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ordinance are hereby repealed; and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.
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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;
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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