The URL can be used to link to this page

Home My WebLink AboutORDINANCE NO. 08-09-27ORDINANCE NO. 08-09-27 PETITION NO. U08-05NC08-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ALLOW A USE PERMIT FOR A CEMETERY AND A CONCURRENT VARIANCE, PROPERTY LOCATED AT 1150 BIRMINGHAM ROAD BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 15, 2008 at 6:00 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 1105 Birmingham Road (22-4220-0381-009-0), consisting of a total of approximately 17.313 acres, be allowed a use permit for a Cemetery 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 381 of the 2"d District 2nd Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the use permit and zoning classification as listed in the attached tow conditions of approval, be approved under the provisions of Article 19.2.3.of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance wit 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 15`h day of September, 2008. Approved: i Joe Lockw "layor Attest: Je tte Marchiafava, City Clerk U08-05/VC08-05 1150 Birmingham Road RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be approved USE PERMIT for a Cemetery (Article 19.4.9.) 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) A green cemetery in accordance with the Green Burial Council guidelines. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Milton Community Development Department on July 1, 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. 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) Burial sites must remain 85' from all property lines. b) The site plan must provide adequate access and turn around; as acceptable to the Milton Public Works Director and Fire Marshal. c) Access from property to Birmingham Road shall meet Milton standards. If access is needed from adjacent property owners, the ingress/egress utility easement shall require Public Works approval and necessary permanent sidewalk easements may be required for such case. d) No outdoor lighting permitted. f) All identified specimen trees on plan be preserved. g) No permanent enclosed buildings permitted. h) No raised individual headstones. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a. 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 Right of Way for the approved final site plan including the following: i. Provide at least 33 feet of right-of-way from the edge of pavement, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved or as approved by the Director of Public Works. ii. Provide 10 foot wide multi -use path along the entire Birmingham Road frontage of the property located zero feet from the Right of Way line and no less than 23 feet behind the back of curb or as approved by the Director of Public Works. am" iii. Provide 10 foot wide multi -use path along the entire frontage of bow 50' wide ingress/egress, utility, permanent sidewalk easement immediately to the west of the property, as approved by the Director of Public Works. iv. Provide a white or black four -board equestrian style fence 3 feet behind the right-of-way and adjacent to the sidewalk/trail or as approved by the Director of Public Works. b. Driveway including apron length, driveway width, and grass parking shoulder material shall meet the Community Service Policies and AASHTO guidelines, or as approved by the Director of Public Works 7" 1 t� i I IS IEEE SITE PLAN RECEIVED JULY 1, 2008 acoa. as m' ra LMaD a: IWASM a: ASSOG. MC. OMMOELOW-]BETON CONSMATMN Dun"� MAR tlIIACx1O 3 o'crak 7 Q49., W MIM M 3M 3 ax o: rz� r1 IMI Hemy I SM n: M. 6 Q SfAI[ MFAARO� G1R'.MR K 700 QUIL—�9LKT SITE PLAN RECEIVED JULY 1, 2008 Specimen Trees 0 .r.. ..awe •• 77, �6 h ` r 4eS3'bxx # x S d �iih$i 11 ra 1$3+ 46, lI Y� + S r r z x j••gene .. 1 s f j s Specimen Trees 0 LEUAL D SCRTPTTON, 17,313 :ACRES All thus truct or parcol of Inud 1Z.iuv- and being located ii - 1 -,tint Lots 3111 u.iJ. 362, Distrki. , S-c0ion'11, Fulton County. Gtorgia, within Jim. City of At ltr�:n, And being 110- -,e particu'arlr RKgiv lagn .tt all iwn pin Iinun i t13:11 L) at the northnrest corner rifT.artd 14>1 382, 5ttrd comcr bcinq the €otrntnrt primer of T,inA IA' , 339, 140, +8l , lard 382; TTTr'Tf.P. ` (Ith. S8 CUgMCS a l minutes 44 seconds East frit a di3t9rt".r of IW.72 feet clung Lhe north line of Land. I at '192 u; a.n imn pin fnund (1. ` 'I'Hl--V(:h leavirlio said r Orth lints af'L.and Lot 352. Satoh tai &-gmcs 2Ct miautes C17 seccads West lrar ar diatanco of R6,55 feet to an imn pin found (31=1" TI l FN CI -' Sttulh 00 Coj9CGs 01 minutes 45 seconds We,.R for a dktatnce of 300.03 feet tU an iron pin found (.'A" G17); TTTFNC"E South 33 eq=cs 11 minutes In seconds Wesco for a distance of 1219.90 Feet W an irctn pin ,,^ (I " R, -R); TT -TI N(.,E- South' -14 cgim 47 IIIJU1,11US, 10 SOLO S WU':,t. ft)r a"2 distance of 119-90 Vml Ect tug iron pin frame, (.31A' 0.'T): `1'F%LNCE North 89 4 e[,reet 21) minutes 1 s; cnnas Wa' ,T.. for t di!owux til' 111.43 feet tri an iron pit? sca (V2" RIB) on the Fest l izte ,^•t' f .a n 3 T .srl 3 ft2; 'fUNCE Coutin6up, North gn elegmes 20 mirutcs I.; gcecr-0.3 V,"etw for a clistttnw of Imo' IA.' to an stun pin found (3:4' C1,''i'), I IILKCL Suerlla t)? degrees 41 rninutcs ,^ s.xnrtdc WC, -,t. frr a lista nu of 30f.04 feet 10 all uUu 171rr fiuulc (I" C 'T) tm the llorth richt of vay tine at1"Birmita loan Roan fa tiG1"W71, 11II NCE' Norib 99 tegrees 39 minedem 42 F,?.,cmIdF- WChr. f,Nr 4 disttttncof 110.68 feet along The north right of wky line of Dirtrinoxim Road (a 60' RIW) to a point; TIR-KC 17, South 99 dogrccs ,75 rn4mres 41 s,:,wnl's Wcsn fvr a distance of 169.32 feet along tht nort.lr tikhl u(way line, of Rinnin6ham Road tc an imn put set (li R. -D): TITlt:hTC,T I: aving uid txrrth r ghl oC as'tay line of liirn-d of hm-n Road, : otth 03 degrees 32 minutes, 03 sezond, 'West tart a. dieUncr of 360.96 fret to an iron pin t e. (1-,71 Tir'li); THFNC,F Sotuh 59 degree': 2? anintrtes 57 Seconds West. Cor nt distinct- of 015.2:4 f to an imn pin sit 1 IQ" It., t3 t. T1TT;NC:L North 00 c-lcgrccs 32 lnLwtcs 03 seconds West fo: a distancr of 135.86 beet lu un imn pin sv. (1 12" R'B); IIIENC E South 99 &-grLcf. y? minalci =.7 szconds Wcst for a C,:t;"nttra,,;Y'IGC tYg'L�,�cuvurfsQg.,ui5rnl acre lestl.Jw 1i08`05NC08`05 LJ distw, c,:, q, -4X07 feet to in iron pin suL -'2" R13); TTYNCE'Sorth 0 dogmcs,211 mlxlutc4 21 seconds East tbr a distmze of 468.52 f�L LU an iron pin fmind (I'" C,T'i (in the narth rinc of hand U4 381 Il IENCE, No -Lb 88 deRtecs 55 minute 36 sevunds Fabi Ycr a distant_ a'4129,2Ci fwt alae the no. -ch I! w, of Land Lot 381 10 an iron pin set t1:7- RIB), THENCE --ortiludng :Nardi 89 degrzes 55 minutts, 56 secomir, T.and Lm 381 to an. iron pin found k nlfl and the point of ln.inti iiz. Tagethcr'Mith and svjlpct to covc�nant!, and mOrictiom of record. Said pmqierty comains 173 ) I I acmes and is move fully qhmvnl-)n a Bomidary and Spceiincri Trze Survey for Ix-filton Comervation Buiia,], by Brumbelow-Rede and A.mociutci, T-ic...dated June 24, 200IS: bearim, their 'ob number 2008-095, and lNeim, ident.tici a, 7- aaz-!-:gaU4o--