HomeMy WebLinkAboutORDINANCE NO. 08-11-31ORDINANCE NO. 08-11-31
PETITION NO. U08-06
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR A LANDSCAPING BUISNIESS
(ARTICLE 19.4.27), PROPERTY LOCATED AT 13365 ARNOLD MILL ROAD (SR 140)
(22 -3480-0945-066-6)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 17, 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 13365
Arnold Mill Road (SR 140), consisting of a total of approximately 3.75 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 945 of the 2nd District 2nd Section,
City of Milton, Fulton County, Georgia by the attached survey; 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
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ordinance are hereby repealed; and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 17`" day of November, 2008.
Attest:
Je tte Marchifava, City Clerk
(Seal)
Approved:
Joe Lockwo ayor
CONDITIONS OF APPROVAL
U08-06
13365 Arnold Mill Road
If this petition is approved by the Mayor and City Council, it should be approved
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) Wholesale wood chip mulch business, delivery only
within the existing house and pole barn at a density of 1,200
square feet per acre or 4,500 square feet which ever is less.
2) To the owner's agreement to abide by the following:
a) To the site plan received by the Milton Community Development
Department on September 4, 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 abide by the following development
standards:
a) To relocate the storage bin that is closest to Arnold Mill
Road 15 feet away from Arnold Mill so as it isn't viewed from
the right-of-way.
b) To maximize the screening of the mulch bins, evergreen
plantings, as approved by the City Arborist, shall occur within
the grass island between the bins and the existing house.
c) Hours of operation shall be 7:30 a.m to 5:00 pm., Monday
through Friday.
d) To provide gravel parking.
e) No night lighting except for existing security lighting on the
buildings
f) No overnight tractor -trailer parking.
4) To the owner's agreement to abide by the following requirements,
dedication and improvements:
a) No more than one (1) exit/entrance on Arnold Mill Road (SR 140).
Curb cut location and alignment are subject to the approval of
the Milton Traffic Engineer and the Georgia Department of
Transportation.
b) 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.
c) 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/edge of pavement 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.
d) Driveway entrance shall meet the Public Works Department
Policies and AASHTO guidelines.
e) Provide turn lanes as required by the Georgia Department of
Transportation.
5) To the owner's agreement to abide by the following:
a) The developer's Professional Engineer shall demonstrate to
PON the City by engineering analysis submitted with the LDP
application (should greater than 5000 square feet be
l'"" 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
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.
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