The URL can be used to link to this page

Home My WebLink AboutORD. NO. 18-03-343 - 03/19/2018 - U18-02/U18-03/VC18-021 1 ORDINANCE NO. 18-03-343 PETITION NO. U18-02 U18-03 VC18-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE TWO USE PERMITS FOR APARTMENTS (SEC. 64-1839) AND SENIOR LIVING (SEC. 64-1834) ON 4.37 ACRES LOCATED AT 12655 BIRMINGHAM HWY. 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 12655 Birmingham Hwy consisting of a total of approximately 4.37 acres as described in the attached legal description, be approved for Use Permits for a Apartments and Senior Living with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1 134 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the Apartments and Senior Living listed in the attached conditions of approval, be approved under the provisions Sec. 64-1839, Sec. 64- 1834, 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. Page 1 of 6 ORDAINED this 19th day of March, 2018. Attest: Sudie Gordon, City(Clerk 1 Approved: l Joe Lo wood, Mayor Page 2 of 6 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, a Use Permit should be approved for Senior Housing (Sec. 64-1834) and a Use Permit should be approved for Apartments (Sec. 64-1839) 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) Senior Condominiums (U 18-02 - Senior Housing and U 18-03 - Apartments) b) No more than 42 total dwelling units at a maximum density of 9.6 units per acre, whichever is less, based on the total acreage zoned. Approved unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all units within the approved development meet or exceed all the development standards of the City of Milton. The total unit yield of the subject site shall be determined by this final engineering. 2) To the owner's agreement to abide by the following: a) To the site plan received by the Community Development Department on January 5, 2018. 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) To delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each unit. (VC 18-02) 4) To the owner's agreement to abide by the following requirements, dedication and improvements: Page 3 of 6 1 1 a) Access to the site shall be subject to the approval of City of Milton Department of Public Works, prior to the issuance of a Land Disturbance Permit, Subdivision Plat or Certificate of Occupancy (whichever comes first). Entrance(s) shall conform to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances. b) Provide two driveways at locations coordinated with Northeast Crabapple Connector Roadway project and approved by Milton Public Works. 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. Page 4 of 6 1 1 1-1 h�k�k7H�b7F�H�]�1F1�1k7yFl�ih37f7F�H71��1H� qqq ggqSSq �-. ®OQ��1'v®eRHoe6�. NTf1Yfr _ !• -� i �� i i � i:lliaaa r:i�fi�-:IFCFaiaerlrto:t•eo �"� I�' 1 � AMI � '{ pis X5..1 i i •i iii �a � �'� � d 3 Bifid iii., 1 { 333 � •::;,�'• `, i � �� /61JLO5 1NGININKING GROUP Site Plan Received on January 5, 2018 Page 5 of 6 .� .. ': '1110 CHO.-IJ11SGG /61JLO5 1NGININKING GROUP Site Plan Received on January 5, 2018 Page 5 of 6 1 RECEIVE[;, 0 18-02 a AN 0 5 2018 U18-03 City of Milton Cplt MUnity DeveloPMf"' Lcul D"criptinn Sirayttwrr% Field-, Miitom, L1.(' VM ^ _03 All TI IOSF TRACTS OR PARCFI_S OF 1 AND LYING AND BEING IN LAND Lo 1", 1 1343 2ND DISTRICT. 2ND SECTION. FUI TON COT INTY. GEORGI A. AND BEING MORF PARTICULARLY DESCRIBEDAS FOLLOWS: t'OMVIF\('F• At I III. CONS114141ION CIN I 1 RI INI. IN"II RSI*CI'ION OF SR 372.111RMIN6HAMIIR.IIWAYIKW VAKII'S1—SI.A111 00.26 ANDBRA\YAN TR AIL I K,\\' V'ARII SI — S FA 174-1164 ASM R RIGHT OF W 1Y PI.AN FOR GA II\WY PROJECT NO. CSHPP•(N)074x)(3I II DR 54879;59-65: TUNCI: 5 R1".37'31" F 138.67'TO IHIE IRI F POINI OF HF.(il\NI\G FHVN( F FROM POI\ F OL RI GI\NING A1.()\(i SAI I) R• W OF SR 372 N 05"03'48" L. 33.27' 11) A POINT: 1'11I'NCF N 81056' 15" N', 46.04' TOA POINT: THENCE N 52'14'57" N'. 12 2I' FO A POINF: THEN( F Al ONG A CURVE 1-0 1 HF 1+1 I I IAV'IN(i A RADIUS OF 79.00' AND.\\ \RC DISTANCE OF 25.78' (CHORD N28"27'08" W. 35.67') TO A POINT. THENCE ALO\G A ('('RVI 10 1111. RIG( VI I IA\'ING A RADIUS OF 141.00' :\ND Ati ARC DIS G\\CF OF 67.14' (('(TORI) N22"14'{9"W'.66.51')TOAPOINF: IHENCENIO"48'tu' L.38.41'IO.APOIN'F: THENCE N 04"51' 17" W'. 35.84' TO A POIN 1: I HI:N( I. 1 1`A\'IN(i SAID RtVV A\D RUNNING ALONG THE PROPERTY OF FF LION COI N IY HOARD OF Ii1)11('ATION S 89" 16' 16" E. 962.43' TOA 1'2" RFBAR. 11IFNCi'. ALONG THE PROPERTY OF BRUCE HARRIS S 07"40'56" F. 'x181' TO A I:2" REBAW THENCE ALONG THI. PROPER I Y CRINPIOP PIPIT: THF\('( AI ONG TI IL PROPERTY OF WILLIAM I URNER N 99"'28'59" W. 177.59' TOA I" PIPE: THE\i F ALU\G 1 HL- PROPERTY OF HAI FRA/IFN N 89"31'07" N'. 131 38' TOA I '•i" FLA1 IRON BAR: 11IFWI AI ON(i HI' PROPERTY OF RED BAR\ CKABAPPL1.. Ll.( \ 89"24'33" W. 321 42' 11) A 112" RERAR. THENCE CONTINUING ALONG PROPLKI-Y (►L RL:D ItARN CRABAPPLE. LLC N 89"24'24" W. 55.08' 10 111L I'OIN I OF BFGINNING SAID TRACT CONTAINING 1.37 A('RI S ACCORDI\G TO PI AT OF SI IRVF\' F(')R STRAW BLRRY FILI DS MILTON. 1 1.(' I)ATLI) 1AN11 \Kl 4. 2017 BY BI ACKNIAR LAND St IRVEYIN6 PROJFCT NO, 1411 Page 6 of 6