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HomeMy WebLinkAboutORDINANCE NO. 09-01-33ORDINANCE NO. 09-01-33 PETITION NO. ZM08-06/VC08-06 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITIONS) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ05- 072 PROPERTY LOCATED AT 765 AND785 MID-BROADWELL ROAD LAND LOT 1134.2 DISTRICT 2 SECTION CONSISTING OF APPROXIMATELY 139 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 21, 2009 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, for petition RZ05-072 that approved a zoning to C-1 (Community Business) property located at 765 and 785 Mid -Broadwell Road within Land Lot 1134, 2 n District 2nd Section, consisting of a total of approximately 1.39 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1134 of the 2nd 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4.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 21St day of January, 2009. Attest: �.4ctil�, t e.ildette Marchiafava, City Clerk PROM (Seal) Approved: Joe LocV�od, Mayor CONDITIONS OF APPROVAL ZM08-06/VC08-06 765 and 785 Mid -Broadwell Road .._. The City of Milton Mayor and City Council approved the modification of the 4MW condition of Z05-072/VC05-160 with the regard to the above referenced property zoned C-1 (Community Business). Zoning Modification petition ZM08-06 and Part 3 of the concurrent variance was approved by the Mayor and City Council at the January 21, 2009 hearing, subject to the following conditions: 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on September 2, 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. e. To provide 39 parking spaces (VC08-06) To save the 2 pines and 1 sweet gum tree in the east corner. g. The site plan not withstanding, no encroachment for parking purposes on City of Milton property shall be allowed. n N m _ �` fig F Olt 6 y d r 96 N ° o ;� ` IF Li Nin r� N M M M S: KOLB COMMERCIAL wncr, OIT OF MLTON, ILLTON COW" OA. Osro °RDnnucT SITE PLAN uwoiRt° @ID 2Gt • Wd Site Development Consultants, Inc. • U"M. " kaft�• ' "S n N m _ �` fig F Olt 6 y d r 96 N ° o ;� ` IF Li Nin r� N M M M S: KOLB COMMERCIAL wncr, OIT OF MLTON, ILLTON COW" OA. Osro °RDnnucT SITE PLAN uwoiRt° @ID 2Gt • Wd Site Development Consultants, Inc. • U"M. " kaft�• SITE PLAN SUBMITTED SEPTEMBER 2, 2008 Legal Deserlotbon At that lrocft or por<AP, of hind lying onti be4,ig 0 Wild Lot 1134 of the 2nd District, 2n2 soction kftw rL, ton County. Georgia. and being more particular described as folk-Avs: Commencing at a point toren ee by taxi interkiectionol the S3uth right of way :3f rkilayfield Rd. a nfl the west right of way of Mic-Bmaijwell Rd,: theme South 50 Cenrees 30 minutes 25 Seconds Past fnr ai nprwriximatp distqrwx� of 73 7T ifi 1ho lvtin of begiN101g: thcneeScuth 50 Degrees 18 Minute- 32 Seconds ret a c !stance of 18'9.4,,) fret t(; j Paint; I; thrice SWth,53 I Deurtmti 01 hflFiu(t;*235ixuijd* Eij*tu cibiturtuu of 163.71 fuel tc a Paint; thence 6ou11t 22 Deyrws 35 Minutes 04 Seconds West a distarco. of 154-111 feet to a Poi -A; thr-nr--SrAj1h89Oegrei,-s,91 Mintoes Z2 Seconds West a distarm Of 181-71 feet to a Pui,)L: thence North 00 Doo(eiQu 41 Min es 45 99xinds East a ftiancP, of 14P.3OfFq,# to a Point: thenrAm North 20 DporppR 45 Minn- 45 :Wnreii; WeRl a diq.lnnr.i- fif I Aq 7.1 fjys.t tor P& n thence North 39 DWous 44 Minwas W geowreJs East a distance of 51M feetto a Point; to the Point of Baginni ng: Tract contain nq 1,39 acres more or Im. RECEIVED SEP 0 2 2001 CRY 01 Mitten CM1 k 1399olopirwnt Z;MO8-06NC08-06