PETITION No. 2004Z -0070 SFC

2004VC-0091 SFC


 

PROPOSED ZONING                     C-1 (COMMUNITY BUSINESS) - 4,304.33 SQUARE     FEET PER ACRE

 

PROPOSED USE                               RETAIL SERVICE COMMERCIAL -

                                                                        185,000 SQUARE FEET

 

EXISTING ZONING                           M-1 (LIGHT INDUSTRIAL) - Z86-084 SFC

                                                                        C-2 (COMMERCIAL) - Z87-220 SFC

 

EXISTING USE                                    UNDEVELOPED

 

LAND USE MAP                                  BUSINESS PARK

 

LOCATION                                              RESEARCH CENTER ATLANTA DRIVE (WEST SIDE): 1,051 FEET OF FRONTAGE

 

FAIRBURN ROAD (EAST SIDE):

                                                                        1,495.3 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 42.98 ACRES

 

                                                                        SMALL AREA 507

 

                                                                        LL 10, DISTRICT 14FF

 

            COMMISSION DISTRICT 7

                                                                       

OWNER                                                    DELTA CASCADE PARTNERS lll PRIME

 

PETITIONER                                         DELTA CASCADE PARTNERS lll PRIME

 

REPRESENTATIVE                          PETER M. DEGNAN


 

APPLICANT'S INTENT        To develop 185,000 square feet of retail service commercial space on 42.98 acres for an overall density of 4,304.33 square feet per acre. The applicant has requested a 3-part concurrent variance as follows:

 

                                                            Part 1. To increase the height and size of the identification monument sign to match the existing Home Depot sign which has a height of 32 feet and a surface area of 324 square feet. (Article 12C.4.A.1)

 

                                                            Part 2. To allow an off-site sign. (Article 33.4.9)

 

                                                            Part 3. To allow off-site signage within the right-of-way. (Article 4.3.5)


 

ZONING HISTORY:

 

Department of Environment and Community Development

Recommendation

July 21, 2004

 

APPROVAL CONDITIONAL: 2004Z-0070 SFC

DENIAL: 2004VC-0091 SFC - PART 1

APPROVAL CONDITIONAL: 2004VC-0091 SFC - PARTS 2 & 3

 

 

Community Zoning Board Recommendation

July 21, 2004

 

DENIAL: 2004Z-0070 SFC

DENIAL: 2004VC-0091 SFC - ALL PARTS

 

 

Board of Commissioners' Action

August 4, 2004

 

DENIAL: 2004Z-0070 SFC

DENIAL: 2004VC-0091 SFC - ALL PARTS

 

 

Department of Environment and Community Development

Recommendation

October 5, 2005

 

APPROVAL CONDITIONAL: 2004Z-0070 SFC

DENIAL: 2004VC-0091 SFC - PART 1

APPROVAL CONDITIONAL: 2004VC-0091 SFC - PARTS 2 & 3

 

Following an appeal filed by the applicant, the Fulton County Superior Court rendered judgment in favor of the applicant on August 18, 2005 and ordered Fulton County to rezone the property to a constitutional classification within sixty (60) days from the date of entry of this Order.  This petition is now before the Board of Commissioners' on October 5, 2005 in compliance with this Order.

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE: Consisting of 42.98 acres, the subject site has frontage on the east side of Fairburn Road and the west side of Research Center Atlanta Drive.  Located north of Cascade Road and behind a Fulton County Library and the Publix Shopping Center, the site is primarily zoned M-1 (Light-Industrial) pursuant to Z86-084 SFC and approved for industrial and accessory uses at a density of 5,990 square feet or a total gross floor area of 230,000 square feet.  A portion of the site is zoned C-2 (Commercial) pursuant to Z87-220 SFC.  The site is currently undeveloped.

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

 

**         North - Use: Undeveloped

            Zone: M-1 (Light Industrial)

            Petition: Z62-027 SFC

            Density: None Stated

           

**         Northeast - Use: Industrial Park (Existing)

            Zone: M-1 (Light Industrial)

            Petition: Z67-068 SFC

            Density: None Stated

           

**         East & South - Use: Children's Place Daycare (Existing)

            Zone: M-1 (Light Industrial)

            Petition: Z67-068 SFC

            Density: None Stated

 

**         East - Use: Home Depot (Existing)

            Zone: M-1 (Light Industrial)

            Petition: Z67-068 SFC

            Density: None Stated

 

**         Southeast - Use: Arbor Terrace at Cascade Assisted Living (Existing)

            Zone: C-1 (Community Business)

            Petitions: 97Z-158 SFC/ 97U-078 SFC

            Density: 8,913 Square Feet Per Acre/ 63 Beds

            Height: 2 Stories

 

**         Further Southeast - Use: BP/Amoco Gas Station (Existing)

            Zone: C-1 (Community Business)

            Petitions: Z67-067 SFC

            Density: None Stated

 

**         Further Southeast (East of I-285) - Use: Kaiser Permanente Medical Offices (Existing)

            Zone: O-I (Office-Institutional)

            Petition: Z86-296 SFC

            Density: 20,443 Square Feet Per Acre

            Height: 8 Stories

 

**         Further Southeast (East of I-285) - Use: Undeveloped

            Zone: C-1 (Community Business)

            Petition: Z91-019 SFC

            Density: 8,000 Square Feet Per Acre

            Height: 2 Stories

 

**         Further Southeast (East of I-285) - Use: Kroger Center (Existing)

            Zone: C-1 (Community Business)

            Petition: Z91-019 SFC

            Density: 8,000 Square Feet Per Acre

            Height: 2 Stories

 

**         Further Southeast (East of I-285) - Use: Vacant Service Station (Existing)

            Zone: C-1 (Community Business)

            Petition: Z69-005 SFC

            Density: None Stated

 

**         Further Southeast (East of I-285) - Use: Chevron Gas Station (Existing)

            Zone: C-1 (Community Business)

            Petition: Z68-097 SFC

            Density: None Stated

           

**         South - Use: Publix at Cascade Crossing Shopping Center/ Wendys (Existing)

            Zone: C-2 (Commercial)

            Petition: Z87-220 SFC

            Density: 8,205 Square Feet Per Acre

 

**         South - Use: Car Wash (Under Construction)

            Zone: C-2 (Commercial)

            Petition: Z86-085 SFC

            Density: 8,205 Square Feet Per Acre

 

**         Further South - Uses: Applebees Restaurant, Verizon Wireless, McDonalds, Starbucks (Existing)

            Zone: C-1 (Community Business)

            Petition: Z87-221 SFC

            Density: 8,200 Square Feet Per Acre, 44,280 Total Square Feet

            Height: 2-Stories

 

 

**         Further South - Use: Kids-R-Kids Day Care Facility (Existing)

            Zone: R-6 (Residential)

            Petitions: 2000Z-0076 SFC, 2000U-0035 SFC

            Density: 3,041 Square Feet Per Acre, 14,600 Total Square Feet

           

**         Southwest - Use: Eckerds Drug Store (Existing)

            Zone: C-1 (Community Business)

            Petition: Z93-098 SFC

            Density: 7,500 Square Feet Per Acre

            Height: 2 Stories

 

**         Southwest - Use: Tires Plus (Existing)

            Zone: C-1 (Community Business)

            Petition: Z93-098 SFC

            Density: 7,500 Square Feet Per Acre

            Height: 2 Stories

 

**         Further Southwest - Uses: Walgreens, Moe's Southwest Grill, Nails (Existing)

            Zone: C-1 (Community Business)

            Petition: Z58-003 SFC

            Density: None stated

           

**         West - Use: Le Villages at Cascade & Wrought Iron Manufacturing (Existing)

            Zone: M-1 (Light Industrial) 

            Petition: Z68-109 SFC

            Density: None Stated

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         Further South of Cascade Road - Use: Westwood Glen Apartments (Existing)

            Zone: A-1 (Apartment)

            Petition: Z67-100 SFC

            Density: 248 Units Total

 

**         Further South of Cascade Road - Use: Martins Parks at Cascade (Under Construction)

            Zone: R-5 (Residential)

            Petition: 2001Z-0027 SFC

            Density: 2.78 Units Per Acre

Minimum Lot Size: 7,500 Square Feet; 9,000 Square Feet Abutting R-3 Zoning

Minimum Heated Floor Area: 2,300 Square Feet

 

**         Southeast (East of I-285) - Use: Undeveloped

            Zone: TR (Townhouse Residential)

            Petition: Z77-085 SFC

            Density: 8 Units Per Acre

           

**         Southeast (East of I-285) - Use: Regency Park Townhomes (Existing)

            Zone: TR (Townhouse Residential)

            Petition: Z86-173 SFC

            Density: 5.8 Units Per Acre

 

**         Southeast (East of I-285) - Use: Cascade Glen Subdivision (Existing)

            Zone: TR (Townhouse Residential)

            Petition: Z86-173 SFC

            Density: 3.1 Units Per Acre

            Observed Minimum House Size: 2,000 Minimum Square Feet

 

**         Southeast (East of I-85) - Use: Wrigley Acres Subdivision (Existing)

            Zone: R-3 (Residential)

            Petition: None

            Observed Minimum House Size: 1,600 Square Feet

 

            RECENT DENIALS IN AREA:

 

**         On March 5, 2003, the Fulton County Board of Commissioners denied a rezoning request from C-1 (Community Business) to C-2 (Commercial) pursuant to 2002Z-0092 SFC for a car wash/car lube facility and retail space at the northeast intersection of Cascade Road and Interstate 285.

 

**         On March 7, 2001, the Fulton County Board of Commissioners denied a rezoning request from M-1 (Light Industrial) to TR (Townhouse Residential) pursuant to 2000Z-0121 SFC for townhouse development along the west side of Fairburn Road across from the subject site. 

 

**         On October 4, 2000, the Fulton County Board of Commissioners denied a rezoning request from C-1 (Community Business) to C-2 (Commercial) pursuant to 2000Z-0012 SFC for a car wash/car lube facility and retail space on Fairburn Road, southwest of the subject site.

 

**         On November 3, 1999, the Fulton County Board of Commissioners denied a rezoning request from M-1 (Light Industrial) to M-2 (Heavy Industrial) pursuant to 99Z-0126 SFC for a truck terminal and parking facility along the west side of Fairburn Road across from the subject site. 

 

**         On November 3, 1999, the Fulton County Board of Commissioners denied a rezoning request from M-1 (Light Industrial) to O-I (Office-Institutional) pursuant to 99Z-0120 SFC for to allow for the development of a 168 bed independent senior living facility on Research Center Atlanta Drive, north and northeast of the subject site. 

 

**         On November 6, 1996, the Fulton County Board of Commissioners denied a rezoning request from M-1 (Light Industrial) to M-2 (Heavy Industrial) pursuant to 96Z-066 SFC for a retail shopping center and restaurant at the southwest intersection of Cascade Road and Interstate 285. 

 

**         On May 5, 1999, the Fulton County Board of Commissioners denied a rezoning request from R-3 (Residential) to C-1 (Community Business) pursuant to 99Z-050 SFC for retail and service commercial uses at the southeast intersection of Cascade Road and Shanter Trail. 

 

            MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         South of the site near the intersection of Cascade Road and Research Center Atlanta Drive is the Fulton County Southwest Regional Library.

 

SITE PLAN ANALYSIS:

 

Based on the applicant's site plan submitted to the Department of Environment and Community Development on May 17, 2004, Staff offers the following considerations:

 

LAND USE AND DENSITY

 

The applicant is proposing an 185,000 square foot retail development on 42.98 acres at a density of 4,304.33 square feet per acre. The applicant's request is consistent and compatible with other commercial zonings in the area.  Southeast of the site, pursuant to 97Z-158 SFC, the Board of Commissioners approved C-1 (Community Business) at a density of 8,913 square feet per acre.  South of the site, pursuant to Z87-220 SFC, the Board of Commissioners approved C-2 (Commercial) at a density of 8,205 square feet per acre.  Pursuant to Z93-098 SFC, southwest of the site, the Board of Commissioners approved C-1 (Community Business) at a density of 7,500 square feet per acre. 

 

Staff is of the opinion that the applicant's request is consistent and compatible with the intent of the Comprehensive Land Use Plan Map, Plan Policies and Board actions in the area. Therefore, Staff supports retail development on the site as requested by the applicant. 

 

BUILDING SETBACKS

 

The submitted site plan complies with the minimum 40-foot building setback along Research Center Atlanta Drive and Fairburn Road pursuant to Article 9.1.3 of the Fulton County Zoning Resolution.

           

LANDSCAPE STRIPS AND BUFFERS

 

Pursuant to Article 12C.3.A of the Cascade Overlay District within the Fulton County Zoning Resolution, the following landscape strips are applicable to the proposed development:

 

15-foot wide landscape strips along Research Center Atlanta Drive and Fairburn Road; and a

 

10-foot wide landscape strip along interior property lines adjacent to a nonresidential zoning and/or use.

 

The submitted site plan indicates compliance to the required landscape strips along Research Center Atlanta Drive and Fairburn Road.  However, the site plan only indicates a 7.5-foot wide landscape strip along interior property lines.  Given the large amount of acreage, Staff is of the opinion that the site can accommodate the 10-foot wide landscape strips along interior property lines.

 

Staff notes that there are two creeks (North Utoy Creek & South Utoy Creek) that traverse through the property.  As referenced in the Appendix, when a State Waters is identified on sites in South Fulton County, a 75-foot undisturbed buffer measured from top of bank on both sides of the stream with a horizontal impervious setback of 15 feet and an additional improvement setback of 10 feet is required.  The submitted site plan indicates compliance to the required buffers and setbacks for both creeks shown on the property.

     

PARKING

 

Per Article 18 of the Fulton County Zoning Resolution, a minimum of 5 parking spaces are required per 1,000 square feet of retail development.  Based on the total proposed 185,000 square feet of retail uses for the overall development, the site must have a minimum of 925 parking spaces.  Staff notes that the submitted site plan indicates a total of 820 parking spaces based on a ratio of 4.43 parking spaces per 1,000 square feet of retail development. Therefore, compliance to Article 18 has not been met. The applicant must show compliance during the land disturbance permitting process or request a variance with the Board of Zoning Appeals.    

 

CONCURRENT VARIANCES

 

The applicant is requesting the following concurrent variances pursuant to signage location:

 

2004VC-0091 SFC, Part 2 - Allow off-site sign (Article 33.4.9)

 

2004VC-0091 SFC, Part 3 - Allow off-site sign to be located within the right-of-way (Article 4.3.5)

 

The location of the sign off-site and within the right-of-way would allow it to co-exist with the Home Depot sign at the intersection of Research Center Atlanta Drive and Cascade Road.  The applicant states in the Letter-of-Intent that these variances are requested to increase visibility to the retail development as well as allow the retailer to operate in a manner similar to their other stores and similar to nearby retailers.  Staff notes that the location of the proposed retail development on Research Center Atlanta Drive as well as the topographical restraints on the property allows no visibility from Cascade Road.  Therefore, Staff supports concurrent variance requests 2004VC-0091 SFC, Part 2 and 2004VC-0091 SFC, Part 3.

 

2004VC-0091 SFC, Part 1 - Increase the height and size of identification monument sign to match existing sign Home Depot sign. (Article 12C.4.A.1)

 

The applicant is requesting a concurrent variance to the Cascade Overlay District to increase the height and size of the identification monument sign.  Pursuant to Article 12C.4.A.1, the height of a free standing sign shall not exceed 20 feet and the maximum surface area shall not exceed 64 square feet.  On May 19, 1994, Home Depot sign was granted a variance through the Board of Zoning Appeals to allow a sign height of 32 feet and a total square footage of 324 square feet for the identification sign pursuant to V94-051 SFC. Staff is of the opinion that marketing and advertisement is not a valid hardship.   Therefore, Staff does not support 2003VC-0106 SFC, Part 1.

 

OTHER CONSIDERATIONS

 

Staff notes that several non-residential zonings in the surrounding area were restricted to a building height of 2-stories pursuant to Z93-098 SFC, Z87-221 SFC, Z91-019 SFC and 97Z-158 SFC.  Therefore, Staff will restrict the proposed retail development to 2-stories.

 

Sidewalks, curb and gutters are required pursuant to Article 34.5.3 of the Fulton County Zoning Resolution.

 

Interparcel access may be required pursuant to Article 34 of the Fulton County Zoning Resolution.

 

The applicant will be required to meet all pertinent standards of the Cascade Overlay District at the time of the Land Disturbance Permit (LDP) process. 

 

 

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 IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY.

 

FINDING:      The proposed retail development is suitable for the subject site considering its location in proximity to similar uses and zoning classifications, Staff is of the opinion that the proposed retail development is appropriate for the 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:      The proposed retail development will have some impact on public services and facilities.  Some impact on the surrounding transportation system is also expected but should be mitigated with compliance to the attached Recommended Conditions for project improvements.

 

E.        WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.

 

FINDING:      The proposed retail development is consistent with the policies and intent of the Comprehensive Plan, provided the Recommended Conditions are incorporated into the development.

 

LAND USE PLAN MAP: Business Park

 

Proposed use/density: Retail & Service Development/ 4,304.33 Square Feet Per Acre

 

The Comprehensive Land Use Plan Map suggests business park development for areas north, east and west of the subject site. A small area south of the site is suggested for community facilities.  Retail and services uses are suggested for other areas south the site.

   

PLAN POLICIES:

 

Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use, activity nodes.

 

Manage linear development on designated mixed-use activity corridors by controlling access and maintaining road standards for level of service.

 

Encourage development in areas where basic public facilities exist or are being improved, and discourage development in areas which would require inefficient or uneconomical extension of public facilities.

 

Promote interparcel and shared access between adjacent uses or within a development site.

 

Encourage appropriate building heights which are compatible with the surrounding area and are consistent with transitional and other land use policies.

 

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 commercial development trends in the area, and adopted land use policies support this request for commercial development.

 

G.        WHETHER THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF FULTON COUNTY.

 

FINDING:      Staff notes that the site plan indicates that portions of the building are within a designated flood plain.  The Fulton County Drainage Engineer conducted a site visit, the following observations and comments were made:

 

Flood Plain: FEMA MAP NO# 13121C0, Approximate=56%.  Studied by FEMA. Flood study is required. The developer/engineer is responsible to provide a floodplain mitigation plan for review, when submitting the Stormwater Management Concept Plan. 

 

A field survey of the site was also conducted by the Environment Division.  According to the County's GIS data and applicant's site plan, state waters are located on the proposed site.  Development of this site has the potential to adversely impact state waters through sedimentation runoff, which will decrease the natural stream flow, increase the amount of suspended solids, and affect the turbidity.  Compliance with erosion control guidelines, which requires developers to mitigate the impact of activities that increase soil erosion, as well as the natural vegetative buffers would mitigate adverse developmental impacts to the environment.  The proposed development site is located in a flood prone area. All construction shall be in accordance with the regulations found in the Fulton County Flood Management Ordinance and all other applicable rules of Fulton County, State and Federal Governments.

CONCLUSION:

 

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed retail development is consistent with the policies and intent of the Comprehensive Plan and with approved zonings in the area.  Therefore, Staff recommends APPROVAL CONDITIONAL of the rezoning request and APPROVAL of concurrent variances, Parts 2 and 3. Staff also recommends DENIAL of concurrent variance, Part 1.

 


RECOMMENDED CONDITIONS

 

If this petition is approved by the Board of Commissioners, it should be approved C-1 (Community Business) 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.         Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, at a maximum density of 4,304.33 gross square feet per acre zoned or a total of 185,000 square feet, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants and commercial amusements.

 

b.         Limit height of buildings to no more than 2 stories.

 

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

 

a.         To the site plan received by the Department of Environment and Community Development on May 17, 2004.  Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution 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.

 

3.         To the owner's agreement to the following site development considerations:

 

a.         Provide a minimum of two (2) exits/entrances, one entrance must be provided from Research Center Atlanta Drive and one entrance must be provided from Fairburn Road.  The curb cuts located on Research Center Atlanta Drive must align with one of the Home Depot driveways.  All exit/entrance details (number, locations, alignments, etc.) are subject to the approval of the Fulton County Traffic Engineer.

 

b.         Allow off-site sign. (2004VC-0091 SFC, Part 2)

 

c.         Allow off-site sign within public right-of-way. (2004VC-0091 SFC, Part 3)

 

d.         To provide interparcel vehicular access or as may be approved by the Director of the Department of Environment and Community Development.


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

 

a.         Provide intersection improvements and/or traffic signal upgrades at the intersections of Cascade Road at Research Center Atlanta Drive, Cascade Road at Fairburn Road, Cascade Road at I-285 Northbound Ramp, Fairburn Road at proposed entrance, and Research Center Atlanta Drive at proposed entrance.  Details of all improvements must be submitted during the concept plan review phase and are subject to the approval of the Fulton County Traffic Engineer.

 

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:

 

30 feet from centerline of Research Center Atlanta Drive.

 

30 feet from centerline of Fairburn Road.

 

c.         Provide design of roadway/corridor improvements along Research Center Atlanta Drive, Fairburn Road and Cascade Road.  Improvements must include a deceleration lane and a left turn lane for each project entrance but are not limited to the aforementioned.  Details of all improvements must be submitted during the concept plan review phase and are subject to the approval of the Fulton County Traffic Engineer.

 

d.         Provide a traffic study (study area limits to be determined) to the Fulton County Traffic Engineer before or during the concept plan review phase.  Provide a traffic signal warrant analysis for the intersection of Fairburn Road at the proposed development entrance and the intersection of Research Center Atlanta Drive at the proposed development entrance.  The traffic study and traffic signal warrant analysis will assist in determining the details of the intersection improvements, roadway/corridor improvements and traffic signal installations/upgrades.

 

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.         Prior to the application for a Land Disturbance Permit (LDP) with the Department of Environment and Community Development, the developer/engineer shall contact the Public Works Department, Water Service Division and arrange 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.          The developer/engineer is responsible to demonstrate to the County by engineering analysis at the Land Disturbance Permit application that the proposed development surface water runoff conditions: are controlled at the minimum predevelopment level so that downstream conveyance systems will not be impacted, do not aggravate existing flooding or drainage problems, and do not create new flooding or drainage problems off-site.

 

g.         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.

 

h.         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 detailed engineering analysis and specifications of BMP's shall be included as a part of the LDP storm water submittal.

 

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”.

 

j.          At the Concept review stage provide information on the Structural Best Management Practices (BMP's) that will be used to remove pollutants, such as organic matter, oil and grease from parking lot surface water runoff leaving the site. An assessment of the use of adsorptive filter catch basin inserts shall be provided, and selected BMP's shall be described and located on the storm water concept plan.

k.         The developer/engineer is responsible to provide a floodplain mitigation plan for review, when submitting the Stormwater Management Concept Plan.  This mitigation plan shall include the proposed compensation method for the relocation of the existing 100 year floodplain horizontal limit and storage capacity, depict that all compensation will occur within the boundaries of ownership of the property being developed, or within a permanent recorded flood control easement, and shall be within a reasonable proximity to the  location of the encroachment.  The acceptable means of providing the required compensation shall include:  lowering of natural ground elevations within the floodplain flood fringe area, or lowering of adjoining land areas to create additional floodplain fringe areas.  All cut areas are to be graded to a slope of no less than one (1%) percent and in no case shall any required compensation be provided via bottom storage.  The design detail of the floodplain mitigation plan shall be submitted at the LDP, with the applicable completed FEMA package, to be sign by the Department of Public Works floodplain management designee, before applicant forwards the submittal package to FEMA for final approval.

 


APPENDIX

 

COMMENTS ON PUBLIC SERVICES AND UTILITIES

 

NOTE: Various Fulton County departments or divisions that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant's conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved, are required to complete the Fulton County Plan Review process prior to the commencement of any construction activity.

 

TRANSPORTATION FACILITIES:

 

Road name: Research Center Atlanta Drive

Classification: Local Street

Level of Service: C or better

 

Road name: Fairburn Road

Classification: Major Collector

Level of Service: C or better

 

Road name: Cascade Road

Level of Service: D

 

Anticipated Traffic Generation Rates:

Average: 7,777 trips per day

Peak Hour: 1,186 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.

 

GEORGIA DEPARTMENT OF TRANSPORTATION (GDOT):

 

There are no GDOT projects at this location.

 

HEALTH DEPARTMENT:

 

The Fulton County Health Department recommends that the applicant be required to connect the proposed development to public water and public sanitary sewer available to the site.

 

If this proposed development includes a food service facility, the owner must submit kitchen plans for review and approval by this department before issuance of a building permit and beginning construction.  The owner must obtain a food service permit prior to opening.

 

This department is requiring that plans indicating the number and location of outside refuse containers along with typical details of the pad and approach area for the refuse containers be submitted for review and approval.

 

OFFICE OF ENVIRONMENTAL AFFAIRS:

 

A field survey of the site was conducted by the Environment Division.  According to the County's GIS data and applicant's site plan, State Waters are located on the proposed site.  Development of this site has the potential to adversely impact state waters through sedimentation runoff, which will decrease the natural stream flow, increase the amount of suspended solids, and affect the turbidity.  Compliance with erosion control guidelines, which requires developers to mitigate the impact of activities that increase soil erosion, as well as the natural vegetative buffers would mitigate adverse developmental impacts to the environment.

 

The proposed development site is located in a flood prone area. All construction shall be in accordance with the regulations found in the Fulton County Flood Management Ordinance and all other applicable rules of Fulton County, State and Federal Governments.

 

WATER AND WASTEWATER (SEWER):

 

WATER:

 

Anticipated water demand: 20,555 gallons per day

 

This project is within the City of Atlanta jurisdiction.

 

SEWER:

 

Basin: Utoy Creek

Treatment Plant: Utoy Creek

Anticipated sewer demand: 18,500 gallons per day

 

The nearest wastewater pipeline to this project is on site located in Land Lot 10, District 14FF.

 

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# 13121C0, Approximate=56%.  Studied by FEMA.  Flood study is required.

 

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: When a State Waters is identified on sites in South Fulton County, a 75-foot undisturbed buffer measured from top of bank on both sides of the stream with a horizontal impervious setback of 15 feet and an additional improvement setback of 10 feet is required.

 

USGS   Blueline Tributary:

 

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

 

 Yes, United States Geographical Survey Map Ben Hill, Georgia Quadrangle

 

Comment: When a USGS (1968) Blueline Tributary and/or other perennial streams is identified on sites in South Fulton County, a 75-foot undisturbed buffer measured from the top of bank on both sides of the tributary with a horizontal impervious setback of 15 feet and an additional improvement setback of 10 feet is required.

 

BOARD OF EDUCATION:

 

No adverse impact on projected school enrollment.

 

 

 

PARKS AND RECREATION:

 

No comments.

 

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#: 14FF-0010-0000-078

 

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: #23

 

Impact: Will increase water demand.

 

POLICE DEPARTMENT ZONING IMPACT STATEMENT:

 

Beat: 41

 

Impact Statement on Beat:

Current calls for service: 8,647

Projected calls for service: Unknown

**** Current average response time: 9 minutes

 

** Increase in the number of residents: 362

 

* Increase in E-911 calls  for service (police, fire, E.M.S.): 908.6

 

*** Increase in the number of traffic accidents: 18.8

 

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 (North Fulton) and 8 minutes (South Fulton).

*****      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.  The increase may negatively affect the Department's call answering speed and service level.

 

Increase traffic volume without road improvements may increase response times of emergency response vehicles thereby reducing effective delivery of emergency services.

 

Addressing of all proposed properties identifies within the petitioned area must comply with the County's Addressing Standard to reduce the likelihood of delay in response time.

 

All gate codes must be provided to the local 911center providing call reception for emergency and non-emergency requests.

 

Hartsfield-Jackson Atlanta International Airport

City of Atlanta, Department of Aviation (DOA)

 

The proposed project is located approximately 6.5 miles west of the Airport.

 

Is the proposed project located under protected airspace for the Airport?

 Yes              No Ö

 

If yes, the development will require the completion of Federal Aviation Administration (FAA) form 7460-1, Notice of Proposed Construction or Alteration.

 

Is the proposed project located within an area of significant (65 DNL or higher) aircraft noise exposure?

 

 Yes              No Ö

 

If yes, is the proposed land-use deemed compatible according to CFR Title 14, Part 150?

 

 Yes              No

 

For complete information regarding the location of the property in question relative to aircraft noise exposure and the aircraft operational environment please refer to the DOA NOMS Developer's Pack on file at the Fulton County Government Center, Department of Environment & Community Development, Zoning Division.