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Home My WebLink AboutORD 18-05-351 - 05/07/2018 - PETITION NO. U18-02 / U18-03 / VC18-02ORDINANCE NO. 18-05-351 PETITION NO. U18-02 U18-03 VC18-02 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO APPROVE TWO USE PERMITS FOR APARTMENTS (SEC 64-18391 AND SENIOR LIVING (SEC. 64-1834) ON 4.37 ACRES LOCATED AT 12655 BIRMINGHAM HWY. AND A VARIANCE TO DELETE THE REQUIREMENT FOR A MINIMUM OF 300 CUBIC FEET OF SEPARATE CONTIGUOUS STORAGE SPACE FOR EACH UNIT BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on May 7, 2018 at 6:00 p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the property located at 12655 Birmingham Hwy, consisting of a total of approximately 4.37 acres, as described in the legal description attached hereto as Exhibit "A", be approved for Use Permits for a Apartments and Senior Living subject to the Conditions of Approval described in Exhibit "B" hereto, and a variance to delete the requirement for a minimum of 300 cubic feet of separate contiguous storage space for each Senior Living Apartment unit approved hereby; and SECTION 2. That the Apartments and Senior Living Use Permits approved hereby are subject to the provisions of Sec. 64-1839 and 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 described in Exhibit "B" hereto, provided that no uses or conditions hereby approved (including any site plan) shall authorize the violation of any district regulations other than as authorized by the variance approved hereby; and SECTION 4. That all ordinances or part of ordinances otherwise in conflict with the terms of this ordinance are hereby repealed; and SECTION 5.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 Th day of May, 2018. Attest: Sudie Go don, Cit Clerk Approved: Joe Loctc ood, Mayor Page 2 of 6 EXHIBIT "B" CONDITIONS OF APPROVAL This petition is approved by the Mayor and City Council for a Use Permit for Senior Housing (Sec. 64-1834) and a Use Permit for Apartments (Sec. 64-1839) subject to the owner's agreement to the following enumerated conditions. 1) To the owner's agreement to restrict the use of the subject property as follows: a) The rear portion of the subject property that is located within the T-4 Open Transect Zone (2.34 +/- acres) only shall be used exclusively for Senior Condominiums (U 18-02 - Senior Housing and U 18-03 - Apartments) and allowed accessory uses. The front portion of the subject property that is located within the T-5 Transect Zone (2.03 +/- acres) shall not be subject to this use limitation, but shall be subject to the requirements and restrictions otherwise applicable pursuant to the Zoning Ordinance, including, but not limited to those uses permitted within the T-5 Transect Zone within the Crabapple Form Based Code District. b) No more than 42 total Senior Housing Apartment dwelling units at a maximum density of 17.95 units per acre, whichever is less, based on the rear 2.34 acres of the property located within the T-4 Open Transect Zone that is limited to Senior Condominiums in Condition 1(a). (The maximum approved unit totals are not guaranteed, and 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) Substantial compliance with the Land Use Site Plan dated January 4, 2018 by Shields Engineering Group, received by the Community Development Department on January 5, 2018, and attached hereto as Exhibit "C", whereby the exact layout of the project may contain minor deviations approved by the Community Development Director provided the deviations remain consistent with the purpose and intent of the Council's approval of the Use Permit. Notwithstanding the contents of the site plan, the project must meet or exceed the Page 3 of 6 requirements of the Zoning Ordinance, all other applicable city ordinances and these conditions prior to the approval of a Land Disturbance Permit. The site plan may be revised with the approval of the Community Development Director in order to comply with city codes and zoning conditions. 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 abide by the following requirements, 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). Entrances) 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. 4) 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 EXHIBIT "C" ggqqqqqqq5q4qqq5Gq5q � / 'rri 333 3 3333333 ,� y If r S �ililta��f�3ti ��i9dli � �y C, ! J w p'ill !t11lili1;EI II i RM ,? r A A ! • i SHIELDS 114GINEXILING GROUP Site Plan Received on January 5, 2018 Page 5 of 6 a ;A g STRAWBERRY FIELDS 12655 BIRMINGHAM HIGHWAY 1 ,� II—jpl S8 z 2ND INSTRIGT, LAM LOT 1134, I i RJLTON COUNTY CITY OF MILTON, GEORGIA . I� 8 �� SHIELDS 114GINEXILING GROUP Site Plan Received on January 5, 2018 Page 5 of 6 RECEIVES::' U18-02 JAN 0 5 2018-031 City of Milton community Devok)PmeflT Legal Descriotion Strainerr!, Fields Millom UX: AIT11I0SV TRACTS OR F%RCFLS or LAND L4NG AND BEING IN LAND LOTS 1131 ?"NI? DISTRICT 2ND SFCTION, FI,,j T(.)N COUNTY GFORGIA.AND BEING MOR 17 CONI'VI F WE 'A I H IT. (I )NSIR I R1ION ('I NH RLINI, I N'E1-RSl'.("r1O\ Of' SR 371BIRMIN611ANI HICAUMAY (RIM VARIES) -SIA 1110)0,26AND BRANN'AN VR Mf,(K,\VVARlI S)- STA 114-11 (15 A'' PER RJOIrl"OF WAYPVAN FOR GA I iM'Y PROJECT NIO. 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