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Home My WebLink AboutORDINANCE NO 14 07 212STATE OF GEORGIA ORDINANCE NO. 14-07-212 COUNTY OF FULTON PETITION NO. RZI4-10NCI4-01 AN ORDINANCE TO REZONE FROM 0-1 (OFFICE-INSTITUTIONAL) TO 0-1 (OFFICE INSTITUTIONAL) FOR AN 86 UNIT ASSISTED LIVINGIMEMORY CARE FACILITY WITH A TOTAL OF 74,000 SQUARE FEET LOCATED AT 13941, 13943, AND 13945 HWY 9 HAVING A FRONT AGE OF APPROXIMATELY 469 FEET CONTAINING 5.3 ACRES BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on July 21, 2014 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 Hwy 9 with frontage of approximately 469 feet, consisting of a total of approximately 5.3 acres as described in the attached legal description, be rezoned to the 0-1 (Office-Institutional) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 831 of the 2nd District 2nd Section, City of Milton, Fulton County, Georgia; and SECTION 2. That the 0-1 (Office-Institutional) zoning listed in the attached conditions of approval, be approved under the provisions Chapter 64, Article VI, Division 16 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and Page 1 of8 SECTION 6.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 21 st day of July, 2014. Approved: Attest: Sudie Gordon, City Clerk Page 2 of8 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be 0 -1 (Office Institutional) 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) An assisted living/memory care facility with no more than 86 living units. b) No more than 74,000 square feet at a maximum density of 13,962 square feet per acre, whichever is less, based on the total acreage zoned. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on June 18,2014. 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) Height shall not exceed three (3) stories and 36 feet from average grade to the roof eave. (VC 14-0 1 ) b) Preserve trees identified as 1,5, and 6 on the exhibit attached. (RZ07-1 0) c) Prior to the issuance of the Land Disturbance Permit, an approved combination plat shall be completed for the existing four parcels identified as 22424008810130, 22524008310370, 22524008810098, and 22524008310537 into one parcel. d) Final design of the site and building to be approved by the City Architect. Page 3 of8 4) To the owner's agreement to abide by the following requirements, dedication, and improvements: a) Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 55 feet of right-of-way from the centerline of SR 9 along the entire property frontage or as may be required by GDOT. 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements. 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 9 according to cross sections in -Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc... ) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department or GDOT. iii. Installation/modification of the following transportation infrastructure according to GDOT Standards and Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) NB Right Turn Lane on SR 9 at new access drive, 2) SB Left Turn Lane on SR 9 at new access drive. b) Reserve for the City of Milton sufficient land and entrance configuration necessary to provide for compliance with the Comprehensive Transportation Plan, proposed SR 9 widening project PI 0007838, and proposed intersection improvement project PI 0012625 SR 9 at Bethany Bend. c) Access to the site shall be subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. Page 4 of8 d) Modify site plan to provide a minimum 26 foot wide cross-access drive aisle within a 50 foot access easement for future vehicular and pedestrian inter-parcel access on the north and south property lines or as may be approved by the City of Milton Public Works Department. 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 permit application. Page 5 of8 Ci~y of Milton t2{«(1 Oo3.r1'lOld P3r~.\·.'g' &IhI 'D~C ~U!tn, G)' 2(':~~---------------- Page 6 of8 ----~ )\ I ~. j,f " . \ I 1\ _ " . II . ~~ ~ \ \ I 1 ~,I I . I I ... t\.\ ~: \-\ \ . \J ~ r·..\ '"j,.- -,.~ I ~ -'';1 \:\ ~ i' t\\' ,-. ~:---~j_/ :-~-:~ /"\.~-=""" --~."j,r'l 1. ------~---7__ ___ --\\ = ::..... f! t--}7..=--r:"';Y-~-~----~--..; ,.... ,...;:..u ... ..,/"=r== D _._ .' /:I RKS Green -~-• 0 Consulting Group~-"---'. _-r... . ~ ~--~ 11Ot--r...... 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DtII\'tEI,..II,ICI" SITE DATA P"IrDI"CI2D~------c:Jl Al'l'lJCAHT f'I1()f~~LMNG pl;,fNNe5AW, GtC:JRG1A. !OI......FHOEN1X SENIOR LIVING CONTACT, .JE5S[ MARlW"", 77O-6n-lM3CfTY orMILTON.GA "'<t 0 ~ N 0:5 UJ z :::::)..., Z 0 0 QOUJ 1= '+-< 0 r-~ <!) dl 01) :::::) <'l p..e/) Z « .-J a.. UJ f- e/) 0 UJ e/) >UJ a:::: LEGAL DESCRIPTION A.LL THAT TRI-\CT OR PARCEL OF LAND LYI ~W I:--J L.A~JD I_OT 831 OF TilE 2ND DISTRIC T, 2ND SECTION, CITY OF MILTON, FJLTON CJUt-.JTY, GEORGIA, 8 INC; MOHE PARTlCUlARL Y OEseR BED AS FOLLOWS: OCGINNING AT A #4RE eAF~ FOUND ,A,T Til ::: INT[;~~E CTIOI\J OF THE EASTERN Rj"N OF ,1\LPH.A~ETIA. HIGHV'lAY (80' R/V,I) A.ND ThE NORTHEI~N LINE OF LAND 101 R,,',', SAlI) ~OIN H~ IN{; L.,f·. TRUE POINT OF BEGINNING: THENCE. r~ 89'34'26" E A DISTANCE OF !:)!:;1 . /4' W A. #4 RE-BAR FOJND; TH '" NCE, S OO'SI'15"'JV A UIS1,e..rKE Of 442,74' ~o ft, #4 RE-BAR FDLND; THENCE, S ~trD7'13" IN A DISTANCE or 244,.)6' TO ,t.. 2" OPEN TOP FOUND; THENCE, S 85'53'27" VI A DISTANce or 22:'.2tf TO /'0, ~jAIL rOUND 0\1 TIIC E/\STERN R.jVi OF ALPHARETlA HICHINAY (80' R/W); Tl rENeE, N OS'YJ'LS" W ,'\ DISTANCE OF ~68.6'f !\lONG THE R/V'i TO THE TRUE POINT OF BEGINNING. Sf\ID rRACT CONT/,INS 5.3019 Ac~rs. RECEI\/~r AP~ 2 9 l ll' CITY '. COMMurJ"~' ,I Page 8 of8