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Home My WebLink AboutORDINANCE NO. 10-01-139STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 10-01-139 PETITION NO. RZ09-05 SR 372 (22 -4161113400321 BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on January 20, 2010 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 12645 Birmingham Hwy (SR 372), consisting of a total of approximately 2.42 acres, be rezoned to C-1 (Community Business) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1134 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and .•,• SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions .�. of approval, be approved under the provisions of Article 9.1 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance wit the site conditions of do approval as attached to this ordinance. Any conditions hereby approved (including : 5 plan) 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 That all ordinances o r part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 20`h aay of January, 2010. r" Attest: 4Suerdon, InterijCit erk (Seal) Approved: Joe Lock oo , Mayor CONDITIONS OF APPROVAL RZ09-05 The City of Milton Mayor and City Council approved the rezoning of property located at 12645 Birmingham Hwy (SR 372) 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 owners agreement to restrict the use of the subject property as follows: a. Retail, service commercial and accessory uses, including all exterior food and beverage areas, at a maximum density feet,efwho hegerss less butross square per acre zoned or a total of 1,773square excluding billboards, convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements, day care businesses, pawn shops, check cashing businesses, billserlfds or --serve e lauool aldry facilities; ed recycling collection stations, used c arcades, amusements, or game rooms; outdoor vending machines, kiosks or other stands except ATM macdry cleaning sery ce ondlyngale, cleaning establishments which offer drop-off/pick-up lease or rental of motorized vehicles eo storesor , tattoo or body movie theatres, and/or 9 parlors, adult theme bookstores,discs establishments offering the sale or rental of related machines, tapes, , books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops if such wine shop meets the mini mum requirements of the City's alcohol license at the time of application; massage parlors or spas, bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment. Day spas that provide the following services: hair cutting and styling, nail grooming and ofacial between 8 a me and 8 pnts and tme shall be mutic assage with hours of operate allowed. 2. To the owner's agreement to abide by the following: a. To the revised site plan received by the Community Development Department on December 28, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, other OMWO applicable City Ordinances and these conditions prior to the approval of a Land Disturbance Permit or a City of Milton Business License. 3. To the owner's agreement to the following site development considerations: a. Increase the front building setback to the extent necessary for the existing structure to remain compliant with 12H(1).4.B.2. b. To restrict the parking to a minimum of nine (9) spaces and a maximum of fifteen (15) spaces including the required handicapped space. Parking area shall be gravel or approved pervious surface. If more than nine (9) spaces are constructed, the plan shall be submitted to the City Design Review Board for approval prior to completion. c. The City Design Review Board shall review and make recommendations prior to any land disturbance or other type of permit that includes parking location or parking material or non -specimen tree removal. d. All parking shall be utilized only by on-site patrons or employees. 4. To the owner's agreement to abide by the following traffic requirements, dedications and improvements: a. Dedicate at no cost to the C°te pthe property, prior ia Department of Transportation (GDOT) along enty or ire frontage gago to the approval of a Certificate of Occupancy, sufficient land as necessary to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements. b. Dedicate, at no cost to the City, construction easements sufficient to construct the necessary road and sidewalk improvements identified in the John Wieland Homes and Neighborhood Road improvement plan and the Crabapple Overlay. c. Access to the site shall be subjectapproval an of the of a Certct 7 ificate cote of Access Management Engineer, prior to the Occupancy. Entrance(s) shall conform to the GDOT driveway standards, and Chapter 48.Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria, as required by GDOT and the City of Milton Public Works Department . a_vau.ua s....aq h� r d •� R.k�uy •3�W �4 REVISED SITE PLAN SUBMITTED DECEMBER 28, 2009 �E. _ _ _ ... �_. ��— lire Laxad 1��t L73a.+4262 _. �. lax►J IYD .,�1,r1 Lwiu� a track Df _ ira�L ur parcel ul acoircixa }s i aurrP ALIS 'I IRT ulLc�rt €runty. „ E. `rot.js by pavid J ein9 I7iaLrirL. 21rd fectiullaE�ni auY.vey [vC lrrrI} and % ac roil Ho 91xdu1i uli k Burl, R.i,.S.a dmLed A"O'st 27. -. 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