2003VC-0226 NFC
PROPOSED ZONING
O-I (OFFICE-INSTITUTIONAL) - 16,304.4 SQUARE FEET PER
PROPOSED USE
EXISTING ZONING R-3 (RESIDENTIAL)
EXISTING USE SINGLE FAMILY RESIDENCE
LAND USE MAP OFFICE
LOCATION
219.3 FEET OF FRONTAGE
212.42 FEET OF FRONTAGE
PARCEL SIZE .92
SMALL AREA 433
LL 92, DISTRICT 17
COMMISSION DISTRICT 4
OWNER
SHARON MCSWAIN HOMES
PETITIONER SHARON MCSWAIN HOMES
REPRESENTATIVE BILL AGUILAR
APPLICANT'S INTENT The applicant intends to develop an office building
with 15,000 square feet at a density of 16,304.4
square feet per acre. In addition, the applicant is
requesting the following 2-part concurrent
variance:
Part 1 – Delete the 10-foot improvement setback along the east property line (Article 4.23.1);*
Part 2 – Reduce the required number of parking
spaces from 45 spaces to 39 spaces (Article
18.2.1).*
Department of Environment
and Community Development
Recommendation
DENIAL: 2003VC-0226 (PART
1)
DENIAL:
2003VC-0226 (PART 2)
Community Zoning Board
Recommendation
DENIAL: 2003Z-0160 NFC
DENIAL: 2003VC-0226 (ALL PARTS
)
Board of Commissioners
DEFERRAL – 90
DAYS
Board of Commissioners
DEFERRAL – 30
DAYS
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The .92-acre subject site is currently
undeveloped and zoned R-3
(Residential). The subject site is located in Sandy
Springs Urban Overlay District.
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Maxim Cabaret (Existing)
Petition: Z74-077 NFC and Z78-094 NFC
Zone: C-1 (Community Business)
Density: Not Stated
Height: Maximum of 45 feet
** Further North - Use: Belini (Existing)
Petition: Z93-044 NFC
Zone: C-1 (Community Business)
Density: 12,122 square feet per acre
Height: 1 story
** Further North - Use: Sandalon East Retail and Office Space (Existing)
Petition: Z71-055 NFC
Zone: C-1 (Community Business)
Density: 15,955 square feet per acre
Height: 2 stories
** Further North – Use: Plaza Jewelers (Existing)
Petition: Z83-039 NFC
Zone: C-1 (Community Business)
Density: 2,108 square feet per acre
** South – Use: Harry Norman Realty (Existing)
Petition: Z73-157 NFC
Zone: C-1 (Community Business)
Density: Not Stated
** Further South – Use: Office Space (Existing)
Petition: Z77-039 NFC
Zone: O-I (Office Institutional)
Density: Not Stated
** Further South – Use: Dance Studio (Existing)
Petition: Z98-043 NFC
Zone: O-I (Office Institutional)
Density: 9,279.66 square feet per acre
** Further Southwest – Use: Office Space (Existing)
Petition: Z88-133 NFC
Zone: C-1 (Community Business)
Density: Not Stated
** Further Southwest – Use: AJC International (Existing)
Petition: Z79-102 NFC
Zone: O-I (Office Institutional)
Density: 8,649 square feet per acre
**
Further Southwest – Use:
Petition: Z80-084 NFC
Zone: O-I (Office Institutional)
Density: 8,000 square feet
** West – Use: Office Space (Existing)
Petition: Z83-009 NFC
Zone: O-I (Office Institutional)
Density: 10,374 square feet per acre
Height: 2 stories
**
Northwest – Use:
Petition: Z87-015 NFC
Zone: C-1 (Community Business)
Density: 9,353 square feet per acre
** Further Northwest – Use: Chevron (Existing)
Petition: Z68-038 NFC
Zone: C-1 (Community Business)
** Further Northwest – Apartment Building (Existing)
Petition: Z63-018 NFC
Zone: A-L (Apartment Limited)
** East, Southeast and Further East - Use: Residential Subdivision (Existing)
Petition: No Petition
Zone: R-3 (Residential)
** There have been no RECENT DENIALS and there are no MISCELLANEOUS USES/ZONINGS in the immediate area.
SITE PLAN ANALYSIS:
Based on the applicant's revised site plan submitted to the Department of Environment and Community Development on November 21, 2003, Staff offers the following considerations:*
The applicant is proposing to
develop an office building with 15,000 square feet at a density of 16,304.4
square feet per acre. The proposed
office use is consistent with the Comprehensive Plan Land Use Map's suggestion
of office development and is consistent with the surrounding land uses as
well. Commercial development such
as Maxim Cabaret and Belini's are located north of the
subject site, and office development is located south and west of the site. However, the requested density is not
consistent with the existing office development in the immediate vicinity. Pursuant to Z83-009 NFC, the Board
approved an office development with a density of 10,374 square feet per
acre. This office development is
located west of the site and across
In Staff's opinion, the proposed
office development is consistent with existing development in the area and
planning policies, if developed at a density consistent with office development
in the area. Staff recommends
APPROVAL CONDITIONAL of this
petition at maximum density of 10,869.57 square feet per acre with a total of
10,000 square feet.
The applicant must comply with
the building setbacks and development standards in Article 8.1.3 of the Zoning
Resolution.
In accordance with Article 12.B.5.B., the applicant must provide a l0-foot landscape
strip along
2003VC-0226 NFC, Part 1, - Delete 10-foot improvement setback along the east property line (Article 4.23.1).
According to the revised letter
of intent, the applicant intends to comply with all landscape strip and buffer
requirements. However, Staff notes that the proposed building and parking lot
are located in the 10-foot improvement setback on the revised site plan.* Staff recommends DENIAL of Part 1 of the concurrent
variance request. In Staff's
opinion, any hardship that may be experienced by the applicant with the
development of the site at the proposed density will be self-imposed. At Staff's recommended density, the
applicant should be able to comply with the buffer and improvement setback
standards.
According to Article 18.2.1 of the Zoning Resolution, the applicant must provide 45 parking spaces. The applicant is requesting the following concurrent variance to Article 18.2.1:
2003VC-0226 NFC – Reduce the required number of parking spaces from 45 to 39 spaces.*
Staff recommends DENIAL of Part 2 of the concurrent variance request. It is the opinion of Staff that the proposed density of development has created a self-imposed hardship. At Staff's recommended density, the applicant should be able to comply with the parking standards improvement setback standards.
The applicant is required to provide 6-foot wide sidewalks in accordance with Article 12.B.5.A.2.
FINDINGS:
(Article 28.4.1) Planning Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant.
A. WHETHER THE ZONING PROPOSAL WILL PERMIT A USE THAT IS SUITABLE N VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY.
FINDING: The proposed office development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated office development in the surrounding area.
B. Whether the zoning proposal will adversely
affect the existing use or usability of adjacent or nearby
property.
FINDING: In Staff's
opinion, the proposed development will not have an adverse effect on the use or
usability of adjacent and nearby properties if developed in accordance with the
Recommended Conditions.
C. WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED.
FINDING: The subject site may have a reasonable use as currently zoned.
D.
WHETHER THE ZONING PROPOSAL WILL RESULT IN A USE WHICH WILL OR COULD
CAUSE AN EXCESSIVE BURDENSOME USE OF EXISTING STREETS, TRANSPORTATION
FACILITIES, UTILITIES, OR SCHOOLS.
FINDING: In Staff's view, the proposed office use may result in an increased demand on the existing transportation facilities. This project lies in Transportation Service Area 4101. Staff has advised the applicant that the developer/builder may be required to pay a fair share participation in the expansion of these facilities and services and should contact the Central Impact Fee Office at 730-7800 for more information.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed office development is consistent with the policies and intent of the Comprehensive Plan, if developed at a maximum density of 10,869.57 square feet per acre and provided the Recommended Conditions are incorporated into the development.
LAND
USE PLAN MAP: Office
Proposed use/density: Office/16,304.4 Square Feet Per Acre
The Comprehensive Plan Land Use Map suggests office uses north, south and west of the subject site. Residential development at a density of 1 to 2 units per acre is suggested east of the site. Commercial development is suggested further north of the site.
PLAN POLICIES:
Encourage a broad range of business types and an even distribution of
employment
centers among the major divisions of
unincorporated
Provide for the transition of land uses from higher to lower intensity
land uses.
F. WHETHER THERE
ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF
THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF
THE ZONING
PROPOSAL.
FINDING: Existing zonings,
current non-residential development trends in the area, and adopted land use
policies support this request for office development.
G.
WHETHER THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED
ENVIRONMENTALLY ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF
FINDING: The proposed
office development is not considered environmentally adverse affecting natural
resources, the environment, or the citizens of
CONCLUSION:
Given the existing land uses and zoning in the area, Staff
is of the opinion that the proposed use is appropriate for the subject
site. Therefore, Staff recommends
that this petition be APPROVED CONDITIONAL for O-I (Office Institutional) at a maximum
density of 10,869.57 square feet per acre totaling no more than 10,000 square
feet. Staff recommends DENIAL of Parts 1 and 2 of the
concurrent variance request (2003VC-0226 NFC).
COMMUNITY ZONING BOARD MEETING
On
2003VC-0226 NFC – Reduce the required number of parking spaces
from 45 to
39 spaces.*
BOARD OF COMMISSIONERS MEETING
On
RECOMMENDED
CONDITIONS
If this petition is approved by the Board of Commissioners, it should be approved O-I (Office-Institutional) CONDITIONAL 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 Board of Commissioners.
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Office/institutional and accessory uses at a maximum density of 10,869.57 square feet of gross floor area per acre zoned or a total gross floor area of 10,000 square feet, whichever is less, but excluding hotels.
b. Limit the height of the building(s) to no more than 2 stories.
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
3. To the owner's agreement to the following site development considerations:
a.
No more than 1 exit/entrance on
b.
No access shall be allowed from
4. To the owner's agreement to abide by the following requirements, dedication and improvements:
a.
Reserve for
Reserve from centerline of Roswell Road (SR) or as may be required by the Georgia Department of Transportation;
b. 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:
55 feet from
centerline of
30 feet from centerline of
c.
Provide signal upgrades at the intersection of
d. Provide a traffic impact mitigation plan to reduce the number of vehicular trips generated by the development to the Fulton County Traffic Engineer at the concept review phase.
5. To the owner's agreement to abide by the following:
a. Prior to submitting the application for a Land Disturbance Permit (LDP) with the Department of Environment and Community Development, Development Review Division, arrange 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 submitting the application for an LDP, 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 an LDP.
c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.
d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc., the point in the stream channel where the 25 year storm peak flow is the greatest percentage of the channel capacity, and the hydraulic grade elevation at these points. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited field survey data.
e. 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 the storm water management facility outlet shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan.
f. A draft of the Inspection and Maintenance Agreement required by OCGA Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as intended/designed, and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended/designed.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building Permit associated with the development.
i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to remove pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A description of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan.
k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of all existing natural streams, creeks, or draws within the proposed development boundary and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.
l. The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff leaving the site is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE: Various
Road name:
Classification:
Arterial
Road name:
Classification:
Anticipated Traffic
Generation Rates:
Average: 309 trips per
day
Peak Hour: 41 trips
Comments: The developer may be required to
dedicate the necessary right-of-way and make the necessary road improvements to
accommodate additional traffic generated as a result of the
development.
Project number STP-7626-00 (060), P.I. No. 762606 is a
sidewalk project from I-285 to the Atlanta City Limits. The project design ha
not started as of this date. The applicant shall construct this sidewalk to
current
HEALTH
DEPARTMENT:
Comments:
The Fulton County Health Department does not anticipate
any health problems with this proposed
development, provided public water and public sanitary sewer are
required to serve the site.
OFFICE OF ENVIRONMENTAL
AFFAIRS:
All
construction shall be in accordance with the regulations found in the Fulton
County Comprehensive
Stormwater
Management Ordinance and all other applicable rules of
Governments.
All
construction and land disturbing activities should be designed to minimize soil
erosion, protect State
Waters and
prevent off-site sedimentation, in accordance with the regulations found in the
Soil
Erosion and Sedimentation Control Ordinance and all other applicable rules of
Federal
Governments.
Buffers and improvement setbacks are effective
environmental measures that minimize runoff and soil
erosion. In the
event that compliance with the Fulton County Zoning Resolution as determined by
County does not represent a hardship to the applicant,
all undisturbed buffers and improvement setbacks
should be maintained
WATER AND WASTEWATER
(SEWER):
WATER:
Anticipated water demand:
1,667 gallons per day
This project is within the
Comments: This information
does not guarantee that adequate water volume and pressure are available at this
time or will be adequate upon application of permits. Please contact the
Department of Public Works for more information.
SEWER:
Basin:
Treatment Plant: R.M.
Clayton
Anticipated sewer demand:
1,500 gallons per day
The nearest wastewater
pipeline to this project is +/-25 linear feet located in Land Lot 92, District
17.
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:
FEMA Map No. 13121C0144E , Floodplain
0%
STREAM BUFFER PROTECTION:
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 Waters be identified on sites in
USGS Blueline
Tributary:
Confirmation
of a Blueline Tributary: 1968
No,
BOARD OF
EDUCATION: No
Comment
PARKS AND
RECREATION: No
Comment
BUILDING
CODES
This proposed
development must meet all applicable regulations pursuant to the Building Code,
2000 edition, and Life Safety Code, 1997 edition.
TAX
ASSESSOR:
Property Tax
ID#: 17-92-4-41
Taxes on the
subject property are up-to-date.
FIRE
MARSHAL:
Comment: The applicant
will be required to indicate compliance with all National Fire Protection
Association and International Fire Protection Association standards at the time
of application for a Land Disturbance Permit.
Fire Station:
10; Battalion: 4
Impact: This
project should not have an adverse impact on the fire services
needed.
POLICE
DEPARTMENT ZONING IMPACT STATEMENT:
Beat:
20
Impact
Statement on Beat:
Current calls
for service:
9,623
Projected
calls for service: Unknown
**** Current
average response time: 10 minutes
** Increase in
the number of residents: 29
* Increase in
E-911 calls
for service (police, fire, E.M.S.): 72.7
*** Increase
in the number of traffic accidents:
1.5
PROJECTED
IMPACT ON DEMAND FOR POLICE SERVICES:
It is the
policy of the Fulton County Police Department to answer all calls for service
regardless of the impact of a particular development. However, two of the most
noticeable indicators of the quality of police service will be as follows: As
demands for service increase, police response time to calls will increase. Time
available for proactive neighborhood/business patrol will decrease and crime
prevention efforts will decline.
The Police
Department does anticipate a significant impact on demand for police
services.
*
Based on 1998 population of 222,794 and 1998 total calls for service of
584,054 (194,242 for police services).
**
Based on average single family residence population of four, average
apartment population of two and 1.96 persons per 1,000 gross square feet of
space.
*** Based
on 1998 accident calls of 8,009.
**** Based on
average response time of 10.7 minutes (
***** Based on average
of two (2) cars per single family residence.
Note: The
demand for police service is determined by socio-economic, legislative and other
forces which do not lend themselves to predictability. Therefore, projections
are made from historical data only. (There has been a 13.96%
increase in calls for police service from 1996 to
1997).
EMERGENCY
SERVICES:
If zoning
petition is approved there will be an increase in E911 call
volume.
Addressing of
all proposed properties identified within the petition must comply with the
County's addressing standards to reduce the likelihood of a delay in response
time.
All gate codes
must be provided to the local 911center providing call reception for emergency
and non-emergency requests.