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HomeMy WebLinkAboutOrdinances 19-09-405 - 09/23/2019 - ZM19-01/VC19-02 850 and 875 Hickory Flat Road modiSTATE OF GEORGIA ORDINANCE NO. 19-09-405 COUNTY OF GEORGIA PETITION NO. ZM19-01/VC19-02 AN ORDINANCE TO MODIFY CONDITIONS 2.a., 3.a.iii 3.b., AND 4.d. OF AN ORDINANCE OF THE CITY OF MILTON, U18-07/VC18-06 PROPERTY LOCATED AT 850 and 875 HICKORY FLAT ROAD WITHIN LAND LOTS 379 AND 380 OF THE 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 6.486 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 23, 2019 at 6:00 p.m. as follows: SECTION 1. That the condition of an Ordinance, approved on June 18, 2018, for petition U 18-07 that approved a Use Permit for Festivals or events; indoor/outdoor (Section 64-1812), property located at 850 and 875 Hickory Flat Road consisting of a total of approximately 6.486 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance (ZM19-01/VC19-02). Any conditions hereby approved (including 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 23rd Attest: 'Sudie Gordori, City Cle (Seal) of September 2019. Approved: J ekwood, Mayor 'RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions and concurrent variance should be read as follows: 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 June 25, 2019, 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 1 1:00 p.m. May Ist through October 31 st with no more than 30 events to include two events approved through a special event permit not to exceed 300 people in attendance which must include one off - duty police officer. b. There shall be no more than 250 attendees at any given time for each concert/performance. 4) To the owner's agreement to the following site development considerations: d. The maximum noise permitted measured at all the adjacent property lines shall not exceed 70 dBa continuous sound on Fridays or Saturdays between the hours of 7:00 p.m. and 11:00 p.m. (VC18-06, Part 3) p. To delete the landscape islands for the proposed parking lot within the 100-foot-wide transmission line. (VC 19-02 - Part 2) q. To increase the rural section building maximum setback from 20 feet to 430 feet for the proposed bathroom building (VC19-02 - Part 3) ' r. To allow the parking lot to be in one large area for the proposed parking lot within the 100-foot-wide transmission line. (VC 19-02 - Part 4) s. Parking areas shown on the site plan received by the Community Development Department shall be required parking spaces except for the 17 parking spaces identified as "future expansion" within the 100-foot power easement. fl _-___ a rr- Site Plan received on June 25, 2019 (ZM19-01/VC19-02) 1 Ilsd EafE 5256o6 Pt 1311 F.A10BIT "A' LOCAL DEpC RIPT:UN AL thal fiw or farecl ofland lying evi L'dog louAoi in Lead Las WOW 379, District 2, Section 2, rtltca Couruy.Gcoogis,and bd1'g.w:roprtioslerly de1Q'Iaed&s UIDw> IiepaannGn : point at the inlen:cticzo::he norh IJW. away Line ifIBetory r1w Read (o Co. R1W) w iih the wrM nzEjt of uny Lino of Badtm4,aLa lbghmay (a 49ST'); T71fNCE NOOL 72 dcgrm 00 XIALLa 3E sxrm]a Arco f.,r a di "ma of 413.99 fart slrcg •.Ix n. rtiiOEM aC"I,ILL0 ofIliakrtry Fig Road(a 47 iL11r) to m von a.o 9nrnd Owl" rIft THkhiY ieaYnig mu! nirh ngh of my Not of Nicbxy Fla' Road. Vwth UU day. 51 mduma 1 I sexnde Bret tot a JLa we of42 L.59�W un'-nm pin iaund(I^" Rr8` in the aono:Wa cf La.' d l.ut 379; U%BISCL NwIth N9 deyrera 04 mim fix 10 e,,"Ag West fot a ditlsooe or 20..11 fwi al ,,g the .DA Iam of La -.I I ao 379 to a rock m:aumeat found; TFENUL' aaaiagavid naafi idc of Land Let 379, N10, W dasaeas OE mvoom 21 SC IWI Bat Mr a dsra7ra nf437.UE Imr ID a mok mmwmeet found; THENCE SQUI W) dayoore 7A ninuta 32 seaxtda East fs a 1a`8nea of 415-24 fetl hn an imn pin ftv d(In"R'8); THENCT So61h OD depfen 15 minute 26 wx nds Nast for a d swma of 7dCi.2 t feet W rr-.ror pin 16�(l (line R/R); I'111tNC'I. Crneh 77 Acjq v 15 min -Aft 22 r. rir Dec far a dir,"oe of 233,81 fer W an inm run pauae V R" RBi on the wr.'u nehi ofwrty Lme of Birmia", l5ooirwxy (a 4W R+W); 7141:NC E Seuth 26 degree It Minima 3031r &prat faa dis'uue of 54.D7 fect &kM (he we¢ right ofway I Inc ofBinninpham Maim my (a 40'R•'W) W Is paid; THENCE South 20 rlrt7ea 29 3AM=154 at6ands WML fora di,h ner nf47.bi feet s'.D1q drs wee ngldofway Wre a 96!ologhl . ll Kbwagt,7 thepoiotaf bcgWnLig. 2th9ahawva-6 aW)CQ WCDri S, 02dcfUCta,w IIA> Irruao nlnYan'-. Sad.. Fmy eonviat b.4E6 s• . rid .x mrrce fill ly s:,awn on a Sts,ey for Charles C. Dimmote, by nnerttTdUw K.e wd /rsv�ci.-tes, Ir . Land AFr1L Q 2DO3. bwog Menrjob twmaer 2Iti3- OE2, ead &oki, ideatil'red w draw:eg BILWE. (Parcel ID N'.waber; 22-CM04379•DD24 end 22-060-W79-vA.S) RECEIVED ZM19-01 VC19-02 Gity of Milton Col"muuily Development