HomeMy WebLinkAboutOrdinances 21-08-484 - 08/02/2021ORDINANCE NO. 21-08-484
PETITION NO. U21-01/VC21-03
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A USE PERMIT FOR AGRICULTURAL RELATED ACTIVITIES
(SEC. 64-1797) ON 18.027 ACRES LOCATED AT 2105 BETHANY WAY AND A
CONCURRENT VARIANCE
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on August 2, 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 2105 Bethany Way consisting of a total of 18.027 acres,
as described in the legal description attached hereto as Exhibit "A", be approved
subject to the Conditions of Approval described in Exhibit "B"; and
SECTION 2. That the Use Permit approved hereby is subject to the provisions
of Sec. 64-1797 of the Zoning Ordinance of the City of Milton; and
' SECTION 3. That the Concurrent Variance (VC21-03) 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 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with the terms of this Ordinance are hereby repealed; and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 2na day of August 2021.
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Approved:
Joe I�Avoogl
Mayor
pteull
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PFAJ REVOCABLE TRUST
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EMIBPP we
Property Offacription
All that trod of parcel Of and lying at borg n Land la $92 2"' Osb+ci. 2`D
Section, Fulton County. George and being more particutarty, deserted as
Wow*
ComnlanCOV at a 12-inch rebwf found at the r4efsection of the soumem right -of.
way Of Beatany Way (aC r1910-0f-way) wan Phi westem robe-of-Mvy of Hopewell
Road (80' rght-oRw . Thence along sad right-of-w" of Bethany Road the
folowng courses and rsstanoas Soutt 86 degrees 34 minubs 42 seconds West
a detanbe of 130 30 toot to a pant South a6 067M 59 fnflutts 36 wcabs
Wei s defenq 00 115 49 %M to a 12-ir-cis roper found, raid t 2-arch reber buro
berg the TRUE POINT OF "GINNING, 'harhoe MwY41g said nght-of•wwy. South
30 degrees 12 minutes 2S seconds Eat: a distana of 3056 het to a 12-rich
robar fowl: Thera South 16 depreea 36 minutes 21 seconds coast a distance of
77 46 AW to a 1/2 inch relief found. Thania SOVP 13 de9reee 17 fnntAes 17
seconds Vfhst a distance of 93 77 feel to a pan. Thence South 05 degrees 04
rrlf Ass 01 e00onds Want a distance of 4 01 feel to a 112-inch rebef found. Thence
North 88 degfeee 36 rnnv%$ f $ s4 condo East a dsUwvo cf 2f 6 34 Adel to a 1n-
,nch rebr found, Tnarce South 01 degreee 22 niinvbs 41 seconds East a
distance of 172.31 feat fo a 112+n4ch mbr fend; rhemoo South 50 degrees 41
111M s 4d eecorlds Eau a distance Of 79 95 Net toe t 2-r(ch reloaf found. thence
North 65 degrap 33 (►rubs 26 seconds Eau a dtuance of a7 36 coat to a 112-
inch mbar found; Thence South 63 degreee 54 minvfes 20 seconds East a
distance of 123.27 fait to a 112 inch rob, fond on the westem (qht-ofM sy of
1100ewet Road Thence OWV 6a0 nghtaf-wary the falowng courses and
drstancin. S"h 13 dagroes 06 mridtaa 29 seconds East a distance 0f 46 36 bet
to If 1-nch down WN POO fend. South 08 degrees 56 rnnutes 27 $*con*$ East
A dlet&N* of 150 19 het to a 12-inch rabor found Soue+ 03 degrees 37 minutes
55 seconds East a distance of 16023 feet to a 1-IM4,,ch open lopo ppe found,
Thence sewing said r9sw way North 69 degrees St "fines 05 seconds West
■ drstanee of 273 71 Net 10 a Sot-nch rebw set. Therxs South 00 degrees 11
minute. 31 a ftdb Chi a ~w" of h f el t feel Ifi a We ~ robe, fief. Thanes
Nodh 89 degrees 26 rnn,Aes 55 second. wim t s dietartoe d 433 9 t toot too 12-
nrh r.rhwr MM, Twenr9 S!h•.M, 49 deproes 52 nrwtwa 29 aeunaa 1NwW •
dirtrae of 122 96 feet to a 112,nch rebar found Thanoe North 69 degees 44
mri ins, 07 seconds We91 a dislanoe of 25 24 fast to a 12-fxr+ robe buro.
Theriot North 89 degrees 58 mnuYfi 57 eecords West a distarce of 221 29 few
10 a 12+1ch repro found. Thence Nonh 07 degrees 49 minutes 04 swoonds EON
a distance of 479 26 foil to a 12•r0h ropy fow)d. Thrroe NOM 37 degrees 12
minules 52 seconds East a Ostara of If 7 86 bet to a 12-rich reps found.
7114010e North 01 degrees 39 nmubs 43 seconds West a defence of 196 53 feet
to a 12-inch (Ober found an Ina soulhan robe ol�aay Ana of Bethany way Thence
Al" sat rightvf-coy of BOC-any Way the falo- w courses and dsi antes along
a cure to the nght hilm"g a radius of 6692 77 feet and an arc "th of 200 01
few. few. twng sub4onded by a chord besrng of Norm as 0e9feas
coy Gf ww,r,
con"ft sy t)av44i W' , .
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' seconds East for a distance of 200 00 Nat to a ZD•rxn rebar set. Nona 69
dapro% 31 minutes 54 seconds East a distance of 26.67 tact to a PK nail W.
along a curve to the right havnp a reOve of 222600 feet and an arc gnpth of
16500 feat. being subtended by a chord Deanne of North TO dap►aw 35 mrvws
55 scads East for a "tar" of 1S4 97 feat to a pare. atone a curve to Te rphf
he" a radius of 904 74 feel and an arc iength of 205 43 feet beep subtended
by a chord bearYq of North 79 d"mes 06 mrwtes 47 sacoMs Ent for a dntssnce
of 204 96 teat to a 10-run robar found. said 1 r2 inch rebar found beep the TRUE
POINT Of BE( NNINC
Said tract of land contains IS 027 Acres
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EXHIBIT'B"
CONDITIONS OF APPROVAL
This petition is approved by the Mayor and City Council for a Use Permit for an
Agricultural Related Activities (Sec 64-1797) 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) Agricultural Related Activities Including summer and other school children
school break camps, parties age 14 and under, ag(cultural/farm/equine-
based educational activities, farm tours, and limited farm animal petting
excluding the following; exotic animals, zoo animals, kennels, for profit
horse shows, overnight camps or events, and on 18.027 acres.
2) To the owner's agreement to abide by the following:
a) Substantial compliance with the revised Site Plan received by the
Community Development Department on May 25, 2021, 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.
b) Remove the proposed 8,000 square foot future winery and tasting room
structure from the revised Site Plan received by the Community
Development Department on May 21, 2021.
3) To the owner's agreement to the following use requirements:
a) Days and hours of Agricultural Related Activities shall be the following:
i. Monday through Wednesday, 8:00 a.m. to 8:00 p.m.
ii. Thursday through Sunday, 9:00 a.m. to 7:00 p.m. but
' must conclude prior to the opening of the wine tasting
room.
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' b) There shall be no more than a total of 25 attendees per day, Monday
through Friday and no more than a total of 50 attendees on Saturday
and Sunday for the Agricultural Related Activities.
c) Maximum sound of all music shall not exceed 45 db(A) measured at
the property lines.
4) To the owner's agreement to the following site development considerations:
a) Provide adequate temporary bathroom facilities, including
handicapped accessible until which time permanent bathroom
facilities can be provided. Said facilities shall be located at least 100
feet from any property line and out of view from Bethany Way or
Hopewell Road.
b) Trash receptacles shall be located at least 100 feet from any property
line.
5) To the owner's agreement to abide by the following requirements,
dedication and improvements:
' a) Access to the site and frontage improvements shall be subject to the
approval of City of Milton Department of Public Works, prior to the
issuance of a Business License, 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 and Chapter 64 Zoning of the City
of Milton Code of Ordinances.
b) If at such time the Director of Public Works determines that the traffic
generated by the site impacts the operations of Bethany Way or
Hopewell Road, he/she may require the owner to conduct a traffic
study to determine if the development warrants any additional
improvements at no cost to the city. If improvements are determined
to be warranted, owner shall install those at no cost to the city.
c) A stormwater management concept plan shall be submitted and
approved by Milton Public Works Department prior to submission of
land disturbance application if required.
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I
3
REVISED SITE PLAN SUBMITTED - MAY 25, 2021
C;
I
I!
I
I PAMELOT AND PANTED
THE PFAI
'
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HORS=WINERY _o_
REVOCABLE TRUST
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' EXHIBIT "C"
a) Allow the existing parking areas to only include the three (3) existing
handicapped spaces, the row of eight (8) parking spaces adjacent to
Bethany Way, the six (6) existing parking spaces located between the two
riding arenas and the row of 13 parking spaces along the north property
line adjacent to 13780 Hopewell Road, wood pavilion, horse arenas, and
driveways within the 100-foot activity setback (Sec. 64-1797 (d)) (VC21-03,
Part 1).
b) Allow the existing structures housing animals and agricultural equipment,
feed or related stored items to be located within 100 feet of a property
line (Sec. 64-1797 (e)) (VC21-03, Part 2).
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