HomeMy WebLinkAboutORDINANCE NO 14 08 215STATE OF GEORGIA ORDINANCE NO. 14-08-215
COUNTY OF FULTON PETITION NO. UI4-01NCI4-02
AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1802) FOR A BED AND
BREAKFAST ON 80.12 ACRES LOCATED AT 14505 BATESVILLE ROAD
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
August 18, 2014 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, to be changed
so that the following property located at 14505 Batesville Road, consisting of a total of
approximately 80.12 acres as described in the attached legal description, a Use Permit for a bed and
breakfast with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 661, 662, 663, 706, and 707 of the
2nd District 2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the Use Permit for a bed and breakfast listed in the attached conditions of
approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1802
of the Zoning Ordinance of the City of Milton with the approved concurrent variance; 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ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature of approval of the Mayor.
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ORDAINED this 18th day of August, 2014.
MaYOrJOeL~
Attest:
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be approved for
a Use Permit for a Bed and Breakfast 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) The existing accessory buildings shall not be expanded in size as
depicted on the site plan received by the Community Development
Department on May 28, 2014.
b) The number of guest rooms shall not exceed four (4) within the 10,536
square foot house depicted on the site plan received by the
Community Development Department on May 28, 2014.
2) To the owner's agreement to abide by the following:
a) To the site plan received by the Community Development Department
on May 28,2014. 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. In the event the Recommended Conditions of
Zoning cause the approved site plan to be substantially different, the
applicant shall be required to complete the concept review
procedure prior to application for 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:
a) Provide a 400 foot building setback for the house utilized as the bed
and breakfast along Batesville Road. (VC 14-02)
4) To the owner's agreement to abide by the following requirements,
dedication and improvements:
a) a) Access to the site shall be subject to the approval of City of
Milton Public Works Department, prior to the issuance of a Business License,
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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. At a minimum the following shall apply:
i. Driveway(s) shall meet required intersection sight distance and shall be
certified by professional engineer
ii. Driveway(s) shall be improved within the right of way
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ZONIN6 FLAN
LRF MilTON u..G ~'TU~~_'
I I! -,I
..k?SEPH I'IEY, AS ('HI TRlJSTH: ~_~.llJA Ma;.ART'I" 1VE"T' TFlJ5T5 ,
SITE PLAN SUBMITTED MAY 28,2014
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13Cl0:?
Survey Description of PropertyfA It.f-l; I ) VCI'I-o 2 Tracl 'l
All of ths: tract or parcel of land lying and being in Land Lois fY31, 662. 663. 706 & 707 of
lilts 2nd District, 2nd Section. City of ""lilton, Fulton County, Ceorgia and being more
pa iicJ.Jl,arly described as follows:
Beginning at on ron pin placed (112" feber) locatoo at the IntGtSGcllon fomoc by the
northwestery right-of-wilY tints uf Taylor Road (60' rlw) witll tile Il'Jrtheasterly right-d
way line of Bates'/ille Road (60' rlw) and proceed along the northeasterly nght-of.way
line of Batesville Ro:;d (6(l' rlw) lhe folla."ing course and dlstanoes: 1) 117.79 feet along
the arc of a curve to the Rig!',t, ~aid curve having \;j radius of 1851.68 fael and being
5u,lended by a chord of Nl)rlh 42"04'21" W",!;l, 117. 77 f~t to a point 2) thence North
40·01'45" West for a distance of 45.55 feet to a pOint; 3) thence 672,1}4 leel slong tM
arc of s curv{J to the Left, !>8i.d curve having a radiu~ of 3046.51 feet and being
subtended b)' a chord of NorU, -wc21'23" West. 671.47 feet 10 a point; 4) thence North
52"41'01" West for a distarce of 559,94 reel to a pelnt; 5) \llanoe 239,70 fee! along the
Arc of a curve to tile Laft, said curve having a radius of 488L .01 feet and being
subteonded by B chord 01 North 54"05'22" West, 23~.6S fGet 10 '" point: 6} thence 42.01
f!:Jel Cllong \')e arc of a curve to the Lei'., s~id curve having a radius of 614 ,72 feel and
being 5ublended by a chord of North 51'27'12" West, 42,00 feet \0 a point 7) thence
Norlh 59'2L '3S" West for a distance or 16.47 feet to a ~oiflt; B) \1)en~el0B.85 feet along
the arc of 8 cur.'c to the Right, eaid curve h:\ving s radiu~ 'Jf 28€9 .91 fael and i:>ei:ng
subtended by a chord ()f Null" 58"19'27· Wc::~t, 10c.84 feet to a l)<Iint 9) thence 19,03
feet along the arc of a WIVe to the Right said curve having a radius 01 487.4tlleel and
being subtende<l by Il c:t\orn of IWlr1h 56"07'11" West. 19.02 feet to a point; 10; thence
North 55<00'06" WC5t for a di!:Otance of 81 ,39 teet 10 a poirt; 11) Ihenc6 99.99 feet along
tile arc of a curve to ttll:l Right, oCliu (;ur Vts trdvill!:l a rad'Js ::..f 1675.64 feet and being
subtEnded by a chor" of North 53"1 T32" West, 99,97 feel to a point If' the centerlin& 01
Little Ri'Jar. (said point ~I:;.n hRin9 nn ltIP. dividing IInA hetween FLiton County and
Cherokee County here~)after referred to as the County Line); thence departing said
right-{)t-way line of Batesville Road (00' riw) and proceed In a northeasterly direction
Along the centerline of UttlE River & the County Line the follow ng courses and
dictancee: ',) Nort124"10',1" East far a distarce of 59.54 feet to e J::Qin',;
2) lht:n~ NOnh ()O~41'35' [asl for a distance of 89,24 feet to a point;
3) thenes Nor111 r45'45" East for a distBnOO or 189,76 failt to a :lolnt;
4) thAnce Nort1 48'32'15" East for a dl$tance of 63.C8 feet to a poJint:
5) thence f\orlh 64'51'53" East for a dis,snce of 97,16 feet to a p'Jinl:
5) thence I\orth 138"23'00" ECt:;1 fur Cl uR; ,an::;e vf e4,S4 f.;;el to a i»ill'.:
7) thence North 49"35'31" East for a dis:an:e of 4O,c8 leet to a pJin:;
8) thence North 34"4.3'M" EfI!';1 fnr A nif;lAn~e of E2.24 feet to a p:>in::
9) thence North 4 to 14'09" E..1!:01 for a dic\once of C'9,,53 faet to a PJin:.:
1O} thence No1h 140-5'59-EE:lSt lor (i dit;lallt.:ti uf 302.24 r~t:t to a puinL
11) thence Noih 12"4;43· East for a distance of 9557 feet to a poi1t;
12) thence North 34'50'5T Fast for 1I cii!ttRnr.p. nf 22.2!=l fAAl to II [)ohl;
1:3) thence N<:rth 13"06'31" EO~l for 0 dk;tonoo of 80.64 feet to a point on the northerly
line of Land Lot 662 (said I'ne being common 10 Land Lots 635 &. (}62); thence departing
IhAo r.enter1ine of Little River & Ihe County Line and proceed along the nmtheriy line of
Ulnc Lot 662 (6ald line being common to Land Lots 635 8. 662) Ihe foll.:J\'Iing courses
<11"11.1 ,Jis\ances: 1) Sc-ut~ Oll<5::1'39" Easl for .!l dis:ance or 31.47 feet to an Iron pin fouoo
(1/2" rebar); :01) trence .south 88'5339" East for a dislanoo 01 852.64 feet to a p,'linte<!
C "'Use~',1;,,)e'J\:f."u~t8',_oC<lI\ /.Iic;ro~ofl'''Nirr~(J'IIs\T(Jm~()Iary Inlerr-el
FI,;-g',::onlar.lOu']<:o ."A7I','<1'lbl::'/'L l~U1U~-l Kl·SUR'.JEY,o:X; BATESVilLE RO
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1JU1U3
roc.k found 'filth ta.:k in top marking the nor,hesaterly corner of Land Lot 682 (sBid cornsr
being common to Land Lots 634,635,6£2 & 563); thence departing said and lot corner
ard proce~:j alon;! the northe'ly line of Land Lot 663 (said line beirlg oomrnon to Land
Lets 634 & 6(3) Sou:h 89"58'35" East for a distance of 1016.94 'eGt to an iron pin found
(1.'2' rebar} on the westerly righ(-of-wa~' line of Taylor Road (-60' rtw); ttHmc-e a-ong the
westerly and nor1.tlwe-s:erfy rgh:-of-way line of T03ylDr Road (6{)' r.'wi ttJe f:)llowing
rr.UrFA~ And distances: 1} 265.45 feet along the arc of a GUf'le to the Lefl sad curve
having (l rc.dius of 262B.57 feet and being 8ubt~ndad by a chord of South 20'16'23"
We-sl 255.34 [tiel to a point; 2) t1ence 273.72 feet al-ong the arc of a ctJlye to the Left.
said curle havinj;; a radiu-s 01 3976.45 feet arrd being subtooded by a chord of South
15<?4'/~" VJFl~I. 273.66 feet to a poi~t: 3) th811C6 South 1::'"26'1 C' West for a distaoce of
5i1. i5 f:::ct to ~ poirt; -1) thence 1B·I. 1Il feet ",10'9 the ar::: of a curve to lhe Right, Baid
curve having <I rCit/ius of 4207.35 reel and being sublended b~ a chord of Soutll
14040'12" West, 181,17 teet to a point; ·5) thence ~Ollth 15"54'1::r ',"/esllor a -distance at
35.32 feet 10 a point; 6) thence 88.30 fe"t aloflod the arc of a curve 10 the Right. s.aid
curve havi~ a radius of 404,87 feet and being Bubtended by Ii ch{lrd of South 22"00'05"
West. 88.12 fe-et to a point, 7) 1henee 185.28 fs&t along the are of a eUMI to the Right,
said curoJe having a radius of 1923.18 feet and being SL btended by a chord of South
3' "09'33" West, 185.21 (eet to a point: 9) thenc~ Sautr 3::;'"55'09" V'/est fcr a distance of
9G3.95 feet to am iron pin p18ce-d (112' rebar) Cfl t1e northeasterly right-of-way line of
Batesville Roa-d (00' rNI) and tile Point of Beginning. Said tract or parcel containing
80.12222 acres rrore or less. or 3.490.124 square feet 'llore or less.
C:',.u£8rs·'IKaY"'·'App[/,jW'lIJC<lP.tM:ro,on::".'indCYI.'S',Tern~~r.;ry Interr~l
~ 1""3'lA")m8nll)uUool;',:o.IW4~5E'l,l.I30103-TR1-StR·""=Y.(1o(; B.~TES\iILL[ RD.
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