HomeMy WebLinkAboutOrdinances 24-01-549 - 02/05/2024 - Rezoning from AG-1 to R-5A to build 13 Single Family Homes - Bethany BendORDINANCE No.J.'-f -Dl-5tf-9
PETITION NO. RZ23-10
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO APPROVE A REZONING FROM AG-1 (AGRICULTURAL) TO R-5A TO
BUILD 13 SINGLE FAMILY HOMES ON 3.133 ACRES LOCATED AT 3475, 3485 AND 3495
BETHANY BEND
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
session on February 5, 2024 at 6:00 p.m. as follows :
SECTION 1. That the Zoning Ordinance of the City of Milton be amended , so
that the following properties located at 3475, 3485 AND 3495 Bethany Bend,
consisting of a total of approximately 3.133 acres as shown on the legal description
attached hereto as Exhibit "A", be approved for 13 single family homes Zoned R-SA
subject to the Conditions of Approval described in Exhibit "B": and
SECTION 2. That the Rezon listed in the attached conditions of approval, be
approved under the provisions in Article VI , Division 11, 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, as Exhibit B provided that any
conditions hereby approved (including any site plan) do not authorize the violation
of any district regulations; and
SECTION 4. 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 ; 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 5th day of February, 2024.
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Attest:
(Seal)
Approved:
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EXHIBIT "A "
Lqal Oewiptlon
All that tract or parcel of land lying and be nc n Land lot 972 of the 2nd Dim ct of the 1st ~10n,
Fulton County, Georgia conta ining approx im ately 3 133 acres , ore or less , according to a plat of survey
dated August 16, 2023, prepared for ~thany Bend Propert ies by ravis Pruitt & Assoc iates, Inc .,
certified by Kev in Glenn Pate Georg a Reg istered Land Surveyor No . 3499 and . according to such plat of
s rve be n ore part icu lar d cr ib d as ollo ws:
To ind t he Tru Pont of ~g,nn in comm nee l rom h n
and he ~t~n Road R ght -of. ay ( /W Va • s); t nc
pin ound (2" car Jack ), wh ch is the True Po 'nt of Be
Thence i th • C a rad .68 f et , an o f 21.49 , .ind
a chord bearing o ond s E st f 21 .37 ee to an
ron p n found ( 1/2' Rebar ); ru n
Thence Sou 10 de gree~ 06 l nute_s 28 s di s an c of 10 . fe t o n ron p n t ;
run
nee w1 h .i curv to th r ht h
a chord arln of Sou h 3 degre
iron pin found (1/2" b r); run
T nc South 33 d r
run
T ence Sou t 30 degree s 5
set ; run
o r 993 9 1 f re I n of 270 55 e t, nd
22 cond_s East a dista nc of 269 .71 f t o an
onds E st distance of 34 85 f t to an iro n p n s t,
i d istanc of 19 60 et o in i ro pin
1n t s 08 seco nd s e t dti.ta nce of 49 20 eet to n ron pi n
Thence North 40 degrees 21 minutes 52 seconds West a distance of 156 .31 feet to an Iron pi n
found (1/2" Rebar ); run
Thence North 42 degrees 46 m nutes 55 seconds hsl ad sta nce of 27 .43 feet to an iron pin
found {1 M CTP); run
Thence North 89 degrees 51 m nutes 58 seconds West a distance of 75 .26 feet to an Iron pin
found ( 112• Rebar ); run
Thence North 00 degrees 29 minutes 14 seconds East a dista nce of 148 .41 feet to an iron pin
found (1/2 • Rebar ); run
Thence South 72 degrees 47 mi nutes S4 seconds Eut a distance of 125 .19 feet to an iron p n
found (l/2" Rebar ); run
Thence North 00 degrees 2S m nut es 07 seconds East a distance o f 400 S8 feet to an ,,on pin
found (2" Car Jack }, wh ic is the True Po int of Beginn i ng .
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S.ld PA>JMtrty more ful described accordJng to the above referenced .,..t. whJc:h i$ ~ted
hf(einby
Thlsflpl dw:,fP.don fs pre.-,edso.lyforthe ~ otfacilttatllt11a land apptlcadon and
sbould not be relted upon for any other purpoa.
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EXHIBIT "B"
CONDITIONS OF APPROVAL
Property located at 3475, 3485 AND 3495 Bethany Bend for Rezoning from AG-1
(AGRICULTURAL} to R5-A (SINGLE FAMILY RESIDENTIAL} 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.
l) To the owner's agreement to restrict the use of the subject property as
follows:
a. Single family detached dwellings and accessory uses and structures.
b. No more than 13 total dwelling units at a maximum density of 4.15 units
per acre, whichever is less , based on the total acreage zoned.
Approved lot/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 lots/units within the
approved development meet or exceed all the development
standards of the City of Milton. The total lot/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 Site Plan submitted to the Community
Development Department on October 20 , 2023, and 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
rezoning. Notwithstanding the contents of the site plan, the project
must meet or exceed the requirements of the Zoning Ordinance, all
other applicable city ordinances, and these conditions. 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.
b. All areas which are not part of an individual lot and held in common
shall be maintained by a mandatory homeowners association , whose
proposed documents of incorporation shall be submitted to the
Director of Community Development for review and approval prior to
the recording of the first final plat.
3) To the owner's agreement to the following site development considerations:
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a. Minimum heated floor area per unit -2,000 square feet.
b. All lots on the site plan submitted October 20, 2023, shall be rear
loaded, alley access lots.
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. Area shown on Lot 1 as Proposed ROW for construction of right
turn lane on Bethany Bend shall be donated to the City and
graded to provide clear line of sight for new intersection
b. Installation of screening and vegetation behind the alley, behind Lots
1 6 as approved by the City Arborist. an 8-foot landscape strip behind
all alleys, with alleys to be no greater than 12 feet in width as approved
by the City Arborist.
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SITE PLAN SUBMITTED ON OCTOBER 20 , 2023
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