O-I (Office-Institutional) and AG-1(Agricultural)

PROPERTY INFORMATION ADDRESS 3503 and 3505 Bethany Bend DISTRICT, LAND LOTS 2/1 973 and 974 OVERLAY DISTRICT State Route 9 PETITION NUMBERS EXISTING ZONING O-I (Office-Institutional) and AG-1(Agricultural) PROPOSED ZONING O-I (Office-Institutional) and Use Permit for Private School ACRES 2.89 EXISTING USE Montessori School and a Single Family Residence PROPOSED USE Expand existing school PETITIONER ADDRESS Wisdarium LLC Biju Eappen 3505 Bethany Bend Milton, GA 30004 INTENT To rezone from O-I (Office-Institutional) and AG-1 (Agricultural) to O-I (Office- Institutional) and a Use Permit for a Private School (Sec. 64-1831) to expand the existing school from 2,000 square feet to 8,000 square feet for up to 150 students and to request a two-part concurrent variance: 1)To reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 20 foot landscape strip along the north property line (Sec. 64-1091(a)) 2) To reduce the 100 foot setback for recreation areas to 20 feet along the north property line (Sec. 64-1831(b)(4)). 9/18/2015 Page 1 of 24

COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION SEPTEMBER 23, 2015 RZ15-14 APPROVAL CONDITIONAL U15-04- APPROVAL CONDITIONAL VC15-03 PARTS 1 AND 2 APPROVAL CONDITIONAL 9/18/2015 Page 2 of 24

LOCATION MAP 9/18/2015 Page 3 of 24

CURRENT ZONING MAP 9/18/2015 Page 4 of 24

FUTURE LAND USE PLAN MAP 9/18/2015 Page 5 of 24

REVISED SITE PLAN SUBMITTED ON JULY 10, 2015 9/18/2015 Page 6 of 24

REVISED SITE PLAN SUBMITTED AUGUST 19, 2015 9/18/2015 Page 7 of 24

FRONT ELEVATION FACING BETHANY BEND 9/18/2015 Page 8 of 24

WEST ELEVATION FACING REAR OF PROPERTY 9/18/2015 Page 9 of 24

SOUTH FACING ELEVATION (TOWARD EXISTING BUILDING) 9/18/2015 Page 10 of 24

NORTH ELEVATION 9/18/2015 Page 11 of 24

SUBJECT SITE: The subject site contains 2.89 acres and is developed with the 2,000 square foot Red Apple Montessori school at 3505 Bethany Bend, zoned O-I pursuant to Z03-152 approved for a day care in the existing building and a total of 50 students. The subject property at 3503 Bethany Bend is a single family residence zoned AG- 1. The property at 3503 had been a part of a larger assemblage to rezone to TR for 71 townhomes pursuant to RZ14-15/VC14-04 but was withdrawn on April 27, 2015. This property is located within the SR 9 Overlay District and not the Deerfield Form Based Code area. In the applicant s letter of intent, he states that he requests to expand the current capacity of 50 students to 150 students. In addition, the school will serve not just the current pre-school but include elementary school classes, thus the requirement for a Use Permit for a Private School. The expansion will require the adjacent property at 3503 Bethany Bend with a newly constructed 6,000 square foot building. The added classes will require an additional 10 teachers. SITE PLAN ANALYSIS Based on the applicant s revised site plan submitted on August 19, 2015 to the Community Development Department offers the following considerations: DEVELOPMENT STANDARDS SEC. 64-730 O-I (Office-Institutional) Based on the requirements pursuant to Sec. 64-730, the site plan indicates compliance with the development standards for O-I (Office-Institutional). The applicant is requesting this zoning district for those students who are less than 4 years in age which requires a day care facility and is allowed by right within the O-I district. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on July 19, 2015 and is in compliance with the minimum building setback of 40 feet for the proposed new building along Bethany Bend. DEVELOPMENT STANDARDS SEC. 64-1831 PRIVATE SCHOOL USE PERMIT Based on the requirements pursuant to Sec. 64-1831, the site plan indicates compliance with the development standards for the Use Permit with the exception of the following: VC15-03 Part 2 - Reduce the 100 foot setback for recreation areas to 20 feet along the north property line (Sec. 64-1831(b)(4)). Staff notes that the approved zoning adjacent to the north is TR (Townhouse Residential) and for a use permit for senior housing at a density of 20 units per acre. The Use Permit development standard states the following: Active outdoor 9/18/2015 Page 12 of 24

recreation areas shall not be located within 100 feet of an adjoining residential district or use. The requirement does not make a distinction between multi-family residential and single family residential. It is Staff s opinion that the proposed reduction of the setback to 20 feet would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally, relief, if granted, would not offend the spirit or intent of this zoning ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03 Part 2. STATE ROUTE 9 OVERLAY DISTRICT The proposed expansion of the Montessori school is required to meet the State Route 9 Overlay District standards within Chapter 64, Article VII, Division 5 of the Zoning Ordinance. Staff notes that the proposed new building will also need to comply with the Overlay District prior to the issuance of the building permit. The site plan does not show the required sidewalks along Bethany Bend and Morris Road to be a minimum of six feet in width. At the time that the Land Disturbance Permit is submitted, the applicant will need to show the sidewalk on the plan. The site plan shows compliance with the requirements of the State Route 9 Overlay District with the exception of the following: VC15-03 Part 1 - Reduce the 50 foot undisturbed buffer and 10 foot improvement setback to a 20 foot landscape strip along the north property line (Sec. 64-1091(a)) Staff notes that there is an approved zoning adjacent to the north which is TR (Townhouse Residential) and a use permit for senior housing at a density of 20 units per acre. The State Route 9 Overlay District requires for sites on four acres or less, a 50 foot wide undisturbed buffer, with a ten foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used or developed for residential uses. The requirement does not make a distinction between multi-family residential and single family residential. It is Staff s opinion that the proposed reduction of the buffer to a 20 foot landscape strip would not have a negative impact on the adjacent property based on the fact that it will be developed with a much more intense use. Additionally, relief, if granted, would not offend the spirit or intent of this zoning ordinance. Therefore, Staff recommends APPROVAL CONDITIONAL of VC15-03 Part 1. Landscape Strips and Buffers The Site Plan is compliant with the following required landscape strip and buffers as required by the State Route 9 Overlay District: 9/18/2015 Page 13 of 24

20 foot landscape strip adjacent to Bethany Bend and Morris Roads 50 foot undisturbed buffer and 10 foot improvement setback along the western property line. 25 foot undisturbed buffer and 10 foot improvement setback along the southern property line. This is based on the existing zoning of O-I (Office- Institutional) pursuant to RZ03-152. Staff has evaluated the existing and future right-of-way requirements based on the revised site plan received on July 19, 2015 and is in compliance with the minimum required 20 foot landscape strip along Bethany Bend. Fencing Pursuant to 64-1092 (i) the Overlay requires a black four board black equestrian fence, not exceeding 55 inches in height along Bethany Bend and Morris Road. The applicant has not indicated the type and height of fencing to be used to enclose the play areas on the site. The fence type and height shall comply with the State Route 9 Overlay District. ENVIRONMENTAL SITE ANALYSIS In reference to the Environmental Impacts to the site, it satisfies the requirement of Section 64-2126. The applicant has addressed the various issues outlined in the ESA report. The proposed site does contain wetlands, floodplains and streams but does not contain, steep slopes, historical sites or sensitive plant and animal species. The applicant has included the tree survey on the site plan. ARBORIST COMMENTS There will be no specimen trees impacted by the newly developed building or parking. Based on a field visit, the City Arborist noted that there is a small area of wetlands on the site, but not within any disturbed area. CITY OF MILTON FIRE MARSHAL The Fire Marshal has no objection to the proposed site plan. All development plans and building plans will be reviewed by the Fire Marshal prior to any permits being issued. 9/18/2015 Page 14 of 24

COST TO SERVE ANALYSIS 9/18/2015 Page 15 of 24

PUBLIC INVOLVEMENT On June 23, 2015 the applicant was present at the Community Zoning Information Meeting (CZIM) held at the Milton City Hall. There were four members of the community in attendance. The community asked the applicant some general information questions about the project. PUBLIC PARTICIPATION REPORT The applicant submitted a public participation report on September 17, 2015. The meeting was held on September 14, 2015 and there were 4 people who attended. They were not opposed to the request and there were no issues to resolve. CITY OF MILTON DESIGN REVIEW BOARD COURTESY REVIEW JULY 7, 2015 Comments: Move structure to be even with the existing building. Put parking behind the building. Make sure you have the current road improvement layout. Show correct right of way dedication. We want something to look nice from the streetscape; everything should blend in. The structure presented is not the Milton look. It s a rural area, and people want to see that. Meet with the City Architect; work with him on building placement and, architectural character. Needs to meet State Route 9 Overlay requirements. Staff notes that the applicant worked closely with Staff to address the DRB s comments. The report includes the latest building elevations in response to the DRB and Staff s direction regarding the design of the building. Also, the site plan has been revised to address the DRB s comments. Standards of Review (Section 64-2104) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors 1 through 7, below, as well as any other factors it may find relevant. 1. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? The proposed expansion of the existing Montessori school at a density of 2,759 square feet per acre is suitable based on the adjacent and nearby developments. Specifically, adjacent to the north, the subject property is 9/18/2015 Page 16 of 24

zoned TR (Townhouse Residential) with a use permit for senior housing at a density of 20 units per acre and 3 stories in height. In addition, Windcrest Park further to the north is developed with townhomes at a density of 6.76 units per acre zoned TR (Townhouse Residential). Furthermore, Spring Valley townhomes are developed at 7.86 units per acre. The City of Milton approved their 2030 Comprehensive Plan recommending High Density Residential at 3 to 5 units per acre in 2011 based on the city s vision for the area and for the subject parcel currently zoned AG-1. The Future Land Use Map indicates that the parcel to the north, zoned for senior housing is designated as Retail and Service. This should have been assigned to the existing O-I zoning where the current Red Apple Montessori is located. In addition, there is a large mixed use development directly to the east in Forsyth County as described in the table below. It is Staff s opinion that the proposed expansion is suitable in view of the adjacent and nearby properties. Adjacent Uses Location Parcel / Zoning Petition North 1 RZ08-08 East (Forsyth County) Further North U08-04 Northwest 4 Z97-115 Northwest 5 Z99-136 West 6 Z02-105 Southeast 7 Z96-124 Zoning / Name TR (Townhouse Residential) and Use Permit for Senior Housing 2 MPD (Master Plan Development) Deerfield Township 3 AG-1 (Agricultural) Scattered single family residential TR (Townhouse Residential) Conditional Windcrest Park TR (Townhouse Residential) Conditional Spring Valley TR (Townhouse Residential) Conditional Hidden Forest T-5R and Civic Space The Preserve at Deerfield Approved Density/Min. Heated Floor Area 20 unit/acre 3 stories 114,800 sq.ft. retail 35,200 sq.ft. office 300 units CCRC 92,000 sq.ft. self storage 283 single family units 800 multi-family units 1 unit per acre 6.76 units/acre 1,500 sq. ft. 7.86 units/acre 2 stories 1,200 sq. ft. 4.99 units/acre 1,500 sq. ft. attached 2,000 sq. ft. detached 12 units/acre 3 stories 9/18/2015 Page 17 of 24

ADJACENT USES MAP 9/18/2015 Page 18 of 24

2. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? It is Staff s opinion that the proposed expansion of the Montessori School will not adversely affect the existing uses of adjacent or nearby properties if approved with Staff s recommended conditions. 3. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject site may have a reasonable economic use as currently zoned, although, the AG-1 portion of the site may not have a reasonable economic use based on the high density residential and non-residential uses nearby. 4. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? If developed with the recommended conditions, Staff does not anticipate an excessive or burdensome use of existing streets, transportation facilities, or utilities. 5. Whether the proposal is in conformity with the policies and intent of the land use plan? Future Land Use Plan Map: 2030 City of Milton Comprehensive Plan recommends Retail and Service at 3505 Bethany Bend (see note about correction of Map) and High Density Residential developed at 3 to 5 units per acre for 3503 Bethany Bend. The proposed expansion is partially consistent with the Comprehensive Plan. Proposed use/density: Day Care/Montessori School 2,759 square feet per acre In addition, the proposed development is consistent with the following plan policies: We will support programs that retain, expand and create businesses that provide a good fit for our community s economy in terms of job skills required and links to existing businesses and locate them appropriately within the City. 9/18/2015 Page 19 of 24

We support appropriate residential and non-residential infill development and redevelopment in ways that complement surrounding areas. 6. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? It is Staff s opinion that since the adoption of the Plan, the surrounding development of high density residential and especially the commercial development to the east in Forsyth County and the increased traffic in the area have changed the character of this area. 7. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? The proposed use may not be environmentally adverse to the natural resources, environment and citizens of the City due to the required development regulations as it pertains to stormwater facilities, tree recompense and landscape requirements. USE PERMIT CONSIDERATIONS In the interest of the public health, safety and welfare, the Mayor and City Council may exercise limited discretion in evaluating the site proposed for a use that requires a Use Permit. In exercising such discretion pertaining to the subject use, the Mayor and City Council shall consider each of the following as outlined in Sec. 64-1552 of the Zoning Ordinance: Use Permit Considerations. Staff has reviewed said items pertaining to the subject use, and, offers the following comments: 1. Whether the proposed use is consistent with the land use or economic development plans adopted by the Mayor and City Council: The proposed development is located in both the Commercial and Service land use category on the City of Milton 2030 Comprehensive Plan Map. The proposed use permit for a private school is permitted in the O-I (Office- Institutional) district which is an acceptable zoning district for the Retail and Service land use category 9/18/2015 Page 20 of 24

2. Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed: The subject site is compatible with the adjacent and nearby land uses and zoning districts based on the existing zoning on a portion of the property, an approved senior living facility at a density of 20 units per acre to the north, residential development ranging from 4.99 units per acre (Hidden Forest) to 12 units per acre (The Preserve at Deerfield). In addition, although it is not in the City of Milton, directly to the east is a high intensity mixed use development in Forsyth County which will directly impact these properties. 3. Whether the proposed use may violate local, state and/or federal statutes, ordinances or regulations governing land development: The proposed use does not appear to violate any ordinances or regulations governing land development if the concurrent variances are approved. 4. The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets: The proposed use s effect on the traffic flow, vehicular, pedestrian, along adjoining streets should be mitigated with the location of the entrance, a required left turn lane into the property and required sidewalks. 5. The location and number of off-street parking spaces; The off street parking is located on the sides and rear of the existing and proposed buildings which is the appropriate location as required by the State Route 9 Overlay District. Below is a table indicating the required and provided number of parking spaces for the site. Existing Building (2,000 sq. ft.) Proposed Building 1 parking space per 4 employees 6 employees = 2 parking spaces 12 employees = 3 parking spaces 1.7 parking spaces per 1,000 sq.ft. 1.7x2 = 4 parking spaces 1.7 x6 =11 parking spaces (6,000 sq. ft.) Total Required 20 Total Provided 20 # of Parking Spaces 6 6. The amount and location of open space: The proposed site provides adequate open space along the western portion of the site as well as in front of the existing structure near Morris Road. 14 9/18/2015 Page 21 of 24

7. Protective screening: There is a large amount of protective screening to the west adjacent to the Hidden Forest Subdivision. A perennial stream is located along the western property line which requires a 50 foot undisturbed buffer and 25 foot nonimprovement setback. Along the north property line, a concurrent variance has been requested to reduce it from 50 feet to 20 feet; it is Staff s opinion that this is sufficient for the approved high density senior housing to the north. 8. Hours and manner of operation: Monday Friday 7:30 am 6:00 pm It is Staff s opinion that the above mentioned hours of operation are reasonable for the proposed use. 9. Outdoor lighting: The applicant has not indicated any additional lighting on the site. If lighting is proposed, it must comply with the Highway 9 Overlay District pursuant to Sec. 64-1094. 10. Ingress and egress to the property. The site plan indicates a one way in and a one way out for ingress and egress to the property. This allows the student drop off and vehicular turnaround be provided so that flow of traffic to remain forward in motion which is required per Sec. 64-1831(b)(7). CONCLUSION The proposed development is partially consistent with the 2030 City of Milton Comprehensive Plan s suggestion of High Density Residential developed at 3 to 5 units per acre and Retail and Service. Based on the fact that there is higher density residential adjacent to the north, southwest and east within the City of Milton and retail commercial to the east in Forsyth County, it is Staff s opinion the proposed rezoning from AG-1 and O-I to O-I is appropriate and therefore, recommends APPROVAL CONDITIONAL of RZ15-14 and U15-04. In addition, Staff recommends APPROVAL CONDITIONAL of PARTS 1 AND 2 OF VC15-03. 9/18/2015 Page 22 of 24

RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be O-I (Office- Institutional) CONDITIONAL and a Use Permit for a Private School (Sec. 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) Restrict the use of the subject property to a private school and day care facility in the existing structure and proposed 6,000 square foot structure not to exceed 8,000 square feet in size at a maximum density of 2,759 square feet per acre, whichever is less, based on the total acreage zoned. b) Restrict the number of students to 150. 2) To the owner s agreement to abide by the following: a) To the revised site plan received by the Community Development Department on August 19, 2015. 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. 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 Early Care and Learning. 3) To the owner s agreement to the following site development considerations: a) Provide a 20 foot landscape strip along the north property line. (VC15-03, Part 1) b) Provide a 20 foot setback for recreational areas along the north property line. (VC15-03, Part 2) 4) To the owner s agreement to abide by the following requirements, dedication, and improvements: 9/18/2015 Page 23 of 24

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 35 feet of right of way from the centerline of Bethany Bend along the entire property frontage 1) Proposed right-of-way shall be located no less than 12 feet behind back of curb of proposed frontage infrastructure improvements 2) Back of the sidewalk shall be no more than one foot inside the proposed right of way ii. Reserve 45 feet of right-of-way from the centerline of Bethany Bend along the entire property frontage iii. Provide bicycle and pedestrian improvements along entire property frontage of Bethany Bend according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. All proposed infrastructure improvements (i.e. sidewalk, curb and gutter, etc ) shall tie to the existing facilities on adjacent properties as required by the City of Milton Public Works Department iv. Provide installation/modification of the following transportation infrastructure according to Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances: 1) Northbound Left Turn Lane on Bethany Bend at new entrance access drive, to tie into turn lanes proposed by others as part of improvements to the intersection of Bethany Bend at Morris Rd/McGinnis Ferry Road. b) Access to the site shall be subject to the approval of the City of Milton Public Works Department, prior to the issuance of a Certificate of Occupancy. i. No vehicular access to Morris Road 5) To the owner s agreement to abide by the following: a) A stormwater management concept plan shall be submitted and approved by Milton Public Works Department prior to submission of land disturbance application. 9/18/2015 Page 24 of 24