HomeMy WebLinkAboutORDINANCE NO. 08-06-16ORDINANCE NO. 08-06-16
PETITION NO. ZM08-04
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO MODIFY CONDITIONS) OF A RESOLUTION BY THE
FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION
96Z-127 ON APRIL 2,1997, PROPERTY LOCATED AT 5304 WINDWARD
CONSISTING OF APPROXIMATELY 2.324 ACRES
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on June 16, 2008 at 6:00 p.m. as follows:
SECTION 1. That the condition of a resolution by the Fulton County Board of
Commissioners, approved on April 2, 1997, for petition 96Z-127 that approved a zoning
to C-1 (Community Business) property located at 5304 Windward Parkway within Land
Lot 1120, 2"d District 2"d Section, consisting of a total of approximately 2.324 acres,
attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1120 of the 2"d District
2nd Section, Fulton County, Georgia by the attached legal description; and
SECTION 2. That the property shall be developed in compliance with the
conditions of 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 3. That all ordinances or part of ordinances in conflict with the terms
of this ordinance are hereby repealed; and
SECTION 4. 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 June, 2008.
Attest:
pop"
Je�Marchiafava�,�City Clerk
Approved:
Joe Lockwood a r
CONDITIONS OF APPROVAL
ZM08-04
5304 Windward Parkway
The City of Milton Mayor and City Council approved the modification of the condition
#am of Z96-127 with the regard to the above referenced property zoned C-1 (Community
Business). Zoning Modification petition ZM08-004 was approved by the Mayor and City
Council at the June 16, 2008 hearing, subject to the following conditions:
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Community Development Department on
May 8, 2008. 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. Said site plan shall govern the
density at a total of 61, 365 square feet. Unless otherwise noted herein,
compliance with all conditions shall be in place prior to the issuance of
the first Certificate of Occupancy. (ZM08-04)
rm=9
LEGAL. D SC R[PTTON
ALL THAT -RACT OR PARCEL OF LAND LYING iN AND BEING IN LAND LOT 1920 OF TK 2ND
DISTRICT, 2NU SECTION, CITY OF MILTON, FUL I ON COUNTY, GEORGIA AND 4E NG MORE
FARrIGULARILY DESCRIBED AS T=OLLMV&
COMMENCIMG AT A POINT FOUND AT THE CORNIER COMMON TO LAND LOTS 1113, 1114, 1114
AND 1120, THUNCE LEAVING SAID CORNER ANn CONTINI,11Nr ALCsNO T-1 LAND LOT uN
COMMON TO LAND LOTS 1114 AND 1111# ROUTH RA DFGRFES 18 MINJTES 43 SECONDS FAST A
DISTANCE OF 10117 FFrT Tn A POINT, THENCE LEAVING SAID LAND CDT LIKE SLOTH 03
DEGREES 21 MINUTES " SFCONGS EAST A DISTANCE OF 258,44 FEET TO A POINT; THENCE
InttTil R9 DFG FFR 15 MINUTES 51 SECONDS W ST A DISTANCE 31.89 FEET TO A POINT;
THFNC;F SOI)T-I 00 DEGREES 44 M VUTES 09 S'FCONDS EAST A DISTANCE OF 402.25 FEET TO A
POINT: THENCE 504TH 23 aFGRFES 48 MINUTES W SECONDS WEST A DISTANCE OF 10.86 FELT
TO A PON T; THENCE SOUTH 26 DEGREES 18 MINUTES OT :SFGCNDS )ASST A OISTANCC Or 435.81
FLET TO A POI YT ON THE NoRTHEASTERLY RIGHT CF WAY OF MNDWATID r'An<-NAY (IiNANGi A
VARIARLF %%gtlTH RIGHT OF WAY,, THIwNGIF CONPNUING ALONC r.AID RIG17 OF WAY THE
FOLLOWINC. COURSES AND 01STANCEu: NORTH 38 DECREES 07 MINUTES 23 SECONDS WEST A
DISTANCE Or 54.41) FF[T TO A PON r. NORTH 58 D=CaRFFS 04 MINUTES Ul SECONDS "I ST Al
DISTANCE or 01.10 FEET "TO In' P.EBAR SFT, SAID REBAR BEING TrE -RUE POINT OF
DCGINNINC
THENCE E CONT NVING ALONG SAID RIC: HT OF WAY THF FOLLOWING CUWtIStS AND DISTANCES:
NORTH 59 DFGRFES 04 MMUTES at SECONDS WEST A DISTANCE OF 3.8€ FFtT TOA 12' REBAR
:FT; NORTH 82 DEGREES 52 MINUTES 11 SECONDS WEA I A UISTAKE OF 47.47 FEETTO A V2"
REBAR SET; SOUTH 34 DEGREES 33 MIN117tS 20 SECONL34 WEST A DISTANCE OF 10.50 FEET TO
A VZ' REBAR SET; ALONG A CLlkv_ Ia 1 H RIGHT SAID CURVE HAVING A. RADIUS OF 1453.68
rtt I; WI i H AN .ARG iEAIGTI OF 199.0 FFET, WITH A CiORD BEARING OF NORTH 51 DEGREES
43 M"NUTES 48 SECONDS WEST AN D A CHORD LENGTH OF 18930 FEET TO A 10 REBAR FOUND:
NORTH 42 DEGREES 15 MINLTE.S 28 SECONDS EAST A DISTANCE OF 22.34 FEET TO A 117, REBAR
SET: NORTH 41 DtGREES 16 MINUTES 25 SECONDS WEST A DISTANCE OF .2.74 FEET TO A 10
REBAR SE'T SOUTH 43 DEGREES 11 MINUTES 43 SECONDS WEST A D STANCE OF 22.50 FEET TO
A, 1!2" REBAR SET: ALONG A MRVE TO THE RIGHT SAID CURVE RAVING A RADIUS CF 2701,11
FEET, WITH AN ARC LENGTH OF 124.82 FEET, WITH A CHORD BEARING OF NORTH "f)FGRFFS
58 KNLITES 00 SECONDS b'WESTAND A CHORD L.E'NGTH OF 124$1 FEET TO A I17' RrRAR FnA,iNn-
NORTH 48,EGREES 30 MINL TES 55 SECONDS ONDS EAST.A DISTANCE OF 12.w FFFTTn A 7,2" RERAR
FOUND: NORTH 40 DEGRE.FS 13 MINUTFSM SECONDS WEST A E,ISTANCF OF 68.55 FEET TO A
1,2" REBAR FOUND: 1"'HFNC F I FAVIJCw SAID RIGHT OF WAY NORTH 89 DEGREES 15 MINUTES 51
SECONDS FAST A 'SISTANCE OF 653.47 FEET TO A I a' REBAR SET TI -EN IL A,LCNG A CURVE TO
THE. RInAT SAIn C:I.IRVE HAVING A RADIUS OF 18.00 FEET, WITH AN ARC LENGTH OF 32,72 FEET,
tN1Tt- A €;HORn REARING Of SOUTH 04 DFGRFES til VIINUTES M SECONDS WEST AND A CHORD
I FNC;TH OF 31.61 FELT TO A 1,a' RFBAR SET; THENC£ SOUTH 26 DEGREES 23 MINUTES 1s
SECONDS WEST A DISTANCF OF 140,28 FEET TO A 112' R:7RAR SET; THIENC E ALONG A CJRYL'
TO TI IL RICHT SAID CURVE HAVING A RADIUS OF 66 06 FEET, WI I I1 AN ARS.: 1.,-NG'TH OF 23.00
FEET. WITH A CHORD BEAR1N0 OF SOUTH 38 DEGREES 38 MINUTES 12 GFCONDS WEST AND A
CHORD IFNGTH OF 22.75 FEET TO A 10 REakR BE L THENCE SOUTI145 DEGREES 30 MINUTES
I t &ECIONDS WIL ST A 310TANCE OF 1Otol FEET T: O A IM' REBAR SET ON THE NORTHEA,STEF:LY
ftIQ-II' Of WAY Or Allt-D'WAND PARr4WAY. $N -D REBAR SET SEING TH= TRUE POINT UI^
DZGINNING,
SAID TRACT OR PARCEL OF LAND CONTAINS 2.324 ACRES