PETITION No. 2006Z -0034 SFC


 

PROPOSED ZONING                     CUP (COMMUNITY UNIT PLAN) - 4.56 UNITS PER ACRE

 

PROPOSED USE                               SINGLE FAMILY SUBDIVISION - 144 LOTS

 

EXISTING ZONING                           AG-1 (AGRICULTURAL)

                                                                        O-I (OFFICE-INSTITUTIONAL) - 2004Z -0048 SFC

 

EXISTING USE                                    SINGLE FAMILY RESIDENCE/CHURCH

 

LAND USE MAP                                  RESIDENTIAL - 3 TO 5 UNITS PER ACRE

NEIGHBORHOOD LIVE-WORK

                                                                        OFFICE

 

LOCATION                                              OLD NATIONAL HIGHWAY (WEST SIDE):

                                                                        60.60 FEET OF FRONTAGE

 

JEROME ROAD (NORTH SIDE):

                                                                        543.02 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 31.64 ACRES

 

                                                                        SMALL AREA 704

 

                                                                        LL 93, DISTRICT 13

 

                                                                        COMMISSION DISTRICT 7

                                                                       

OWNER                                                    CLARICE LIVINGTON, EMORY HOLBROOK,

                                                WALTER & ELAINE HUGENTOBLER, CAPITAL CITY BANK & TRUST COMPANY

 

PETITIONER                                         UNIFIED RESIDENTIAL DEVELOPMENT CO., INC.

 

REPRESENTATIVE                          NATHAN V. HENDRICKS, III

 


 

APPLICANT'S INTENT        To develop a 144-lot single family subdivision on 31.64 acres for an overall density of 4.56 units per acre. 

 


 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL

 

 

Community Zoning Board Recommendation

May 16, 2006

 

DENIAL

 

 

Board of Commissioners' Action

June 7, 2006

 

DEFERRAL FOR 60 DAYS

 

 

 

Board of Commissioners' Action

August 2, 2006

 

DEFERRAL FOR 60 DAYS

 

The Board of Commissioners deferred this petition for 60 days to allow the applicant to meet with the community.

 

THIS WILL BE THE THIRD TIME BEFORE THE BOARD OF COMMISSIONERS AND THE SECOND PUBLIC HEARING.

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE:  Consisting of 31.64 acres the subject site is located on the west side of Old National Highway and the north side of Jerome Road.  It is zoned AG-1 (Agricultural) and O-I (Office-Institutional) pursuant to 2004Z -0048 SFC for office/institutional and accessory uses at a maximum density of 804.84 square feet per acre.  The site is partially developed with the Church of God Holiness in Christ Church in the existing structure pursuant to 2003Z -0104 SFC. 

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

 

**         North & East - Use: Commercial Strip to include Maxway and Family Dollar Stores, Popeye's Chicken & Biscuits (Existing)

            Petition: Z85-009 SFC

            Zone: C-1 (Community Business)

            Density: 10,515 Square Feet Per Acre

 

  **       South & East - Use: Old National Commons Shopping Center (Existing)

         Zone: C-2 (Commercial)

         Petition: Z85-113 SFC

Density: 10,043 Square Feet Per Acre

 

**         South & East - Use: Auto Center, Just Brakes, Emissions

            Petition: Z83 -219 SFC

            Zone: C-2 (Commercial)

            Density: 6,000 Square Feet Per Acre

 

**         South & East - Use: WCC Landscape Services

            Petition: Z83 -220 SFC

            Zone: C-2 (Commercial)

            Density: 6,000 Square Feet Per Acre

           

**         East - Use: Families First Group Residence (Existing)

Zone: O-I (Office-Institutional)

Petition: 2000Z -0124 SFC

Density: 7,246.38 Square Feet Per Acre

Height: 1-Story         

 

**         East - Use: Little Scholars Academy (Existing)

Zone: AG-1 (Agricultural)

Petition: U83 -054 SFC

 

**         East - Use: Love-U-Child Day Care Center (Existing)

Zone: C-1 (Community Business)

Petition: Z93 -064 SFC

Density: 3,018 Square Feet Per Acre

 

**         East - Use: Aaron's Rental/Purchase (Existing)

Zone:  C-1 (Community Business)

Petition: 97Z -034 SFC

Density: 9,027 Square Feet Per Acre

 

**         Southeast - Use: Family Development Center (Existing)

Zone: C-1 (Community Business)

Petition: Z77 -009 SFC & U89 -023 SFC

Density: 9,163.11 Square Feet Per Acre

 

    **     Southeast - Use: Dollar General Store (Existing)

Zone: C-1 (Community Business)

Petition: Z76 -022 SFC

Density: Not Stated

 

**         Southeast - Use: Various Retail Businesses (Existing)

Zone: C-1 (Community Business)

Petition: Z82 -048 SFC

Density: Not Stated

 

**         Further East across Old National Hwy. - Use: Harrison Square Offices (Existing)

Zone: O-I (Office-Institutional)

Petition: Z86 -0113 SFC

Density: Not Stated

 

**         Further East across Old National Hwy. - Use: Auto Zone (Existing)

Zone: C-1 (Community Business)

Petition: Z78 -033 SFC

Density: Not Stated

 

**         Further East across Old National Hwy. - Use: Wachovia Bank (Existing)

Zone: O-I (Office-Institutional)

Petition: Z72 -184 SFC

Density: Not Stated

 

**         Further Southeast across Old National Hwy. - Use: Econo Lube (Existing)

Zone: C-2 (Commercial)

Petition: Z85 -107 SFC

Density: Not Stated

 

**         Further Southeast across Old National Hwy. - Use: Various Retail Uses (Existing)

Zone: C-1 (Community Business)

Petition: Z79 -116 SFC

Density: Not Stated

 

           

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         North - Use: Biscayne Apartments (Existing)

            Petition: Z70 -160 SFC

            Zone: A (Medium Density Apartments)

            Density: 12 Units Per Acre

 

**         South - Use: Camelot Condominiums (Existing)

Zone: A (Medium Density Apartment)

Petition: Z69-082 SFC

Density: 10.09 Units Per Acre

 

**         Southwest - Use: Three Lakes Homes Subdivision (Existing)

Zone: TR (Townhouse Residential)

Petition: Z91-038 SFC

Density: 6.8 Units Per Acre

 

            RECENT DENIALS IN AREA:

 

**         On April 3, 2002, pursuant to 2001Z -0081 SFC, the Fulton County Board of Commissioners denied a rezoning from AG-1 (Agricultural) to A (Apartments) for 256 apartments at a density of 13.90 units per acre on a portion of the subject site.

 

**         On August 7, 2002, pursuant to 2001Z -0139 SFC, the Fulton County Board of Commissioners denied a rezoning from C-1 (Community Business) to C-2 (Commercial) to operate an auto repair center, sales and brokerage office on Old National Highway, southeast of the subject site.

 

            MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         There are no miscellaneous uses in the immediate area.

 

SITE PLAN ANALYSIS:

 

Based on the applicant's site plan submitted to the Department of Environment and Community Development on March 26, 2006, Staff offers the following considerations:

 

LAND USE AND DENSITY

 

The applicant is requesting to rezone the subject site from AG-1 (Agricultural) and O-I (Office-Institutional) to CUP (Community Unit Plan) to develop a 144-lot subdivision on 31.64 acres at a density of 4.56 units per acre.  The proposed land use at the requested density is partially consistent with the 2025 Comprehensive Land Use Plan Map which suggests residential development at a density of 3 to 5 units per acre along the westerly portion of the site.  On the north side of Jerome Road, beginning at the west property line and going east, a small portion of the property is suggested for office development. The 2025 Comprehensive Land Use Plan Map suggests neighborhood live-work which allows residential development up to 5 units per acre on the remaining property as it transitions towards Old National Highway. 

 

Staff notes that there are no other CUP (Community Unit Plan) developments in the immediate area.  However, the location of the property is unique because it transitions from lower density residential development west of the site (Meadows Subdivision) and higher density residential development north of the site (Biscayne Apartments) to higher density commercial uses along Old National Highway.  As previously noted, the site has frontage on Old National Highway which is between two existing commercial tracts. Staff is of the opinion that the proposed residential development at a density of 4.56 units per acre is consistent with the land use suggested by the 2025 Comprehensive Land Use Plan Map and with Plan Policy to provide for the transition of land uses from higher to lower densities and between different land uses.  Therefore, Staff supports residential development on the site and recommends that the rezoning request be APPROVED CONDITIONAL subject to the attached conditions.  

    

MINIMUM LOT SIZE

 

The applicant is proposing a minimum lot size of 3,000 square feet.  Staff notes that the subject site abuts the Meadows Subdivision along the west property line which has a minimum lot size of 9,000 square feet per the R-4 (Residential) standards.  Staff is of the opinion that perimeter lots on the subject site adjacent to the Meadows Subdivision should be 9,000 square feet to be consistent with existing single family development in the area.  Therefore, Staff shall include a minimum lot size of 9,000 square feet on perimeter lots adjacent to the Meadows Subdivision in the attached Recommended Conditions.

 

MINIMUM HEATED FLOOR AREA

 

Pursuant to the Letter-of-Intent, the applicant is proposing a minimum heated floor area of 1,200 square feet.  This exceeds the minimum heated floor area required for R-4 (Residential) single family residences which is the adjacent to the site along the west property line.  Therefore, Staff shall include a minimum heated floor area of 1,200 square feet in the attached Recommended Conditions.

  

BUILDING SETBACKS

 

Per the site plan submitted on March 28, 2006, the applicant is proposing the following minimum building setbacks:

 

                        Minimum front yard:        10 Feet

                        Minimum rear yard:          20 Feet

                        Minimum side yard:            0 Feet (10 Feet Between Buildings)

                        Minimum side corner:       10 Feet

                        Minimum Lot Width:         35 Feet

                        Minimum Lot Frontage:        20 Feet

 

Staff notes that the proposed 10-foot front yard setback is not adequate to provide off street parking. Therefore, Staff recommends a minimum 18 foot setback to the front of the garage door and a 10-foot building setback. Staff will reflect this in the Recommended Conditions.

 

The submitted site plan shows a detention area along the west property line adjacent to existing R-4 (Residential) development. Although it shows the minimum 20-foot landscape strip around the detention pond, Staff if of the opinion that the detention area be setback an additional 50 feet from the west property line to lessen the impact on the adjacent residential development. Staff shall add the additional 50-foot setback in the attached Recommended Conditions.

 

Staff also has traffic safety concerns about the location of driveways on the proposed lots immediately as you enter the development from Jerome Road.  Therefore, to address those safety concerns, Staff suggests that no driveways be allowed on the internal road within 100 feet of Jerome Road. Staff shall add this requirement in the attached Recommended Conditions.  

 

Staff notes that there is an existing gas easement that runs through the western portion of the property. Article 34.5.10 of the Fulton County Zoning Resolution states that no buildings used for human occupancy shall be permitted within (40) feet of any easement containing a gathering or transmission line as defined in this Resolution.  Staff notes that there appears to be a few lots that may not be able to meet this standard.  An accurate determination cannot be made until such time the applicant files for a Land Disturbance Permit (LDP).     

 

LANDSCAPE STRIPS AND BUFFERS

 

Staff notes that state waters are located on the subject site.  Pursuant to the South Fulton Tributary Protection Ordinance, the applicant is required to provide a 75-foot undisturbed buffer and a 15-foot impervious setback and a 10-foot improvement setback as measured from the top of the bank on both sides of all state waters on the site plan.  The site plan shows compliance to the above standards.

 

PARKING

 

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

 

ENVIRONMENT

 

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 a stream flowing from the northeast to the southwestern portion of the site. Two stream crossings are proposed along the northeastern and southwestern portion of the site, which will affect the stream. The site contains a 500-yr floodplain surrounding the banks of the stream. Small areas of steep slopes are located adjacent to and within the stream buffers. According to the ESA wetlands were located on the site, however, none were observed by Staff during the field survey or indicated on the County's GIS. Compliance with County stream buffer requirements, wetland protection and erosion control guidelines would mitigate developmental impacts to adjacent properties. The site does not contain archeological/historical sites or sensitive plant and animal species.

 

OTHER CONSIDERATIONS

 

It is Board Policy to provide staggered facades of residential dwellings. Staff shall include this standard in the attached Recommended Conditions should the Board of Commissioners choose to approve this petition.

 

Staff notes that the submitted site plan indicates a minimum of 6.65 acres of open space to be provided within the development. Pursuant to petition 2005Z -0060, the Board of Commissioners amended the definition of open space on April 5, 2006 which states that open space may not include required landscape strips and buffers. 

 

In order to insure proper care and maintenance, all green space and areas which may be held in common (such as the amenities area) shall be accessible via dedicated roadways, easements, sidewalks, trails, etc. 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. Staff will reflect this in the attached Recommended Conditions.

 

COMMUNITY ZONING BOARD - MAY 16, 2006

 

The Community Zoning Board denied the requested petition because they were of the opinion that commercial uses were more appropriate for the site and the proposed lot sizes were inconsistent with surrounding residential development.

 

SINCE BOC MEETING - JUNE 7, 2006

 

As of July 26, 2006, the applicant has not submitted any revisions to the proposed request.

 

SINCE BOC MEETING - AUGUST 2, 2006

 

As of September 27, 2006, the applicant has not submitted any revisions to the proposed request.

 

 

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 developments in 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 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:      In Staff's opinion, the proposed use will not adversely impact the existing 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 is consistent with the density range suggested on the 2025 Comprehensive Plan Land Use Map and Plan Policies.

 

LAND USE PLAN MAP: Residential -3 to 5 Units Per Acre

                                          Neighborhood Live-Work

                                          Office                   

 Proposed use/density: Single Family Subdivision /4.56 units per acre

 

The 2025 Comprehensive Plan Land Use Map suggests residential development at a density of 3 to 5 units per acre west of the subject site.  Further north and further south, residential development is suggested at a density of 5 to 8 units per acre.  East of the site, the 2025 Comprehensive Plan Land Use Map suggests a live-work neighborhood node on both sides of Old National Highway.

   

PLAN POLICIES:

 

Provide for the transition of land uses from higher to lower densities and between different land uses.

 

Encourage infill development in residential areas consistent with neighborhood preservation, transition of uses, and other Comprehensive Plan policies.

 

To encourage the development of a diverse mix of housing types, housing sizes, and prices/rents in response to the current and projected needs of County residents.

 

To expand housing opportunities in and near activity nodes and corridors.

 

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 residential developments north, south and west of the site support residential development at a density of 4.56 units per acre as it transitions to more intense non-residential zonings along the Old National Corridor.

 

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 single family subdivision is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Fulton County. 

 

CONCLUSION TO FINDINGS:

 

Provided Staff's Recommended Conditions are incorporated into the development of the site, the proposed residential subdivision is consistent with the policies and intent of the Comprehensive Plan. Therefore, Staff recommends APPROVAL CONDITIONAL of this rezoning petition.

 

 

RECOMMENDED CONDITIONS

 

If this petition is approved by the Board of Commissioners, it should be APPROVED CUP (Community Unit Development) 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.         The minimum lot size shall be 9,000 square feet along the west property line adjacent to the Meadows Subdivision and 3,000 square feet on all remaining lots.

 

            c.         No more than 144 total dwelling units, at a maximum density of 4.56    dwelling units per acre, whichever is less based on the total acreage zoned.       Approved lot/unit 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/units within the approved development       meet or exceed all the development standards of Fulton County. The total lot/unit yield of the subject site shall be determined by this final engineering.

 

d.         The minimum heated floor area per dwelling unit shall be 1,200 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 March 28, 2006.  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. 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 green space and areas which may be held in common shall be accessible via dedicated roadways, easements, sidewalks, trails, etc. 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.         Minimum front yard:        10 Feet (18 Feet to Garage Door)

                        Minimum rear yard:          20 Feet

                        Minimum side yard:            0 Feet (10 Feet Between Buildings)

                        Minimum side corner:       10 Feet

                        Minimum Lot Width:         35 Feet

                        Minimum Lot Frontage:        20 Feet

 

b.         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 and a 2-foot variation for attached dwellings as measure from the back of curb.

 

c.         Provide a 50-foot setback measured to the outside limit of the 20-foot landscape strip on the detention pond located along the west property line.

 

d.         No driveway access shall be allowed on the internal road with 100 feet of Jerome Road.

 

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

 

a.         Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of-way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved:

 

30 feet from centerline of Jerome Road

 

55 feet from centerline of Old National Highway (SR 279) or as may be required by the Georgia Department of Transportation.

 

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 storm 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 than minimal incidental flows shall be 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 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 shall 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, and proposed structure foundation location, including lot's buildable area required by the County code.


 

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: Old National Highway

Classification: Minor Arterial

Level of Service: C or Better

 

Road name: Jerome Road

Classification: Local Street

Level of Service: C or Better

 

Anticipated Traffic Generation Rates:

Average: 1,454 trips per day

Peak Hour: 110 AM trips; 149 PM 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.

 

If this proposed development includes a public swimming pool as defined in the regulations including spas, whirlpools, etc., the owner or contractor must submit plans 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.

 

If this proposed development includes an existing individual onsite sewage management system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations.

 

If this proposed development includes an existing individual onsite water supply system(s), and the system(s) will be abandoned, it shall be abandoned in accordance with Fulton County regulations.

 

WATER AND WASTEWATER (SEWER):

 

WATER:

 

Anticipated water demand: 43,200 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: Morning Creek

Treatment Plant: Camp Creek

Anticipated sewer demand: 33,800 gallons per day

 

The nearest wastewater pipeline to this project is on site located in Land Lot 93, District 13.

 

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. 13121C047E; Floodplain=approximately 28%.

 

BOARD OF EDUCATION:

 

# of Proposed Units: 144

 

 

Schools

 

 

Heritage

Elementary

 

Camp Creek  

Middle

 

Banneker

High

 

Estimated Number of Students Generated

 

37 to 60

 

23 to 40

 

25 to 44

 

State Capacity A     

 

850

 

975

 

1,025

 

Enrollment B    

 

975 to 1,035

 

935 to 993

 

1,447 to 1,537

 

Under/Over State Capacity C

 

125 to 185

 

-40 to 18

 

422 to 512

 

Number of Portable Classrooms   

 

0

 

2

 

5

 

Can Facility Meet Increased Demand?      

 

No

 

No

 

No

 

A     Updated Georgia Department of Education State capacity.

B     Projected enrollment is for fall of the 2006-07 school year.

C     Positive values indicate numbers of students a facility is projected to be over state capacity/ negative values indicate

    number of students a facility is projected to be under state capacity.

 

 

Location

 

Average to Average + 1 Std. Deviation

 

Comments

 

South Fulton - Banneker 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:

 

 

 

0.2546 to 0.4195

0.1602 to 0.2754

0.1754 to 0.3033

 

0.1669 to 0.2944

0.0676 to 0.1253

0.0790 to 0.1470

 

0.3495 to 0.6368

0.0375 to 0.0534

0.0892 to 0.1119

 

 

 

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

 

 

 

 

Total Revenue

 

Local and other Revenue Sources

 

State Revenue

 

 

 

$8,497

 

$5,793

 

$2,705

 

 

TAX ASSESSOR:

 

Property Tax ID#: 0013-0093-0000-148; 0013-0093-0000-145; 0013-0093-0000-135; 0013-0093-0000-138; 0013-0093-0000-132; 0013-0093-0000-047; 0013-0093-0000-049

 

Taxes paid on the subject property were not available at time of print.

 

FIRE MARSHAL:

 

Fire Station: #7

Impact: Will require 2 means of access

Increase water demand

Increase 911 calls

Increase road congestion

 

POLICE DEPARTMENT ZONING IMPACT STATEMENT:

 

Beat: 29

 

Impact Statement on Beat:

Current calls for service: 10,740

Projected calls for service: Unknown

**** Current average response time: 9 minutes

 

** Increase in the number of residents: 576

 

* Increase in E-911 calls  for service (police, fire, E.M.S.): 1,446

 

*** Increase in the number of traffic accidents: 30

 

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 1.8 miles southwest 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.