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HomeMy WebLinkAboutORDINANCE NO. 11-06-98STATE OF GEORGIA ORDINANCE NO. 11-06-98 COUNTY OF FULTON PETITION NO. RZ11-13NC-02 AN ORDINANCE TO REZONE FROM C-1 (COMMUNITY BUSINESS) AND AG -1 (AGRICULTURAL) TO O -I (OFFICE-INSTITIONAL) AND AG -1 (AGRICULTURAL) FOR A OFFICE AND TWO OUT BUILDINGS LOCATED AT 14355 PROVIDENCE ROAD HAVING A FRONTAGE OF 172.41 FEET (22-4120-845-047-1) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 20, 2011 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 14355 Providence Road with frontage of 172.41 feet, consisting of a total of approximately 1.32 acres as described in the attached legal description, be rezoned to the O -I (Office -Institutional) and AG -1 (Agricultural) Districts with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 845 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the O -I (Office -Institutional) and AG -1 (Agricultural) zonings listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Divisions 2 and 16 of the Zoning Ordinance of the City of Milton; and ,o, 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 20t' day of June, 2011. Page 1 of 6 STATE OF GEORGIA COUNTY OF FULTON Attest: bYyi hH+f� Joe Lock , Mayor rk ORDINANCE NO. 11-06-98 PETITION NO. RZ11-13NC-02 Approved: Page 2 of 6 STATE OF GEORGIA ORDINANCE NO. 11-06-98 COUNTY OF FULTON PETITION NO. RZ11-13NC-02 RECOMMENDED CONDITIONS RZ11-13/VC-02 If this petition is approved by the Mayor and City Council, it should be 0-1 (Office - Institutional) and AG -1 (Agricultural) 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. 2) To the owner's agreement to restrict the use of the subject property as follows: a) Office -Institutional and accessory uses on 1.32 acres of 3,524 square feet for offices and 2,216 square feet within two accessory buildings or at 4,348 square feet per acre zoned, whichever is less, but excluding, billboards, day care facilities, rooming house, boarding house, assembly hall, clinic, community center building, convalescent center/nursing home/hospice, dancing school, financial establishment, funeral home, group residence, gymnasium, health club/spa, hospital, hotel, library, motels, museum, parking garage/deck, parking lot, personal care home, recording studio research laboratory, stadium, and any uses permitted through a Special Use Permit that requires 0-1 (Office -Institutional) zoning district other than church or cemetery use. Above described acreage shall be zoned 0-1 (Office -Institutional) Conditional. b) Agricultural (AG -1) located on 1.15 acres within the Hayfield Subdivision including but not limited to Haystack Lane, common area/30 foot detention access easement and portions of lots 1, 2, and 13. Above described acreage shall be zoned AG -1 (Agricultural). To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on April 11, 2011. 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 Certificate of Occupancy. Page 3 of 6 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 11-06-98 PETITION NO. RZ11-13NC-02 3) To the owner's agreement to the following site development considerations: a) No more than one entrance/exit onto Providence Road, no vehicular access shall be derived from Haystack Lane. b) Parking areas shall be gravel except for the required handicapped space. c) To provide a 10 foot side yard setback adjacent to a street along the east property line. (VC 11-02, Part 1) d) To allow off-street parking within the side corner yard along the east property line. (VC 11-02, Part 2) e) To provide a 20 foot buffer along the west property line as shown. (VC 11-02, Part 3) f) To delete the 50 foot buffer and 10 foot improvement setback along the north property line. (VC 11-02, Part 4) 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Access to the site shall be subject to the approval of Milton Public Works, prior to the issuance of a Certificate of Occupancy. Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances, or be reconstructed to meet such criteria if required by City of Milton Public Works Department. Page 4 of 6 STATE OF GEORGIA COUNTY OF FULTON z ORDINANCE NO. 11-06-98 PETITION NO. RZ11-13NC-02 -�Ow patJ��'�•rfYRWIM1tSY�Rt•it*LSA--�— hd a«poa�.�pmagpgl'MWTA ilf I-•aamplo.�r©©� b s a ® i i•;t�� j i i s�lss,t:tsl 1 i iii ii ii ii''Idi dd Id 1dd I NJ �I �dl iid� z � 91 Id � l' I e Edi .. li li »__ di .. I .� P" •$ as •CF ��! i d is dss CCC��- i p ii ii dd Igo .4 �'� I � it �1;� 64 sal .. di di 5aa. � ar tdi a •R •S 'R •e �rrr •} as •pF Site plan submitted on April 11, 2011 (west parcel only containing 1.32 acres) Page 5 of 6 STATE OF GEORGIA COUNTY OF FULTON EASTERN TRACT 14355 PROVIDENCE ROAD ORDINANCE NO. 11-06-98 PETITION NO. RZ11-13NC-02 ALL THAT TRACTOR PARCEL OF LAND LYING OR BEING IN LAND LOT S45 OF THE 2!ODISTRiCT 2' ShLIlClN :)F THE CITY OF MILTON, FULTON COUNTY, GEORGIA, AND BE NE MORE PARTICULARLY DESCRIBED As rmows- COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERN LINE OF LL 845 WITH NORTHERN RAA OF PROVIDENCE ROAD (40` VM. TI IENCIE, EAST]ERLY, ALONG THE NORTHERm 81W FOLLOWI N6 I tit CURVATURE OF AN ARC TO THE RIGHT HAVING A RADIUS OF 1863.42 FFFT; ANI? AN ARC DISTANCE OF 100.132 FEET, SAID ARC BEING SUBTENDED BY A CHOW) BEARING OF N 8~52-E, AND A DISTANCE OF 200,00 FEET TO A POINT; TIHENCE, N 82-17-07- E A DISTANCE OF 9955 FEET TO A POINT, THENCE, N 83*40'59"E A DISTANCEOF 130.03 FEET TO A POINT, THENCE, N 33'45'51' E A DISTANCE OF 2.01 FEET TO A POINT; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE, DEPARTING SAID R/Vl, NORTHERLY, N 06'53'26" W A DISTA1110E OF 11539.49 FFFT TO A PnINT, THEN "E, N 16.IS-06" E A DISTANCE OF 195.01 FEET TO A POINT; SAID POINT SEINE ON THE SOUTHERN LINE OF A 30' DETENTION ACCESS EASEMENT. THENCE, EASTERLY ALONG SAID LINE, 5 89'3WSW E A DISTANCE OF 124.72 FEET TO A POINT; SAID 70INT BEI NG ON TILE WMERN MOST LINE OF A COM M ON AREA OF H"FI E LD SUBDIV15ION THENCE, SOUTH ERLY ALONG SAID LINE, FOLLOWI N 13 THE CUItVATIU R E OF AN ARC TO THE RIGHT HAVING A RADIUS OF 364.03 FEET, AND AN ARC DISTANCE OF 74.80 FEET qSHAD ARC BEING SUBTENDED BY A CHORD BEARING OF S 06"12'02" E, AND A DISTANCE OF 74.67 FEET TO A PLOINT, THENCE, S 0V5IT58" E A DISTANCE OF 95A4 FEET To A POINT, THFNC.F, S 89-46-117" W A DISTANCE OF 4.89 FEIET TO A POINT; TI)ENCC, 5 02-02F48" E A DISTANCE OF 162,19 FEET TO A POINT, SAID POINT BEING ON THE NORTHERN fl/W OF PROVIDENCE ROAD (40-R)W) THENCE, WESTERLY ALONG SAID RM 5 83-2010" W A DISTANCE OF 5.02: FEET TO A POINT, THENCE; 5 83#45*51" W A DISTANCE OF 167.39 FEET TO A POINT; SAID POINT BEING THE TRUE POINT OF BEGINNING. SAID TRACT OR PARCEL OF LAND CONTAINS 1.3226 ACRES AS SINCIAIN ON PROPOSED ZONING DISTRICT EXHIBIT FOR SEGARS & SNIDOW, LLC PREPARED By DAVID A. BURRE ENGINEERING AND SURVEYORS, INC., DATED APRIL 5, 2011. RECEIVED RZI I A 3/VC1 1 -02 1 �2crf city.afmiltal C4rTmrAyr%-Al3pmq,,' Page 6 of 6