HomeMy WebLinkAboutOrdinances 24-09-564 - 09/04/2024 - 3499 & 3501 Bethany Bend Rezoning for Private SchoolSTATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. rJLj -0 t/ -5"(p 't
PETITION NO. RZ24-0/U24-01 /VC24-01
AN ORDINANCE FOR A REZONING FROM TR {TOWNHOUSE RESIDENTIAL) TO 0-1
{OFFICE-INSTITUTIONAL) AND A USE PERMIT FOR A "PRIVATE SCHOOL" {8.4.1.G)
LOCATED AT 3499 and 3501 BETHANY BEND AND FOR THE REVOCATION OF AN
EXISTING USE PERMIT FOR "SENIOR HOUSING"
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular
sess ion on September 4, 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 property located at 3499 and 3501 Bethany Bend consisting of a
total of approximately 5.02 1 acres as described in the legal description attached
hereto as Exhibit "B", be approved for a Use Permit for a Pr ivate School and zoned
0-1 subject to the Conditions of Approval described in Exhibit "C "; and
SECTION 2. That the current Use Permit for "Senior Housing" on the property
described in Exh ibit "A" be revoked; and
SECTION 3. That the Rezoning listed in the attached conditions of the
approval, be approved under the provisions in Article 5. 1 of the Unified
Development Code of the City of Milton; and
SECTION 4. That the Riding Area listed in the attached conditions of
approval, be approved under the provisions 8.4.1 .G of the Unified Development
Code of the City of Milton; and
SECTION 5. That the Concurrent Variance (VC24-0l) be approved as
described in Exhibit "D"; and
SECTION 6. 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 other than as authorized by the
Concurrent Variance as described in Exhibit "D" approved hereby; and
SECTION 7. That all ordinances or part of ordinances in conflict with the
terms of this ordinance are hereby repealed; and
Page 1 of 9
Ordinance RZ24-02 , U24-0l , VC24-01
SECTION 8. This Ordinance shall become effective upon adoption by the
Mayor and City Council and the signature of approval of the Mayor.
ORDAINED this 4st day of September, 2024.
Approved:
Attest:
Page 2 of 9
Ordinance RZ24-02 , U24-0l, VC24-01
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EXHIBIT "A"
"SENIOR LIVING" USE PERMIT
STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO, 08-09-2'
PETITION NO, RZ08-08/ll08-04/VC08-414
AN ORDINANCE TO ALLOW FOR TR m>WNHQUSE RESIDENTIAL), USE PERMIT
FOR SENIOR HOUSING AND A CONCURRENT VARIANCE I PROPERTY LOCATED
AT 3501,3499 BETHANY BEND ROAD (22-5470-0972-0l5-8. 21-547Q:f9'7l:024:())
BE IT ORDAINED by the City Council for lhe City of Milt on , Georg ia while in reaular session on
September 1 S, 2008 at 6:00 p.m . as follows :
SECTION 1. That lhe Zoning Ordinance of the City of Milton be amended, and lhe official
maps esiablished in coMection therewith be changed so that the following property localed at 3S0I
and 3499 Bethany Bend Road (21-54 70-0972-01 S-8, 21-54 70-0972-024-0), consisting of a total of
approximately 4 .94 acres, be allowed a use permit for Senior Housing under the TR (Townhouse
Residential) District with conditions, attached hereto and made a part herein ;
ALL THAT TRACT or pan:el of land lying and being Land Lots 971 and 972 of the 2nd District J"
-Section, F11hon County, Georgia by the attached legal description; and
.,. SECTION 2. That the usc pcnnit and :zoning classificat ion as listed in the attached
....
conditions of approval, be approved under the provisions of Miele 19 .2.3 and Article 28 .ofthe
Zoning Ordinance of lhe City of Milton ; and
SECTION 3, That rhe property sha ll be develope.d in compliance wit the conditions of
approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do
not llllthorize the violation of any district regulations ; and
SECTION 4, That the official map, referred lo, on file in the Office of the City Clerk, be
changed to conform with the terms of this ordinance; and
SECTIONS. That all ordinances or pllt1 of ordinances in conflict with the tenns ofthis
ordinance are hereby repealed ; and
SECTION 6. This Ordinance shall become effective upon adoption by the Mayor and City
Council and the signature ofapproval of 1hc Mayor .
ORDAINED this 15th day of September, 2008 .
Page 3 of 9
Ordinanc e RZ24 -02 , U24-0l, YC24-01
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Approved :
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Attest :
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EXHIBIT "B"
LEGAL DESCRIPTION
Page 4 of 9
Ordinance RZ24-02 , U24-0l, VC24-0l
SURVEY LEGAL DESCRIPTION
!BAru
ALL. T ATTRACT OR PARCEL OF LANO LYING AN BE ING IN LANO LOT 972. DISTRICT 2, SECTICN
1, CITY Of Ml TON, FULTC , CO UNTY, GEORG .. -\; AND BEING MORE P.t\RTICULAR.Y DESCRl!E:O
AS fOlLOW5:
TO FIN'D HE POINT O BEGINNI G, COM M E.!.4Cs-AT A " SQ ARE KOO F0 ND AT iHt
!NT£RSECT10H OF THE SOU H I.I N OF LAND LC 'T 9'1 \I\IJT TH.E WtS rtR Y R GHT OF WAY Of
,BETHANY BENO (60' RJ'Nl: INCE. TR,\.ll:EJNG t~L.ONG. HE WESTERLY R GH OF WAY OF
eET ANY BEND NORTH CS DE.GRi:f:5 20 M IN IJTES 27 SECONDS WEST FOR A Dl5l ANCE OF 18 1.13
FE'fl TO A PON"; THFNCE CONTlN ING ALONG SAID RKH-fT OF WA.V NOR H 09 DEG=tE£S 15
MINUtEs.51 Sl:C()t.lOS Wl:ST FOR A DISTANCE: o;, 210 ,72 FEET -o AN IHON PtrJ SET, SAIO POI T
BEfNG THE POINT Of 6EGl,"fN[NIJ ·
THENCE ~AVING SAID RI.GHr OF WAY SOUTH as DeGREES 58 MINUTfS 30 SECON D:) WEST FOR
A DISTANCE OF 206 .39 F: TO A 1" 'lO FOtJ• D;TI-tENCE' NORTH 1 DEG EES 16 MINUTES 10
SECONDS WESi FOR A OISTANCE OF' 2I.O..a.J, FE TO A 1/2" OPEN TOP f'I PE J:0 NO; 'lllE Ct:
NORTH 27 DEG.REES !,7 MINUTE!i. l .S£COt'lDS WES • OR A OISTANCE. Of lt.l.00 FEET ro A
POINT; THEHO: NOii.TH 46 DEGREES O? W.INUTES SO SE>C Of\'.OS E:A...'iT~R A DISTANCE OF 2,119 .74
FEET TOA 2'' PIPE DISTIJRSED FOUND ON n-e: WESTER.LY Ri~H OF '.VAY Of BETHANY BEND;
Hi'E' t(E TitAl/eUNG A~O~ SAID R1<:HT OF ~VA IJ Tri:: FOL LOWl~G 'T WO (2) COURStS AND
DISTANCES : ALONu A CURVE TO TH illGiiT WI H ARC ~ENG TM OF 36!1.28 FEET AND A
AAOJUS OF -,200.38 FEIT, SEING SU!!Tf 01::0 SY A CfiOH!J OF SOUT r. 18 OE~REES 23 Ml ure.s
40 SECONDS UI\ST A DISTANCE OF 367 .S2 FEH TO JJ. POI NT; THENCE SOUiH 09 DEGA1:ES µ
M !NUTES 44 SECONDS EAST ~OR A DIST.!\NCE OF 161.68 ~EE'T TO l H E POI NT OF BEGINNI :{;i .
~AID TRACT 0111. PARCEL O LANO CO Al 'S 2:.:2.53 ACRES AND IS OEPfC,1;0 AS TRAC l 0
THATCERTA.IN AlTA/NSPS ~I.AT OF SUP.VE PREPARED 6V LANO;erm SURVEVIM AND
MAPPING ,, I C., SEALfD AN i> C:EA:TI ED SY JAM ES H. RAD ER, GRLS NO . ~3:3, DATED DECl:MBER
13 , :?023 .
All TliA'iiRACJ OR PARCEL OF LAND LYlt,,.G AND BEING I LAN() LOTS 971 A III D 9?2, DISTRI CT
:2 , SECTION 1, CITY OF M ILTON, U4,TQN COUNT\' GEORGI~ AND 5EINIJ l'/.OR;f PAA TrCUl.ARLV
DESCRIBED AS ;::QI.LOW~:
10 fl 1 D ntE P:Q NT OF S.:GIN , ING, COM M l:.NCE AT A l " SQUARE ROD OUN AT THE
INTERSEC110 , OFTf<E SOUTH LI i;; OF LAND ~O 971 WITT1 THE WfS-ER Y ~IGHT OF WA Of
6ETHANV 6~ND (60" RM,•)~ THENCETRAVEUNG ALONG T!-lE WES1EA.LY AIGHTOF WAY OF
Page 5 of 9
Ordinance RZ24-02, U24-0l , VC24-0l
S ~ANY BEN.D NOR 09 OEGREES 20 MIN ES 27 s_COND.S. wes-FOR A OlSTANCt 0~
181.B FE.ET TO AN IRON PIN Sc , SAi POIN r BEING Tt!E. PO NTOI= Bi:GINNING ;
THENCE LEAVING c D EI.IGl-ff Of WAV sour as DEGREES 55 MINU-fS.41 S.ECO"DS WEST OR
A Di.STANCt OF ~0,.SHEETTOA PONTON T E CENTtii:ll . E OF >Hflf~K; THENC E RAVELI G
ALONG THE. ·CENTERI.INT. OF SAIO Cil:EK T'HE FOU.OWINu !!, COURSES. AND OISTAl'I.CES: NOR-t,i
'12 Of.Ci.RE~~ 5.2 M INVTE5 .37 SEC-ONDS. WES "Cl\ A DISTANCE" Of .15.62 FEET TO A PO l NT;
THENCE NORTH 23 DEGRE.ES 26 MINUTi;S 58 SCCON SWIST FOR A DIS AN E OF 36.4 7 FEET
TOA POINT HENCE NORTH 46 o:GRE • ~ MINUTES 59 Si: ONOSWl:Sl Frat A DISTMJCE OF
50..91. F!:ET TO A POI Ti TtlENCE ORTH 81 DE.GR £"" 38 WINUTES 12 SECONDS WEST FOR A
DIS ANCE o-28.09 FE.ET TO A POINT: T ENCE SOlJTH l>~ DEGII.E'ES COM NUiES 21 SEC.ONOS
WES FOR A DISTANCE Cf 19',75 EITTO A POtNT;TH[ISCE N()RTk 'l:{ OEG~t:t:5 30 MINUTES 40
S CON DIS WESl FOR A 01$i'NJC:E OF 31.0S FEET TO A OI N : liHfNCE ~JOR TH 2.4 DE:GllHS 34
MIN UTES 03 SECON OS Wtsr FOR; A D!ST ANC£ OF 31.2 7 FEE.T TO A POll•J"lj THENCE NORTH 46
OEGR_.EES 27 ML U 1 5 l,~ S~CONDS WEST FOR A ~ST, 'CE Or: 62:.!H;\ F~IIT A POINT· TH ENCE
LEAVING SAID C\EE!C NORnl &S o;:GJtFES 03 MINUTES 47 SECONDS EAST FOR DISTANCE OF
4 S.2.,6S. FEET TO Al" KOO FOl,JN P; THEN CE NORrH 8S DEGRfl:S 513 Mlfl:UTCS 30 SECONEJS tfiST
FOR;., DISTANCI; On.06.39 FteTTO AN IRON Pl SETO , Ti'IC WEST :RLY RIGHT OF WA'\' Ut
81:1 HANY 81;:NO;lHENC E TRAVUIN'G ALONG SAJID AJGfiTO F W/J,Y SOUT 09 DEGREES~
MINU'reS S1 SECONOS EAST PORA DISTMCE OF l:.0.72 F'EET O THE POlttT OF SE<:ilNNING .
s,1,10 TltACTOR fAf\CE'.LOF LANO CONTAINS 2.768 -'1.CRE ANO S DEPICTED AS TRACT 2 ON
THA7 CERTAIN AlTA/N:SFS P TOF SIJ RVf;Y PR PARED SY IA~DP OSURVrnNGA,ND
MAPPI G, INC., SEAL.ED ANtl ceR FIED ev JAMEi H, RADER , GRLS NO. !033, DATED DECEMBER
13 , 2023.
Page 6 of 9
Ordinance RZ24-02 , U24-01, VC24-01
EXHIBIT "C"
CONDITIONS OF APPROVAL
Property located at 3499 and 3501 Bethany Bend for to be zoned 0-1 and a Use
Permit would be approved for a Private School (Milton Unified Development Code
8.4. l .G} 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} Restrict the use of the subject property to a private school and
associated accessory structures and uses.
b} Restrict the number of students to 160 for the subject property and a
total school population of 310 students.
c) Restrict the hours of operation to Monday-Friday, 7:30 a.m. to 7:30
p.m. and Saturday from 9:00 a .m . to 5:00 p .m.
2) To the owner's agreement to abide by the following :
a) Substantial compliance with the revised Site Plan submitt~d to the
Community Development Department on June 28 , 2024 , 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 zon ing conditions. Unless otherwise
noted herein, compliance with all conditions shall be in place prior to the
issuance of the first Cert ificate of Occupancy.
3) To the owner's agreement to abide by the following requirements , dedication,
and improvements:
a} In lieu of sidewalk, developer shall construct a 12-foot graded and
grassed shoulder along Bethany Bend along entire frontage north of the
existing driveway to accommodate future operational and safety
improvements for pedestrians along Bethany Bend constructed by a
future City TSPLOST project.
Page 7 of 9
Ordinance RZ24-02 , U24-01, VC24-01
REVISED SITE PLAN SUBMITTED JUNE 28 , 2024
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Ordinance RZ24-02, U24-01 , VC24-0 l
EXHIBIT "D"
APPROVED CONCURRENT VARIANCE (VC24-02)
a) To delete the 20' side setback along the south property line for 3501
Bethany Bend (VC24-01 Part 1)
b) To delete the 10 ' landscape strip along t he south property line of 3501
Bethany Bend (VC24-01 Part 2)
Page 9 o f 9
O rd in a n c e RZ24-02 , U24-0 1, VC24-01