HomeMy WebLinkAboutORDINANCE NO. 10-11-83op." STATE OF GEORGIA
COUNTY OF FULTON
am"
ORDINANCE NO. 10-11-83
PETITION NO. RZ10-01
AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG -1
(AGRICULTURAL) DISTRICTS TO C-1 (COMMUNITY BUSINESS) DISTRICT,
PROPERTY LOCATED AT 3105 BETHANY BEND
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 3105 Bethany Bend consisting of a total of approximately .871 acre, be changed from
the C-1 (Community Business) and AG -1 (Agricultural) 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 831 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 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 4. That all ordinances o r part of ordinances in conflict with the terms of this
ordinance are hereby repealed; and
SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and
City Council and the signature of approval of the Mayor.
.--, ORDAINED this 15'h day of November, 2010.
Approved:
Joe LoWwod, Mayor
Attest:
f7
Sudie AM Gordon, City Clerk
omm The Mayor and City Council, approved the rezoning of property located at 3105
Bethany Bend for C-1 (Community Business) CONDITIONAL subject to the
to" 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
2,411 gross floor area per acre zoned or a total gross floor area of
2,100 square feet whichever is less and a maximum of 4 gasoline
pumps, whichever is less but excluding service stations, freestanding
fast food restaurants, commercial amusements (cinemas not
included), package liquor sales, (restaurants may sell liquor by the
drink), motels, hotels, adult entertainment establishments including
adult bookstores, adult entertainment as defined in Section 64-1,
check cashing stores, pawn shops, coin operated laundries, video
arcades (video machines that are incidental to otherwise permitted
businesses are allowed), 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.
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on April 20, 2010. Said site plan is conceptual only 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. 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) All new sidewalk installations along the rights -of -ways shall have a
color stamped pattern to simulate a transverse double row brick paver
pattern every 50 feet, to be approved by the City of Milton Design
Review Board.
A•-• b) Provide a black four-board-equestrian-styled fence along all
sidewalks interior to the landscape strip or as approved by the Director
"V. of Community Development.
c) Provide additional landscaping within the required landscape strips as
approved by the City Arborist.
d) Provide new fire hydrant along Bethany Bend between the entrance
and the point where the 50 foot taper begins or as approved by the
Fire Marshal and Fire Chief.
e) Provide one fire department connection (FDC) along Hwy 9 near the
apex of the site and provide an additional FDC where pedestrian
access is shown on the site plan along Bethany Bend approximately
halfway between the two ends of Bethany Bend and the northern
apex of the site for fire department staging off site, or as approved by
the Fire Marshal and Fire Chief.
f) Provide Fire Department accesses along Bethany Bend and Hwy 9
where FDCs and fire hydrants are located with a minimum width
AVON opening of the equestrian style fence of eight (8) feet or as approved
by the Fire Marshal and Fire Chief.
g) No outside speakers/intercoms permitted on the premises.
h) All canopy lighting must be recessed.
i) Hours of operation shall be Monday through Saturday: 6 a.m. to 11
p.m. and Sunday: 7 a.m. to 1 1 p.m.
j) Require two (2) benches and two (2) trash receptacles to be placed
on the site.
k) Two intersecting gabled roofs over the gas canopy if approved with
input from the Design Review Board and if otherwise economically
feasible.
4) To the owner's agreement to abide by the following requirements,
dedication, and improvements:
a) Dedicate at no cost to the City of Milton or Georgia Department of
Transportation (GDOT) prior to the approval of a Certificate of
Occupancy, sufficient land as necessary to provide the following:
Mm" i. Provide at least 30 feet of right-of-way from the centerline of
Bethany Bend
ii. Provide at least 12 feet of right-of-way from the back of curb of
all abutting road improvements, along the entire property
frontage, as well as allow the necessary construction easements
while right-of-way is being improved.
iii. Provide bicycle and pedestrian improvements along entire
property frontage of HWY 9 and Bethany Bend according to
cross sections in Chapter 48 Streets, Sidewalks and Other Public
Places of the City of Milton Code of Ordinances and as
approved by Milton Public Works.
iv. Installation/modification of the following transportation
infrastructure according to GDOT Standards and Chapter 48
Streets, Sidewalks and Other Public Places of the City of Milton
Code of Ordinances:
a) NB Right Turn Lane on HWY 9 at new access drive
b) EB Right Turn Lane on Bethany Bend at new access
drive
b) Reserve for the City of Milton along the necessary property frontage of
the following roadways, prior to the approval of a Land Disturbance
Permit, sufficient land as necessary to provide for compliance with the
Comprehensive Transportation Plan. The location of the landscape
strip with the reserved right-of-way to be determined by the Director of
Community Development.
i. 55 feet from centerline of HWY 9 or as may be required by
GDOT
ii. 45 feet from centerline of Bethany Bend
a) Access to the site shall be subject to the approval of the
GDOT District 7 Access Management Engineer and Milton
Public Works, prior to the issuance of a Land Disturbance
Permit.
b) Provide a 30 foot wide cross -access easement free of any
structures or utilities for future vehicular and pedestrian inter -
parcel access on the south property line as approved by
Milton Public Works.
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*^ Revised Site Plan Submitted April 20, 2010 - RZ10-01
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A I that tract or parcel af land lying and Wing m Laric. Lo, 831 of tra 2n.- District
2nc, Sc-(,,tic)7 of F. 1011 (,'GLIIItV, Georgia and being rio�e ;:drdL;ulai y de,5urljc!,A as,
Beginning at a V2" rebar to una at ilia irtersoot ion of the south iin a of Law,- I o-
831 with the easterly ight of way of Georgia Hio-iway 9,
Highway {,variabre rigH of way'r
th�nc� Anno smi� right, of way Nmth 09 degrees 17 mirwos (14 seconds IlVest. a
dista,ce of 24-3.61 feet tc a 5,fT rLbar s:A at the wcatcrnmost point of .4 mitarad
right -it way irtersectien forined by the: ca5terly r ghl, of way of StatC 1119hWay 9
and thev;esterly right :jf way of Bethary Road Ooviri;ihlp, fight of %,.',]Y):
11nmue. aluiiy said mic-.red right of way line North 64 dfgrees 53 minutes 35
secc,'As East. a dWance of 45,87 feet to a 51,3' rcbar set or the westedy rght or
Way of Get-lary Road;
th-mm alor.q the westerly right of way of Be� ' harly HOWd 501.1th 4 1 dogrces 43
m nutes, 52 seconds Fast 2 distarce, of 37.31 feet tra A Poini,
th�r!cte vj--Cnwng o"ong said right of veay 30LIth 41 degrees 27 rii.nules 43
seconds East a dislarze of 60 11 feet to a pri nt,
thf), on cortinl.lirg olong said right of v. -ay slorg a crve :o trie le.; an are C stance
of 1 -i7,26 feet, s&d curve being -suhtendac by a c,widif 117,23 f(.'Pt bearing
SoLi7i 42 degria-_v, 11 •ninut,)s 42 seconds. East wid I)qv'ng a rwlius of :x,255.` 2)
feut i« a puirL
hence col-d-ulng alorig said figl-jt of way SokAi, 42 degrees b minu-.es 16
so,,onds Last. a dictarce 0'60 5E fact to E. Pcin::
-hence cortil)Uil)fj slang said right al'way Suuti,, 44 Jx green 26 iwnwes 23
se,,^ondq Fast, a (Fdztirrk� of 90.5E fest to a IjZ" rebar found Gn the south hic ot
Laid U)t 831:
thence 1^avin:; saj(-.t rs&,. of v�ay and along sa d Land Lot line North Z9 degleab
19 rinut_-D 35 seccqjdu VIc-st, a d stsnce of 249,'14 f"t to the POINT OF
f3 EC31 N N I N 0.
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37�1�,45 squw, :r A-7,1 aCr-c:,
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