PETITION No. 2006Z -0065 SFC

2006VC-0092 SFC

PROPOSED ZONING MIX (MIXED USE) ; RETAIL - 137.10 SQUARE FEET PER ACRE, OFFICE - 247.62 SQUARE FEET PER ACRE, MULTI-FAMILY - 1.095 UNITS PER ACRE*, SINGLE FAMILY - 2.736 UNITS PER ACRE

PROPOSED USE RETAIL - 62,644 SQUARE FEET

OFFICE - 113,144 SQUARE FEET

APARTMENTS - 350 UNITS*

ACTIVE ADULT - 150 UNITS

TOWNHOUSES - 450 UNITS

SINGLE FAMILY - 800 LOTS

EXISTING ZONING M-1A (INDUSTRIAL PARK) - Z70-047 SFC &

98Z-002 SFC

SUB A (RESIDENTIAL)

EXISTING USE UNDEVELOPED

LAND USE MAP BUSINESS PARK

RESIDENTIAL - 3 TO 5 UNITS PER ACRE

RESIDENTIAL - 2 TO 3 UNITS PER ACRE

COMMUNITY LIVE WORK

LOCATION SUBER ROAD (WEST SIDE):

691.90 FEET OF FRONTAGE

CAMPBELLTON ROAD (NORTH SIDE):

1,426.95 FEET OF FRONTAGE

PLUMMER ROAD (EAST SIDE):

2,533.86 FEET OF FRONTAGE

PLUMMER ROAD (WEST SIDE):

2,957.21 FEET OF FRONTAGE

RIVERSIDE DRIVE (NORTH SIDE):

2,422.31 FEET OF FRONTAGE

RIVERSIDE DRIVE (SOUTH SIDE):

4,398.30 FEET OF FRONTAGE

FULTON INDUSTRIAL BLVD (SR 70)(SOUTH SIDE):

6,910.8 FEET OF FRONTAGE

PARCEL SIZE 456.926 ACRES

SMALL AREA 516 & 517

LL 118, 130, 131, 132, 137, & 149

DISTRICT 14F

COMMISSION DISTRICT 7

OWNER CHARLES SUBER ET AL

PETITIONER VESLAND CAPITAL, LLC

REPRESENTATIVE LARRY DINGLE

APPLICANT'S INTENT To develop a mixed use development with 62,644 square feet of retail, 113,144 square feet of office, 350* apartments, 150 active adult housing units, 450 townhouses, and an 800-lot single family subdivision on 456.926 acres*. In addition, the applicant is seeking a concurrent variance to allow residential development within one mile of an existing enclosed transfer station. (Article 4.16.2.)

Department of Environment and Community Development

Recommendation

APPROVAL CONDITIONAL: 2006Z -0065 SFC

APPROVAL CONDITIONAL: 2006VC-0092 SFC

Tax Parcel 14F-0149-LL-010-7:

2005 taxes in the amount of $16,350.56 are past due.

Community Zoning Board Recommendation

September 19, 2006

DENIAL: 2006Z -0065 SFC

DENIAL: 2006VC-0092 SFC

Board of Commissioners Meeting

October 4, 2006

DEFERRED FOR 30 DAYS

The case was deferred so the community could meet with the applicant and Staff. On October 11, 2006, a community meeting was held with Staff, the community, the applicant, and Georgia Department of Transportation representatives. Subsequently, Staff has received a signed agreement between the Sandtown Community Association and the applicant.

SUBJECT SITE AND SURROUNDING AREA:

SUBJECT SITE: The subject 456.926 acre site is zoned M-1A (Industrial Park) along Fulton Industrial Boulevard with the remainder zoned SUB A (Residential). Along Fulton Industrial Boulevard, pursuant to Z70-047 SFC, a 277-acre tract was approved for 51 separate industrial parcels. Neither a total square footage nor density was stated in the conditions of zoning. Pursuant to 98Z -002 SFC, the southwest corner of the subject site is part of a larger tract approved for an industrial park at a density of 20,890 square feet per acre for a total of 2,139,789 square feet. The subject site is currently wooded and undeveloped. Several streams are located on the site.

NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL & MIXED USE

** North - Use: Industrial Park (Existing)

Petition: 87Z-033 SFC

Zone:M-1A (Industrial Park)

Density: 15,490 square feet per acre, 5,737,496 total square feet (no individual site can exceed a density of 18,000 square feet per acre)

** East - Use: Undeveloped (Approved for a retail/office shopping center)

Petition: 2002Z -0008 SFC

Zone: C-1 (Community Business)

Density: Retail - 6,704.83 square feet per acre, total 231,987 square feet

Office - 2,254.33 square feet per acre, total 78,000 square feet

Height: 2-stories

** Further Southeast - Use: Owl Rock Methodist Church (Existing)

Zone: AG-1 (Agricultural)

** Further South - Use: Rock Head United Methodist Church (Existing)

Zone: AG-1 (Agricultural)

** South - Use: Undeveloped (Approved for a church with day care and a recreational field)

Petition: 2006U -0004 SFC (Church), 2006U -0007 SFC (Day Care), 2002U -0048 SFC (Recreational Field)

Density: 4,883.77 square feet per acre, 150,000 total square feet with max. 2,200 fixed seats, Students - 225 max. for day care use with additional 200 max for after school program

** Further South - Use: Undeveloped (Approved for a church)

Petition: 2003U -0022 SFC (Church)

Zone: SUB A (Residential)

Density: 1,238.40 square feet per acre, 12,000 total square feet, 500 seats

** Subject Site and Southwest - Use: Southgate Industrial Park (Existing)

Petition: 98Z -002 SFC

Zone: M-1A (Industrial Park)

Density: 20,890 square feet per acre, 2,139.789 total square feet

** Southwest - Use: Atlanta Distribution Center (Existing)

Petition: 99Z -055 SFC

Zone: M-1A (Industrial Park)

Density: 16,038 square feet per acre, 650,000 total square feet

** Further Southwest - Use: Undeveloped (Approved for mixed use)

Petition: 2006Z -0063 SFC

Zone: MIX (Mixed Use)

Density: Retail - 1,120.4 square feet per acre, 29,500 total square feet

Office - 379.8 square feet per acre, 10,000 total square feet

Townhouses - 5.47 units per acre, 144 total units

Minimum Heated Floor Area: 1,100 square feet

** Further Southwest (West side of Fulton Industrial Boulevard) - Use: Auto Auction Vehicle Storage Facility (Approved)

Petition: 2004Z -0084 SFC

Zone: M-1 (Light Industrial)

Density: 275.41 square feet per acre; 10,000 total square feet

** West (west side of Fulton Industrial Boulevard) - Use: Westgate Industrial Park (Existing)

Petition: Z61-008 SFC

Zone: M-2 (Heavy Industrial)

Density: None Stated

NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

** East & South - Use: Undeveloped

Zone: SUB A (Residential)

** Southeast - Use: Undeveloped (Approved for townhouse development)

Petition: 2006Z -0060 SFC

Zone: TR (Townhouse Residential)

Density: 4.76 units per acre, 81 total units

Minimum Heated Floor Area: 1,200 square feet

Height: 2 stories, not to exceed 40 feet

** South - Use: Undeveloped (Approved for single family subdivision)

Petition: 2006Z -0005 SFC

Zone: CUP (Community Unit Plan)

Density: 2.37 unit per acre, 34 lots

Minimum Lot Size: 10,000 square feet

Minimum Heated Floor Area: 1,800 square feet

** Further South - Use: Undeveloped

Petition: 2006Z -0036 SFC

Zone: CUP (Community Unit Plan)

Density: 2.91 units per acre, 37 lots

Minimum Lot Size: 10,000 square feet

Minimum Heated Floor Area: 1,800 square feet

** Further South - Use: (Vacant, Undeveloped, Existing, Approved, Under Development)

Petition: 2005Z -0037 SFC

Zone: CUP (Community Unit Plan)

Density: 3.01 units per acre, 78 lots

Minimum Lot Size: 10,000 square feet

Minimum Heated Floor Area: 1,800 square feet

** South - Use: Townhouse development (Under Construction)

Petition: 2003Z -0027 SFC

Zone: TR (Townhouse Residential)

Density: 6.80 units per acre, 215 units

Minimum Lot Size: 2,000 square feet

Minimum Heated Floor Area: 1,200 square feet

** 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 October 20, 2006*, Staff offers the following considerations:

LAND USE AND DENSITY

The petitioner is requesting to rezone the subject site from M-1A (Industrial Park) and SUB A (Residential) to MIX (Mixed Use) to develop 62,644 square feet of retail, 113,144 square feet of office, 350* apartments, 150 active adult housing units, 450 townhouses, and 800 single family lots. The Comprehensive Land Use Plan Map suggests Business Park along Fulton Industrial Boulevard. Community live work is suggested for the eastern tip of the site at the intersection of Campbellton Road and Suber Road. Residential use is suggested in the center of the site with a density of 3 to 5 units per acre adjacent to Business Park and a density of 2 to 3 units per acre adjacent to community live work. (A site plan map is included in the map section of this document showing the location of the suggested uses.)

The site is currently zoned M-1A (Industrial Park) along Fulton Industrial Boulevard and SUB A (Residential) for the remainder of the site. Due to the topography and the location of several streams along Fulton Industrial Boulevard and throughout the site, the development of an industrial site which requires large pad sites would be difficult. The applicant proposes a mixed use development with retail and office uses along Fulton Industrial Boulevard and at the intersections of Fulton Industrial Boulevard and Riverside Drive and Campbellton Road and Suber Road. Townhouse use is proposed at the southwestern corner of the site and east of Plummer Road. Apartments and active adult residences are proposed adjacent to the retail/office uses and interior to the site near the intersection of Fulton Industrial Boulevard and Riverside Drive. Single family lots are proposed for the remainder of the site. The proposed layout is consistent with the policy of transitioning from higher density to lower density uses. The applicant has located the non-residential uses at the perimeter and at intersections and transitions to multi-family residences with single family residences located at the center of the site. Staff notes that natural stream buffers or public streets separate the multi-family residences from single family lots.

Recent Board action in the area includes retail/office use approved at the intersection of Camp Creek Parkway and Campbellton Road, pursuant to 2002Z -0008 SFC. The applicant is proposing retail/office across the street at the intersection of Campbellton and Suber Roads. North of the approved retail/office use along the west side of Camp Creek Parkway, townhouses have been approved pursuant to 2006Z -0060 SFC. The applicant is proposing townhouses east of Plummer Road and north of the approved townhouse use. At the northwest corner of Fulton Industrial Boulevard and Campbellton Road, a mixed use development with retail/office and townhouses have been approved, pursuant to 2006Z -0063 SFC.

Given the proposed mixed use development is consistent with the policy and intent of the Land Use Plan Map and is consistent with recent Board action in the area, Staff recommends APPROVAL CONDITIONAL of the applicant's request subject to the attached Recommended Conditions.

MINIMUM LOT SIZE

The applicant has requested a single family subdivision with 5 pods, named SF1 to SF-5 on the site plan. The applicant is requesting the following minimum lot size for these pods.

Pod Name	Number of lots in the pod	Minimum Lot Size
SF1	138	6,875 square feet
SF2	148	10,000 square feet
SF3	183	8,750 square feet
SF4	166	7,500 square feet
SF5	165	6,250 square feet

South of the subject site 10,000 square foot lots have been approved along Campbellton Road, pursuant to 2006Z -0005 SFC, 2006Z -0036 SFC and 2005Z -0037 SFC. Staff notes that the proposed single family lots are internal to the development except along Riverside Drive, Suber Road, Campbellton Road, and the south property line. Staff notes that landscape strips are required along these road frontages. (See the following section, LANDSCAPE STRIPS AND BUFFERS.) Given recent Board action along Campbellton Road for 10,000 square foot lots, Staff recommends 10,000 square foot lots along the south property line adjacent to residentially zoned or used property and adjacent to the required landscape strip along Campbellton Road. The applicant's request is consistent with Staff's recommendation, except for pods SF4 & SF5. Provided 10,000 square foot lots are required along the south property line for all Pods, Staff is of the opinion that the applicant's request as stated in the chart above is an appropriate transition from the higher intensity uses to the north to the adjacent existing and anticipated residential uses to the south along Campbellton Road. Staff has reflected these recommendations in the Recommended Conditions.

On October 20, 2006 the applicant revised his site plan to show 10,000 square foot lots along the south property line of pods SF4 & SF5.

MINIMUM HEATED FLOOR AREA

The applicant is requesting the following minimum heated floor areas.

Housing Type	Minimum Heated Floor Area
Apartments	700 square feet
Active Adult	700 square feet
Townhouses	1,300 square feet
Single family detached, Pods SF1 & SF5	1,600 square feet
Single family detached, Pods SR2, SF3, & SF4	1,800 square feet

The applicant's request for 700 square feet for apartments and active adult units are consistent with the minimum heated floor areas required by multi-family districts in the Zoning Resolution. The request for 1,300 square feet for the townhouse units is consistent with Board action in the area. Petitions 2006Z -0060 SFC and 2003Z -0027 SFC required 1,200 minimum heated floor areas. Staff notes that single family detached dwellings along Campbellton Road have been approved for a minimum heated floor area of 1,800 square foot, pursuant to 2006Z -0005 SFC, 2006Z -0036 SFC, and 2005Z -0037 SFC. The applicant's request for a minimum heated floor area of 1,600 square feet for Pods SF1 and SF5 and a minimum 1,800 square feet for Pods SF2, SF3, and SF4 is consistent with Board action in the area. Therefore, Staff has included the applicant's requested minimum heated floor areas in the Recommended Conditions.

DEVELOPMENT STANDARDS

The applicant is requesting the following development standards for all single family lots.

Minimum Lot Width at Building Line 50 feet

Minimum Front Yard Setback 15 feet

Minimum Side Corner Setback 10 feet

Minimum Side Yard 0 feet

Minimum Rear Yard Setback 20 feet

Minimum Building Separation 10 feet

Staff supports the applicant's proposed standards except for the front yard setback. In order to provide adequate off-street parking space Staff recommends a 15-foot building setback with a 20-foot setback from the right-of-way to the garage door of any garage unit and for dwellings without garages a 15-foot front setback with a 20-foot front setback as measured from the right-of-way to the dwelling for the width of the driveway.

Staff recommends that all single family detached dwelling facades be staggered. 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 measured from the back of curb. Staff has included the recommendation in the Recommended Conditions.

LANDSCAPE STRIPS AND BUFFERS

The following landscape strips and undisturbed buffers are required for the subject site.

West of Riverside Drive and Suber Road

20-foot landscape strips along Fulton Industrial Boulevard and Campbellton Road (front yards) (Article 4.23.1)

15-foot landscape strip along Riverside and Suber Road (side yards) (Article 12F.4)

25-foot undisturbed buffer and 10-foot improvement setback along the south property line where townhouses are adjacent to SUB A (Residential) zoned property (side yards) (Article 4.23.1)

10-foot landscape strip along the south and east property lines where multi-family uses are adjacent to M-1A (Industrial Park) zoned property (side yards) (Article 12F.4. Section A.3)

East of Riverside Drive and west of Plummer Road

20-foot landscape strip along Riverside Drive and Plummer Road (front yards) (Article 4.23.1)

East of Plummer Road

20-foot landscape strip along Plummer Road (Article 4.23.1)

25-foot undisturbed buffer and 10-foot improvement setback along the north property line adjacent to SUB A (Residential) (Article 4.23.1)

10-foot landscape strip along the north property line adjacent to M1-A (Industrial Park)

10-foot landscape strip along the south property line adjacent to C-1 (Community Business)

All detention facilities require a 20-foot landscape strip planted to buffer standards outside the required 10-foot access easement per Article 34.5.4.

Staff is of the opinion that the applicant can comply with the landscape and buffer requirements. Staff notes that the landscape strips are not a part of any single family lot.

PARKING

The following chart illustrates the parking required by Article 18 of the Fulton County Zoning Resolution for the proposed uses:

Proposed Use

Minimum Requirement

Retail Service Commercial

5 spaces per 1,000 square feet of building area

Restaurant

10 spaces per 1,000 square feet of building area

Office

3 spaces per 1,000 square feet of building area

Multi-Family Residential

1 bedroom - 1.4 per unit

2 bedrooms - 2.0 per unit

3 bedrooms - 2.25 per unit

Single Family Residential

2 spaces per residence

The applicant will need to show parking calculations in compliance with Article 18 of the Zoning Resolution as well as the parking landscape and layout requirements of Article 4.23.2 at the time of application for a Land Disturbance Permit. Staff recommends that shared parking be allowed between the retail and office uses within the same tract. Staff has included the recommendation in the Recommended Conditions.

CONCURRENT VARIANCES

Article 4.16.2 requires that no portion of a new proposed residentially zoned or used property be located within a one mile radius of the property lines of an existing active transfer station.

The applicant is requesting the following concurrent variance as follows:

To allow residential development within one mile of an existing enclosed transfer station.

The subject site is located near the Gateway Transfer Station which is located on the west side of Fulton Industrial Boulevard. The applicant notes that the station is fully enclosed and no waste is kept in the facility overnight. Waste is being transferred hourly into trailers which are all enclosed and covered once they leave the building and trucked to landfills. The facility has a state of the art high tech ventilation system to restrict odors and a 12 inch concrete floor prevents any possible ground contamination. The building and exterior door are installed with a system that continuously sprays inert odor inhibitors. The applicant notes that several food distributors are located within the 1-mile radius of the Gateway Transfer Station. There have been no complaints or violations since the opening of the facility.

Staff notes that the facility is located on the west side of Fulton Industrial Boulevard across from the subject site. The applicant has located non-residential uses along Fulton Industrial as a buffer between the proposed residential uses and the transfer station.

Given the transfer station is fully enclosed, utilizes state of the art technology, and has no previous violations, the request to allow residential development less than 1 mile from this enclosed transfer station is in harmony with the intent of the Zoning Resolution. Therefore, Staff recommends APPROVAL CONDITIONAL of the concurrent variance.

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 site contains seven streams; the streams originate on the western boundary of the site and flow west, south and east of the site. The site contains four stream crossings. Wetland areas are located adjacent to the streams. The 100-year floodplain area is located within the streams and wetlands area. No buildings are proposed within this area. Slopes that exceed 33 percent over 10-foot rise in elevation exist inside the stream buffer area. Minimal grading along with erosion control measures (slope matting, etc.) is proposed in the steep slopes area.

This site is located within a 1 mile radius of the Gateway Transfer Station. Retail and Office is proposed adjacent to Fulton Industrial Boulevard and approximately 325 feet from the transfer station. Staff met with Waste Management representatives for a facility visit of the transfer station. The facility operates from 3:00 a.m.-3:00 p.m. Household waste and construction and debris are transferred from hauling trucks to hauling tractor trailers within the same shift for transport to recipient landfills. No hazardous, sludge or other special waste that require pre-treatment are processed at the facility. Site driveways and roads within the transfer facility are cleaned and washed down daily. The site runoff drains into the sanitary sewer system. Staff observed no odors during the facility visit. Staff observed noise from the trucks backing up during the waste transfer process. Compliance with the County stream buffer requirements, wetlands protection, erosion control guidelines and environmental standards would mitigate development impacts to adjacent properties. The site does not contain historical sites or sensitive plant and animal species.

OTHER CONSIDERATIONS

The applicant is requesting a height of 1 and 2 stories for the retail/office buildings. Board action in the area has approved retail/office for a height of 2 stories and townhouses not to exceed 40 feet. Given Board action in the area, Staff recommends a maximum height of 2-stories for retail/office use and 40 feet for all residential structures.

Staff notes that there is a natural gas pipeline located on the property. Article 34.5.10 of the Zoning Resolution requires a minimum 40-foot setback from the easement for all structures which will be occupied by humans. The site plan shows compliance with the requirement.

Staff notes that the layout for the apartment and active adult communities are not shown on the site plan. The applicant will be required to submit a revised site plan through the zoning modification process and request approval from the Board of Commissioners prior to submitting an application for a land disturbance permit for the apartment and active adult residential developments. Staff has included the recommendation in the Recommended Conditions.

The applicant has proposed open space within the proposed development. Staff notes that this common area will not be part of any of the proposed lots within the development. In addition, the development includes a recreation area. The applicant will be required to provide a mandatory homeowners association to maintain the common area as well as the recreation area. Staff will reflect this in the Recommended Conditions.

The majority of the site is in the Sandtown Overlay District. The applicant is required to comply with the standards of the Overlay District at the time of application for a land disturbance, building, or sign permit.

The applicant is contacting the Fulton County Land Department regarding the road abandonment of a portion of Plummer Road. The applicant will be required to show proof of approved abandonment at the time of application for a Land Disturbance Permit.

The proposed development exceeded the threshold for development set by the Atlanta Regional Commission (ARC). The applicant submitted a request for a DRI (Development of Regional Impact) review (DRI #1132, Riverside Park). Georgia Regional Transportation Authority (GRTA) completed a non-expedited review for the DRI Plan of Development pursuant to sections 3-101 and 3-103.A. of the Procedures and Principles for GRTA Development of Regional Impact Review based on a site plan dated July 20, 2006 and received by GRTA on July 24, 2006, prepared by Sizemore Group, titled “Riverside Park” and the analysis prepared by Kimley-Horn Associates dated July 2006 and received by GRTA on July 12, 2006 (together the Review Package. In a letter, “Notice of Decision”, dated August 21, 2006, GRTA determined that the DRI Plan of Development met the GRTA review criteria set forth in Sections 3-101 and 3-103.A. The notice states that the DRI Plan of Development as proposed is approved subject to conditions that are listed GRTA's “Notice of Decision”.

In addition, in a letter dated August 18, 2006, the Atlanta Regional Commission found this project to be in the best interest of the Region, and therefore, the State. ARC provided additional comments as follows: The proposed development is adjacent to the Sandtown Livable Centers Initiative (LCI) Study completed in 2002. Due to the location of the proposed development, ARC recommends that the developer review the Sandtown LCI Study and work with the community to meet the goals of the Study within the development. In addition to the required sidewalks, ARC recommends a trail system that would potentially connect with a multi-purpose trail throughout the Sandtown Community. Per a request from ARC and GRTA, Staff has included condition 6 in the Recommended Conditions that recommend compliance with GRTA's “Notice of Decision”.

In order to assure a true mixed use development, Staff is of the opinion that limits on the number of residential units that can be built prior to the development of the non-residential components of the development are necessary. Staff recommends a limitation on the construction of the residential components to no more than 50% of the dwelling units within a specific use category (single family, townhome, apartment etc.) until such time as the issuance of a building permit for a minimum 50,000 square feet of non-residential use. Staff will reflect this in the Recommended Conditions.

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 mixed use development, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing and anticipated 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 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: 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 compliance to the attached Recommended Conditions for project improvements. Some overcrowding of schools may occur.

RECOMMENDED CONDITIONS

If this petition is approved by the Board of Commissioners, it should be APPROVED MIX (Mixed Use) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Board of Commissioners.

1. To the owner's agreement to restrict the use of the subject property as follows:

a. Retail, service commercial and accessory uses, including all exterior food and beverage service areas, at a maximum density of 137.10 gross square feet per acre zoned or a total of 62,644 square feet, whichever is less, but excluding convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements, liquor stores, adult bookstores, pawn shops, check cashing facilities, and laundromats, except commercial dry cleaning establishments are allowed.

b. Office/institutional and accessory uses at a maximum density of 247.62 square feet of gross floor area per acre zoned or a total gross floor area of 113,144 square feet, whichever is less, but excluding hotels.

c. No more than 350 apartments at a maximum density of 0.766 dwelling units per acre based on the total acreage zoned, whichever is less.*

d. No more than 450 townhouses at a maximum density of 0.985 dwelling units per acre based on the total acreage zoned, whichever is less.

e. No more than 150 total active adult housing units at a maximum density of 0.33 dwelling units per acre based on the total acreage zoned, whichever is less.

f. No more than 800 single family detached residential units at a maximum density of 1.751 dwelling units per acre based on the total acreage zoned, whichever is less.

g. The minimum lot size for single family detached dwellings shall be according to the following chart. (Pods are shown on the site plan referenced in condition 2.a.) Staff notes that all individuals lots shall be outside any landscape strip required along street frontages.

Pod Name	Number of lots in the pod	Minimum Lot Size
SF1	138	6,875 square feet
SF2	148	10,000 square feet
SF3	183	8,750 square feet
SF4	166	7,500 square feet, except 10,000 square feet along the south property line of subject site
SF5	165	6,250 square feet, except 10,000 square feet along the south property line of subject site

h. Provide a minimum heated floor area of 700 square feet for the apartments.

i. Provide a minimum heated floor area of 1,300 square feet for the townhouses.

j. Provide a minimum heated floor area of 700 square feet for the active adult dwelling units.

k. Provide a minimum heated floor area for the single family detached dwellings as follows: 1,600 square feet for Pods SF1 & SF5 and 1,800 square feet for Pods SF2, SF3, and SF4. Pods are shown on the site plan referenced in condition 2.a.

l. Limit the height of retail/office buildings to no more than 2-stories.

m. Limit the height of all residential structures to 40 feet.

n. No more than 50 percent of any residential housing type (ie apartments, townhouses, or single family dwellings) shall be built until such time as the issuance of a building permit for a minimum 50,000 square feet of non-residential development.

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 October 20, 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. Prior to an application for a Land Disturbance Permit for the apartment and active adult residential development referenced in condition 1.c. and 1.e., submit a revised site plan through the zoning modification process.

c. All recreational and common areas which may be held in common shall be accessible by streets, sidewalks, or trails and the common areas 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. Allow shared parking per Article 18.2.2.

b. The minimum design standards are:

Single family residential dwellings

Minimum Lot Width at Building Line 50 feet

Minimum Front Yard Setback 15 feet to the dwelling; 20-feet to the garage door or for units with no garage

20 feet as measured from the right-of-way to the dwelling for the width of the driveway

Minimum Side Corner Setback 10 feet

Minimum Side Yard 0 feet

Minimum Rear Yard Setback 20 feet*

Minimum Building Separation 10 feet

c. Provide a staggered setback of all single family detached residential 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 measured from the back of curb.

d. Allow residential development within one mile of an existing enclosed transfer station. (2006VC-0092 SFC)

e. The developer shall use, as exterior materials, hardiplank, brick, stone or stucco in the construction of the residential dwelling units.

f. Vinyl siding is prohibited as an exterior material for the construction of the residential dwelling units.

g. The amenity package for the senior housing shall be developed concurrently with the construction of the senior housing pod.

h. The amenity package for the townhouse pod shall be developed concurrently with the construction of the townhouse pod.

i. The amenity package for the apartment pod shall be developed concurrently with the construction of the apartment pod.

j. The clubhouse for the single family residential pods SF-2 through SF-5 shall begin within 12 months following the sale of the first home within pods SF-2 through SF-5.

k. The clubhouse for the single family residential pods SF-2 through SF-5 referenced in condition 3.j. shall be completed within 12 months of the start date of construction. The clubhouse shall be a minimum of 4,000 square feet.

l. Commercial deliveries shall be prohibited between the hours of 11:00 PM and 6:00 AM.

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

a. Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 10 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation.

100 feet from centerline of Fulton Industrial Boulevard (SR 70) or as may be required by the Georgia Department of Transportation;

55 feet from centerline of Campbellton Road (SR 166) or as may be required by the Georgia Department of Transportation;

45 feet from centerline of Suber Road;

45 feet from centerline of Riverside Drive;

45 feet from centerline of Plummer Road.

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:

100 feet from centerline of Fulton Industrial Boulevard (SR 70) or as may be required by the Georgia Department of Transportation.

50 feet from centerline of Campbellton Road (SR 166) or as may be required by the Georgia Department of Transportation,

30 feet from centerline of Suber Road,

30 feet from centerline of Riverside Drive,

30 feet from centerline of Plummer Road.

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. Approval of this Zoning Case and/or associated Concept Plan that depicts proposed conditions that are inconsistent with county design requirements and standards does not constitute a waiver of such requirements, unless specifically stipulated during the zoning case hearing, by the Board of Commissioners.

p. 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.

q. 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.

r. 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.

6. Comply with the Georgia Regional Transportation Authority (GRTA) “Notice of Decision” dated August 21, 2006 for DRI #1132, Riverside Park.

APPENDIX**

** Based on applicant's original request for 80,000 sf of retail, 114,000 sf of office, 150 senior housing units, 700 apartment units, 485 townhouses, and 809 single family lots.

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: Suber Road

Classification: Local Street

Level of Service: C or better

Road name: Campbellton Road

Classification: Arterial Collector

Level of Service: C or better

Road name: Plummer Road

Classification: Local Street

Level of Service: C or better

Road name: Riverside Drive

Classification: Local Street

Level of Service: C or better

Road name: Fulton Industrial Boulevard (SR 70)

Classification: Arterial Collector

Level of Service: C or better

Anticipated Traffic Generation Rates:

Average: 22,191 trips per day

Peak Hour: 1,420 AM trips, 2,189 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: 660,089 gallons per day

This project is within the City of 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: Wilson Creek

Treatment Plant: Camp Creek

Anticipated sewer demand: 594,080 gallons per day

The nearest wastewater pipeline to this project is on site located in Land Lot 137, 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: F.I.R.M. Panel No. 13121C0329E. Approx. 31 percent floodplain.

BOARD OF EDUCATION:

# of Proposed Units: 809 single family, 485 townhouses, 700 apartments

Schools	Stonewall Tell Elementary	Sandtown Middle School	Westlake High School
Estimated Number of Students Generated	450 to 731	235 to 411	225 to 387
State Capacity ^A	850	1,200	1,125
Enrollment ^B	828 to 880	1,777 to 1,887	1,902 to 2,020
Projected Under/Over State Capacity ^C	-22 to 30	577 to 587	777 to 895
Number of Portable Classrooms	2	14	20
Can Facility Meet Increased Demand?	No	No	No

^AUpdated Georgia Department of Education state capacity.

^BProjected enrollment is for fall of the 2006-07 school year.

^CPositive 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 multi-family apart. unit generates:

One Townhome unit generates:

0.2661 to 0.4187

0.1383 to 0.2315

0.1526 to 0.2525

0.2152 to 0.2883

0.1192 to 0.1906

0.1001 to 0.1520

0.1734 to 0.2789

0.0813 to 0.1554

0.065 to 0.0874

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 REVENUES	LOCAL AND OTHER REVENUE SOURCES	STATE REVENUES
$8,497	$5,793	$2,705

TOTAL REVENUES

LOCAL AND OTHER REVENUE SOURCES

STATE REVENUES

$8,497

$5,793

$2,705

TAX ASSESSOR:

Property Tax ID#: 14F-0150-LL-006-1

14F-0149-LL-010-7

14F-0132-LL-013-0

14F-0131-LL-003-2

14F-0131-LL-001-6

14F-0137-LL-004-4

14F-0118-LL-055-9

14F-0118-LL-001-3

14F-0136-LL-023-5

14F-0130-LL-013-2

Taxes on the subject property are up-to-date, except the 2005 taxes in the amount of $16,350.56 are past due on tax parcel 14F-0149-LL-010-7.

FIRE MARSHAL:

Fire Station: 13

Battalion: 3

Impact: Will increase water demands. Will increase road congestion. Will increase EMS calls.

POLICE DEPARTMENT ZONING IMPACT STATEMENT:

Beat: 33

Impact Statement on Beat:

Current calls for service: 6,917

Projected calls for service: Unknown

**** Current average response time: 10 minutes

** Increase in the number of residents: 6,286

* Increase in E-911 calls for service (police, fire, E.M.S.): 15,778

*** Increase in the number of traffic accidents: 327

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.

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

CITY OF ATLANTA DEPARTMENT OF AVIATION (DOA)

Hartsfield-Jackson Atlanta International Airport

The proposed project is located approximately 9.2 miles northwest of the Airport.

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

Yes-X (Partially) 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 2010 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.