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Home My WebLink AboutORDINANCE NO. 09-02-36ORDINANCE NO. 09-02-36 PETITION NO. RZ08-10 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO REZONE TO C-1 (COMMUNITY BUSINESS) (ARTICLE 9), PROPERTY LOCATED AT 622 AND 612 N. MAIN STREET (SR 9) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on February 2, 2009 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 622 & 612 N. Main Street (SR 9), consisting of a total of approximately 2.2562 acres, for C-1 (Community Business) with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lots 1109 and 1124 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia by the attached legal description; and SECTION 2. That the rezoning listed in the attached conditions of approval, be approved under the provisions of Article 9 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 2"d Day of February, 2009. Attest: '% I Qeajktte Marchifava, City Clerk (Seal) Approved: APPROVED CONDITIONS ,w. This petition was approved by the Mayor and City Council on February 2, 2009, for C-1 (Community Business) 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 Commercial and accessory uses, at a maximum density of 12,504.42 gross floor area per acre zoned or a total gross floor area of 21,060 square feet and 7,200 square feet of basement/storage space for a total of 28,260 square feet, whichever is less but excluding gas stations and associated gas pumps, freestanding fast food restaurants, the following: commercial amusements (excluding cinemas not included), liquor sales package stores excluding wine stores or restaurants may that sell liquor by the drink, motels, hotels, adult entertainment as defined in Article 3.3.3.; check cashing stores; pawn shops; coin operated laundries; video arcades, (excluding video machines which are incidental to permitted business uses); pool halls; massage parlors, nail salons, stand alone beauty salons, stand alone barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. b) If the 7,200 square feet of basement is to be used for anything other than storage, parking recalculations would apply. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on October 7, 2008. Said site plan is site plan specific 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. All minor modifications to the site plan must be approved by the Community Development Director unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. *own Property owner will prepare a covenant in advance of city council meeting to prohibit basement floor from public access / sales and Now identify as storage only. Owner will file for recording same in Fulton County records subsequent to review and approval of City of Milton attorney. Said recording shall be after concluding the rezoning effort and prior to the submission of land disturbance permit documents. 3) To the owner's agreement to the following site development considerations: a) Provide 30' wide cross -access easements free of any structures or utilities for future vehicular and pedestrian inter -parcel access points on the east and west property lines and on the south side of the northwest section of property as approved by the Director of Public Works. Said easements shall be required / utilized only if the adjacent property is in the City of Milton and is compatibly zoned with this property (commercial), as determined by the Director of Community Development. Additionally, any vehicular paved drives or sidewalks between the properties shall not exceed 5 % of grade. b) All building entrances used by the general public shall have access to the sidewalk along road frontage. c) The site plan must provide adequate fire truck access to the building; and be acceptable to the Transportation Engineer and Fire Marshal. d) A revised site plan shall be reviewed and approved by the Design Review Board. e) Required recompense trees shall be planted on site where possible and shall be 2'/z" caliper in size. f) Comply with all State Route 9 Overlay District Standards (Article 12G of the City of Milton Zoning Ordinance). 4) To the owner's agreement to abide by the following requirements, the dedication and improvements. The dedication and improvements listed below shall be substantially completed prior to the of issuance of a Certificate of Occupancy by the City of Milton. pro" a) Provide the road improvements as approved by the GA. Dept. of Transportation under permit # 08-2008-061-121 Now dated Aug. 26, 2008 and in accordance with GA. D.O.T. performance bond # 41130927 dated Sept. 02, 2008 as provided to staff at the time of filing of this rezoning application; except for the width and location of the sidewalk in the approved drawings. The City of Milton and GA. D.O.T. are to determine and agree upon the exact location and sidewalk width prior to construction. The owner is aware of this issue and supports the City of Milton in their pursuit of this request to GDOT. 5. To the owner's agreement to abide by the following: a) The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five (75%) of the pre - development conditions or as may be approved by the Director of Public Works of the City of Milton. b) The water quality and above -ground detention facilities shall meet the acceptable design standards of the Department of Community Development. i. Above -ground Detention facilities shall have six foot high wooden fences with welded wire construction around it. c) The Developer shall utilize GASWCC limited application controls. All water quality and above -ground detention facilities shall have vegetated surfaces to be regularly maintained by the owner. d) Provide a maximum 75 percent impervious materials, per drainage basin, at maximum build -out or as approved by the Stormwater Engineer. A maximum of thirty (30) of the proposed parking spaces on this project may be pervious pavers and any applicable asphalt drive and / or parking spaces shall be designated on the L.D.P. documents as (hatched) future proposed parking. �' i iiia) I -:' Jill Home Fashion Center f jR 622 North Main Street 0 -n ll Milton Georgia 30004 W A!tt ........ . ......... . . ........ . ....... . ... . ... . ......... . ... . ......... --- — ----- SITE PLAN SUBMITTED ON OCTOBER 7, 2008 Site vddress C12 and 622 North MainStreet, Mil:uii; Geurgia t.EG'AL DESCRIPTION All that tract or parcel of tanc being in the City of Milton, Land Lot 1109 and 1124, 2- District, 2"` Secti3n of r.altcn County, Georgia being more particularly clezeribeI describea, follovw5: geginnlr4 a; the point of intersection between the northern Right of tiWay of Sta`e Route 9 and the northeasteriy Right of Way cif"v'aughn drive (60 RIWv —, Thence easterly along the 99 Right of Way of State R3ute 9 a distanrp of .584.617 feet to an imn rin set said point being the True Pol7n: of &ceinning: Thence N 06`19'35'W a distance of 214.15' Gtr an iron pin get; Thence S 83°13'3ErW a distance of 203.33'to an iron pin found; Thence H 03"28'15'Wfora diOancc of 140.96' to an iron pin. found; Thence ft 87'4410E for a distance of 381.92' to an iron Pin found; Thence S 10'4656'E for a distance of 313,99` to an iron pin Bund; Thence S 72"00'18• W for a diwt:Isnce of a 15.x00' to andiron ph set which is the True Point of Beginning, Said pro oerty having a tatat area of 2.2567 arrm heinnp 0ovo) more_ particula-ly as shown on the bovridury :iurbey for David A. [3u rre prepa-rd by David A. Burrs Engineers & 3ugveyurs, Iris:., Dated July 03, I`1`31, RECEIVED OCT 07 ZOOS Cnrn�Mkn H RZ08-010