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Home My WebLink AboutORDINANCE NO 10-04-62no" ORDINANCE NO. 10-04-62 PETITION NO. U09-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR AN ANTENNA TOWER, AND ASSOCIATED STRUCTURE, TO EXCEED THE DISTRICT HEIGHT (ARTICLE 19.4.7), PROPERTY LOCATED AT 13302 NEW PROVIDENCE ROAD (TAX PARCELS 22 -3690-0996-036-3,22 -3550-0997-011-4) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 26, 2010 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 13302 New Providence Road, consisting of a total of approximately 51.59 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 996 and 997 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the use permit as listed in the attached conditions of approval, be """ approved under the provisions of Section 19.4.7 of the Zoning Ordinance of the City of Milton; and SECTION 3. 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 26h day of April, 2010. Attest: elo 61" S die Gordon, Interim City Clerk (Seal) son" Approved: (-1,11 Joe Lock4 ,Mayor ,�•• CONDITIONS OF APPROVAL U09-05 The City of Milton Mayor and City Council approved a USE PERMIT for an Antenna Tower and Associated Structure to Exceed the District Height (Article 19.4.7.) 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) One monopole communications tower and equipment slab(s) and/or building(s). b) Tower will be built as a stealth design as approved by the Community Development Director and shall be a maximum height of 100 feet. 2) To the owner's agreement to abide by the following: OMM a) To the site plan received by the Milton Community Development am Department on December 1, 2009. 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 or Certificate of Completion. 3) To the owner's agreement to the following site development considerations: a) To provide a 20 foot landscape strip planted to buffer standards per the requirements of Article 12H.3.10. around the leased area. b) All chain link fencing shall be black vinyl clad. c) No barbed wire will be permitted on top of the minimum 6 foot high security fence. d) All site maintenance to be completed between the hours of 8:30 a.m. and Own 5:30 p.m., Monday through Friday except in cases of emergency or when an after-hours permit is obtained pursuant to the City of Milton Noise Ordinance. im" soon e) Applicant will submit a certification from a registered engineer that the structure will meet the applicable design standards for wind loads and construction drawings signed and sealed by a licensed structural engineer with its building permit application. 'J SITE PLAN SUBMITTED DECEMBER 1, 2009 GENERAL NOTES SUBJECT PROPERTY- �� ago CWS7F �R �MUWxiIYGlosbBRmla.11b ��w�MRR�IibeMW®raM 11®OIBalIalMaI01fA9tR1B W NaB9la1M�p •yam_ •9.1QOIB11mmA[� 11111100i11N'Bmlllf R tea:.®W.>QYHtiu r+ai9isB�iv9r usvm tR.FM�IIlo1M.sYLY1aC®MUIBR�w ZBOROWSF0 ZaWD:AGI W' 1 BIm.9m.Ru. °�""Oeww� rmuRm *FDON IVFACK +w.a9c O SCOTT WYCIE 9yi ZONED: ZONED.• ZD.AWSaARK AC -1 A&I ZONED smSBsortaar see �BsofBs�ze n9noa vlowruE 9a9 R ,o�,, .'�� ^ EAOYE&NDERS ZLNED: AGI .a5 Z:i+� Ie�lla6Y Q 9Eu � Y NBB^JT A-t7d9a' CIa0.Sle7B'IPE 9T Lu.l1BBT WW PROVIDENCE' Ag9of 53t W'IlL 1'Clr All 'L, a+o Bone A .laar _ Ic-.vxee• 1a E00IX r1Y6aLiM seo�oe0° Z ®�� EH— - ------ -- v tar =vim - U C ----------= Za �RRw WW� W LL 9LL9 96e72'.11te1=11' 10 91 w OR RM,Hq/10 VF FR/OSON N/F DDUCiLAS T d PAPOM ZONED:AGl ZONED.•AGl ZONED: AGI �,,� 1 .A(NBNSItlYIE ZD"ED.AGI /,I.F ARTMJR Y ZO/Ep 9Eu � LEASE MEA rFE aa¢rlo9B �i �• A-t7d9a' CIa0.Sle7B'IPE Wiq'.. Lu.l1BBT WW PROVIDENCE' CA PROPOSED 20' All 'L, a+o Bone A INGRES$EGRESS & Ic-.vxee• 1a E00IX r1Y6aLiM �n�ca¢r�:arEMENT Z ®�� EH— ,�i � 1 =vim 99Biamw rias mrosla U NIF .MMES & APRX WARRENN ZONED: AGI 1p av�er_9ar t m-- I .. L. aMobile ^y nw uR C spr.Yu�il[Rs[o,u!,e SUDY lgN((NCl. cElxCu fo. (1N1))3l0 ]019 WW PROVIDENCE' WE NO. e;,, 9AT3109A IMDIOLlfa69b1.>bf. 1a E00IX r1Y6aLiM Z ®�� EH— 1 =vim 99Biamw rias mrosla U ry 4- SUB ' iEc Y MPLR 0 T 5 -MOBILE SOUTIM, LLC 'NF101 PROMDENCE" 9AT3109A All that tract or Parcel of lanc, lying and being in Land Lots 996 & 997, 2' District, 2" Section. City of Nikon, FLIt0fl County, , Georga, being more Particularly described as follows: 3EGINNk?4G at a point at the corner common to Land ,-otz- 9%, 997, 1020 & 1021; lhence 'eawrig said Land Lot Corner and running along the line common to 997 8, 1020" North 84'22'32' West, 1320.14 feet to a paint M tee corner common to Land Lots 997, 998, 1019 & 1020; Thenra Laving said Lane Lct Correr wc running along the line corritrion to Lanni Lois 997 and 998, Nurtli 00'32'15' East, 1358.69 feet t1i a point 21 t'in- corner Common to Land Lots 947, 949. 997 & 94R; Thenrp leaving said I rind I ot Crrn-Ir -.Ino running atong the. line common to Land tots 948 & 997, South 88*537'50' East, MOO feet to a Point; lhence, Sout 88'b9'bO' Last, 897,26 feet to a pont, Thence leavrig said Lim Lo: Lhe and runnirg, Soith 2900'45' East, 39.03 feet to a pont; Thence, South 03,57,27' West, 290.33 feet to a p,.4irt: I'ler", South 31'01'17' East, 36.00 feet to a poinz, Tierce, South 841'08'46' East. 54.0 feet -o a point; Rence, North 58"17'16 East, 72.04' feet to a 1 -inch crimp top 000 tould,, Thence, North 73*41'07' East, 19197 feet to a paint.- Ttiprice. North 83'57 59,03 feet to a puint; Thence, North 09'02'08' West. 85.31 . feet to a point; Thence, North 59'5 P28' East, 326.08 feet to a I: inch rriMP top ;)iPC hJulid uij Lire southwimterly rghtof-otay lire of Now Providence load limming a 60 -foot wide righklf-Wdy); Thence elon'a said soithwesterly right-of-way line, 375.92 feet along the arc Of Z Mrje to now the left having a radius of 3128.75 feet and being scribed by a chord bearing South 641`06'38' East, 375.69 fent to a pant7, Thenno, SmAh 61150,pS, 1,jqt, 22.67 feet to a point; Thence, *, 7&90 toot along tic arc of a curve to the rght hzpjing a radius of 2684,13 feet and hopiig scribed oy a chord beari-i8 Souoi 59'58,12' East. 178.87 fact to a point; Thence, 335.60 feel. d1wig the art; Of d curve to Vie right having a radius of 856.52 feet and being -w�,HbM by a chnrd hParing Saint 44'311'1711' 1 ast-, .13.4.46 tept to p point: Thence leaving said SOUtIvNesteily right-okma�y line of New Providence Road and running,. South 65:'24'3L' West. 1265.75 1 --et to a point on t-je line ccrnmon to Land Lots 9116 & 99/; Thence z,ong said Land Lot Line, Scuth 07"21147' Wo,,J, 21319.69 feet to a point wi said I comer commcn to Land Lots 996, 991. I020 & 1022 and the true PCINT OF BEGINNING. Said tract cantains 55,3021 ,ACHES (2,408,961 square feeti, more or less, as sho%n in a sumey prepared for T-Iolobile South, LLC 3y POINT TO POINT LAND SUMYORS, INC. da -ed April 23, 2009 inus last t-AS!djn Decerr'bpr 4, 2009, LESS AND EXCEPT, A I thaL;raut Or parcel of land IrImg ajid beirg in Land Lots 996 &- 997, 7 Di-Ork-Ift, 2- Section, City of Milton, Fiitnr Cminty, (-jr-.f)rgia:, hr<np-, mnra pArtjCjj[<;rly described as foliows. Nn.koJr-!.21 3,200.2.i U09-05 To fird the point of beginning, ccrnmence at a point at the correr common to Land Luh 9S6, 997, 1020 & 1021; thence lea%fing said Land Lot Corner and running along the lire cauinon to 996 & 99?, North C1'2(J'4/' East, 209,69 teat to a point; thence aforg a to tins, North 31*08'54' Easy. 214.40 feet to a paint and the true POINT Or DEOINNING,- Tlience leaking said Lard -'-OL Line aril running, North 78'33'55! West, 242,24 feet to a print; Thence, North 01'0854! Fast, 467.96 ftp.ttn a ppiri; Thv.n,-.f,., Nr.rth R1,4110' Fast, W-55 feet tc, a point; thence, North 81'40'10" Cost, 132.55 feet C. a poin-: 71lepce, South U! '08'S4' Vilest, 56.2,07 feet to a point: Thewp, North 88'49'24" 10/mt. 72.46 feet to a point on !;aid line cornrnon to Land Lots 99(1 & 991 and the true POINT OF BLGINNING. Said tract contains 3,71.11 ACRES (161,786 square feet), more or less, ai: per Deed Book 28289 Page 243, J34 eg"Ar.c.,