PROPOSED ZONING C-1 (COMMUNITY BUSINESS) - *3,947.37
SQUARE FEET PER
PROPOSED
USE *RETAIL - 15,000 SQUARE FEET
EXISTING ZONING R-3 (RESIDENTIAL)
EXISTING USE UNDEVELOPED
LAND USE MAP COMMUNITY/LIVE-WORK
LOCATION
468.55 FEET OF FRONTAGE
534.99 FEET OF FRONTAGE
PARCEL SIZE 3.8 ACRES
SMALL AREA 512
LL 109, DISTRICT 14F
COMMISSION DISTRICT 7
OWNER CLARA PEPPERS
PETITIONER CBA INVESTMENTS, INC.
REPRESENTATIVE GEORGE PUVVADA
APPLICANT'S INTENT To develop 15,000 square feet of retail uses at a density of 3,947.37 square feet per acre.
Department of Environment
and Community Development
Recommendation
Community Zoning Board
Recommendation
July 19, 2006
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 SECOND PUBLIC HEARING BEFORE THE
BOARD OF COMMISSIONERS.
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The
subject site has frontage on
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North side of
Petition: 95Z -145 SFC
Zone: M-1 (Light Industrial)
Density: 4,495 square feet per acre, 73,000 square feet total
** Further North - Use: McDonalds Restaurant (Existing)
Petition: 98Z -030 SFC
Zone: C-1 (Community Business)
Density: 3,333.3 square feet per acre, 6,000 square feet total
Height: 1-story
** North - Use: Camp Creek Station (Zaxby's; Waffle House, Cleaners) (Existing)
Petition: 2003Z-0066 SFC
Zone: C-1 (Community Business)
Density: 5,285.5 square feet per acre, 55,500 square feet
** North Pending Petition: 2006Z -0061 SFC
Proposed Zone: C-1 to C-2 (Car Wash & Oil Change Facility)
** Northeast - Use: United States Post Office, Concentra/United Forms (Existing)
Petition: Z74-082 SFC
Zone: C-1 (Community Business)
Density: 9,453.4 square feet per acre, 29,400 square feet total
** Northeast - Use: Industrial Park (Undeveloped)
Petition: Z74-081 SFC
Zone: M-1A (Industrial Park)
Density: 13,321 square feet per acre, 104,300 square feet total
** South of
Petition: 2001Z -0079 SFC
Zone: MIX (Mixed Use)
Density: Single Family - 1.01 units per acre; Townhouses - .68 units per acre; Live/Work Units - .23 units per acre; Apartments - 2.47 units per acre; Assisted Living Facility - 75 units; Retail & Office; 1,771.4 square feet per acre; Community Services - 538.12 square feet per acre
Minimum
** West - Use: Millerzell Logistics (Existing)
Petition: 95Z -091 SFC
Zone: M-1A (Industrial Park)
Density: 19,575 square feet per acre, 425,752 square feet total
**
Further
West - Use:
Petition: Z78 -088 SFC
Zone: M-1A (Industrial Park)
Density: None Stated
** Northwest;
north side of
Petition: Z61-008 SFC
Zone: M-1A (Industrial Park)
Density: None Stated
* * East
- Use: Monte
Petition: Z73-022 SFC
Zone: TR (Townhouse Residential)
Density: 8.4 units per acre
Minimum Heated Floor Area: 1,120 square feet
* * Southeast - Use: Ashford at Springlake Apartments (Existing)
Petition: Z74-062 SFC
Zone: A (Medium Density Apartments)
Density: 4.8 units per acre
* * South - Use: Single Family Residences (Existing)
Petition: N/A
Zone: R-3 (Residential)
** Southwest intersection of
Petition: 66Z -079 SFC
Zone: A (Apartments)
Density:
224 Units/ 18.01 Units Per
** Southwest intersection of
Use: Westchase Glen Subdivision (Existing)
Petition: 2003Z -0059 SFC
Zone: CUP (Community Unit Plan)
Density: 67
Single Family Residences/ 3.86 Units Per Acre; 17 Townhomes/ 0.99 Units Per
Minimum
Minimum Heated Floor Area: 1,550 Square Feet/ Single Family Residences; 1,450 Square Feet/ Townhomes
There have been no RECENT DENIALS and there are no MISCELLANEOUS USES/ZONINGS in the immediate area.
SITE PLAN ANALYSIS:
Based on the applicant's *revised site plan submitted to the Department of Environment and Community Development on July 21, 2006 Staff offers the following considerations:
*The applicant is requesting to
rezone the site from R-3 (Residential) to C-1 (Community Business) to develop
15,000 square feet square feet of retail uses at a density of 3,947.37 square
feet per acre. The proposed uses are compatible with existing non-residential
uses north of the subject site at the intersection of
Pursuant to Article 9.1.3 of the
Fulton County Zoning Resolution, a minimum 40-foot building setback is required
along
The following landscape strips and buffers are applicable to the subject site pursuant to the Sandtown Overlay District and Article 4.23 of the Fulton County Zoning Resolution:
40-foot buffer with an additional
10-foot improvement setback along
25-foot buffer with an additional 10-foot improvement setback along the south property line adjacent to R-3 (Residential) zoning district; and
15-foot landscape strip along
10-foot landscape strip along the north interior property line adjacent to C-1 (Community Business) zoned property.
Staff notes that the submitted site plan complies with the required landscape strips and buffers.
Article 18 of the Zoning Resolution requires 5 parking spaces per 1,000 square feet for the proposed retail use. Staff notes 75 parking spaces are required for 15,000 square feet of retail uses. The *revised site plan indicates 69 parking spaces. However, given the amount of available acreage on the subject site, Staff is of the opinion that the applicant can comply with the minimum required parking spaces.
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
As previously noted, the subject site is located within the Sandtown Overlay District. If approved, the site plan must comply with all applicable standards at the time of application for a Land Disturbance Permit.
COMMUNITY ZONING BOARD
RECOMMENDATION
On July 19, 2006, the Community Zoning Board recommended DENIAL of the petition. Community opposition was present at the meeting.
SINCE BOC MEETING ON 08/02/06
The applicant has met with representatives of the community and reached a private agreement with the Boat Rock Homeowners Association.
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 the existing and anticipated non-residential uses in the immediate area, if developed in accordance with Staff's Recommended Conditions.
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 retail 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 is not anticipated to have an adverse impact on the existing public facilities and services in this area, provided the Recommended Conditions are incorporated into the development of the subject site.
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, if developed in accordance with the attached Recommended Conditions.
LAND USE PLAN MAP:
Proposed
use/density: Retail/ 3,947.37 Square Feet Per
The 2025 Comprehensive Land Use Plan suggests Community
Live-Work node at the northeast, southeast and southwest intersections of
PLAN POLICIES:
Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use, activity nodes.
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.
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
FINDING: The proposed retail development is not
considered environmentally adverse affecting natural resources, the
environment, or the citizens of
CONCLUSION:
Provided Staff's Recommended Conditions are incorporated
into the development of the site, the proposed commercial use is consistent
with the policies and intent of the Comprehensive Plan and with approved
zonings in the area. Therefore, Staff
recommends this petition be APPROVED CONDITIONAL subject to the
attached Recommended Conditions.
RECOMMENDED CONDITIONS
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 3,947.37 gross square feet per acre zoned or a total of 15,000 square feet, whichever is less, but excluding hotels, convenience stores with gas pumps, freestanding fast food restaurants and commercial amusements.
2. To the owner's agreement to abide by the following:
a. To the *revised site plan received by the Department of Environment and Community Development on July 21, 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. 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.
3. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. Reserve
for
45
feet from centerline of
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:
75 feet from
centerline of
30 feet from
centerline of
c. No curb cut access allowed on (Limited
Access)
(SR-6).
4. 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
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.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Collector
Level of Service: C or better
Road name:
Classification: Principal Arterial
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 947 trips per day
Peak Hour: 64 AM trips; 96 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.
Since this proposed development is a public and/or
place of employment, compliance is required by the Fulton County Health
Department with the Clean Indoor Air Ordinance.
The Ordinance requires the posting of adequate signage for a smoke free
area. A designated smoking area may be
established at the discretion of the owner in accordance with this ordinance.
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.
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.
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.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 7,778 gallons per day
This project is within the
Comments: This information does not guarantee that
adequate water volume and pressure are available at this time or will be
adequate upon application of permits. Please contact the Department of Public
Works for more information.
SEWER:
Basin: Utoy Creek
Treatment Plant: Utoy Creek
Anticipated sewer demand: 7,000 gallons per day
The nearest wastewater pipeline to this project is
+/- 70 linear feet located in Land Lot 109, 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 Number 13121C0327E; Floodplain = 0%
BOARD OF EDUCATION:
No impact on
school enrollment.
TAX ASSESSOR:
Property Tax ID#: 14F-0109-LL-109-5
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: #11
Impact: 1)
Increase in road congestion.
2)
Increase in water demand.
3)
Increase in 911 calls.
4)
Will require 2 means of access.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 41
Impact Statement on Beat:
Current calls for service: 11,570
Projected calls for service: Unknown
**** Current average response time: 7
minutes
** Increase in the number of residents: 159
* Increase in E-911 calls for service (police, fire, E.M.S.): 399
*** Increase in the number of traffic
accidents: 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 (
***** 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.
Increased 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.
City of
The proposed project is
located approximately 9.3 miles northwest of the Airport and received a Cursory
Review.