The URL can be used to link to this page

Home My WebLink AboutORDINANCE NO. 08-09-26ORDINANCE NO. 08-09-26 PETITION NO. RZ08-08IU08-04NC08-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ALLOW FOR TR (TOWNHOUSE RESIDENTIAL), USE PERMIT FOR SENIOR HOUSING AND A CONCURRENT VARIANCE, PROPERTY LOCATED AT 3501,3499 BETHANY BEND ROAD (22-5470-0972-015-8, 21-5470-0972-024-0) BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on September 15, 2008 at 6:00 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 3501 and 3499 Bethany Bend Road (21-5470-0972-015-8, 21-5470-0972-024-0), 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 parcel of land lying and being Land Lots 971 and 972 of the 2"d District 1 st Section, Fulton County, Georgia by the attached legal description; and SECTION 2. That the use permit and zoning classification as listed in the attached conditions of approval, be approved under the provisions of Article 19.2.3 and Article 28.of the Zoning Ordinance of the City of Milton; and SECTION 3. That the property shall be developed in compliance wit 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 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 That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 6.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 15th day of September, 2008. rom Approved: Attest: -%&� &-aU4� teaatte Marchiafava, City Clerk RZO8-08/1.108-04/VC08-04 3501, 3499 Bethany Bend Road Now RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED TR (Townhouse Residential) CONDITIONAL and a Use Permit for Senior Housing (Article 19.4.41(2)) 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) To 98 units of senior housing at a density of 19.84 units per acre, whichever is less. (U08-04) 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 8, 2008. 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. In the event 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. 3) To the owner's agreement to the following site development considerations: a) The site plan must provide adequate fire truck access to all buildings on site, in alleys, one-way, and dead-end conditions; as acceptable to the Milton Public Works Director and Fire Marshal. b) Provide parking to meet and not exceed parking requirements. c) Use pervious concrete or other ADA acceptable pervious material for amenity parking. ow" d) Setback for swimming pools, pool equipment, accessory structures and fencing shall be located a minimum of 10 feet from any residential no building, adjoining property line or street. (VC08-04 - Part 1) e) Provide a minimum of 30 feet separation between all buildings. f) Provide additional evergreen screening to exceed the 10 -foot landscapes strip along the western property line abutting the single family lots within the Hidden Forest Subdivision as approved by the Design Review Board. g) Recompense specimen trees as shown in attached map with 4" caliper trees. 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 Land Disturbance Permit or Certificate of Occupancy (whichever comes first), sufficient land as necessary to provide the Right of Way for the approved final site plan including the following: i. Provide the following transportation improvements as approved by Milton Public Works Director: 1. NB Left turn lane on Bethany Bend into site driveway as coordinated with City of Milton Public Works and Forsyth County Public Works 2. SB Right turn lane on Bethany Bend into site driveway 3. Provide 4' bike lane along entire Bethany Bend frontage 4. Provide overlay and striping for full width of Bethany Bend the length of property lines plus any additional taper lengths necessary or as approved by the Director of Public Works and coordinated with the Milton and Forsyth Public Works 5. Provide pedestrian access paths from development to Bethany Bend at North and South ends of the site ii. Provide at least 12 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. iii. Provide 6 foot wide concrete multi -use path along the entire Bethany Bend frontage of the property located no more than foot off the Right of Way line and no less than 5 feet behind the back of curb or as approved by the Director of Public Works. iv. Provide a black four -board equestrian style fence 3 feet behind the right of way on the development property adjacent to the sidewalk/trail, or as approved by the Design Review Board, as approved by the Director of Public Works. If site is gated, a taller fence with 2 inch by 4 inch welded wire mesh may be used. b) All entrances shall meet the Community Service Policies and AASHTO guidelines, or as approved by the Director of Public Works. 5) To the owner's agreement to abide by the following: 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. Locations shall be as approved by the Stormwater Engineer. b) The water quality and detention facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the Department of Community Development. Detention facility shall have a six foot high, five -board equestrian style fence with two inch by four inch welded wire constructed, or as approved by the Design Review Board, around it as required by the Stormwater Engineer. c) The Developer shall utilize GASWCC limited application controls. All water quality and detention facilities shall have vegetated surfaces to be regularly maintained by the owner. Revised Site Plan received September 8, 2008 r" Site Information LL LL. m� �ii.vmawe..rou.a.W..no. 971 I 971 rw�e.wuK. '`ros•.y�oAp eN waKrN�..,r rrlwwrre�>.rr«.n J � f_ ax.rdw.n.. / � � i�ur l 'I i� /' ♦. �o ZONE 1R f' I It Drainage WmIabona: - 1 It / yyrl ..we.�.x„mocv.araa,ce. .. III I / /� l.�•( sxaYw�P«tinr Ylmsawd�dbBWr. Preliminary Plan Snlef.sd BETHANY SUMMIT City of Milton, Fulton County, Georgia —� September 3. voo8 Revised Site Plan received September 8, 2008 r" LE(jAL j)HSCRjvl,t( RZ08-08/U108-04/VC08-04 ALL THAT TRACT OR PARCEL OF LAND lying atnd hning in Lond LoLi 971 and 972 in the 2'4 Msxic-, V! SICLiM, FUIUM CuLLaty, Georgia and being more particularly degeribed 2s follows: ticgdaungat 4 p6mt4 the comer of Land Lots 971,972,97.1, and 974, said point being the POINTOF B77GINNING, thence N 90' W11" W riwu diftne'eof 336,121, feet to an. irvit phi rowid in ttic center line of a creek, Thence: rollowiq, a course along the, =tcrliac of tnc said creek: (1) N 38' 40'28" W tor a distance of 44-75 feet, (')N 39* .10' 12" W 'br- a disLance or 35 04 feet, (3) N 42' 12'14" W for a di tante. of 6',Tz fers, (4) N 6' 145'5 1 " W for a th3tmcc of 38.21 fert, (5) N' 1' 06'54' E far a distance of 27.12 feet to be. said TRUE POINT OF BF(J'SNING.Thence continuing vxir3e along the uruterline of tic said cieck; (6)N 11'21 " W for a distaocc of 44.75 Nct, (7) N 501 20' 11" W for a distance of 37,95 fcwt, '8) N 40" 17'23 " W tar a distance Of 49.79 feet, (9) N 53*' 16' 01" W for P di, lance of 98.40 feet. ( 10) S 52.51' 17' W for a distance of 81.76 fzza to a point, Thence leaving said crezk N 851 10' 5 V F for a di; Lance of 458,79fw )n an ii -m pint found. Thence N 11= 05'06" NY fur t dIA14tice of 210.83 feet to an. iron pin found, Thence N 28' 11' 01" W fora distance of 162.60 feet ro a poim, Thence N 46, 17' 39" E for di stance of 5107 feel io a poim,'nience, from the bcgauxog Of a min-wigential cu--vc. Said cuTyc turning to the right. havWg a rndiu4 OF 1,197.74 feeL, oad whose luno cord C, bear0S I H' 19'24' W for a distance of 37C39 feet tx) a point; of inteisclaiva with a non- tangvential line, Thence. continuing as Mlaws. Thmm., 1.3 091 21 47" W ror a distance of 160,86 feet tc, an iron pin found, Th,.-ncc S W 08' 47" E for 4 distance of 2104,72 fcct to an iron pin found, Thence. S 861 OT -49" W fur a dj=nce of 54.14.16 tcct to a point of voTsectioll tvitt a non-tangential line, and the TRUE POINT OF BEGI.NNFNG Said grope -t y cor, I a ins 4-94 acres more or less IMI