HomeMy WebLinkAboutOrdinances 19-12-410 - 12/16/2019 - U19-02/VC19-02ORDINANCE NO. 19-12-410
PETITION NO. U19-02/VC19-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR A LANDSCAPE BUSINESS (SEC. 64-
1820) ON 3.5 ACRES LOCATED AT 16040 BIRMINGHAM HWY (SR 372) AND A 15-PART
CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on December 16, 2019 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 16040 Birmingham Hwy (SR 372) consisting of a total of
approximately 3.5 acres, as described in the legal description attached hereto as
Exhibit "A", be approved for a Use Permit for a Landscape Business subject to the
Conditions of Approval described in Exhibit "B"; and
SECTION 2. That the Landscape Business Use Permit approved hereby is
subject to the provisions of Sec. 64-1820, of the Zoning Ordinance of the City of
Milton; and
SECTION 3. That the 15-Part Concurrent Variance (VC19-03) be approved as
described in Exhibit "C"; and
SECTION 4. 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 15-Part Concurrent Variance
as described in Exhibit "C" approved hereby; and
SECTION 5. That all ordinances or parts of ordinances otherwise in conflict
with the terms of this Ordinance are hereby repealed; and
SECTION 6. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 16'h day of December, 2019.
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Attest:
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Sudie Gordon, City berk
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Approved:
Joe Loc ood, Mayor
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Deed Book 41 144 Pg 173
EXHIBIT "A"
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All that tract or parcel of land lying and being in Land Lot 341 of the 2nd District, 2"d
Section of Fulton County, Georgia and being more particularly described as follows
Beginning at an iron pin found (rebar) on the northwesterly right of way of
Birmingham Highway (40 foot right of way) at the intersection of said northwesterly
right of way and the northern land lot line of Land Lot 341; running thence along the
northwesterly right of way of Birmingham Highway and following the curvature
thereof 201.33 feet through the arc of a circle with a radius of 1369.51 feet being
subtended by a chord bearing South 39 degrees 46 minutes 53 seconds West a chord
distance of 201.15 feet to a point located on the northwesterly right of way of
Birmingham Highway; continuing thence along said right of way South 43 degrees
59 minutes 35 seconds West a distance of 136.90 feet to an iron pin placed (rebar) on
said right of way; thence departing said right of way and running North 77 degrees 55
minutes 31 seconds West a distance of 196.32 feet to an iron pin placed (rebar);
running thence North 74 degrees 33 minutes 26 seconds West a distance of 451.61
feet to an iron pin placed (rebar); running thence North 74 degrees 33 minutes 26
seconds West a distance of 30.00 feet to a point located at the centerline of a creek;
running thence along the centerline of the creek and following the meanderings
thereof (the centerline of said creek being the true property line) North 42 degrees 15
minutes 16 seconds West a distance of 75.29 feet to a point located at the centerline
of said creek; continuing thence along the centerline of said creek North 30 degrees
22 minutes 22 seconds West a distance of 60.24 feet to a point located at the
centerline of said creek; thence departing the centerline of said creek and running
South 89 degrees 17 minutes 06 seconds East a distance of 15.00 feet to an iron pin
placed (rebar); running thence South 89 degrees 17 minutes 06 seconds East a
distance of 429.58 feet to an iron pin found (rebar) on the northern land lot line of
Land Lot 341; continuing thence along said land lot line and running South 88
degrees 45 minutes 34 seconds East a distance of 138.07 feet to an iron pin found
(rebar) on said land lot line; continuing thence along said land lot line and running
South 88 degrees 48 minutes 20 seconds East a distance of 364.66 feet to an iron pin
found (rebar) at the intersection of said land lot line and the northwesterly right of
way of Birmingham Highway, which is the POINT OF BEGINNrNG, being the same
property as shown on the survey for Edward J. Whittle, prepared by J.A. Evans
Surveying Co., Inc., dated January 12, 2000, which survey is incorporated herein and
made part hereof by reference.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
This petition is approved by the Mayor and City Council for a Use Permit for a
Landscape Business (Sec. 64-1820) 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) An existing 1,845 square foot office, existing 1,332 square foot
barn/structure, and 266 square foot of accessory structures, and a 2,400
square foot pole barn.
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 September 27, 2019, 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 prior to the approval of a
Land Disturbance Permit. 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 abide by the following requirements,
dedication and improvements:
a) Access to the site shall be subject to the approval of City of
Milton Department of Public Works and Georgia Department of
Transportation, prior to the issuance of a 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 of the City of Milton Code of
Ordinances.
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5) To the owner's agreement to abide by the following:
a) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of land
disturbance application if required.
�m
'y NORTHLEACH. LLC
SITE PLAN SUBMITTED - SEPTEMBER 27, 2019
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Exhibit "C"
APPROVED 15-PART CONCURRENT VARIANCE (VC19-03)
1) Sec. 64-416 (c) (1) - To reduce the side building setback from 25 feet to 4 feet on
the south property line to allow the existing barn/storage building to remain.
(VC 19-03, Part 1)
2) Sec. 64-1820 (1) - To allow retail or wholesale sales on the property limited to only
the sale of plants, shrubs, and trees. (VC19-03 Part 2)
3) Sec. 64-1820 (2) - To allow the proposed building to exceed 2,000 square feet and
the total square footage to exceed 5,000 square feet. (VC 19-03, Part 3)
4) Sec. 64-1820 (3) - To allow the design of the proposed 2,400 square foot building
not comply with the Rural Milton Overlay District. (VC19-03, Part 4)
5) Sec. 64-1820 (4) - To delete the 75-foot use area, storage areas, or structure
setback adjacent to the north and south property lines as shown on the site plan
submitted on September 27, 2019. (VC 19-03, Part 5)
6) Sec. 64-1820 (5) - To allow a total of 14 employee parking spaces on the site.
(Part 6)
7) Sec. 64-1820 (7) - To allow Days and Hours of operation including deliveries:
Monday through Friday - 6:30 a.m. to 7:30 p.m. (VC 19-03, Part 7)
8) Sec. 64-1820 (9) - To allow the landscape debris/soil composting area to be
located on the ground. (VC 19-03, Part 8)
9) Sec. 64-1 142 (a) (3) - To delete the requirement of the 50-foot undisturbed buffer
and 10-foot improvement setback adjacent to the north and south property lines
as shown on the site plan submitted on September 27, 2019. (VC19-03, Part 9)
10) Sec. 64-1 142 (b) (2) - To delete the requirement for parking lots to be screened
from view of any public street by a 15-foot-wide landscape strip planted to buffer
standards and replace with the concept landscape plan to include a four -board
equestrian fence as submitted on November 13, 2019 or as approved by the City
Arborist. (VC 19-03, Part 10)
1 1) Sec. 64-1 142 (b) (3) - To allow the dumpster not to have an enclosure. (VC 19-03,
Part 1 1)
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12) Sec. 64-1 142 (g) (3) b.- To allow a 2,400 square foot new building to be located
165 feet from the landscape strip along Birmingham Hwy. (VC 19-03, Part 12)
13)Sec. 64-1 142 (h) (2) a. - To allow none of the following materials to be used on the
new 2,400 square foot building: clapboard siding, brick, and stone.
(VC 19-03, Part 13)
14)Sec. 64-1142 (h)(2) c. - To allow the exterior building walls to be made of metal
panel systems on the new 2,400 square foot building. (VC 19-03, Part 14)
15)Sec. 64-1 142 (h)(4) - To allow no windows on the new 2,400 square foot building.
(VC 19-03, Part 15)
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LANDSCAPE CONCEPT PLAN SUBMITTED NOVEMBER 13, 2019
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