CZB ANALYSIS

PETITION No. 2002Z -0038 NFC

BOC ANALYSIS

PROPOSED ZONING CUP (COMMUNITY UNIT PLAN) – 1.01 UNITS PER ACRE

PROPOSED USE SINGLE FAMILY RESIDENTIAL SUBDIVISION – 60 LOTS

EXISTING ZONING AG-1 (AGRICULTURAL)

EXISTING USE UNDEVELOPED

LAND USE MAP AGRICULTURAL, FORESTRY, & MINING

LOCATION FRANCIS ROAD (SOUTH SIDE): 592.82 FEET OF FRONTAGE

PARCEL SIZE 59.99 ACRES

SMALL AREA 201

DISTRICT 2/2 LL 680, 689

COMMISSION DISTRICT 3

OWNER CRB HOLDINGS, LLP

PETITIONER LANDBANK DEVELOPMENT CORPORATION

REPRESENTATIVE ROGER FESTA

APPLICANT'S INTENT To develop a 60-lot single family residential subdivision, on 59.99 acres, at an overall density of 1.01 units per acre.

Department of Environment and Community Development

Recommendation

APPROVAL CONDITIONAL: (1 UNIT PER ACRE)

Community Zoning Board Recommendation

August 20, 2002

APPROVAL CONDITIONAL: (1 UNIT PER ACRE)

FINDINGS:

1. SUITABILITY OF USE

FINDING: The proposed Community Unit Plan (CUP) development, if developed with Staff's Recommended Conditions, should be suitable for the subject site given the existing residential character of the surrounding area.

2. REASONABLE ECONOMIC USE

FINDING: The subject site may have a reasonable use as currently zoned.

3. IMPACT ON PUBLIC SERVICES AND UTILITIES

FINDING: In Staff's opinion, the proposed CUP (Community Unit Plan) development will not adversely impact the existing public services and facilities. However, some overcrowding of area schools may occur. Some impact on the surrounding transportation system is also expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements.

4. CONFORMANCE WITH POLICY AND INTENT OF COMPREHENSIVE PLAN

FINDING: The Comprehensive Plan Land Use Map suggests that the subject site is suitable for agricultural, forestry and mining. Although the proposed CUP (Community Unit Plan) development at the requested density is slightly higher than residential development in agricultural zoning districts, it is consistent with Plan policies and development trends in the area.

LAND USE PLAN MAP: Agricultural, Forestry & Mining

Proposed use/density: Single Family Subdivision/1.01 Units Per Acre

The Comprehensive Plan Land Use Map suggests agricultural, forestry and mining for areas north, east, south and west of the subject site. Further east, the Plan suggests residential development at a density of 1 to 2 units per acre.

PLAN POLICIES:

Encourage the development of a variety of housing types, sizes, and prices in response to the current and projected demands of County residents.

Designated green space is encouraged within new residential subdivisions. In addition to setting aside lands not easily developed, green space includes other areas valued for their intrinsic natural and historic character.

5. ADVERSE EFFECTS OF THE ZONING PROPOSAL ON THE USE OR USABILITY OF ADJACENT OR NEARBY PROPERTY

FINDING: It is Staff's opinion the proposed CUP (Community Unit Plan) development will not adversely affect adjacent and nearby uses if developed in accordance with the attached Recommended Conditions.

6. EXISTING OR CHANGED CONDITIONS AFFECTING USE OF PROPERTY

FINDING: Current single family residential development trends in the area and adopted land use policies support this request for single family residential development.

7. ENVIRONMENTAL IMPACT

FINDING: The proposed CUP (Community Unit Plan) development is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Fulton County.

CONCLUSION TO FINDINGS:

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed CUP (Community Unit Plan) development is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area. Therefore, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions.

SUBJECT SITE AND SURROUNDING AREA:

SUBJECT SITE: Located along the south side of Francis Road, the subject site is zoned AG-1 (Agricultural) and is currently undeveloped.

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

** North side of Francis Road - Use: Champions View Subdivision (Existing)

Zone: AG-1 (Agricultural)

Petition: None

Minimum Lot Size: 1 acre

Minimum Heated Floor Area: 2,600 Square Feet

** North side of Francis Road - Use: East Andrews Sub. (Under Construction))

Zone: AG-1 (Agricultural)

Petition: None

Minimum Lot Size: 1 acre

Approximately: 2,600 Square Feet

** East - Use: Shadowood Farms Subdivision (Existing)

Zone: AG-1 (Agricultural)

Petition: Z78-18 NFC

Density: None Stated

Minimum Lot Size: 1 acre

Minimum Heated Floor Area: 2,200 Square Feet

** West - Use: Scattered Single Family Residences

Zone: AG-1 (Agricultural)

** There have been no RECENT DENIALS and there are no MISCELLANEOUS USES/ZONINGS in the immediate surrounding area.

SITE PLAN CONSIDERATIONS:

Based on the applicant's revised site plan submitted to the Department of Environment and Community Development on July 31, 2002, Staff offers the following considerations:*

LAND USE AND DENSITY

The applicant is proposing a 60 lot subdivision on 59.99 acres at an overall density of 1.01 units per acre. Given that the surrounding area is zoned AG-1 (Agricultural) and is developed with single family residences on 1 or more acres, Staff is of the opinion that a density of 1 unit per acre is more appropriate for the subject site. Therefore, Staff shall include a density of 1 unit per acre in the attached Recommended Conditions.

MINIMUM LOT SIZE

The revised site plan indicates a minimum lot size of 14,000 square feet and that 25 acres (approximately 41%) will remain as open space.* The intent as stated by the applicant is to conserve and preserve developable land area as open space which emphasizes the protection of existing natural resources such as views, terrain, indigenous vegetation, inland wetlands, and watercourses. The revised site plan also includes a community trail system to provide greenway pedestrian circulation within the subject site.* In Staff's opinion, the proposed lot size will allow more open space to be provided which is consistent with previous Board action in other areas of unincorporated Fulton County. The Board of Commissioners approved a CUP (Community Unit Plan) pursuant to2001Z-0120 SFC on Demooney Road with a minimum lot size of 7,500 square feet with the applicant agreeing to provide 29.55% of open/green space. Pursuant to 2001Z-0028 SFC, the Board of Commissioners approved a residential development located north of Scarborough Road with the applicant agreeing to provide and maintain approximately 70% of the site as open space held in common by a mandatory homeowners association. Also, pursuant to 2001Z-106 SFC, the Board of Commissioners approved a petition on Jones Road with 44.5% open space. Given this, Staff supports the proposed minimum lot size of 14,000 square feet as requested by the applicant. A condition requiring 41% of the site be maintained as open/green space to be maintained by a mandatory Homeowners' Association has been included in the Recommended Conditions.

MINIMUM HEATED FLOOR AREA

The applicant is proposing a minimum house size of 2,500 square feet which in Staff's opinion is compatible with the surrounding subdivisions. Staff shall include 2,500 square feet in the attached Recommended Conditions.

BUILDING SETBACKS

The applicant is proposing the following building setbacks for the proposed development:

Front Yard – 10 Feet

Side Yard – 10 Feet

Rear Yard – 20 Feet

Minimum Lot Width at Building Line – 75 Feet

Minimum Lot Frontage – 25 Feet

In accordance with existing Board policy and equivalent to the rear yard setback of AG-1 (Agricultural) zoned property, Staff shall include in the attached Recommended Conditions, a minimum 50-foot setback adjacent to all AG-1 (Agricultural) zoned property to mitigate the impact of the proposed residential subdivision on less intensely developed residential properties.

LANDSCAPE STRIPS AND BUFFERS

The revised site plan indicates undisturbed natural buffers in varying widths along all property lines.* In addition to providing green space, the undisturbed buffers mitigates the impact of the smaller lots abutting larger lots on adjacent property. Therefore, Staff shall require the buffers as shown in the attached Recommended Conditions. Staff has advised the applicant that pursuant to Article 4.23.1, a 10-foot improvement setback is required interior to all buffers.

PARKING

Article 18.2.1 of the Zoning Resolution requires single family residential development to provide a minimum of two parking spaces per dwelling unit. The applicant will be required to indicate compliance with parking requirements at the time of application for a building permit.

OTHER CONSIDERATIONS

Sidewalks, curb and gutters are required in accordance with Article 34.5.3 of the Fulton County Zoning Resolution.

RECOMMENDED CONDITIONS

Staff recommends approval of this petition to CUP (Community Unit Plan) CONDITIONAL subject 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 Board of Commissioners.

1. To the owner's agreement to restrict the use of the subject property as follows:

a. Single family detached dwellings and accessory uses and structures.

b. No more than 60 total dwelling units at a maximum density of 1 dwelling unit per acre, whichever is less, based on the total acreage zoned.

c. The minimum lot size shall be 14,000 square feet.

d. The minimum heated floor area per dwelling unit shall be 2,500 square feet.

2. To the owner's agreement to abide by the following:

a. To the revised site plan received by the Department of Environment and Community Development on July 31, 2002*. Said site plan is not conceptual; the developer must strictly adhere to the site plan as submitted. Any changes to the site plan must be approved by the Director of Environment and Community Development and must meet or exceed the requirements of the Zoning Resolution and these conditions. 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 side development considerations:

a. The minimum design standards for the Community Unit Plan development are as follows:

Minimum lot frontage: 25 Feet

Minimum lot width at building line: 75 Feet

Minimum front yard: 10 Feet

Minimum rear yard: 20 Feet

Minimum side yard: 10 Feet

b. Provide a minimum 50-foot principal building setback adjacent to all AG-1 (Agricultural) zoned property.

c. Provide a natural buffer, undisturbed except for approved access and utility crossings, improvements, and replantings where sparsely vegetated and subject to the approval of the Fulton County Arborist, adjacent to property lines and in the widths shown as on the site plan referenced in condition 2.a. with an additional setback for all improvements of 10 feet or as may be approved by the Director of the Department of Environment and Community Development.*

d. Maintain a minimum of 41% of the site as open/recreation space as indicated on the site plan referenced in Condition 2.a.*

e. All buffers, recreational and other areas which may be held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.

f. No more than 1 exit/entrance on Francis Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer.

g. No lot shall be allowed direct access to Francis Road.

4. To the owner's agreement to abide by the following requirements, dedication and improvements:

a. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County 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, as well as allow the necessary construction easements while the rights-of-way are being improved:

30 feet from centerline of Francis Road.

b. Provide a deceleration lane for each project entrance or as may be required by the Fulton County Traffic Engineer.

5. To the owner's agreement to abide by the following:

a. To contact the Director of Public Works, prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.

b. Prior to the application for a Land Disturbance Permit with the Department of Environment and Community Development, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.

c. To contact the Public Works Department, Water Service Division, prior to the application for a Land Disturbance Permit (LDP) with the Department of Environment and Community Development, to meet with the Fulton County Drainage Engineer on-site.

d. The engineer/developer is required to submit along with the application for a Land Disturbance Permit (LDP) signed documentation verifying the storm water concept plan approval.

e. Provide at the LDP approval documentation (such as cross-section, profile, etc.) describing all existing natural streams, creeks, or draws geometry, within the proposed development boundary and provide the appropriate bank erosion protection for the conveyance system after development.

f. Prior to the application for a Land Disturbance Permit, the developer/engineer shall submit to the Department of Public Works, Surface Water Management Section, a project Storm Water Concept Plan. This concept plan shall include a preliminary drawing describing the proposed location of the project surface water quality and quantity facilities/Best Management Practices (BMP's), the existing downstream off-site drainage conveyance system that the proposed development runoff will impact, and the discharge path(s) from the facilities'/BMP's outlet(s) through the offsite drainage system to the appropriate receiving waters. As part of the concept plan, a preliminary capacity analysis shall be performed on the identified offsite drainage system to identify the capacity of all points of constraint (pipes, culverts, etc.), the point in the stream channel where 25 year storm peak flow is the greatest percentage of the channel capacity, and the impact of post developed flows on these points. The critical capacity points shall be selected based upon the engineers' professional judgment and limited field survey data.

g. The developer/engineer is responsible to conceptually describe to the County at the storm water concept plan approval phase post development structural Best Management Practices (BMP's) to be utilized to reduce surface water pollution impact associated with the proposed development. The detail engineering analysis and specifications of BMP's shall be included as a part of the LDP storm water submittal.

h. The developer/engineer is responsible to demonstrate to the County by engineering analysis at the Land Disturbance Permit application that the discharge rate and velocity of the storm water runoff leaving the site shall be restrained to 75 percent of the pre-development conditions for the 1-year storm up to and including the 10-year storm frequency event.

i. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, the discharge from any storm water management facility shall mimic pre-development sheet flow conditions and shall as a minimum utilize a level spreader as described in “Fulton County Storm Water Management Storm Drainage Design and Criteria Manual, December 2000”.

Comments: This information does not guarantee that adequate sewer capacity is available at this time or will be available upon application of permits. Please contact the Department of Public Works for more information.

DRAINAGE:

Flood Plain: 13121C0018E, 13121C0019E, Zone “X” Areas of 500-year Flood; Areas of 100 Year Flood with average depths of less than 1 foot.

EROSION AND SEDIMENTATION CONTROL

State Waters:

Confirmation of a State Water: Due to the brevity of the site information it is not possible to positively identify all drainage courses until an arborist site visit is made (the Fulton County Arborist is the official who delineates State Waters).

Comment: Should a State Water be identified on sites in North Fulton County, a 25-foot undisturbed buffer measured from the top of the bank on both sides of the stream shall be required. Should a State Water be identified on sites in South Fulton County, a 75-foot undisturbed buffer measured from the top of the bank on both sides of the stream with a horizontal impervious setback of 15 feet and an additional improvement setback of 10 feet shall be required.

USGS Blueline Tributary:

Confirmation of a Blueline Tributary: 1968 United States Geographical Survey (USGS)

Quadrangle Maps

Yes, United States Geographical Survey Map Birmingham, Georgia Quadrangle

Comment: Should a USGS (1968) Blueline Tributary be identified on sites in North Fulton County, a 35-foot undisturbed buffer measured from the top of bank on both sides of the tributary shall be required. Should a USGS (1968) Blueline Tributary be identified on sites in South Fulton County, a 75-foot undisturbed buffer measured from the top of the bank on both sides of the stream with a horizontal impervious setback of 15 feet and an additional improvement setback of 10 feet shall be required.

BOARD OF EDUCATION

# of Proposed Units: 60

Schools	Summit Hill Elementary	Northwestern Middle	Milton High
Estimated Number of Students Generated	23 to 52	11 to 26	14 to 29
State Capacity ^A	750	1,050	2,050
Forecasted 2002-03 Enrollment ^B	929 to 987	1,516 to 1,610	2,489 to 2,639
2002 - 2003 Enrollment Projected Over/Under State Capacity ^C	179 to 237	466 to 560	439 to 589
Number of Portable Classrooms	2	36	44
Can Facility Meet Increased Demand? ^D	No	No	No

Schools

Summit Hill Elementary

Northwestern Middle

Milton High

Estimated Number of Students Generated

23 to 52

11 to 26

14 to 29

State Capacity ^A

750

1,050

2,050

Forecasted 2002-03 Enrollment ^B

929 to 987

1,516 to 1,610

2,489 to 2,639

2002 - 2003 Enrollment Projected Over/Under State Capacity ^C

179 to 237

466 to 560

439 to 589

Number of Portable Classrooms

Can Facility Meet Increased Demand? ^D

^AState capacity has been updated to accommodate class-size reduction per HB 1187, the Governor's Education Reform

Act.

^BForecasted 1^st month enrollment for the 2002-03 school year.

^CPositive values indicate numbers of students a facility is projected to be over state capacity/ negative values indicate number of students a facility is projected to be under state capacity.

^DPrevious approved rezonings could overcrowd this school beyond the estimated enrollment.

Location

Average to Average + 1 Std. Deviation

Comments

North Fulton

One single family unit generates:

One multi-family apartment unit generates:

0.378 to 0.866

0.185 to 0.431

0.229 to 0.478

0.137 to 0.227

0.053 to 0.086

0.052 to 0.077

elementary school students per unit

middle school students per unit

high school students per unit

elementary school students per unit

middle school students per unit

high school students per unit

Sandy Springs

One single family unit generates:

One multi-family apartment unit generates:

0.135 to 0.638

0.067 to 0.299

0.130 to 0.435

0.155 to 0.288

0.051 to 0.107

0.052 to 0.108

elementary school students per unit

middle school students per unit

high school students per unit

elementary school students per unit

middle school students per unit

high school students per unit

South Fulton

One single family unit generates:

One multi-family apartment unit generates:

0.2514 to 0.521

0.1451 to 0.373

0.1898 to 0.350

0.244 to 0.377

0.102 to 0.172

0.086 to 0.138

elementary school students per unit

middle school students per unit

high school students per unit

elementary school students per unit

middle school students per unit

high school students per unit

Average Construction Cost Per Student	Annual Operating Cost Per Student	State Operating Cost Per Student	Fulton Operations Cost Per Student
$10,395	$7,889	$2,790	$5,099

Average Construction Cost Per Student

Annual Operating Cost Per Student

State Operating Cost

Per Student

Fulton Operations Cost Per Student

$10,395

$7,889

$2,790

$5,099

PARKS AND RECREATION

The petitioner requests 60 units in the State Bridge Planning Area. The Parks and Recreation Master Plan identifies an existing need for 67 additional acres of community park land in this planning area based on the 1990 population of 13,474. To maintain a standard of 5 acres of additional community park land per 1,000 additional people, impact from the proposed petition would require .750 acres of additional community park land at a cost of approximately $99,000.00.

To maintain existing facility standards including buildings, game fields, play courts, and the like, another $350 per additional person for new construction would be required at a cost of approximately $52,500.00.

The Parks and Recreation Master Plan further recommends the following improvements for the Unincorporated North Fulton County Planning Area:

1. Conduct recreation programming, beginning with the following schools, presently known as:

* Northwestern Elementary School

* Taylor Road Middle School