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.