HomeMy WebLinkAboutORD. NO. 18-03-342 - 03/19/2018 - RZ18-06/U18-01/VC18-011
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STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 18-03-342
PETITION NO. RZ18-06/U18-01/VC18-01
AN ORDINANCE TO APPROVE A REZONING FROM 0-1 AND 0-1 FOR AN EXPANDED
DAY CARE FACILITY AND A USE PERMIT FOR AN EXPANDED PRIVATE SCHOOL (SEC.
64-1831) ON 2.89 ACRES LOCATED AT 3505 BETHANY BEND.
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on March 19, 2018 at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so
that the following property located at 3505 Bethany Bend consisting of a total of
approximately 2.89 acres as described in the attached legal description, be
approved Office -Institutional for a Day Care Facility and a Use Permit for a Private
School with conditions, attached hereto and made a part herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 973 and 974 of the 2nd
District 1 st Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the private school and day care facility listed in the
attached conditions of approval, be approved under the provisions Sec. 64-1831
and Article VI, Division 16, respectively, 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 all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
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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 19th day of March, 2018.
Attest:
. Z�W'-
' I �-' Sudie Gordon, City Ckark
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Approved:
Joe Lockwood, Mayor
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RECOMMENDED CONDITIONS
If this petition is approved by the Mayor and City Council, it should be 0-1 (Office -
Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 64-1831)
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) Restrict the use of the subject property to a private school and day
care facility in the existing structure on the southern portion of the site
and 9,500 square foot structure at a maximum density of 3,287.2 square
feet per acre, whichever is less, based on the total acreage zoned.
b) Restrict the number of students to 220.
c) Hours of operation shall be Monday through Friday, 6:30 a.m. - 7:30
p.m.
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 27, 2017. 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.
b) Prior to the issuance of a Certificate of Occupancy, comply with all
regulations of the Georgia Department of Early Care and Learning.
3) To the owner's agreement to the following site development
considerations:
a) To delete the landscape strip from 20 feet to 0 feet where existing
turnaround is shown. (VC 18-01)
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4) To the owner's agreement to abide by the following requirements,
dedications, and improvements:
a) If at such time the Department of Public Works determines that the left
turns into the site impact the operations of Bethany Bend, the owner
will be required to conduct a traffic study to determine if the
development warrants any additional improvements at no cost to the
city. If improvements are determined to be warranted, owner shall
install those at no cost to the city.
5) To the owner's agreement to abide by the following:
a) A stormwater management concept plan shall be submitted
and approved by Milton Public Works Department prior to
submission of land disturbance application.
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SITE PLAN SUBMITTED ON DECEMBER 27, 2017
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SAID TRACT OR PARCEL OF LAND CONTAINS 126.272 SQUARE FEET OR 2.8988 ACRES
AND BEING MORE PARTICULARLY DESCRIBED AND SHOWN ON PIAT PREPARED FOR
3505 BETHANY BEND BY SURVEY SYSTEMS 1St. ASSOC'.. INC.. DA(ED 5-16-2015 AND MOST
CIJRRF.N'r1.Y RFVISF.D 12-04-2017.
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RECEIVED
DE- 2 -, 2017
City of I'tiltua
Community Development
RZ 18-0b U 1g-Ql
LEGAL DESCRIPTION VC18-Oi
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 972 OF THE
SECOND DISTRICT, FIRST SECTION OF FULTON COUNTY. GEORGIA AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET AT THE INTERSECTION OF THE WESTERLY RIGHT OF
WAY OF BETHANY BEND (50' RIGHT OF WAY) WITH THE NORTHERLY RIGHT OF WAY OF
MORRIS ROAD (60' RIGHT OF WAY) AND RUNNING ALONG THE NORTHERLY RIGHT OF
WAY OF MORRIS ROAD S660W' 10"W A DISTANCE OF 31.85' TO A REBAR SET. THENCE
CONTINUING ALONG SAID RIGHT OF WAY S63°14'22"W A DISTANCE OF 45.58' TO AN
IRON PIN SET, THENCE LEAVING SAID RIGHT OF WAY AND RUNNING N03033'28"W A
DISTANCE OF 102.74' TO A REBAR SET. THENCE RUNNING N86°47'08"W A DISTANCE OF
148.54' TO A CALCULATED POINT, THENCE RUNNING N41°21'3T'W A DISTANCE OF 52.88'
TO A CALCULATED POINT. THENCE RUNNING N40°40'29"W A DISTANCE OF 33.34' TO A
CALCULATED POINT. THENCE RUNNING N82058'36"W A DISTANCE OF 21.13' TO A
CALCULATED POINT, THENCE RUNNING N34014'59"W A DISTANCE OF 27.68' TO A
CALCULATED POINT, THENCE RUNNING N84°24' 1 l"W A DISTANCE OF 27.12' TO A
CALCULATED POINT, THENCE RUNNING N27°34'24"W A DISTANCE OF 32.73' TO A
CALCULATED POINT, THENCE RUNNING N34°34'48"W A DISTANCE OF 55.28' TO A
CALCULATED POINT, THENCE RUNNING N91 059'41"W A DISTANCE OF 25.01' TO A
CALCULATED POINT, THENCE RUNNING N34055'56"W A DISTANCE OF 4.75' TO A
CALCULATED POINT, THENCE RUNNING N46°50' 14"W A DISTANCE OF 202.12' TO A
CALCULATED POINT, THENCE RUNNING N86035'00"E A DISTANCE OF 502.22' TO A CRIMP
TOP PIPE LOCATED ON THE WESTERLY RIGHT OF WAY OF BETHANY BEND (50'RIGHT OF
WAY) AND RUNNING SOUTHERLY ALONG THE RIGHT OF WAY OF BETHANY BEND
S3045'00"E A DISTANCE OF 181.0T TO A REBAR FOUND, THENCE CONTINUING ALONG
SAID RIGHT OF WAY S08°23'57E A DISTANCE OF 243.89' TO A REBAR SET AND T}IE
POINT OF BEGINNING;
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SAID TRACT OR PARCEL OF LAND CONTAINS 126.272 SQUARE FEET OR 2.8988 ACRES
AND BEING MORE PARTICULARLY DESCRIBED AND SHOWN ON PIAT PREPARED FOR
3505 BETHANY BEND BY SURVEY SYSTEMS 1St. ASSOC'.. INC.. DA(ED 5-16-2015 AND MOST
CIJRRF.N'r1.Y RFVISF.D 12-04-2017.
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RECEIVED
DE- 2 -, 2017
City of I'tiltua
Community Development