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HomeMy WebLinkAboutORDINANCE NO 15 02 2341 1 STATE OF GEORGIA ORDINANCE NO. 15-02-234 COUNTY OF FULTON PETITION NO. U14-03NC14-03 AN ORDINANCE TO APPROVE A USE PERMIT (SECTION 64-1843) FOR AN ARTIST STUDIO ON 7.912 ACRES LOCATED AT 14250 BIRMINGHAM HWY BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 18, 2015 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 14250 Birmingham Hwy, consisting of a total of approximately 7.912 acres as described in the attached legal description, a Use Permit for an event facility with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 737 of the 2"d District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for an artist studio listed in the attached conditions of approval, be approved under the provisions of Chapter 64, Article IX, Division 5, Section 64-1843 of the Zoning Ordinance of the City of Milton with the approved concurrent variances; 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and Page 1 of 8 SECTION 5.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 18`x' day of February, 2015. Attest: Sudie AM Gordon, City Clerk 1 Mayor Joe"Loc�lold Page 2 of 8 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved for a Use Permit for an Artist Studio (Sec. 64-1843) 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) An artist studio within the existing 3,296 square foot building. b) The hours of operation shall be the following: i. Monday through Friday: 8:00 a.m. to 5:00 p.m. ii. Saturday: 10:00 a.m. to 5:00 p.m. and Sunday: 12:00 noon to 5:00 p.m. c) The hours of deliveries shall be the following: i. Monday through Friday: 9:00 a.m. to 5:00 p.m. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on October 1, 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) To allow outside storage on the north side of the existing 3,296 square foot building as depicted on the site plan received by the Community Development Department on October 1, 2014. (VC 14-03) Page 3 of 8 1 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 and Georgia Department of Transportation, 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 and Georgia Department of Transportation. 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 as required by Georgia Department of Transportation Page 4 of 8 fl 1 1 If Ili its I ✓ � '• �� / �,� / l rri ,,Ifs h � �.� { 7 r ti '� �/�� � YI � �' •`' �' �'rr'!� I ref' i� l' ' r" , f �I� ��„. 0.0 l � y '•rt 'tj” %`�, V GE/�s.€°'•::•1€�,31��•a�€s3Tis1s7f�j. s � � _-� - Y�;, _ � � _ y i'. •� ��! I�lj� 4�ji'i�l I� i4'�i ��ff' 1 � � � �I� � � i � � 1, '-, '�' f I�i': i �, `�- �'Y�) \�y._ y � 1°fllll''4rlinr::gOiiFslEpos•r3s:�s t Oji i i i.l `t r , ••� I� ��t` ft a13 i Y s�ci• � \ "� r � i ( _ `•� `,�,' ' ,u � L \\off`- _ -_... y.r!r??:=.' ,N ' . - -- • � � • .• �,�, �wd ` � , T�3 `ter " ' rrGw uamrww, .Np w N l""O*MM ANO AMC. M LAtiRN.N FS. DILLON n""^in1O'r�c+a.r u,o w runwr. f k 1QCHAEL DMION v r.,or ,a�w•.rr. rsnwor,"xsrn w rrrgmur+,n Site Plan Submitted October 1, 2014 Page 5 of 8 1 RECEIVEv Dc1 01 Loi4 COWA)MITY DEVELOOPWK 1.F.GAT. DESCRlprlt)v All that ttmc: or pwcel of land lying e•►d being locatW in Land Lo: 7.37, District 2. Smion 2, Fulton Comty. GcMgia. viithin the City of Milton, and bring more particularly desctibed sir follows: Beginning m an iron pin found (1" Off) at the suulllvrvst ctirw o. Land I AA 737, said comcr bring the common comer of Litud Lots 716, 737, 776, and 777, THENCE North 0.1 degrees 52 mini lc:. 32 vecond, Fast for a di;rance of 218.37 feet ulong the west line ol'Laad Lot 737 to an iron pin frn incl (1" 04). f). Tl TrNC- North 00 di:Vves 58 minutes 56 rc woos Last for a distance of 19(1.02 feet along the west line of Land Lot 737 w a point on the centerlinr. of Chicken Crcck; THENCE leavring saidwcat line of Land Lia 737, along the centcrlino of'C2licken t'rcok, South 70 dcgtcc's 47 minutes 32 seMndx Eost for a distance of 16.551 fcrt In s lxiinl; THENCE along the eewrl-nc cif Chicken Ctcck, South 82 degw.-.0?. minutes 28 sce mels 1,.e4t for a distance of 64.49 t'eet to a point; I I IIENC:E along the centerh : of Clikken Creek, South 76 degrees Oft minutes 35 wnnds F-mst. for a distance of 61.35 lim to a point; '11 IENCE along the centerline of Chicken Creek, South 78 dcgxo,'s 28 minute. 11 =sands East :or a d.stancc of 57.44 feet to a point; TUE.NC'I+' alcmg the centerline of Chicken Creek. South 83 dcgreex 00 minutes 58 secands Last for a distance of 10 1. 13 Iron to a paint; 'THENCE dorgx the rrnicrlinc ol'C h cken C:reck South 71 degrm% 26 cuinutes 13 %evon& Last for a distonu of l 15.51 feet to a point 'IHFNCE uluug the centerline ofChicl:en C' -reek, South 91 domes 12 minutes 53 seennds Ernst Por a distance of 74.:557 feet to a point: 1HE.Nf T. alum; Lac eentcriinc cif Chickaa Crack, South 70 dcgnxs M minutes P snconda Past for a distance of 102.90 feet :n U Point, 1'HLNCF alum-_ the, centerline ofChicUu Creep, South 87 tlegmes 51 ntinuiws 25 Seconds East for a distance of 39.77 feet to a poult; G=.l.tnd Pmjeus'.iOl•1-k 1N'6,i�rr,rnrr Ix'•'_{{I J• l i4rrl,l;CiA1..41t� Page 6 of 8 U14-03 qt14-03 1 1 THF.NCh along the centerline of Chickel Creek, South Sh detgeti:s 23 minule:v 23 second.« Fart for a disyeast of R 1.13 feat to e point; TH1=NC1✓ along the canterline of Chicken Creek. South 56 degrees 42 minulrs 10 sccond:i F.trst for a distance of 58.36 tee: to a point; THENCE along the cent_-rlinr ol'Chick-en Crrck, Smith 64 dunes 117 tninu" 56 4aa,:id3 Fast for a distan" of 12.34 fcct to a print TIIENCF.. alone the eemcrline of Chicken Creek, North 78 degm-es 07 m1nutcs 13 ,seconds ,mist for n di,tnrice of 37.01 fcct to a point; THENCE along 6.c oonterlina 01'Chicken Creck, North 63 degrzes 48 to ir.tmes 44 seconds has[ fora distu:xse of 25.1 5 feet to a point_ T1iF.NCF along the cenwrlinc of citiarn Cmek. North 59 de$rees )0 minutes 32 seconds East for a distance of62.O5 Leet to s point: PIENC F, dung the aenlcrI..rncuf Chicken Creek, North 64 degrees 4R minutes I(t<ct for a distance ol'55.21 feet to R point; I HENCE along the wnterline of Ctuckcn Crrck, North 45 dcgrcc i 22 minutes 46 seconds Fast for a distuw* of2707 f -.M In a point; THFNC:f. along the "verline of Chickc-n Crack, ho-th 56 dogives 28 tainutcq 23 urronds fast =or a d:atauce of 78 87 feet to U Point; "fHF114C.'C along the cemerline of Chirken Creek, North 49 dcgnes 33 minutes 40 N=VLLdr Fast for a d;stanuc of 39.28 fact tc a point on the west right of way line o1' Rirming.ham High►vuy (said point bring 68.4' from centerlinc) 'IHL•'VCF leaning sa d cerwrllnc of Chicken Ctaok, South 23 d. -gr= - .30 mirnm-s 43 &crimis East Cor a distance of 164.15 feel uk►ua tLe crest right of way line of Birmingham highway In u point (saie point being 41.1' from centerline); THLiNCE along u tune to the riuht having a radios of 807..54 fact and an arc length of 71.80 rent, being subtCtded by a chord of Siwth 20 dclpvc-s 57 minutes 54 aectxnds hest for a drswricr of 71.77 feet along The west right of way line of Rirminvhuin Highway to a point (said point lxing 40.0' I'nan ccrruliuc); TI lLNCF slung a curve to the tight having a radi-is of 514,93 1"oct and an an lengt i of 141.72 feet. being subtcnde3 by a chord of South 09 deZmcs 57 minus 32 smcnds East 'or a distance of 141-58 fee: along the west right rf ,,%uv line of Birmingham Highway tV an iron pin found (1:2" TUE. 66d pin being 401.0' from centrrliw) on the south line of Land Lct 737; v:'sAr.d 'PI 4-isAMa -k-x Page 7 of 8 11, 1 TT4 NCE leming %Md trust right (& %way line of BirminRhant Ilighway, North 89 degrees 44 minutes' 1 raw-nds %W9 for a distatu c of 1137.0 feet altn►g the south line of Land Lot 737 w an iron pill found (1" 0!! ) and the point of beginnitig. Tny.ether with and subject to covcttnls, easements, and rostrictions of mc(,r& Said property oDnminv 7.9121 acres and is more ful ly shown on a Survey liar Earlc D. Balis and Lctscn A_ Mllon, b4 Brumbclow- Reem atd Associates, Inc.. elated Sgnember 19, 2014, hearing their job nwnber 1-0 14-130, and lxinf, idrntifie d a, drawing D'T.1.QN. 4:.L� Iknjaets�:V1►.L 1 Ytbi+cx�nunti ��� � a- � ai4r~I .� vl i'11 _soca Page 8 of 8