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Home My WebLink AboutORDINANCE NO 12 04 131STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 12-04-131 PETITION NO. RZ12-04 AN ORDINANCE TO REZONE FROM MIX (MIXED USE) TO C-1 (COMMUNITY BUSINESS) FOR 3,321 SQUARE FEET OF RETAIL SERVICE COMMERCIAL ON HIGHWAY 9 HAVING A FRONTAGE OF 119.22 FEET (22 52701047-276-5) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on April 23`d 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 on Highway 9 with frontage of 119.22 feet (Parcel 22 52701047-276-5), consisting of a total of approximately .609 acre as described in the attached legal description, be rezoned to the 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 Lots 1042 and 1047 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 Chapter 64, Article VI, Division 18 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 23`d day of April, 2012. Attest: '; � �v � .1 4 -i -r -y- I Sudie AM Gordon, City Clerk RECOMMENDED CONDITIONS RZ12-04 If this petition is approved by the Mayor and City Council, it should be 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 owner's agreement to restrict the use of the subject property as follows: a) Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 5,453.2 gross square feet per acre zoned or a total of 3,321 square feet excluding fast food restaurants and drive throughs, gas stations and associated gas pumps, commercial amusements (cinemas are allowed), liquor sales and package stores(upscale wine stores are allowed), (restaurants may sell liquor by the drink), motels, hotels, adult oriented entertainment businesses including adult bookstores, adult entertainment or adult entertainment establishments as defined in Article IX, Division 4, check cashing stores, pawn shops, coin operated laundries, video arcades (video machines that are incidental to otherwise permitted businesses are allowed), pool halls, stand alone massage parlors, stand alone nail salons, stand alone beauty salons, stand alone barber shops (clinical/therapeutic spas are allowed and may include less than 400 square feet of beauty/barber shops and less than 400 square feet of nail salon), flea markets, second hand surplus retail shops, roadside vending, roadside produce stands or seasonal vending, billboards, convenient stores and fortune tellers. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on February 7, 2012. 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. 3) To the owner's agreement to the following site development considerations: a) Provide tree density for the entire MIX (Mixed Use) development, not by individual parcels. (VC99-144) b) Allow shared parking according to Sec. 64-1411. (RZ03-081) c) No interior landscape strips are required. (VC99-144) 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Reserve for the City of Milton along the necessary property frontage of the following roadway, prior to the approval of a Land Disturbance permit. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers shall straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Sec. 64- 1090(a) shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation: 55 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. b) Dedicate at no cost to the City of Milton along the entire property frontage, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide the following right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the right-of-way is being improved: 30 feet from centerline of Highway 9 (SR 9) or as may be required by the Georgia Department of Transportation. c) 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. 1 EaQ��QRlloilcRl:•Y! 61 p! oil a SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 '� d•.a� A�tkt 'c tali . Iif � I t J�11t��t�� { t' 1 EaQ��QRlloilcRl:•Y! 61 p! oil a SITE PLAN SUBMITTED ON FEBRUARY 7, 2012 filr+ s Ci �r;i-i A � I'ructteet.l Doscriptiur�: title Dry C'!ean.2rs 'Baez t. -• The Slibons at WindV:,wd Vtllsrgc A i that Intel ur pti ccl of laid 1ving or bcine is Und Lots IIW,.. & U0.7 og t1w 2nd I miruct of liw 2?4 5ecticii: of Y*..1 Cit Cot:nre. City of;tiTil+fit;. t zm!.in nein;+, nlcrp particularly clrsc-ic>ed as fotlows: 11L-@hi::iae At .v print w-, the norlhwe.;tcri -ight o!!wr} ticorpi-i Hipliviny n (RPX- %.qdth varies) located ^70.1. fee, uurtheasunly of the iutetualon of the aiormaid rim t-uf- may with t, a norUIerly right-cif-w-nv Webh Road (69' R. -8v and varies), SAW �inT IV411P if er. '1'RLIE POINT OF BEGINNING: ilvmcc, S.691102-S"W. lcavim the eforomenlioned rigbt- of-way G -arj im Highway 9 L% distunce of :1.99 feet w a point; tlx ioc, N.ti +=QQ'S1 "11'. a distanec of 169.92 fr✓t to a p0iul: thencr, N,7?