HomeMy WebLinkAboutOrdinances 23-09-539 - 09/06/2023 - U23-02 Alternative Senior Housing - TAMMY UREY - 3450 Hamby RoadSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. J,o -09-539
PETITION NO. U23-02
AN ORDINANCE FOR ALTERNATIVE SENIOR HOUSING (SEC. 64-1844) LOCATED AT
3450 HAMBY ROAD WITHIN THE AG-1 ZONING DISTRICT
BE IT ORDAINED by the City Council for the City of Milton, Georgia wh il e in regular
session on September 6, 2023 , at 6:00 p.m. as follows:
SECTION 1. That the Zoning Ord inance of the City of Milton be amended, so
that the following property located at 3450 Hamby Road, consisting of a total of
approximately 2 .1 5 acres as shown on the legal description attached hereto as
Exhibit "A", be approved for a Use Permit for Alternative Senior Housing subj ect to
the Conditions of Approval described in Exhibit "B": and
SECTION 2. That the Alternative Senior Housing listed in the attached
conditions of approval, be approved under the provis ions Sec. 64-1844 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 as attached; provided that no uses or
conditions hereby approved (including any site plan) shall authorize the violation of
any district regulations or other zoning regulations; and
SECTION 4. That all ordinances or part of ordinances in conflic t 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terms of this ordinance are hereby repealed; and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 6th day of September 2023.
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U23-02
Attest :
(Seal)
Approved:
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U2 3-02
EXHIBIT .. A"
LEGAi. DESCRIPTION
All that tract or parcel of land lying and being in Land Lot 469 of the Second District and
Second Section of Fulton County, Georgia , and hcing 2 .146 acres as shown in a survey for
Jerry A. Hamby, Sr., Doris W. Hamby and Decatur Federal Savings and Loan Association,
dated October 18, 1988, revised December 21. 1988. revised October 24, 1989 , as prepared
by Webb-Farr & Associates , Frederick F. Kauffman . RLS No . 1774 . Said tract being more
fully described as follows :
TO FIND THE TRUE POINT OF BEGINNING , begin at an iron pin located at the
Northeast comer of Land Lot 469, aforesaid district and section, Fulton County, Georgia;
thence proceed south 37 degrees 53 minutes 52 seconds\\ est 662 .96 teet to an iron pin
located on the Southwestern right of way of Hamby Road, said Hamby Road having a' 60
foot, right of way and said iron pin being the TRUE POI T OF BEGINNING; thence
departing said right of way South 47 degrees 25 minutes 50 seconds West 414.93 feet to an
iron pin; thence North 02 degrees 09 minutes 14 seconds East 295.29 feet to an iron pin;
thence North 02 degrees 09 minutes 53 s\!conds East 171 .9 7 feet to an iron pin; thence
North 02 degrees 11 minutes 01 seconds East 154 .27 feet to an iron pin on the
Southwestern right of way of Hamby Road: thence Southeasterly along the Southwestern
right of way of Hamby Road and following the curvature thereof 442 .76 foet, more or less ,
to an iron pin and the TRUE POINT OF BEGlNNING (said distances along Hamby Road
sequentially follows an arc distance of 175 .23 feet. said arc distance being a portion of a
circle having a radius of 939 .70 teet subtended by a chord distance of South 4i degre~s 18
minutes 22 seconds East I 74 .38 feet; thence South 37 degree s 11 minutes 00 seconds East
159.02 feet; thence an arc distance of I 08.51 feet , said arc being a portion of a circle having
a radius of 867.53 feet subtended by a chord dist.Ince of South 38 degrees 59 minutes I 0
seconds East a distance of 108.44 feet.)
Tax ID#: 22-5350-0468-023-6
EXHIBIT "A"
nl
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EXHIBIT "B"
CONDITIONS OF APPROVAL
Property located at 3450 Hamby Road for a Use Permit for an Alternative Senior
Housing (Sec. 64-1844) 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 an Alternative Senior Living
Facility for ind ividuals with developmental disabilities, but not for use for
a sober living home, substance abuse recovery home or halfway
house.
b) Restrict the total square footage to 5,081 square feet of the primary
existing residence .
c) Restrict the maximum number of residents of the Alternative Senior
Living Facility to four (4).
2) To the owner's agreement to abide by the following:
a) Substantial compliance with the site plan received by the Community
Development Department on May 3, 2023, whereby the exact layout
of the project may contain minor deviations approved by the
Community Development Director provided the deviations rema in
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 requirements of the Zoning Ordinance, al l
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 Cert ifi cate of Occupancy.
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U23-02
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·PIIOPOSID USE : ALTERNATIVE SENIOR
HOUSING +
SITE PLAN RECEIVED
ON MAY 3, 2023
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