HomeMy WebLinkAboutORDINANCE NO 17 04 308I
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 17-04-308
PETITION NO. ZM 17-01
AN ORDINANCE TO MODIFY CONDITIONS 2.a. AND 3.b. OF AN ORDINANCE OF THE CITY
OF MILTON, U14-02 PROPERTY LOCATED AT 14505 BATESVILLE ROAD WITHIN LAND LOTS
662 AND 707 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 47.7
ACRES.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on April 24, 2017 at 6:00 p.m. as follows:
SECTION 1. That the condition of an Ordinance, approved on September 22,
2014, for petition U 14-02 that approved a Use Permit for a Rural Event Facility (Section
64-1842), property located at 14505 Batesville consisting of a total of approximately
47.7 acres, attached hereto and made a part herein;
SECTION 2. That the property shall be developed in compliance with the
conditions of a pproval as attached to this ordinance (ZM 17-01 ). Any conditions hereby
approved (in cluding 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this ordinance are hereby repealed; and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 24th day of April, 2017.
Attest:
Sudie Gordon, City
(Seal)
Approved:
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RECOMMENDED CONDITIONS
Should the Mayor and City Council approve this petition, the recommended
conditions (U 14-02) should be revised to read as follows:
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.
vi. Barn Facility Location -Friday through Saturday: 9:00 a.m. to 10:00
p .. m., music ends no later than 10:00 p.m. Maximum 45 dBA one
hour prior to music ending. Alcohol ceases service 15 minutes
before music ending. Facility closes at 11 :00 p.m. Amplified music
shall be located within the barn.
To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on April 4, 201 7. Said site plan is conceptual only and must
meet or exceed the requirements of the Zoning Ordinance, all other
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3)
a pplicable 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
a pplicant 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.
To the owner's agreement to the following site development considerations:
a) A l 0,536 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 April 4, 2017. 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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130103 RECEIVED
'; '11 ,.,
Survey Description of Property
Events =acilit~ Parcel
CITY OF MIL iON
COMMUNITY DFV::LO~MENT
All ot that tract er parcel C·1 land lying and bang In Land Lots 661, 662, 663, 706 & 707 of
!tie 2nd Dishcl 2nd Section, City of Milton. Fulton Coun:y, Gevrgia and bein~ rrore
JXlrticularly described a51 follows:
Begin11lng at an iron pin placed (1/;,i·' rebar) locate at the inteffiection formed by the
northwester!~· ri~ht-of-way line ::>f Taylor Road (60' rr'w) with the northeasterly righ1-of-
wa~· line of Betesv1llc Read (60" r.'w} <Jnj i;rooeed along ltie northeaster1)1 right-of-way
line of Bates•li lie Road (6J' 1 fw) tint Cul lowi 1l9, course ;rnd dis tar res: 1) 11 7. 79 fee: al :>ng
1he arc of a w rve to the Right, said curve having a radius ot 1651 .tl!l teet and being
$Ubtended by a chm1:1 Qf N~rlh 4?'04'21" West, 117.77 fE?tt to a paint: 2) thence North
4()"01'45" W;aet for a dfai::ince of 45.55 feet to i:l point 3) thence 672.84 feet along the
arc ot a curve t.o the Left, said curve having ;i raolus of 3046.51 feet and being
!;Ubterided b y a chjrd of North 46"21'23" West. 671 .47 feet to a point 4} thence North
52~41'01 '' Wast for a disF.111oe of 5'59.94 feet lo a poiit; 5) thence 2~9. 70 feet along the
<ire: ur a curve to the Lefl, !aid curve having a radius of 4884.01 feet and being
subtende<l b~ a chord of Ncrth 54·0~·2z West, 239.~6 feet tc· a point; 6) hence 42.01
fAAt along the arc of a curve tc:· the left. said curve having a iadius of 614. 72 feet and
:>eing subtended by a cilord ol North 57•2n 2" We!>i. 42.DO feet to a point; 7} the-n~
No1tl1 59r.24'39" West for a distance cf 16.47 feet to a po·int, 8} thence 1J8.S5 feet along
the ar·:: of a cuve to the Rgh1. s.aid cu·ve having a radius OI 2lStil:l.~n feet anc 001ng
subtended by a chorrl or North 58"1£127" West, 108.84 re-et to a point; 9) :henc,e 19.03
feet alon9 the ere of ei curve to the Righi, said curve having a raciue of 487.'16 feet alld
being subtended by a choir.I of Norlti 56"07'11" w~!;L, 19.C2 reel to a i;oint; 10) thenc-e
North 55"00'06" West for a distance of 81 .39 feet to a point; 11) Ulence 99.99 teet along
the an; of a curve to the Ri!Jh1, !".'4iri r.mvP. h;ivin;i ;i rMiu~ cl 1675.64 feet ~nc being
i;;1,.1btende-:I by a ch:>rd of Notth 53'17'32." Wc!lt, 99.97 f~t to D point in the centerline of
little Rivet. (sak:l point also being on the divid ng lire between =utlun Cou11ly oirnJ
C:h'°'rokei; County hereinafter referred t:> as 1ha Coun y line); thence departing said
right of 'Mly line of Batesville Road (60' rfw) ~nd proceed in r;1 northeasterly direction
along Lin:< cen1erline of Lime Ri·.rer & the County Line the following courses arid
distances:
1} North :M' 10·11· E.ast 'or a distance of 59.54 feet to ;;i point;
2) lhisrn:.-e N::>rth 60¢41 '3~" East for a dislam1e of 09.24 f~t a a point:
3) thence North 11•45•45" East for a distance of 139.76 fee: to a p<>in
4) thence North 48.0:t>'1!i" Ea!;I fn.r a distance of 63.09 feet :a a point;
5) thence North 64"51'58" Easl for ;;i di!:t:mce of 97 .15 feet :o ;:i point;
6) thence North 6S"23'00" E<i!>l (v1 <i d1st;m i:a ur 84.94 rt1t1I .u e1 p()inl,
7) ltlence North 49"35'31" East tor a distance of 45.65 feet :o a point;
8} thence North 34"43'5a" Fa~1for~1ii~ffinr.P. of A? ?4 fP.P. ·o a pnin1;
9) the nee North 4' • 14 '08" EAs1 for a dist.a nee of O:l. 53 feel :o a point;
10) trence North '4•35·59 .. East for a distance of 302.24 feet t:> a po 11!,
11} t~nce North · 2"47'43"' East for a distance of 35.57 Fee: to a poi rt;
12) thence North 34•50'57'' East for a distance of 22.29 Fee: to a poi rt;
EVISED
13) L11t1r1ce No1ih 13"01r31 " Eoist for a distance of 139.64 f!:ot to a point on the
nortr1erly line ot Land Lc·t 662 ·'.said line being comm on to l and Lots 635 & 652);
(104~07~8 no::: I }C:'..UsersVooy .rrsr..don!lkf._;lpp[l~t«'ol OC<Ol'.Mirrr«nH•'l.'in.'im'>"-\T"npnr;:r~· n1nrnnr
Fil,,.,\COritent.Outlnn~\1.J2YXOE:Ot:.ll•,ey New t:oi·em~ -a~I r~ L~ D~r.mtion (C-048071«l:d?·E 1 CIC) d:>~
81\Tfe'Jll_ l<D.
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130103
11ence departing the cerlterline of Li~ e River & lll~ County Ure and proceed along the
nortnP-rly tine of Land Lot 632 (said ine being common to Land Lets 635 & 6C2) the
bllcwing ooursee and dit;tances: 1 f South 83"53'39'' E:ast for a distanc~ of 31.47 feet to
an iron pi11 found {112: rebar); 2) therc.e South aa·s3'3£" East for a distance or 852.64
feet to a painted roCI< tound witr ta0:k in top marking the northeasterly co·ner of Land Lo:
662 (s11ict t:orner being c:immon to Lane lots 6-34, 635. 662 & E-63:1; thence depar.ing
i;aid land lot cor1er and pra<:ccd along the oorther~; li1e of L3nj Lal 683 {said line being
common to Land Lots 634 & 66J) South 00"03'42" Ea:sl fu1 ri d stanci:: of 2310.21 fe'°t lo
an iron pin pac~ (112" rebar) :m the ncrth-easterly righ1-ot-wc.y line of Bates1111e Koad
(60' r/w) <11nd the Point of Be9inoing ~:<id ln:ici or parcel containing 47.69251 acres
more or le~. or2,077,486 square faa1 moroor less.
RECEIVED
CITY OF ILT(JN
COMMUNITY DEVELOPMFNT
(CJ~%79f. DOC 1 }C:IU~ers'·'Oh~n.rracd'.lnak:l\•l.ppDa1a'.....ocal'bfaooof1'.'Niffilow:;\Tc•ripu1;.11 y lr+lt:+ nt:l
Fi1.,.-.r,,"lf'n1.0 look\IJ2YXOC0['.l'Jey Ne.v h~~ Facility L~ga Oe&:fbtior (0048079f.x8E13C).d:c
BATFi'>VIL_C:: RD.
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