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Home My WebLink AboutORDINANCE NO. 07-08-39ORDINANCE NO.07-08-39 PETITION NO. UP07-001 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR A LANDSCAPING BUSINESS PROPERTY LOCATED AT 15386 BIRMINGHAM HWY (SR 372) (22-4070-04860-27) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 16, 2007 at 7:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, and the official maps established in connection therewith be changed so that the following property located at 15386 Birmingham Hwy (SR 372) (22-4070-04860-27), consisting of a total of approximately 1.94 acres, be allowed a use permit under the AG -1 (Agricultural) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 486 of the 2"d District 2nd Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the use permit as listed in the attached conditions of approval, be approved under the provisions of Section 19.2.3 of the Zoning Ordinance of the City of Milton; and MWO SECTION 3. That the property shall be developed in compliance wit the conditions of low approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 4. That the official maps referred to, on file in the Office of the City Clerk, be changed to conform with the terms of this ordinance; and SECTION 5. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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`" day of August, 2007. Approved: Joe Lockwo-(4,c Attest: ■ow &ette Marchiafava, City Clerk (Seal) CONDITIONS OF APPROVAL UP07-001 15386 Birmingham Highway (SR 372) The Mayor and City Council approved a USE PERMIT for a landscape business (Article 19.4.27.) 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) Landscaping business in the existing structure(s) and one 3,750 square - foot future barn. No modifications will be made to the exterior of the structure(s), other than normal maintenance. b) Total square footage of all structures shall not exceed 5,250 square feet, or a density of 2,706 square feet per acre. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on June 5, 2007. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the approval of a Land Disturbance Permit or Certificate of Occupancy, whichever comes first. 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 site development considerations: a) Reduce the 50' buffer and 10' improvement setback along the east property lines to the extent necessary to allow the existing structure(s) to comply (Part 1 VC07-004). b) Reduce the 50' setback adjacent to AG -1 (Agricultural) along the east property line to the extent necessary for the existing structures to comply (Part 2 VC07-004). c) Reduce the 50' buffer and 10' improvement setback along the west property line to 25 feet beginning at the right-of-way and extending northward along the west property line to a point adjacent to the existing cross -tie wall and to the extent necessary to allow the existing "' structures to comply (Part 1 VC07-004) d) No more than one (1) exit/entrance on Birmingham Highway. Curb cut location and alignment are subject to the approval of the Milton Traffic Engineer. e) The site will be limited to 4 (four) work vehicles; does not include office staff. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Reserve Right of Way necessary along the following roadways, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide for compliance with the Transportation Master Plan and the adjacent developments, according to the definitions in the newly established Right of Way Ordinance. b) Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights- of-way, and dedicate at no cost to the City of Milton such additional right -or -way as may be required to: (i) Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. (ii) Provide 20 -foot Milton Trail easement along Birmingham Highway (SR 372), outside of the required Landscaping Strip. (iii) Pay into sidewalk fund rather than install sidewalk across frontage as this phase of the Milton Trail is scheduled in Long Range. c) Driveway entrances and roads shall meet the Community Service Policies and AASHTO guidelines: i) Remove and replace existing fence 10 feet farther from Birmingham Highway (SR 372) for sight visibility. Remove trees from frontage of property to provide proper line of sight visibility. am 5) To the owner's agreement to abide by the following: a) The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application (should greater than 5000 square feet be disturbed), that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre -development Am" conditions. Locations shall be as approved by the Stormwater Engineer. b) The proposed development shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/Building Permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. A maintenance agreement is required to be recorded for such item used. c) Septic tank to be pumped out prior to Certificate of Occupancy. d) Exterior bulk storage areas shall be protected from erosion and detailed on the Building Permit/Land Disturbance Plan. 77 Legal Description All ha ract or parcel of land lying and being in land lot 486 of the 2nd District, 2nd Section, Fulton County, Georgia and being more particularly described as follows: ON" Beginning at a point located on the northwest right of way of Birmingham -Roswell Highway, AKA S.R. 372, (A 40 foot right-of-way), said point being 430.4 feet from the intersection of said Birmingham -Roswell Highway and the west land lot line of Land Lot 486, said point being the true point of beginning, running thence north 33 degrees 45 minutes 00 seconds west a distance of 624.40 feet to a point located on the northwest corner of Land Lot 486 running thence along the north Land Lot line of Land Lot 486 south 89 degrees 40 minutes 41 seconds east a distance of 230.10 feet to an iron pin found on the north Land Lot line of Land Lot 486, leaving said land lot line and running thence south 23 degrees 24 minutes 10 seconds east a distance of 504.39 feet to an iron pin found on the northwest right of way of Birmingham -Roswell Highway, running thence along said right of way south 56 degrees 38 minutes 56 seconds west a distance of 100.00 feet to a point and the true point of beginning. 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