HomeMy WebLinkAboutOrdinances 18-06-364 - 06/18/2018 - MATILDA'S U8-07/VC18-06STATE OF GEORGIA ORDINANCE NO. 18-06-364
COUNTY OF FULTON PETITION NO. U8-07/VC18-06
AN ORDINANCE TO APPROVE A USE PERMIT FOR FESTIVALS OR EVENTS;
INDOOR/OUTDOOR (SEC. 64-1812) ON 6.486 ACRES LOCATED AT 850 AND 875
HICKORY FLAT ROAD AND A 9 PART CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on June 18, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the property located at 850 and 875 Hickory Flat Road consisting of a total of
approximately 6.486 acres, as described in the legal description attached hereto,
be approved for a Use Permit subject to the Conditions of Approval, and
concurrent variances; and
SECTION 2. That the Festivals or events; indoor/outdoor Use Permit approved
hereby are subject to the provisions of Sec. 64-1812, 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 described as attached; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations other than as authorized by the variances approved hereby;
and
SECTION 4. That all ordinances or part of ordinances otherwise 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with the terms of this ordinance are hereby repealed; and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.
ORDAINED this 18th day of June, 2018.
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Attest:
Sudie Gordon, City Jerk
Approved:
4,
Joe Lo od, Mayor
i
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APPROVED CONDITIONS
This petition is approved by the Mayor and City Council, for a Use Permit for
Festivals or events, outdoor/indoor (Sec. 64-1812) subject to the owner's agreement
to the following enumerated conditions.
1) To the owner's agreement to restrict the use of the subject property as follows:
a) Festivals or events, outdoor/indoor on 6.486 acres within the AG -1
(Agricultural) and C-1 (Community Business). (U18-07)
b) A maximum 693 square feet for performance stage and associated
uses.
C) All uses and densities permitted within the C-1 (Community Business)
zoning district (Article VI, Division 18 of the Zoning Ordinance) as
delineated on the City of Milton Zoning Map.
2) To the owner's agreement to abide by the following:
a) Substantial compliance with the Site Plan received by the Community
Development Department on March 29, 2018, and whereby the exact
layout of the project may contain minor deviations approved by the
Community Development Director provided the deviations remain
consistent with the purpose and intent of the Council's approval of the
Use Permit. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances and these conditions. The site plan
may be revised with the approval of the Community Development
Director in order to comply with city codes and zoning
conditions. 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 use requirements:
a) Months, Days and hours of operation shall be limited to the following:
i. Friday and/or Saturday within each week.
ii. Hours of operation shall be from 7:00 p.m. to 11:00 p.m.
iii. Mayl It through October 31 st with no more than 30 events
to include two events approved through a special event permit
not to exceed 250 people in attendance which must include
one off-duty police officer.
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b) There shall be no more than 200 attendees at any given time for each
concert/performance.
4) To the owner's agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible facilities until such time as permanent
bathroom facilities can be provided. Said temporary facilities shall be
placed outside of any required setbacks and located in an
inconspicuous area of the property.
b) Provide a 54 inch high, four -board equestrian fence to be consistent
with the adjoining property line fence with a ten foot landscape strip
as approved by the City Arborist adjacent to the following property
lines; West 421.59 feet and North 201.71 feet where they abut AG -1
(Agricultural) used for residential use. (VC 18-06, Part 1)
c) Provide 60 foot activity zone setback adjacent to the following
property lines with the relocated structure allowed to encroach into
the setback; West 421.59 feet and North 201.71 feet where they abut
AG -1 (Agricultural) used for residential use. (VC 18-06, Part 2)
d) The maximum noise permitted measured at the following property lines
where a residential use is located; West 421.59 feet and North 201.71
feet shall not exceed 75 dBa continuous sound on Fridays or Saturdays
between the hours of 7:00 p.m. and 11:00 p.m. (VC 18-06, Part 3)
e) Provide a 60 foot setback and a 10 foot landscape strip adjacent to
the west property line 421.59 feet and north property line 201.71 feet.
Allow a maximum 10 foot encroachment into the 60 foot setback for
the re -located building adjacent to the west property line. (VC 18-06,
Part 5)
f) Delete the 75 foot undisturbed buffer and 10 foot improvement
setback adjacent to the remaining property lines adjacent to AG -1
zoned property (Birmingham Park). (VC 18-06, Part 5)
g) To replace the required landscape islands for the parking lot with
plantings as approved by the City Arborist adjacent to Hickory Flat
Road and the north side of the parking area. (VC18-06, Part 6)
h) To provide a 430 foot rural section building maximum setback for the
relocated structure. (VC 18-06, Part 7)
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i) To provide parking in front of the relocated building. (VC 18-06, Part 8)
j) To allow the parking lot to be in one large area. (VC 18-06, Part 9)
k) Submit a lighting plan to be in compliance with the Night Sky
Ordinance prior to the first concert.
I) The subject site shall only be served by on-site septic.
M) All concurrent variances granted as part of this Use Permit for
festival/events; indoor/outdoor (Sec. 64-1812) shall run concurrent to
the approved use and shall only be valid for so long as the property is
so used. The concurrent variances shall expire if the approved use
ceases to operate on the property for a period of six consecutive
months.
n) The approved use permit must be tied to Matilda's as the operator."
o) The event facility shall not be limited to a three year period from the
date of approval for the use permit. (VC 18-06, Part 4).
5) To the owner's agreement to abide by the following requirements,
dedication and improvements:
a) Access to the site and frontage improvements 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)
and frontage improvements shall conform to Chapter 48 Streets,
Sidewalks and Other Public Places and Chapter 64 Zoning of the City
of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the traffic
generated by the site impacts the operations of SR 372 Birmingham
Highway or Hickory Flat Road, he/she may require the owner to
conduct a traffic study to determine if the development warrants any
additional improvements at no cost to the city. If improvements are
determined to be warranted, owner shall install those at no cost to the
city.
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c) This use permit shall return to the council at the next work session six
months from today's date (June 19, 2018) for assessment and status by
staff, the applicant and stakeholders to discuss the results and
experience of the use permit with the council.
** The above condition does not, nor could it reasonably, capture several
hours of Council discussion and deliberation regarding its intentions as to this
use permit. As such, City staff will interpret this condition in a manner that
conforms to Council's deliberations, which is that this approved music venue
is intended to be operated consistent with the manner by which Matilda's
has historically been operated in Alpharetta, to include consistent music
genres.
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ppp loECIAIIKE BRERNIFpt
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CURTIS MILLS
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SITE PLAN RECEIVED ON MARCH 29, 2018
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LEGAL Dl: CRIl7i;DN
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'together with and muelect to covens-ak emcmnus, and zmLictiom of noDxd.
3a'•d 7-vom!t caa:L-.ios 6,486 acreg sot• i s mare ru'.ly , wit do a. Sur ay for Clw lei C. Dinsmura
JV r9nt nMOw•7ocac and j2O--Istce.Lx.. dited rlp:il S. 2003, bm-jrC f.1eir job nmiber20"_3-
782, and being i 1cotified as drawing BU]C£.
,Parer AD Numb:r. 22ao5U-0374-002-2 and 22-4otit-437MO44)
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RFCFIVFD
MA? 29 7D18
City n1 Milton
Community DovMopmant