HomeMy WebLinkAboutORDINANCE NO 14 09 218STATE OF GEORGIA ORDINANCE NO. 14-09-218
COUNTY OF FULTON PETITION NO. U14-02
AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1842) FOR A RURAL
EVENT FACILITY ON 47.7 ACRES LOCATED AT 14505 BATESVlLLE ROAD
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
September 22,2014 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 47.7 acres as described in the attached legal description, a Use Permit for a rural
event facility with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 661, 662, 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ordinance are hereby repealed; and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 22nd day of September, 2014.
Attest:
Sudie AM Gordon, City Clerk
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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 Rural Event Facility 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) A rural event facility.
b) The number of attendees shall not exceed 250 people for any single
event.
c) The hours of operation shall be the following:
I. Friday through Saturday, 9:00 a.m. to 11 :00 p.m., music ends no
later than 11 :00 pm, Maximum 45 dBA one hour prior to music
ending. Alcohol ceases service 15 minutes before music ending.
Facility closes at midnight.
II. Sunday through Thursday: 9:00 a.m. to 10:00 p.m., music ends no
later than 10:00 pm, Maximum 45 dBA one hour prior to music
ending. Alcohol ceases service 15 minutes before music ending.
Facility closes at 11 :00 pm.
III. Amplified sound of music shall be located within the enclosed
portion of the atrium.
iv. All deliveries shall enter off of Batesville Road.
v. When portable toilets are used, they shall not be viewed from
Batesville Road and Taylor Road.
2) To the owner's agreement to abide by the following:
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a) To the revised site plan received by the Community Development
Department on August 19,2014. 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) A 10,536 square foot structure, a 4,296 square foot atrium, and all other
buildings shall not be expanded in size as depicted on the revised site
plan received by the Community Development Department on August
19,2014.
b) The location and number of parking spaces shall be as depicted on
the revised site plan received on August 19,2014. All events with more
than 75 attendees shall be required to have valet service and provide
a minimum of one off-duty police officer for such events.
4) To the owner's agreement to abide by the following requirements,
dedication and improvements:
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, 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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REVISED SITE PLAN SUBMITTED AUGUST 19, 2014
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RECEIVED
Surve,; Description of Property CI TY OF MIL'rON
Events :;acilit:-o Parcel COMMUNrT Y OPV :::LOPr.lENT
All ot lllat tract cr parcel c,r land 1~(lng and be ng In Land Lots 661, 662, 663,706 & 707 of
1\'le 2nd Dist-ict 2nd Section, City of Milton. Fulton Cc,un:y. Georgia and ~in~ rrore
p<lrticulsrl.y' describe{j as follows_
Beginlllllg at an imn pin placea (1f:r retlar) locatee: at the intersection forme<! by the
northwesterly ri!Jht-of-wa'l line :>f Ta~'lor Road (60' r1w} with the northeasterly rI\1ht-of
way line of Batllsville Rcad (6Q-r,w} :mj j:roceed along Ihe northea6tE'rly right-{)f-wav
ine Of Bates'/ille Road (6J' rfw) lI~ rtlliowil)y course and distarces: 1) 117.79 fee: al:>ng
the arc of a C(JNe to the Right. said curve having a radlu5 01 1tio1.t;~ le~t and being
subterded bi' a chJm of Nr.rfh 4?'0'l'?1 'WP.'!;t, 11777 fe£t te. a poi'll: 2) thence North
40"01'45" Weat for a dial,mee of 45,56 feet to 0:1 point: 3} ihence 672 .81 feat slang the
arc ot a curve to the Left, said curve haVing :a radius ot 3046_51 feet and being
!'iubtended b"f a chjrd of Ne,rth 46'21'23" West. 671.47 feet to a point: 4} thence North
52°41 '01 " West for a di$t.lnce of 559094 feet to a poht; 5) thence 2~9, 70 feet alc.ng the
,Ill; u( a curve to the Len, said curve having a radius of 4B94.01 feet and ~ing
subtende<l b'l a chord of Ncrth 54"0!;'2Z' West, 23!i!.56 feet tc, a point; 5) thence 42.0 '1
TP.O'!t along the arc Jf a ctJrve tc the Left, said curve having a iadius of 614_72 feet and
:leing subtended by a chord 01 North 5,"27'12" West. 42.00 feet to a point; 7) Ihe-nce
NOltll 59"24'39" West for a distance d 16A7 (eel to a point. 8) thence 1JS.S5 feet along
the ar':; of a CU'V8 to the Rgh1. s-3id CU-ye haVing a radius at 280\1,91 leet anc being
subtended by <I chnrrl nf Nor1h Sa01 ~27" West, 108.84 feet to a point; 9) :hence 19.03
feet aloll9 the arc of e: curve to the R;gh1. said curve ho:l'ling ::1 racius of <187.-16 feet and
being SUlltended by a chulIJ uf Nurlll 56"07'11" We!;l, 19 .C2 r~t::110 ~ j:ornt: 10) thence
North 55"DO'06' West for a distance of 81 ,39 feet to a point; 11} theoce :t9.99 teet along
the ;lrt of a CLINe to the Ri!Jh1, s::Iin r.mvp. hRvinJ i'I ri'ldilL<; /':If 1675.64 feet ,me bein{l
~ubtende-:j by 8 cbrd of North 53'17'32" Wc~t, 99.97 fc<:t to Ll point in the centerline of
Little River (sald point also being on the divid Il!;j line between =ullun Cuullty ClmJ
t.h~roke6 Count~ here-inafter referred b as the Coun)' line); thence departirg said
nght c·f w;ly line of 8atesville Road (60' r/." ,) ,inC proceed in 3 northeesterly diredion
along lilt: cenler1ine of Li1ile Ri',rer & the County LiM Il\e follcwing courses and
distances:
1} Nortn 2.., ' 10'11 " East :or a distance of 59,54 feet to OJ point:
2;' \lltlrll.ll N:>rth 00°41 '35" East for a dislaOlc,B of 09 .24 feet to a point:
3) thence N~rtll 1i ' 45'45" East for a dis13nce of 1a9.76 fee: to a poin
4) thence North 4R"::I?'15" F.'I!;I for a distance af63.0~ fe-et :o a point:
5) thence North 64'5t'58" Ea.~1 or Cl d;stmce of 97.15 feet :o ~ point; EVIS 06) thence North 68'23'00" E(:j~' fU I i:l U'Sl.i:tl lL;tl uf 84.94 (~"l .U CI puinl,
7) mence North-49"35'31" Easl for a distance of 45.68 feet:o a point;
8} thEnce North 34"43'5.'1" F~s1 for fl riistf'inr.p. nf!'.? ?4 fp.F!f -n ;'I point:
9} tI'Ience North 4-"14'08" Ea~1 for a di~tarrec of OJ . 53 fect :0 :l point:
10) tt-ence North' 4<35'59' East f!>r B distance of 302 .24 feet b 1:1 po III ,
11} tl"ence North ' 2"47'43" East for a distance of 35.57 rBe: to a poirt:
12} tt-;ence North 34<50'57" East for 3 di;;tar.re of 22,29 ree: to a poirt;
13) llltlr ce N0111, 13' OG"31 " East for a distanCE! of 00.64 feet to a point on the
nortrierl, llne ot l.:and Le,t OOL ,:sak:lline being common to land Lots 635 &662);
(~C~t OO~~8 r.c.,::" :.c:',u!.i::-n··.'vt~·,. .rr~i,:,don~k:f"'.:' .rl;rt~·.1 n~I',~.1ir.~nf1IINin;n".. ~'t.Tp.n"r.r;;f)' mnr'1r.'
Filc<;\::%" )r.;nt.(;tJ1lronk';.'.J2,()(CoI:OL',I'.,,,:,, N.;,,, .\;,'"~ . 3~11 t~, L:~'-" DeY.(" )tior; iC(J481J71}3~ElE I :"C) ~:.:,
81\r ,WIL__ 1(1).
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1·:,u103
l1ence departl1'1g the cellterline of UU::e R~yer & !h~ COlll1ty Lire and proceed along the
norlt1p.rly line of Land Lot 632 {said ine beil,g common to L.and Lots 635 & 01.32) the
blkwing COUr5<;6 and distaoces: 11 South 8a'53'39" E3St for a distanee of 31.47 feet to
:m iron f>ill found (tf2' rebar); 2) therGe South aaoS3'3£" Cast for a distance of 85;;<.64
feet to a painted rOCl< found witt ta,:;k in top marking the northeasterly co'ner af Land La:
1362 (!>:;!ici corner being c:tmmon to L.ane lots 1»4, 635, 662 & E-63): theoce depar:jng
!;aid land lot oor'ler and proceed along the oorther~J lile of L3nj lot 663 (aaid lin" being
common to Land Lots 634 & 5(3) South 00"03'42" E:<l:sL lUI :t dstancl':: of 2310.21 fe-et to
an iron pin placed (1/2" rebar) :}n the ncrtfl~aster1y rrgh:-ot-way line of ~tes'II"e f{oad
(60' rIW) and the Point of Beginnill9 ~::Id trFU:-t nr parCk.1 containing 47.69251 acres
more or II!I~, or 2,077,486 square fec1 more or less.
RECEI VED
CITY OF MILTvlll
COMMUNITY DE'JELOPMfNT
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