06
AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON
COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON
NOVEMBER 3, 2004, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND
BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413,414, 2ND DISTRICT 2ND SECTION
CONSISTING OF APPROXIMATELY 22.3 ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July
21,2014 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners,
approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and
AG-l Conditional property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of
a total of approximately 22.3 acres, attached hereto and made a part herein;
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ordinance are hereby repealed; and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 21 st day of July, 2014.
Attest:
Sudie Gordon, City Clerk
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions (RZ04-116) should be revised to read as follows:
1. To the owner's agreement to restrict the use of the subject property as follows:
d. A community park, community septic system and residential
development on one acre minimum lots on 13.587 acres outside the
Birmingham Neighborhood Node within the southeast quadrant of
the intersection of Birmingham Highway and Birmingham Road said
acreage is to be zoned AG-1 (Agricultural) Conditional.
2. To the owner's agreement to abide by the following:
a. To the revised site plan dated June 17, 2014 October 28, 2004
(Petitions 2004Z 0116 I'JFG and 2004Z 0043 combined) submitted to
the Department of Environment and Community Development.
Said site plan is conceptual only and must meet or exceed the
requirements of the Zoning Ordinance 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.
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REVISED SITE PLAN RECEIVED ON JUNE 17,2014
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LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL OF LAND tying and be n9 in Land Lot :lDO & 413 of the 2 1'1 )
mstrlcC,. 2'1;) Section City of Millon, Funon County, Georgia and baing more par1tcularty
described as follJws:
Beginning at a corner common to Lend Lot:; 380. 381,412 &413; I1lc."Icc along the Lon<f Lot linG
common tJ Land Ll,lb; 412 &413 SOulh 00 Utlijltlt:llS 31 rnillutt:l;S 40:s~u"Lh; ECI~l it uisl .. 11{;!< uf
634,34 feet to a point; tnenc.a Soulh H!:I degrees 12 minutes J3 secortCls West a distance 01
522.41 feet to a point at the centerline of a creek: the-nee along said centerline of Cleek the
following cours~ and distances: North 56 degrees 14 minI-res 50 seconds West e di~tanoe of
151.14 fe~t to 8 point; toonce So..rlll B4 degroos 51 minute3 08 :wconds Weat a d~tanc:e of
54.61 feet to a point !hence Nor1JJ 56 degrees 40 minutes 53 secondS West a distance of 75.85
feet to a point; thence Sooth 43 dElgree~ 31 mlnu:es 07 seconds West a distance of 28 .06 feet
to a point; thence N:lrth 34 degrep.l'> 21 minulP.!l 41 sp.cond!\ WP.!'iI 1\ listnnr.e nf 72.f:lR ff'!Ff 10 R
point; thence South 76 d~reS6 05 minufes -1-1 seC()nds 'Nest s distance of 131;.09 feet to a
point; thence North 38 degrslNi 40 minutes 40 ~::;onds Wast a di5tancs of 48.93 reel to ,m ;
thence leaving said creek to a pCif'lt; t:henoe NMh 18 degr6es 26 minutes 52 secoods W~t a
distance of 100.24 feet to a PJint Itlence North 63 deJ;lrees 12 minutes 41 seconds West a
distance of 325.74 fe f'J In R p-,iot nn Ihe RR51F!rly ~iohl-nf-VlRy linA of Rirmi~h~m Hwy (AflP~rert
40' n.MI); thence along ell d right-of-ws'f line Nortt"i 03 d"grees ~mht.Jtea 36 eeoof1de East a
dtstance of 715.03 feetto Ii pJirrt; tlrence klCl..r.ng soid right-Qf-'lIa)· line North 87 degrees 33
minutes 34 seccnd3 Ellst Il distance of 376,1.1. feet to. a pOint; :hence Ncrth 03 degrees 57
minutes 49 seccnds 'East a dista,oe of 178,6{J feet to a poi1t on the soutllerly right-of·~y line
of Birmingham Road (Apparent W' RM'); tnef1ce a10'19 said right--of-WOIY line South 74 degrees
14 mimJtes 42 secoods Ellet a diBul10e of W .Og feet to a poi,t; thence leaving s.aid right-of
'Way line SoLrttl 04 degrees 08 minutes 06 s-e<;Jnds West a distanoe of ~25,67 feet to a point
thence North 88 degrees 00 Minutes 51 SEconds East a distanoe of 708.68 feet to a point and
the POINf OF BEGINNING
S.fd llCict wlilahtlng 22.30 more or less.
RECEIVED
JUt~ 17 20 14ZM \~ -C/JCo CITY Of MIL'rON
COMMUNI""Y OEVELO~"'Et4T
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