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HomeMy WebLinkAboutORDINANCE NO. 10-11-82urs0 STATE OF GEORGIA ORDINANCE NO. 10-11-82 COUNTY OF FULTON PETITION NO. U10-02NC10-04 LOCATED AT 13120 ARNOLD MILL ROAD (SR 140) TAX PARCEL ID 22 356010180180 BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on November 15, 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 13120 Arnold Mill Road, consisting of a total of approximately 1.7102 acres as described in the attached legal description, for a Use Permit for a Landscaping Business with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1018 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Use Permit for a Landscaping Business in the attached conditions of approval, be approved under Section 64-1820 of the Zoning Ordinance of the City of Milton; and SECTION 3. 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 15th day of November, 2010. Approved: Joe Lockwo , Ma or Attest: Sudie Gordon, ity Clerk CONDITIONS OF APPROVAL U10-02/VC10-04 Now The Mayor and City Council approved this USE PERMIT for a Landscaping Business (Section 64-1820) 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 existing house and warehouse at a density of 4,326.9 gross floor area per acre zoned or a total gross floor area of 7,400 square feet, whichever is less. 2) To the owner's agreement to abide by the following: b) To the revised site plan received Ocby the tober 19iIt20l0�0. Sa d site tplan is Development Department on conceptual only and must meet or exceed the requirements of the Zoning Ordinance and these conditions prior to the issuance of a City of Milton Business License. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3) To the owner's agreement to the following site development considerations: a) Remove portions of concrete pad on eastern side of property as depicted on the revised site plan submitted on October 19, 2010 and replant to buffer standards as prescribed by the City of Milton Zoning Ordinance and replanting shall be mature. Specimen pine tree in this area shall require a bond. b) Delete the 50 -foot undisturbed buffer and 10 -foot improvement setback for a total of 127 feet to a point on the west property line located 127 feet south of the northwestern Oporphe purpoerty se of r to the al owing revised site plan received Oct the existing driveway only (VC 10-04, Part 1). """ c) Provide a 30 -foot undisturbed buffer and 10 -foot improvement setback along the east property line beginning atdispoint ance of 98 feet to afeet point Sam of the northeastern property corner for on the east property line located 138 feet south of the northeastern property corner to the revised site plan received October 19, 2010. (VC 10-04, Part 2) d) Provide a 44.09 -foot building setback for the existing warehouse along the east property line. (VC 10-04, Part 3) e) Provide a 47.58 -foot building setback for the existing warehouse along the west property line and a 28.25 -foot building setback along the west property line. (VC 10-04, Part 4) f) Prior to the issuance of a City of Milton Business License, the applicant must obtain a land disturbance permit and complete the requirements of said land disturbance permit. g) The site and buildings must meet applicable accessibility codes. h) Provide a landscape plan including the buffer mitigation plan for the areas of the stream buffer that are disturbed within 45 days of approval complete installation by February, 2011. 4) To the owner's agreement to abide by the following requirements, dedication and improvements: a) Provide any turn lanes as may be required by GDOT. b) Provide only one driveway location at the northwest end of the property based upon best sight distance as approved by the Director of Public Works and GDOT. i. Entrance shall meet the City of ilton Code of structed to meet sdulnances ch criteria, at and guidelines, or be recon the approval of the Transportation Engineer for Milton and GDOT. c) Close additional driveway and remove concrete within the Right of of Way located at the southeast end property. d) The applicant must have an approved Driveway Access Permit from the Georgia Department of Transportation within six i ectomonths of approval or at the discretion of the Public Works Pik ►.e o. "Ngp""��t+:'�P4�M1•T1 6 Hi ' I I , li l•t� �!!1 � �A13 i i i l I�li6ill l�t�l�EA 1�3�!!! Atte e ! i E Ee i1 iia i Eft! ill! :ll loll Ill 3, I ;1 lit .A EA .A EAt i i� I ° EfAl 1' ' ! lei ll'; lila lila lila 1 �I ill le�l� ,�� •� I= � E� iil ii f� !� E I�• ill l�� i� i! aA li la 9g 911 1111 8111 1 "! 51 iL ii A �l iiii REVISED SITE PLAN SUBMITTED OCTOBER 19, 2010 LEGAL DESCRIP71ON ALL THAT TRACT OR 1-ARCEL 0= LANrJ LY'1\0 ANV LOCATED IN LAND LOT 1018 0 7HE ^ND CISTRICl ikL' SECTION, CITY OF MILTON. 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