HomeMy WebLinkAboutORDINANCE NO. 10-11-81STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 10-11-81
PETITION NO. RZ10-05/U10-01NC10-03
AN ORDINANCE TO REZONE C FROM MUNI
MMUNITY BUSINESS) AND 0-1
(OFFICE -INSTITUTIONAL) TO Y BUSINESS AND A USE PERMIT
FOR A SPECIAL SCHOOL PROPERTY LOCATED ON THE WEST SIDE OF
DEERFIELD PARKWAY WITH FRONTAGE OF 1,048 FEET
BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on
November 15, 2010 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 on the
west side of Deerfield Parkway with frontage of 1,048 feet, consisting of a total of approximately
12.87 acres as described in the attached
Schoolegallwithescrictonditions, attached her to and made ion, be rezoned to C- I (CommunityBpart usiness)
District and a Use Permit for a Spec
herein;
ALL THAT TRACT or parcel of land lying and being Land Lots 1114 and 1047 of the 2nd District
2nd Section, City of Milton, Fulton County, Georgia; and
SECTION 2. That the C-1 (Community Business) zoning listed in the attached conditions
of approval, be approved under the provisions Chapter 64, Article VI, Division 18 of the Zoning
Ordinance of the City of Milton and the Use Permit for a Special School be approved under the
provisions Section 64-1820 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. 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 o r 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ordinance are hereby repealed; and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 15'' day of November, 2010.
Approved:
Joe Lockwo , Mayor
i'
Attest:
G�
Sudie Gordon, City Clerk
CONDITIONS OF APPROVAL
WPM RZ10-05/U10-01 /VC10-03
so" The City of Milton Mayor and City Council approved the rezoning of property
located on Deerfield Parkway, West side with a frontage of 1,048 feet for C-1
(Community Business) CONDITIONAL, Use Permit for a Special School (Section 64-
1831) 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) Assisted Living Facility with no more than 72 beds, at a maximum
density of 4,972.8 gross floor area per acre zoned or a total gross floor
area of 72,000 square feet, whichever is less.
b) Limit the height of the assisted living facility to no more than 50 feet
as measured from average grade, and
..., c) Special School at a maximum density of 1,787.1 gross floor area per
acre zoned or a total floor area of 23,000 square feet, whichever is
less. (U10-01)
d) Limit the height of the special school to no more than 40 feet as
measured from average grade, and two (2) stories.
2) To the owner's agreement to abide by the following:
a) To the revised site plan received by the Community Development
Department on October 26, 2010. reqd site uiremelan is nts the Zoning ptual only
Ordi once,
and must meet or exceed the qu
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
l ant shalluse the be required fired toroved site comlan to
plete
be substantially different, the app application for a Land
the concept review procedure prior to app
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) Allow the exterior wall materials of all non-residential buildings and
townhouse, duplex and multifamily buildings to consist of a minimum of 65
percent (per vertical wall plane) of the following: brick or natural stone
(Section 64-1095(p)) for the assisted living facility. The front fa(;ade shall be
articulated with 65 percent brick or natural stone up through the gables.
(VC10-03, Part 1)
b) Allow accent building materials for all non-residential buildings and also
townhouse, duplex and multifamily units to e limited
imit e and weathered, to a maximum
of 35
percent brick, tile, non -reflective glass, natural
polished or fluted face, with fluted, split -face, or broken face finish,
Portland cement plaster and lath systems, architectural (either precast or
tilt -up) concrete (fluted or with exposed finish) or Hardi-Plank (Section 64-
1095(q)) for the assisted living facility. (VC 10-03, Part 2)
c) Allow the following exterior siding colors as produced by Cabot Solid
stains to be permitted: Napa Vine, Newport Blue, Brickstone, Colonial
Yellow, (Section 64-1095(t)) for the assisted living facility. (VC 10-03, Part 3)
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. Provide at least 12 feet of right-of-way from the back of curb of all
abutting road improvements or entiret from the property frontage,ack of asaswelkas
whichever is greater, along the p
allow the necessary construction easements while right-of-way is being
improved.
ii. installation /modification of the following transportation
infrastructure to
be installed in accordance with Chapter
Other Public Places of the City of Milton Code of Ordinances:
a) SB Right Turn Lane on Deerfield Pkwy at site driveway
1. Any existing sidewalk or utilities in conflict with new turn
Now lane location shall be relocated
e�
b) Any new required entrances shall meet the City of Milton Code of
Ordinances and AASHTO guidelines as approved by Milton Public Works
and shall conform to the following:
The Deerfield Pkwy driveway shall provide a minimum of 100 feet or the
95% queue length, whichever is greater, of uninterrupted access. This
distance shall be measured from the edge of the thru lane on
Deerfield Pkwy to the edge of any interior drive aisle or parking space.
5) To the owner's agreement to abide by the following:
a) The stormwater management facilities shall ncourae encouraged. If walen led structures
where possible. Walled structures are no 9
are proposed, they must meet the acceptable design standards of the
Department of Community Development.
i. Where side slopes for stormwater management facility are
steeper than 4:1 the facility shall ith two a ch by foug insix foot hih, chack five -
welded
board equestrian style fence
wire constructed around it.
Pt
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Revised Site Plan Submitted October 26, 2010
LLCAL t) L. S C& I P I 10 N
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