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Home My WebLink AboutORDINANCE NO. 07-08-40ORDINANCE NO.07-08-40 PETITION NO. UP07-002 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ALLOW FOR A USE PERMIT FOR A DAY CARE FACILITY PROPERTY LOCATED AT 3455 MORRIS ROAD (21-5480-1044-003,21-5480-1044-008) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on August 16, 2007 at 7:00 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 at 3455 Morris Road (21-5480-1044-003, 21-5480-1044-008), consisting of a total of approximately 2.96 acres, be allowed a use permit under the A (Medium Density Apartments) District with conditions, attached hereto and made a part herein; ALL THAT TRACT or parcel of land lying and being Land Lot 1044 of the 2"d District 1St Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the use permit as listed in the attached conditions of approval, be approved under the provisions of Section 19.2.3 of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance wit the conditions of saw 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 16" day of August, 2007. Attest: W." Now kauette Marchiafava, City Clerk (Seal) Approved: Joe Lockwoo yc CONDITIONS OF APPROVAL own UP07-002 3455 MORRIS ROAD r.. If thisetition is approved pproved by the Mayor and City Council, it should be APPROVED Use Permit for a Day Care Facility (Article 19.4.15) 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 owners agreement to restrict the use of the subject property as follows: a. Restrict the use of the subject property to a day care facility at a maximum density of 3,209.46 square feet per acre zoned or a total gross floor area of 9,500 square feet, whichever is less. b. Restrict the number of students in the day care facility to 160. 2. To the owner's agreement to abide by the following: a. To the site plan received by the Community Development Department on June 7, 2007. Said site plan is conceptual in nature and must meet or exceed the requirements of the Zoning Ordinance, all applicable city ordinances, and these conditions prior to the approval of a Land Disturbance Permit. In the even the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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 Human Resources and file a copy of the approved registration with the Community Development Department. 3. To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve sufficient along the following roadways, prior to the approval of a Land Disturbance Permit, as necessary to comply with the Transportation Master Plan consistent with adjacent developments, pursuant to the Right of Way Ordinance. b. Dedicate at no cost to the City of Milton prior to the approval of a Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to the City of Milton such additional right-of-way as may be required to: Provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, along the entire property frontage, as well as allow the necessary construction easements while the rights-of-way are being improved. Provide 45 feet of right-of-way from centerline of both Morris Road and Webb Road. C. Driveway entrances shall meet the Community Service Policies and AASHTO guidelines, or roads be reconstructed to meet such criteria, at the approval of the Transportation Engineer. Driveway entrances shall provide for the ninety-five percent (95%) queue with uninterrupted traffic flow onto the main line and/or a minimum throat length of two hundred feet. 4. a. The developer's Professional Engineer shall demonstrate to the City by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre - development conditions. The designed facility is required to be underground. Locations shall be as approved by the Stormwater Engineer. b. Stormwater detention facility shall utilize vegetative measures for water quality. Individual Land Disturbance Permits/building permits are strongly encouraged to utilize GASWCC limited application controls such as infiltration trenches, porous surfaces, rain gardens, etc. 0 mow. 4 t l� Rque I T `t, 7[- 4 0 , , I f -"H F G` ALL THAT TRACT or parcel of land "g and being in Land Lots 1043 and 1044, 2nd District, Ind Section and Land Lot 1045. 2rtd tlistrlct, 2nd Section Siong the southeast right-of-way line of Morris Road, a public road In Fulton County, Georg in having a 60 foot right-of-way, and 41 . being more particularly described as follows; BEGINNING at an iron pin found along the Forth line of Land Lot 1044, the same being the BMW South fine of Land Lot 1043 a distance of 110.0 feet east of the Northwest corner of Land Lot 1044, said Northwest corner being located along the center line of Old Morris Road, thence running in the direction of North 0 degrees 43 minutes East a distance of 30.0 feet to an iron pin found; thence running in the direction of North 71 degrees 19 minutes West a distance of 162.6 foot to an Iron pin found along the Southeast right-of-way line of Morris Road, said line crossing the West line of Land Lot 1043, the same being the East line of Land Lot 1045. 2nd District, 2nd Section, thence running in the direction of South 15 degrees 3 minutes WA st as measured along the Southeast right-of-way line of Morris Road a distance of 329.8 foot to a point located at the intersection of the said Southeast rlght-of-way line of Morris Road and the center line of Old Morris Road; thence running in the direction of North 44 degrees 53 minutes East distance of 24.1 feet to a point; thence running tin the direction of North 25 degrees 51 minutes East a distance of 100.0 feet to a point; thence running in the direction of North 19 degrees 43 minutes East a distance of 100 feet to an iron pits found; thence running In the direction of South 89 degrees 32 minutes East a distance of 135.4 feet to a point, said line crossing the East Lino of Land Lot 1046, 2nd District ,1st Section; thence running in the direction of North 0 degrees 43 minutes East a distance of 40.4 foot to an iron pin found along the North line of Land Lot 1044, the same being the point of beginning. The above described tract being par plat of survey as prepared for James R. Bagwell by R.G. Sadler, R.L.S. No. 14", dated April 24, 1976, said plat being made a part of this description by reference. ill-g1ji r0 EMM" s ALL THAT TRACT or parcel of land lying and being in Land Lot 1044, 2nd District 1st Section,' and Land Lot 1045, 2ndDistrict, 2nd Section along the southeast right-of-way and being more particularly described as follows: �." BEGINNING at an iron pin found along the North line of Land Lot 1044, the same being the South line of Land Lot 9043 a distance of 119.0 feet East of the Northwest corner of land Lot 1044, said Northwest comer being located alon the center line of Old Morris Road; thence errs running in the direction of North 89 degrees 40 minutes East as measured along the North line of Land Lot 10" a distance of 246.0 feet to an iron pin found; thence running in the direction of South 0 degrees 38 minutes West a distance of 270.5 feet to an iron pin found; thence running In the direction of South 89 degrees 57 minutes Idlest a distance of 480.8 feet to an iron pin found along the Southeast right-of-ways line of Morris Road, said tine crossing the West line of Land Lot 1094, 2nd District, 1st Section, the same being the East line of Land Lot 1045, 2nd District, let Section, the same being the East tine of Lund Lot 1045, 2nd District, 2nd :section, thence running in the direction of North 15 degrees 3 minutes East as measured along the sold Southeast right-ofaway line of Morris Road a distance of 30.4 feet to a point. located along the Intersection of the said Southeast right-of-way line with the center line of Old Morris Road; thence running along the center line of the said Old Mantis Road; thence running along the canter lino of Old Norris Road and in the direction of North 44 degrees 53 minutes East a distance of 24.1 feet to a pant; thence running North 25 degrees 51 minutes East a distance of 100.0 feet to a point; thence running in the direction of North 19 degrees 43 minutes East a distance of 100.0 feet to an iron pin found; thence running in the direction of South 89 degrees 32 minutes Esta a distance of 135.0 feet to a point, said line crossing the East line of Land Lot 1045, 2nd District, 2nd Section. same being the West line of hand Lot 1044, 2nd District, fat Section; thence running in the direction of North O degrees 43 minutes East a distance of 40.0 feet to an Iron pin found along the North line of Land Lot 1044, the same being the point of beginning. The above described tract being per plat of survey as prepared for Jaynes R. Bagwell by R.G. Sadler+ R.L.S. No. 1444, dated April 24, 1876, said plat being made a part of this description by reference. 0 a FE N ' � 1 r I + - t ro PIE 1 x L.. 1;145 + I 3t}•: �La�.-. Y��f d �b Structural Design In d v O■ Z n �e �yw.n w mne arm � rri-�-io-�i: PIE d �b Structural Design In d v O■ Z n �e �yw.n w mne arm � rri-�-io-�i: