PETITION No. 2005Z -0089 SFC

2005VC-0186 SFC

PROPOSED ZONING CUP (COMMUNITY UNIT PLAN) - 2.01 UNITS PER ACRE

PROPOSED USE SINGLE FAMILY RESIDENTIAL SUBDIVISION – 310-LOTS

EXISTING ZONING AG-1 (AGRICULTURAL)

EXISTING USE UNDEVELOPED

LAND USE MAP RESIDENTIAL - 1 TO 2 UNITS PER ACRE

LOCATION PUBLIC ROAD (END):

35 FEET OF FRONTAGE

PARCEL SIZE 154.56 ACRES

SMALL AREA 523

LL 153, 154, DISTRICT 14F

COMMISSION DISTRICT 7

OWNER HATHCOCK OSCP1 LLC; STUBBS OSCP2 LLC

PETITIONER MATTHEW ORNSTEIN

REPRESENTATIVE MATTHEW ORNSTEIN

APPLICANT'S INTENT To develop a 310-lot single family residential subdivision on 154.56 acres at a density of 2.01 units per acre. The applicant is also requesting a concurrent variance to reduce the 50-foot setback for a new street at the entrance to allow a rotary as shown on the site plan (Article 34.5.7).

Department of Environment and Community Development

Recommendation

WITHDRAWAL: 2005Z -0089 SFC

WITHDRAWAL: 2005VC-0186 SFC

Community Zoning Board Recommendation

January 17, 2006

60 DAY DEFERRAL

Community Zoning Board Recommendation

March 21, 2006

60 DAY DEFERRAL

Since the last Community Zoning Board hearing, the applicant has requested a 60-day deferral of this petition in order to add more acreage to the proposed development.

Community Zoning Board Recommendation

May 16, 2006

60 DAY DEFERRAL

The applicant has requested a 60-day deferral of this petition in order to add more acreage to the proposed development.

Community Zoning Board Recommendation

July 19, 2006

60 DAY DEFERRAL

The applicant has requested a 60-day deferral of this petition in order to add more acreage to the proposed development.

Community Zoning Board Recommendation

September 19, 2006

WITHDRAWAL

The Community Zoning Board recommended withdrawal of this petition per the applicant's request.

SUBJECT SITE AND SURROUNDING AREA:

SUBJECT SITE: The 154.56 acre subject site is located between Demooney Road and West Stubbs Road, just south of Hathcock Road. The subject property is zoned AG-1 (Agricultural), and, is currently undeveloped.

NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

** North and East - Use: Scattered Single Family Residences (Existing)

Zone: AG-1 (Agricultural)

** Northwest/Further North - Legacy at Cascading Creek Subdivision (Under Development)

Zone: CUP (Community Unit Plan)

Petition: 2003Z -0105 SFC

Density: 1.64 units per acre, 207-lots

Minimum Lot Size: 15,000 square feet for perimeter lots and 9,000 square feet for remaining

Minimum Heated Floor Area: 1,400 square feet

** Further Northeast - Use: Approved Single Family

Zone: CUP (Community Unit Plan)

Petition: 2004Z -0021 SFC

Density: 1.98 units per acre, 88-lots

Minimum Lot Size: 15,000 square feet for perimeter lots abutting R-3 (Residential) zoned properties, and 10,000 square feet for remaining

Minimum Heated Floor Area: 1,650 square feet

** Further East, South and West - Use: Undeveloped

Zone: AG-1 (Agricultural)

** Southeast - Use: Run Arbor Subdivision (Existing)

Zone: R-3 (Residential)

Petition: Z76 -038 SFC

Density: None Listed

** Further West - Use: Amhurst Subdivision (Under Development)

Zone: CUP (Community Unit Plan)

Petition: 2001Z -0030 SFC

Density: 1.88 units per acre, 450-lots

Minimum Lot Size: 9,000 square feet

Minimum Heated Floor Area: 1,700 square feet

SITE PLAN ANALYSIS:

Based on the applicant's site plan submitted to the Department of Environment and Community Development on August 3, 2005, Staff offers the following considerations:

LAND USE AND DENSITY

The applicant is proposing to rezone the subject site from AG-1 (Agricultural) to CUP (Community Unit Plan) zoning to develop a 310-lot single family residential subdivision on 154.56 acres at a density of 2.01 units per acre. The applicant's requested density is slightly higher than the Plan Map's suggestion of 1 to 2 units per acre and approved densities in the area. Pursuant to 2003Z -0105 SFC and 2004Z -0021 SFC, the Board of Commissioners approved CUP (Community Unit Plan) zonings with densities of 1.64 units per acre and 1.98 units per acre respectively in the area of the subject site. Staff is of the opinion that a density of 2.0 units per acre, as suggested by the Plan Map is more appropriate and would be consistent with recent Board action in the area. Staff supports the applicant's petition at 2.0 units per acre, for 309 lots total. However, Staff recommends WITHDRAWAL of this petition per the applicant's request.

MINIMUM LOT SIZE

The applicant is requesting a minimum lot size of 6,000 square feet. The applicant's proposed lot size is inconsistent with recent Board action in the area which approved CUP (Community Unit Plan) zonings with a minimum lot size of 15,000 square feet for perimeter lots and 10,000 square feet for interior lots, pursuant to 2004Z -0021 SFC; and, a minimum lot size of 15,000 square feet for perimeter lots and 9,000 square feet for interior lots, pursuant to 2003Z -0105 SFC. Staff notes that the subject site is surrounded by AG-1 (agricultural) zoned properties requiring a minimum 1-acre lot. Given the applicant's proposed minimum lot size is inconsistent with recent Board action in the area, and that the proposed development is more intense than the surrounding properties, Staff recommends a minimum perimeter lot size of 15,000 square feet and 9,000 square feet for remaining lots. Staff will reflect this in the Recommended Conditions.

MINIMUM HEATED FLOOR AREA

The applicant is requesting a minimum heated floor area of 1,200 square feet. The applicant's proposal is inconsistent with recent Board action in the area which approved a minimum heated floor area of 1,400 square feet and 1,650 square feet, pursuant to 2003Z -0105 SFC and 2004Z -0021 SFC respectively. To maintain development consistency in the area, Staff is of the opinion that a minimum heated floor area of 1,400 square feet is appropriate. Staff will reflect this in the Recommended Conditions.

BUILDING SETBACKS

The applicant has proposed the following setbacks and development standards for the CUP (Community Unit Plan) development:

Minimum Front Yard Setback 15 feet

Minimum Front Yard Setback (at cul-de-sac) 20 feet

Minimum Side Yard (Interior) 5 feet

Minimum Lot Width 50 feet

Minimum Rear Setback 15 feet

Minimum Side Yard Corner 10 feet

Staff notes that the applicant's proposed setbacks are considerably less than the setbacks approved for the CUP (Community Unit Plan) zoning located just northeast of the subject site, pursuant to 2004Z -0021 SFC. To maintain development consistency in the area, Staff recommends development standards as approved for the CUP (Community Unit Plan) zoning noted above. Staff will reflect these development standards in the Recommended Conditions.

Minimum Front Yard Setback 25 feet

Minimum Front Yard Setback (at cul-de-sac) 20 feet

Minimum Building Separation 20 feet

Minimum Side Yard (Interior) 10 feet

Minimum Lot Width 50 feet

Minimum Rear Setback 25 feet

Minimum Side Yard (Corner) 25 feet

BUFFERS AND LANDSCAPE STRIPS

Article 12L.4.3 of the Zoning Resolution requires a minimum 50-foot wide natural, undisturbed buffer with a 10-foot improvement setback along any interior property line adjacent to a residential zoning and/or use. The applicant's site plan indicates compliance with the requirements.

CONCURRENT VARIANCE

Article 34.5.7 of the Zoning Resolution requires the right-of-way for new streets to be located a minimum of 50 feet from any peripheral property line adjoining AG-1 (Agricultural) and residentially zoned property. The applicant is requesting a concurrent variance as follows:

2005VC-0186 SFC – Reduce the required 50-foot setback for a new street at the entrance to allow a rotary as shown on the site plan (Article 35.5.7).

Staff notes that the applicant has revised the site plan since their last meeting. The current site plan indicates compliance with the setback requirements, and therefore, the variance is not needed. However, since Staff is recommending withdrawal of this petition, Staff also recommends WITHDRAWAL of the concurrent variance.

TRANSPORTATION

Fulton County Traffic anticipates the traffic generation rates as follows: 2,944 average trips per day, 226 trips at the a.m. peak hour, and 297 trips at the p.m. peak hour. To help mitigate the impact of increased traffic, the Fulton County Traffic Engineer is requiring the applicant to comply with traffic recommendations in the Recommended Conditions.

ENVIRONMENTAL

The Environmental Site Analysis Report is sufficient and satisfies the requirement of the Fulton County Zoning Resolution. A field survey of the site was conducted by County Staff to verify areas addressed in the ESA report. The ESA and field survey identified wetlands located along streams and secondary drainage areas. The site is located within 100-year and 500-year floodplains. Demooney Creek and several small streams are also located within the property. A bridge crossing along with six road stream crossings to be constructed on pilings are proposed which will potentially impact the wetlands, floodplains and stream areas. Approximately 5% of the site contains isolated steep slopes located in the stream buffer and areas designated as open space. Compliance with County stream buffer requirements, wetlands protection requirements, floodplain regulations and erosion control guidelines would mitigate developmental impacts to adjacent properties. The site does not contain historical sites or sensitive plant and animal species.

OTHER CONSIDERATIONS

Sidewalks as well as curb and gutters are required in accordance with Article 34.5.3 of the Fulton County Zoning Resolution. The applicant will need to show compliance with all sidewalk requirements at the time of application for a Land Disturbance Permit.

The site plan shows that a common area would be provided within the proposed residential development. All recreational and other open areas including detention ponds 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. Staff will reflect this requirement in the Recommended Conditions.

Staff notes that there are large parcels to the east, west and north of the subject site with future development potential. Staff further notes that current development policy requires inter-parcel access to be provided to these parcels. Therefore, Staff recommends the applicant provide inter-parcel access to the east, west and north property lines.

Staff notes that it is Board policy to provide staggered front setbacks for all residential development in South Fulton County. Staff will include these in the Recommended Conditions.

Staff notes that the applicant is proposing a total of 310 lots. Staff further notes that it is Board policy that two points of access be provided for residential developments with 80 lots or more. Given this, Staff recommends that the applicant be limited to 79 lots until a second access is provided. Staff will reflect this in the Recommended Conditions.

The subject site lies within the area covered by the Cliftondale Overlay District. The applicant will be required to demonstrate compliance with the overlay district standards for single family residential development at the time of permitting.

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 single family subdivision, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated low density single family residential developments 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 residential development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with Staff's 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 economic 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: Staff does not anticipate a significant impact on public services and facilities. However, some impact on the surrounding transportation system is expected, but should be mitigated with the incorporation of Staff's Recommended Conditions. Some overcrowding of area schools may occur.

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

FINDING: The proposed residential development, if developed with Staff's Recommended Conditions, is consistent with the density range suggested on the Comprehensive Plan Land Use Map and approved densities in the area.

LAND USE PLAN MAP: Residential 1 to 2 Units Per Acre

Proposed use/density: Residential /2.01 units per acre

The Comprehensive Plan Land Use Map suggests that the subject site and the surrounding areas are suitable for residential development at 1 to 2 units per acre.

PLAN POLICIES:

Provide for the protection, preservation and maintenance of existing neighborhoods and residential areas, through County programs, regulations and enforcement mechanisms.

Encourage infill development in residential areas consistent with neighborhood preservation, transition of uses, and other Comprehensive Plan 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 and current development trends in the area and adopted land use policies support this request for residential 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: The proposed development is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Fulton County.

CONCLUSION:

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed residential development is consistent with the policies and intent of the Plan Map and recent Board action in the area. Staff supports this petition at 2 units per acre, for 309 lots. However, Staff recommends WITHDRAWAL of this petition per the applicant's request.

COMMUNITY ZONING BOARD MEETING

On January 17, 2006, the Community Zoning Board recommended a 60 day deferral of this petition per the applicant's request in order to have adequate time to work with the community.

COMMUNITY ZONING BOARD MEETING

On March 21, 2006, the Community Zoning Board recommended a 60 day deferral of this petition per the applicant's request in order to have adequate time to add more acreage to the proposed development.

COMMUNITY ZONING BOARD MEETING

On May 16, 2006, the Community Zoning Board recommended a 60 day deferral of this petition per the applicant's request in order to have adequate time to add more acreage to the proposed development.

COMMUNITY ZONING BOARD MEETING

On July 19, 2006, the Community Zoning Board recommended a 60 day deferral of this petition per the applicant's request in order to have adequate time to add more acreage to the proposed development. Since the last Community Zoning Board hearing, the applicant has requested withdrawal of this petition which Staff supports.

COMMUNITY ZONING BOARD MEETING

On September 19, 2006, the Community Zoning Board recommended withdrawal of this petition per the applicant's request.

RECOMMENDED CONDITIONS

If this petition is approved by the Board of Commissioners, it should be APPROVED CUP (Community Unit Plan) 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. Single family detached dwellings and accessory uses and structures.

b. No more than 309 total dwelling units, at a maximum density of 2.0 dwelling units per acre, whichever is less, based on the total acreage zoned. Approved lot totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots within the approved development meet or exceed all the development standards of Fulton County. The total lot yield of the subject site shall be determined by this final engineering.

c. The minimum lot size shall be 15,000 square feet for all perimeter lots; and 9,000 square feet for remaining lots.

d. The minimum heated floor area per dwelling unit shall be 1,400 square feet.

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 August 3, 2005. 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. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for 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. All areas including detention ponds held in common shall be accessible and 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.

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

a. Provide a minimum of two (2) exits/entrances into residential developments of 80 lots/units or more. All exit/entrance details (location, alignments, etc.) are subject to the approval of the Fulton County Traffic Engineer.

b. Limit the number of lots to 79 until a second access is provided.

c. The minimum setbacks and design standards shall be as follows:

Minimum Front Yard Setback 25 feet

Minimum Front Yard Setback (at cul-de-sac) 20 feet

Minimum Building Separation 20 feet

Minimum Side Yard (Interior) 10 feet

Minimum Lot Width 50 feet

Minimum Rear Setback 25 feet

Minimum Side Yard (Corner) 25 feet

d. Provide a staggered setback of all dwelling facades. Staggered setbacks shall be determined by the placement of the dwellings on either side of the dwelling in question. Said setback shall provide a minimum 5-foot variation for single family detached dwellings as measure from the back of curb.

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:

50 feet of right-of-way for the entrance street and design the street to Fulton County Standards.

b. Provide inter-parcel access or a dedicated access stub to adjoining property lines to the east, west and north or as may be approved by the Fulton County Traffic Engineer.

c. Provide traffic study to determine appropriate road/intersection improvement(s) within the immediate area of the development, specifically at the intersection of Butner Road and West Stubbs Road.

d. Provide intersection improvement(s) at Butner Road and West Stubbs Road.  Details of the improvement(s) must be submitted with the Land Disturbance Permit plan set and are subject to the approval of the Fulton County Traffic Engineer.  Intersection improvement(s) must be completed before any building permits are issued.

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

a. Prior to submitting the application for a (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. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post-development 100-year water surface elevations, and for any post-development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100-year storm flow through impacted properties where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses.

e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge 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. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.

f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code 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, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require 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 described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.

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 reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.

k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, 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 resulting from the development 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.

m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels, individual residences or building structures.

n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment should be 48 hours.

o. The developer/engineer is responsible to submit with the application for Land Disturbance Permit (LDP) a floodplain hydrology and hydraulic study. This floodplain study shall establish the on-site pre-development 100-year storm frequency Base Flood Elevation (BFE) of the pre-development floodplain. The LDP Storm Water Management Plan shall graphically depict the pre-development floodplain horizontal boundaries and show the BFE.

p. The developer/builder at the Building Permit application shall demonstrate to the County that each lot and/or building site with established 100-year pre-development floodplain BFE, complies with the County's floodplain lowest floor elevation requirement, prior to the inspection and approval of the structure's foundation under construction. The FEMA Elevation Certificate shall be utilized to demonstrate that the top of the structure lowest floor complies with county requirements.

q. The developer/builder, at the Building Permit application shall provide to the County a lot site grading plan that shows the BFE and graphically depicts the pre-development 100-year floodplain horizontal boundary

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: Public Road

Classification: Local Street

Level of Service: C or better

Anticipated Traffic Generation Rates:

Average: 2,944 trips per day

Peak Hour: 226 trips

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.

Since this proposed development includes a public swimming pool as defined in the regulations including spas, whirlpools, etc., the owner or contractor must submit plans for review and approval by this department and must obtain a Health Department permit to construct before issuance of a building permit. Also, the owner of the facility must obtain a Health Department permit to operate the pool prior to opening.

WATER AND WASTEWATER (SEWER):

WATER:

Anticipated water demand: 93,000 gallons per day

This project is within the Atlanta jurisdiction.

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: Camp Creek

Treatment Plant: Camp Creek

Anticipated sewer demand: 83,700 gallons per day

The nearest wastewater pipeline to this project is +/- 350 linear feet located in Land Lot 152, 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. 13121C0336E. Approximate Floodplain = 14%.

BOARD OF EDUCATION:

# of Proposed Units: 310

Schools	Stonewall Tell Elementary	Sandtown Middle	Westlake High
Estimated Number of Students Generated	55 to 80	36 to 57	43 to 65
State Capacity ^A	850	1,200	1,125
Enrollment ^B	892	1,443	1,604
Under/Over State Capacity ^C	42	243	479
Number of Portable Classrooms	2	5	16
Can Facility Meet Increased Demand?	No	No	No

^A Updated Georgia Department of Education state capacity

^B Enrollment based upon the official 1^st month count of the 2005-06 school year.

^C Positive values indicate numbers of students a facility is over state capacity/ negative values indicate

number of students a facility is under state capacity.

Location	Average to Average + 1 Std. Deviation	Comments
South Fulton - Westlake HS Region One single family unit generates: One single family unit generates: One single family unit generates: One multi-family apart. unit generates: One multi-family apart. unit generates: One multi-family apart. unit generates: One Townhome unit generates: One Townhome unit generates: One Townhome unit generates:	0.1769 to 0.2594 0.1170 to 0.1826 0.1403 to 0.2088 0.1644 to 0.2694 0.0874 to 0.1453 0.0908 to 0.1434 0.1954 to 0.2775 0.1006 to 0.1555 0.1006 to 0.1583	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 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	$8,475	$5,568	$2,907

PARKS AND RECREATION:

The petitioner requests 310 units in the Campbellton Planning Area. The Parks and Recreation Master Plan identifies adequate acres of community park land in this planning area based on the 1990 population of 13,013. To maintain existing facility standards including building, game fields, play courts, and the like, another $350.00 per additional person for new construction would be required at a cost of approximately $271,250.

The Parks and Recreation Master Plan further recommends the following improvements for the unincorporated South Fulton area:

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

* McNair Middle School

* Camp Creek Middle School

* Palmetto Elementary School

* Herndon Road Middle School

* A. Philip Randolph Elementary School

2. Acquire and develop land in the southern portion of the Old National area for a community park.

3. Expand and further develop Wilkerson Mill-Farris Park as a full service, multi-use, community park. Work with residents to identify the best mix of uses.

4. Acquire land along the proposed South Fulton Parkway in the Rivertown/Palmetto area for a community park by the year 2010. Work with developers and the business community to identify and acquire land through the rezoning process.

5. Examine the possibility of entering into an agreement with the cities of Fairburn and Union City to provide recreational programming within the incorporated boundaries and possible joint acquisition and development of a new 40 acre community park site in the western portion of this planning area.

6. Investigate the feasibility of purchasing land on the Chattahoochee River in South Fulton to be part of the nature park system.

7. Consider charging impact fees for all residential developments to assist with funding capital improvements for Parks' projects.

TAX ASSESSOR:

Property Tax ID#: 14F-0153-LL-001-9, 14F-0154-LL-003-4, 14F-0154-LL-008-3

Taxes on the subject property are up-to-date.

FIRE MARSHAL:

Fire Station: Station 3, Battalion 3.

Impact: Will requires two means of access. Will increase water demand, road congestion and 911 calls.

POLICE DEPARTMENT ZONING IMPACT STATEMENT:

Beat: 37

Impact Statement on Beat:

Current calls for service: 4,094

Projected calls for service: Unknown

**** Current average response time: 9 minutes

** Increase in the number of residents: 1,240.0

* Increase in E-911 calls for service (police, fire, E.M.S.): 3,112.0

*** Increase in the number of traffic accidents: 64

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 identified within the petitions must comply with the County's Addressing Standard to reduce the likelihood of delay in response time.

Hartsfield-Jackson Atlanta International Airport

City of Atlanta, Department of Aviation (DOA)

The proposed project is located approximately 9.8 miles west of the Airport.

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

Yes -X No

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? {Based on Estimated 2008 Noise Exposure Contours}

Yes No -X

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.