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Home My WebLink AboutORDINANCE NO 15 10 260STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 15-10-260 PETITION NO. RZ15-14/U15-04NC15-03 AN ORDINANCE TO APPROVE A REZONING FROM AG-1 AND 0-I TO 0-I FOR A DAY CARE FACILITY AND A USE PERMIT FORA PRIVATE SCHOOL (SEC. 64-1809) ON 2.89 ACRES LOCATED AT 3503 AND 3505 BETHANY BEND. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on October 19,2015 at 6:00p.m. as follows: SECTION 1. That the Zoning Ordinance of the City of Milton be amended, so that the following properties located at 3503 and 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 2"d District 1st 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 5.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 191h day of October, 2015. Approved: Joe Lockwood, Mayor Attest: 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 and proposed 6,000 square foot structure not to exceed 8,000 square feet in size at a maximum density of 2,759 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 150 . c) Restrict the days and hours of operation to Monday through Friday 7:30am-6:00 pm. Hour limitations shall not limit special events. 2) To the owner's agreement to abide by the following: a) To the revised site plan received by the Community Development Department on September 23, 2015. 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) Provide a 20 foot landscape strip along the north property line. (VC 15-03, Part 1) b) Provide a 20 foot setback for recreational areas along the north property line. (VC 15-03, Part 2) 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 prior to the approval of a Certificate of Occupancy, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right of way from the centerline of Bethany Bend along the entire property frontage 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. Reserve 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage iii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend 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 iv. Provide installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1. Northbound Left Turn Lane on Bethany Bend at new entrance access drive, to tie into turn lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Certificate of Occupancy. i. No vehicular access to Morris Road 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. ------------------------------------~ ;;u m < (/) m 0 (/) ~ m IJ I )> z (/) c CP ~ ::j m 0 (/) m IJ ~ m ~ CP m ;;u "' 0J "' 0 __. U1 \ '\ \.. __ __ '\,:). FLOOO HAZARD STATE:Jr.IEHT ~~ _ ... te_.,_, -~ ........ PROPERlY ADDRESS: J505 BElHANY ROAD JOOJ BElHAI'JY ROAD NL lOH, CA J0004 \ \ .. __ , \. __ ... ','\. ~ i 5C.It£ ,. -eo" ',, ', ',, 6ll •LCG,"C• flOE: 1t.L ll'DI3 r .. lHIS lflZ:IIJ WA'I' HOT N'f"fAft CJ'I 'HS "-1\1. AKA ALSO IQ-.,..1 A5 t.1 N£~S ~ AS f"!lll: Dfnl r.vP" f"'IW eft fe~Wfft.Y APP Alii ~ PlA 1 JJM. NJ1A. rv.JHO 8l II4JI.DINO (£1IAOQ l.l€ " l'lJ\T -~-~ CP CEMPUTm POUT PCB POIIT Of !EDt,_-4C CTP CAIWP TDP PM: rOUtiD POO POIIT Of ~IJCORIT D Dfm (~ ft ,..QJS LD&rH DW DFI~WAY ~ AIOWT-DF-WAV B"' fDIZ 01" r'AY91tEJ.IT Nlf flllflf'tRDI"jj; ISM I'O.I'IJ FF[ Fl'n-4 R..OOA £1.£W.l1DU (1,/'2"' UUO) fKA f'alllrlffJit.Y .atO'M4 AS fillS 112• ftEJff"'OftQUQ I!IAft XT Pr IROf~ Pl.l RUO SW SIDfWH.K HWD twD 'MXltl 11H IJ'IO utUSS NOTUI 0Tl£R\1$E tt. melD~~'" ~'-:~ lM: llL l.AtiO LOT Lr..f: Pill HNOWOCD 'Wf ----P'-PIIJ[ TMI: -1-iEWflll Uff ·01~14 u .... _..,. .. •tM, LIIC I t.l'll.--t ·~·· .Oil ...... ~ ~ll.DII ltM •• UJCU•tu.~1CI Itt .1\TrM. .....cBIWWI~ PRo.ECT REZONING PROPOSAL ~OR: JfiSDARIUN LLC ARCHITECTURAL SITE PLAN 3503 d: 3505 BETHANY BEND L.Af.l) LOT 173 • 174 2t.JJ OISTRJCT FU.TON COUNlY, I:EOf!QA RZ tfTERNAllCJ'VrL CORP. -CONTRACTOR 1/IISDARIUI\4 LLC DOING BUSINESS /lS 1ST SECl'10iol OAlE SEPT. 111, Z015 SHEET HO. RED APPLE ACADEMY MotJ1ESSORI AS1 Ja!lf'aJMafl'l~ l"tKR:: (4D4)Zn-al27 All TH.6.T CERTAIN TRACi OR PARaLOF LAND LYING AND 3EING IN LAND LOTS973 Arm 974 OF THE 20 DI51RICT 1ST Sl:CTION OF FULTON COUI'IlV, CA, ANO B£1NC MO'Il:: I"ARTICULA'Il.LY DESCRIBED AS rcliiOWS: IU AHfWEATTHE POINT OF BEGINNING, BEGIN AT THE SOUTHEAST iNIER.SECTION Of BETHANY BEND, 50 F::>OT RIG liT OF WAY, WITM THF NORTHFt..<;T INTFRSEC.TlmJ OF MORRIS ROAD, 50 FOOT RIGHT OF WAY; TO AN lfl.UN 1-'IN SET ANDTI1ETF.Uf POII'ffOF 5EGINNING; -HENC~ TRAV:LUN6 S66"0C10"WA DISTANCE OF 31.85' TO AN IRON PIN SET; THENCE TRAVELLING 56'31'22"WA OISTAN(':r 01= 4 ) "'>8' TO AN IRON PIN SET;THENCt I"<A\'EUINCi N03.33.28"W A DISTANCE OF 102.74' TO Al4 IRON PIN SET; THENCE TRAVH LING N86"17'08"WA DISTANC 0~ 14&.54'TO A CALCULATED POINT;'THENCE I RAVElUNG ALOt;G THE APPROXIMATE ~EEK BANK THE FOllOWING BEARINGS AND DISTANCES: N41.2l'3?'Vtl A DISTANCt Or 52.8&'; THENCE N40"•10'2!l"W A DISTANCE OF 33.34'; THENCE N82.S8'36"W A DISTANCE OF 21.13'; N.34'14'59'W A DISTANCE OF 27.68'; THWCE N8a"24'11 "W A DIS'TAOCE OF 27.12';TH fNCE N27"34'24"W />.DI)TANC[ OF 32.7:3'; TIICNC£ N:JL•J4'46'WA DIST.<\NC£ OF S<;.?.ll'; THENCE NBl"SS'Ll"W' A DISTANCE OF 25 01'; THENCE N34"55'56'WA DISTANCE OF 4.75'; THENC£ N46.50'14''W A DISTAffCE OF 202..12' TO A CA~CUlATED ~11ofT, THENCE TRAVElliNG ~R6•3S'OO'E A DISTANCE Dr 502.22' T::> A CRIMP TOP PIPE; THENC~ lRA'II=IIIW; .s~·4o;'(lO"f A DISTANCE OF 181.07 TU A 1\t:ISAf< FOL>NO; THENCE TRAVElliNG 508.2:3'57"[ A DISTAI\CE OF 243.89' TO A REBARS~T AN,D THE TRUE POINT 0~ llEGtNNING. SAtD HACT CONTAINING 2.89ACRES, AND KN.OWN 1\S 3503/3505 BETHANY 5Etm ACCORDING TO NUM~t:KIN(j !i''!>llM U!itll IN l-Ull UN C.:UUNI Y G COrtGIA. AS PER PLAT 0 r; SURVE\' P REPIIREO BY SURVEY .SYSTEMS & ASSOCIATES, INC., CHARLES W , LOVELlSS, RE61STERED LAND SJRVEYOR #3030, DATED MAY 12,2015.