HomeMy WebLinkAboutORDINANCE NO. 07-11-59STATE OF GEORGIA
ow, COI.1NTY OF FULTON
ORDINANCE NO. 07-11-59
PETITION NO. U07-005
AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR A CHURCH,
PROPERTY LOCATED AT 13660 NEW PROVIDENCE ROAD
(22 -3540-0875-028-8,22 -3530-0854-005-3,22 -3470-0855-016-1)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 15, 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 13660 New
Providence Road consisting of a total of approximately 85.07 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 Lots 803, 854-856, 874-876 of the 2nd 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
Now SECTION 3. That the property shall be developed in compliance wit the conditions of approval
1, as allached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize
inn 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are Hereby repealed; and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
Coiincil and the signature of approval of the Mayor.
ORDAINED this 15'h day of November, 2007.
Attest:
e R. Marchaifava, City Clerk
L.W (Seal)
Approved:
Joe Lockwood, Ma
CONDITIONS OF APPROVAL
U07-005
13660 New Providence Road
The Mayor and City Council approved a USE PERMIT for a church (Article 19.4.10.)
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) Church and accessory uses for a total of 70,185 square feet.
b) Restrict the number of church members to 375
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Milton Community Development
Department on September 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. 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 owners agreement to the following site development considerations:
a) No more than 1 exit/entrance on New Providence Road. Curb cut
location and alignment are subject to the approval of the City of
Milton Traffic Engineer.
4. To the owners agreement to abide by the following requirements, dedication
and improvements:
a) Dedicate at no cost to the City of Milton along the entire property
frontage, prior to the approval of a Land Disturbance Permit,
sufficient land as necessary to provide the following rights-of-way,
and dedicate at no cost to the City of Milton such additional right-
of-way as may be required to provide at least 10.5 feet of right-of-
way from the back of curb of all abutting road improvements, as
well as allow the necessary construction easements while the rights-
of-way are being improved:
30 feet from the centerline of New Providence Road.
b) Improve New Providence Road along the entire property frontage
with curb and gutter per the City of Milton Standards or as may be
approved by the City of Milton Traffic Engineer.
c) Provide a deceleration lane for each project entrance or as may
be required by the City of Milton Traffic Engineer.
d) Provide a left turn lane for each project entrance or as may be
required by the City of Milton Traffic Engineer.
e) Provide traffic control at the project entrance on New Providence
Road at the time when 50 cars depart at one time from the
property.
5. To the owners agreement to abide by the following:
a) Prior to submitting the application for a LDP with the Department
Community Development, arrange to meet with the City of Milton
Traffic Engineer. A signed copy of the results of these meetings will
be required to be submitted along with the application for a Land
Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site
evaluation of existing specimen trees/stands, buffers, and tree
protection zones within the property boundaries with the City of
Milton Arborist. A signed copy of the results of these meetings will
required to be submitted along with the application for an LDP.
C. To maintain as a minimum, the tree density requirements as
prescribed by the City of Milton Tree Preservation Ordinance
Administrative Guidelines, either through the retention of existing
trees, or tree replacement, in perpetuity.
d. At the time of submittal for a Land Disturbance Permit and after the
approval of the Preliminary Plat, the engineer/developer is required
to provide written documentation verifying on-site evaluation and
any other necessary downstream constraints.
e. Provide documentation (cross-section, profile, etc.) as to the
existing conditions for all natural streams/creeks within the boundary
of the project. Show, by documentation, the appropriate erosion
protection of the Stormwater conveyance system.
f. The developer/engineer is responsible to demonstrate to the
City by engineering analysis, that the developed land use
(proposed development). Stormwater runoff conditions are
controlled at the maximum pre -developed land use level, so that
downstream properties/conveyance systems are not impacted or
aggravates existing flooding/drainage nor creates new
drainage/flooding problems off-site.
g. Upon receiving zoning, rezoning or a special use approval from the
City and prior to submitting for a LDP, the developer/engineer shall
contact and submit to the Stormwater Engineer a Stormwater
concept plan. The Stormwater concept plan shall be a preliminary
drawing describing the proposed location of storage facilities,
discharge path of storage facilities, downstream and upstream
constraints and other matters with potential Stormwater
implementations. The Stormwater concept plan shall be submitted
to the City when the design engineer determines the preliminary
location, type of Stormwater facilities or at approximately 35%
completion.
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