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Home My WebLink AboutORDINANCE NO 11-08-111STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-08-111 PETITION NO. RZ11-14NC11-03 AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG -1 (AGRICULTURAL) TO C-1 (COMMUNITY BUSINESS) AND AG -1 (AGRICULTURAL) FOR AN EXISTING COMMERICAL BLOCK BUILDING LOCATED AT 14375 PROVIDENCE ROAD HAVING A FRONTAGE OF 99.55 FEET (22-4120-0845-038-0) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 15, 2011 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 14375 Providence Road with frontage of 99.55 feet, consisting of a total of approximately 1.05 acres as described in the attached legal description, be rezoned to the C-1 (Community Business) and AG -1 (Agricultural) Districts with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the C-1 (Community Business) and AG -1 (Agricultural) zonings listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Divisions 2 andl8 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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. Ij Page 1 of 7 t STATE OF GEORGIA COUNTY OF FULTON ORDAINED this 15`x' day of August, 2011. Approved: ORDINANCE NO. 11-08-111 PETITION NO. RZI1-14NC11-03 Joe Lockwood, Mayor r' Attest: 5�64-�V Sudie AM Gordon, City derk Page 2 of 7 STATE OF GEORGIA ORDINANCE NO. 11-08-111 COUNTY OF FULTON PETITION NO. RZ11-14NCII-03 RECOMMENDED CONDITIONS RZ11-14/VC11-03 The Mayor and City Council approved the subject site C-1 (Community Business) and AG -1 (Agricultural) 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) Retail, service commercial and accessory uses on .56 acre of 3,085 square feet or 2,938 square feet per acre zoned, whichever is less, but excluding, gas stations and associated gas pumps, convenient stores, service stations, restaurants, commercial amusements, liquor sales and package stores, motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment use permit standards as defined in Chapter 64, Article IX., Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, fortune tellers, billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, stand alone parking lot, personal care home, recording studio research laboratory, stadium, and thrift institution and any uses permitted through a Special Use Permit that requires a C-1 (Community Business) or 0-1 (Office - Institutional) zoning district other than church or cemetery use. Above described acreage shall be zoned C-1 (Community Business) Conditional. Page 3 of 7 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-08-111 PETITION NO. RZ11-14NCII-03 b) Agricultural (AG -1) located on .49 acre within the overall 1.05 acre tract as depicted with undisturbed buffers as illustrated on the revised site plan submitted on June 20, 2011. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 20, 2011. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, all other applicable city ordinances 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 Certificate of Occupancy. 3) To the owner's agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road b) Parking areas shall be gravel except for the required handicapped space. c) To delete the 50 foot buffer and 10 foot improvement setback to 0 feet along the west property line labeled points 18 and 19, 13.44 feet of property line labeled 20 and the west property line for a distance of 98 feet. (VC 11-03, Part 1) d) To delete the 50 -foot buffer and 10 foot improvement setback to 0 feet for a distance of 118 feet along the north zoning line. (VC 11-03, Part 2) e) To provide a 20 foot undisturbed buffer replanted where sparsely vegetated and 0 foot improvement setback along the east property lines. (VC 11-03, Part 3) f) To provide a 50 foot undisturbed buffer replanted where sparsely vegetated, and 10 foot improvement setback along the west and north property lines within the AG -1 (Agricultural) district as depicted on the revised site plan submitted on June 20, 2011. Should the use of the property change and property owner be required to install parking in the rear, property owner shall design a landscape plan and lighting plan to screen the parking lot from residents to the north and west. Property owner shall install low level lighting, and develop a landscape design Page 4 of 7 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-08-111 PETITION NO. RZ11-14NC11-03 including walls, wooden fencing, trees and shrubbery to effectively screen abutting neighbors' views of the parking lot. Property owner will submit the design plans to the owners of the following properties; 915 Pleasant Hollow Trail, 930 Pleasant Hollow Trail, 955 Pleasant Hollow Trail, and 13940 Haystack Lane, prior to submitting the plans to the City of Milton. g) To develop the parking lot as depicted on the revised site plan submitted on June 20, upon any change of use within the building if necessary. h) To allow the existing building to remain as shown on the revised site plan submitted on June 20, 2011. 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria if required by City of Milton Public Works Department. Page 5 of 7 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-08-111 PETITION NO. RZ11-14NC11-03 .+�0"" � ST:Tem—•��•�Si�.'t�iRLST.M1S.7U@L7. a so 00 0! 41 fill .14 11 14411 s „°se. -"i1�SS0aa.n..�ya.an•aaaq�•.ne1°� s- s.s'��e&GP"�asl 5ii if, TEi� ai a K p Revised Site Plan Submitted June 20, 2011 (west parcel) Page 6 of 7 ¢� �i6 • a� �S GKK. �' da Revised Site Plan Submitted June 20, 2011 (west parcel) Page 6 of 7 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-08-111 PETITION NO. RZ11-14NC11-03 WESTERN TRACT 14315 i-1110VIDENCE ROAD All THATTRACT OR PARCEL OF LAND LYING OR BEING IN IANT) LOT £45 OP'IHE :Z"r-ISTRICT Zw SECTION OF rtlE CITY Of MILTON, FULTON COUNTY, GLORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLIOWS: COMKIFNCING AT THE FOINT OF IN-ERSEC710N Of T14" WESTERN LIN:- OF L.L. B45 WFTH NORTIERN ftJ)A(OF PROVIDENCE ROAD J40' 8/W). I M-NILL, tA.SI LXLY, ALONG I Ht NOR, [HER N R/W fnl.t ()WING THE CURVATURE RE OF AN ARC TO THE RIG I IT HAVING A RADIUS OF 1863.12 FEET, AND AN ARC DISTANCE OF 100.02 FEET, SAID AK FSFING SURTENDFI) BY A CHORD BLARING OF N W44'52" E, AND A DI!AANCE 0: 100.00 FEET TO A POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, DEPARTING SAID Ft/W, NORTHERLY', N 02"10,59" W A DIS-TANICE OF 89.37 FEET TO A VOIN"l; I HtNLL-, N 43-42'06" W A DISTANCE OF 29.9?, FEET TO A POINT; THENCE, S 97"77'79? W A.')KTANrFQF '?3.S1 FEET TO A POIN7; SAID POINT BEING ON THE WE'jl I 1 *4 E OF L. L. 845; THE VCE, NORTHE MY, ALONG SAID LINEN 00`32'23" E A DISTANCE OF 217,01 FEETTIO A POINT; THENCE, DFPARTINGG SAID LINO, EASTERLY ALONG THF SOUTHERN LINE OF A COMMON AREA, DETENTION LOT 5 W08'50Y' C A DIVANCL 01' 31.72 FLET TO A POINT; THENCE, S70'C9'05` E A DISIANILL OF 8,108 [LET 10 A POINT: THENCE, IN 90"00'00" E A D15TANCE OF 34.02 FFFT TO A POINT, TI IENCf, (ILPARTING SAID LINE S. 20'59'12" E A DISTANCE OF 141-75 f LLT TOA POINT; THENCE, 5 0t1 i3 00'W A D15TANCE OF 150.00 FEET TO A POINT; THENCE,, S 82-17-07" W A DISTANCE- OF 99.55 FEET TO A ?OIN'I'; SAIL) NOINJTBEING THE TRUE POINT OF BEGINNING. SAID TRAGI OR PARCEL OF LAND CONTAINS 1.0531ACRES AS SHOWN ON PROPOSED ZONING D15TRICT EXHIBIT FOR SLGARS & 514ir04V, LI.0 PREPARED BY DAVID A. BURRE ENGINEEPING AND SURVEYORS, INC, DATtD APRIL 5, 20-'1. RZ1 1-14/VCI 1-03 Page 7 of 7