HomeMy WebLinkAboutOrdinances 21-05-478 - 05/10/2021' ORDINANCE NO.21-05-478
PETITION NO. RZ21-04/VC21-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A REZONING FROM CUP (COMMUNITY UNIT PLAN) TO
AG-1 (AGRICULTURAL) ON 10.8 ACRES LOCATED AT
13555 BLAKMARAL LANE AND A CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on May 10, 2021 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 13555 Blakmaral Lane consisting of a total of 10.8
acres, as described in the legal description attached hereto as Exhibit "A", be
approved for a single-family residence subject to the Conditions of Approval
described in Exhibit "B"; and
SECTION 2. That the rezoning to AG-1 (Agricultural) approved hereby is
' subject to the provisions of Article VI, Division 2 of the Zoning Ordinance of the City
of Milton; and
SECTION 3. That the Concurrent Variance (VC21-02) 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 or other zoning regulations other than as authorized by the
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with the terms of this Ordinance are hereby repealed; and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 loth day of May 2021.
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RZ21-04/VC21-02
Approved:
Joe Lock d, Mayor
Attest:
Ta�it,C
(Sea
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RZ 21-04
VC 21-OZ
Exhibit "A"
All that tract or parcel of land I,ing and being in Land Lots 878 and 923. Fulton County, Georgia,
being shown as Lot 6 on a minor subdivision plat prepared by Zachary R. Garrett, Georgia RLS
$03169, dated March I, 2019, and more particularly described as follows;
Beginning at u point located at the Intersection of the property line common to properties addressed
as 13545 Blakmaral Lane and 13555 Blakmaral Lane with the northerly rightof-wav margin of the
cul-de-sac of Blakmaral Lane, said point being the Print of Beginning;
Thence along said northerly right-of-way margin of Blakmaral Lane along a curve to the left, said
curse having a radius of 50.00 feet and being subtended by a chord of N 36040'20"W, 40.32 feet;
thence leaving the northern right-of-way margin of Blakmaral Lane N 76036'55"E, 15.00 feet,
thence N 5003TWE, 78.25 feet, thence N 27052'52"E, 133.10, thence N 22021127"E, 169.85 feet.
thence N 73-W'44"W, 91.19 feet, N 45e16'09"W, 64.81 feet, N 81-12'W%97.54 feet, thence S
68028'12"W, 355.14 liet, thence N 23002'50"W, 38021, thence N 77-38'32"E, 375.29 feel, thence N
79-38'05"F., 604.96 feet, thence S 24e51'34"E, 296.92 feet, thence S 10035106"W, 374.12 feet, (beam
S 83°47'54"W, 148.99 feet, thence S 59e29'30"W, 396.34 feet to the Point of Beginning;
Said tract containing 470,519 square feet, (10A02 ACRES);
END OF DESCRIPTION.
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RZ21-04/VC21-02
EXHIBIT "B"
CONDITIONS OF APPROVAL
Property located at 13555 Blakmaral Lane is approved for AG-1 (Agricultural)
CONDITIONAL 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) Single family detached dwelling and accessory uses and structures.
b) No more than 1 dwelling unit at a maximum density of .092 unit per acre,
whichever is less, based on the total acreage zoned.
c) A winery with customer visits and purchase of wine by appointment only with
a maximum of 5 appointments per day with a maximum number of
customers of 10 persons at any time with hours of operation from 9 a.m. to 6
p.m.
d) Uses pursuant to Sec. 64-415- Use Regulations of the AG-1 (Agricultural)
District.
e) Uses allowed by administrative or use permit pursuant to Article IX of Chapter
64.
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 January 28, 2021, 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
rezoning. 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.
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RZ21-04/VC21-02
SITE PLAN SUBMITTED — JANUARY 28, 2021
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RZ21-04/VC21-02
EXHIBIT "C"
APPROVED CONCURRENT VARIANCE (VC21-02)
a) Sec. 64-416(i) _To allow the existing structure to be located in the front yard.
(VC21-02)
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RZ21-04/ VC 21-02