HomeMy WebLinkAboutORDINANCE NO. 09-07-47ORDINANCE NO. 09-07-47
PETITION NO. U09-02NC09-02
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR A LANDSCAPING BUSINESS
(ARTICLE 19.4.27). PROPERTY LOCATED AT 15150 BIRMINGHAM HWY (SR 372)
(22 -3920-0521-023-7)
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 20,
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 15150 Birmingham
Hwy (SR 372), consisting of a total of approximately 3.960 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 Lot 521 of the 2"d 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 19.2.3 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
wr.. 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are hereby repealed; and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 201" day of July, 2009.
Approved:
Attest:
e tte Marchifava, City Clerk
Mayor
.... CONDITIONS OF APPROVAL
U09-02/VC09-02
If this petition is approved by the Mayor and City Council, it should be approved
USE PERMIT for a landscape business (Article 19.4.27.) 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) Landscape business within the warehouse, and greenhouse at a density
of 187.62 square feet per acre or 743 square feet, whichever is less.
b) Single family residence
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Milton Community
Development Department on May 26, 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 City
of Milton Business Permit. Unless otherwise noted herein, compliance
with all conditions shall be in place prior to the issuance of the first
Certificate of Occupancy.
b) The business shall not provide retail services.
c) The existing 780 square foot home shall remain a residence and not to
be utilized by the landscape business.
3) To the owner's agreement to the following site development considerations:
a) Not to expand the existing business and/or clearing of site.
b) No signs permitted except for temporary standard informational signs
permitted in the AG -1 (Agricultural) district.
c) All materials stored on site shall be placed in 3 sided bins not to exceed
more than 300 square feet.
d) Replace existing opaque privacy fence along Taylor Road after the
required clearing of plant materials and provide a line of site easement
.. as required by the Public Works Department.
e) Limit the site to one dumpster.
f) Limit the number of deliveries to the site to 2 per week.
g) Not to exceed 4 landscape vehicles on the site.
h) The greenhouse and potting shed may encroach into the 50 -foot
undisturbed buffer and 10 -foot improvement setback (VC09-02, Part 2).
i) The greenhouse and potting shed may encroach into the 50 -foot
setback adjoining the AG -1 District (VC09-02, Part 3).
4) To the owner's agreement to abide by the following requirements,
dedication and improvements:
a) Provide only one entrance each on Birmingham Hwy and Taylor
Road.
b) Birmingham Highway entrance may not be used by landscape
business vehicles and trucks.
c) To allow access from Taylor Road. (VC09-01- Part 1)
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REVISED SITE PLAN SUBMITTED MAY 26, 2009
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BIRMINGHAM HIGHWAY
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STATE ROUTE 372
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SIGHT DISTANCE PLAN FOR
BRUMBELOW—REESE & ASSOC., INC.
ROBERT NESTOR
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015150 BIRMINGHAM HIGHWAY
LAND 9URAEYING SERVICES
GEORGIA REGISTRATION NO. 2072
DAT@MAY 19. 2009
LOCATED IN:
LAND LOT(Sj: 521
13985 HIGHWAY 9
ALPHARETTA. GEORGIA 30004-3818
REVA00
dS1RICT: 2, SECTION: 2
CITY OR MLTON
PHONE (770 478-7
FAX (770) ) 881559-4M
QTY OR FU TON
EMAIL--BRASSINCOCOMCAST.NET
STATE OF GEORGIA
Mtvoa Or Lk""
REVISED SITE PLAN SUBMITTED MAY 26, 2009
VA