PETITION No. 2006Z -0071 NFC

2006VC-0107 NFC


 

PROPOSED ZONING                     NUP (NEIGHBORHOOD UNIT PLAN) - 1.99* UNITS      PER ACRE

 

PROPOSED USE                               SINGLE FAMILY SUBDIVISION - 16 LOTS*

 

EXISTING ZONING                           AG-1 (AGRICULTURAL)

                                                                       

EXISTING USE                                    3 SINGLE FAMILY RESIDENCES

 

LAND USE MAP                                  RESIDENTIAL - 1 TO 2 UNITS PER ACRE

 

LOCATION                                              BAYHILL DRIVE (NORTH SIDE):

                                                                        267.32 FEET OF FRONTAGE

 

                                                                        WILSON ROAD (SOUTH SIDE):

                                                                        483.64 FEET OF FRONTAGE

 

                                                                        PARSONS ROAD (SOUTH SIDE):

                                                                        681.38 FEET OF FRONTAGE

 

                                                                        PARCEL SIZE 8.05 ACRES

 

                                                                        SMALL AREA 215

 

                                                                        LL 362, 363, DISTRICT 1/1

 

                                                                        COMMISSION DISTRICT 3

                                                                       

OWNER                                                    HAROLD COOKETAL

 

PETITIONER                                         MAGHARI, INC.

 

REPRESENTATIVE                          NATHAN V. HENDRICKS III

 


 

APPLICANT'S INTENT                    *To develop a 16-lot single family subdivision on 8.05 acres at a density of 1.99 units per acre. The applicant is also requesting a 2-part concurrent variance as follows:

 

                                                                        Part 1 - To reduce the required minimum perimeter setback from 40 feet to 25 feet. (Article 11.2.4.I.)

 

                                                                        Part 2 - To delete the required 25-foot landscape strip along Wilson Road and Parsons Road. (Article 12.E.4.A.3.)

 


 

Department of Environment and Community Development

Recommendation

 

APPROVAL CONDITIONAL: 2006Z -0071 NFC, 1.17 UNITS PER ACRE, 9-LOTS TOTAL

APPROVAL CONDITIONAL: 2006VC-0107 NFC (PART 1)

DENIAL: 2006VC-0107 NFC (PART 2)

 

 

Community Zoning Board Meeting

August 15, 2006

 

APPROVAL CONDITIONAL: 2006Z -0071 NFC, PER ORIGINAL REQUEST

FOR 20-LOTS, 2.49 UNITS PER ACRE

APPROVAL CONDITIONAL: 2006VC-0107 NFC (ALL PARTS)

 

 

Board of Commissioners Meeting

September 6, 2006

 

DEFERRED UP TO 60 DAYS: 2006Z -0071 NFC

DEFERRED UP TO 60 DAYS: 2006VC-0107 NFC

 

THIS WILL BE THE SECOND TIME BEFORE THE BOARD OF COMMISSIONERS BUT THE FIRST PUBLIC HEARING.

 


SUBJECT SITE AND SURROUNDING AREA:

 

SUBJECT SITE: The 8.05 acre subject site is located on the north side of Bayhill Drive, the south side of Wilson Road, and the south side of Parsons Road. The subject property is zoned AG-1 (Agricultural) and is currently developed with three single family residential dwellings. The subject site is located in the Northeast Fulton Overlay District.

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL

 

**         West - Use: Office/Retail (Under Development)

            Petition: 2006Z -0025 NFC

            Zone: C-1 (Community Business)

            Density: 6,485.07 square feet per acre

 

            NEARBY AND ADJACENT PROPERTIES/ZONINGS: RESIDENTIAL

 

**         North - Use: Single Family Subdivision (Under Construction)

            Zone: AG-1 (Agricultural)

           

**         Northeast - Use: Single Family Subdivision (Existing)

            Petition: 2002Z -0106 NFC

            Zone: TR (Townhouse Residential)

            Density: 5.34 units per acre

            Minimum Heated Floor Area: 2,800 square feet

 

**         Southeast, South, & West - Use: St. Ives Subdivision (Existing)

            Petition: Z91-057 NFC

            Zone: CUP (Community Unit Plan)

            Density: 1.17 units per acre

            Minimum Lot Size: 15,000 square feet  - Estate Lots

                                             10,000 square feet - Manor Lots

                                               6,000 square feet - Cluster Lots

            Minimum Heated Floor Area: 2,000 square feet - Estate Lots

                                                                1,800 square feet - Manor Lots

                                                                1,600 square feet - Cluster Lots

 

**         West - Use: Single Family Subdivision (Existing)

            Petition: 2001Z -0054 NFC

            Zone: TR (Townhouse Residential)

            Density: 4.98 units per acre

            Minimum Heated Floor Area: 1,100 square feet

 

            MISCELLANEOUS USES AND ZONINGS IN THE AREA:

 

**         Northwest – Use: Church, Gymnasium, & Education Building

            Petition: 2000U -0008 NFC, 2005U -0021 NFC

 

**         There have been no RECENT DENIALS in the immediate area of the subject site.

 

SITE PLAN ANALYSIS:

 

Based on the applicant's revised site plan submitted to the Department of Environment and Community Development on August 25, 2006, Staff offers the following considerations:

 

LAND USE AND DENSITY

 

The applicant is requesting to rezone the 8.05 acre subject site from AG-1 (Agricultural) to NUP (Neighborhood Unit Plan). Staff notes that the original application for a 20-lot single family subdivision at an overall density of 2.49 units per acre was subsequently revised on August 25, 2006 to request 16 lots at a density of 1.99 units per acre. Although the revised requested density is consistent with the Comprehensive Land Use Plan Map which suggests residential use at a density of 1 to 2 units per acre, it is inconsistent with Board action which approved the adjacent St. Ives Subdivision located to the east, south, and west of the subject site as a CUP (Community Unit Plan) at a density of 1.17 units per acre, pursuant to Z91-057 NFC.

 

Given the density of the adjacent single family subdivision, and the fact that the subject site will be part of the existing St. Ives Subdivision, Staff is of the opinion that the density of the applicant's proposed development should reflect previous Board action. Therefore, Staff recommends APPROVAL CONDITIONAL of the petition at a maximum density of 1.17 units per acre, and a maximum number of 9 lots.

 

MINIMUM LOT SIZE

 

The applicant's revised Letter of Intent states that the minimum lot size for the proposed 16-lot development will be 16,200 square feet, except for 2 lots which will range in size from 14,000 square feet to 16,199 square feet. Staff notes that the applicant's revised site plan indicates that the majority of the lots on the southern portion of the proposed development, adjacent to the St. Ives Subdivision, range in size from approximately 16,000 square feet to more than 35,000 square feet.  Given that the St. Ives Subdivision lots adjacent to the south property line of the subject site are either 15,000 square foot minimum Estate Lots or 10,000 square foot minimum Manor Lots, Staff is supportive of the applicant's requested minimum lot sizes, and will therefore reflect the proposed standards in the Recommended Conditions.

 

MINIMUM HEATED FLOOR AREA

 

The applicant's Letter of Intent states that the proposed minimum heated floor area shall be 3,500 square feet, although the site plan indicates 1,000 square feet for one story dwellings and 1,100 square feet for two story dwellings. Staff notes that the approved minimum heated floor area for the adjacent St. Ives Subdivision is 2,000 square feet for Estate Lots, 1,800 square feet for Manor Lots, and 1,600 square feet for Cluster Lots. Staff is therefore of the opinion that the 3,500 square foot minimum heated floor area requested by the applicant is appropriate for the subject site and will reflect the standard in the Recommended Conditions.

 

BUILDING SETBACKS

 

The applicant's revised Letter of Intent indicates that the following setbacks are proposed for the development:

 

            Minimum Front Yard Setback                                  30 feet

            Minimum Rear Yard Setback                                  35 feet

            Minimum Side Yard Setback (Interior)                   7.5 feet

            Minimum Side Yard Setback (Corner)                   30 feet

           

Staff notes that the proposed setbacks are consistent with the approved minimum setbacks for the St. Ives Subdivision, adjacent to the subject site. Therefore, Staff shall reflect these requirements in the Recommended Conditions.            

 

The applicant has also requested the following concurrent variance:

 

Part 1 - To reduce the required minimum perimeter setback from 40 feet to 25 feet (Article 11.2.4.I.).

 

Due to the narrow shape of the subject site, the applicant originally requested to reduce the required perimeter setback from 40 feet to 25 feet in order to provide an adequate buildable area on each lot. However, the applicant subsequently revised the concurrent variance request to reduce the required perimeter setback from 40 feet to 35 feet, in order to be consistent with the proposed 35-foot minimum rear yard setback. Staff is of the opinion that the applicant has demonstrated a valid hardship, but is only supportive of a reduction of the required minimum perimeter setback along the east and south property lines of the subject site, where the proposed lots adjoin the developed St. Ives Subdivision. However, Staff is of the opinion that the required 40-foot setback should be maintained along the north and west property lines of the subject site, along Parsons Road and Wilson Road.

 

Therefore, Staff recommends APPROVAL CONDITIONAL of Part 1 of the concurrent variance request to reduce the minimum perimeter setback from 40 feet to 35 feet, but along the east and south property lines only.

 

LANDSCAPE STRIPS AND BUFFERS

 

The applicant has requested the following concurrent variance:

 

Part 2 - To delete the required 25-foot landscape strip along Wilson Road and Parsons Road      (Article 12.E.4.A.3.).

 

Article 12.E.4.A.3. of the Zoning Resolution requires a minimum 25-foot wide landscape strip along a public street. Given that the applicant's Site Plan indicates a 25-foot landscape strip around the perimeter of the entire proposed development and the Letter of Intent gives no explanation for the request to delete the required landscape strip, Staff is of the opinion that a valid hardship has not been demonstrated. Therefore, Staff recommends the DENIAL of Part 2 of the concurrent variance request.

 

PARKING

 

In accordance with Article 18 of the Zoning Resolution, 2 parking spaces are required per dwelling unit.  The applicant will need to show compliance at the time of application for a Land Disturbance Permit.

 

ENVIRONMENT

 

The Environmental Site Analysis Report is sufficient and satisfies the requirement of the Fulton County Zoning Resolution. A field survey of the site was conducted by County Staff to verify areas addressed in the ESA report. According to county GIS slopes greater than 33 percent over a 10-foot rise in elevation are located in Lot 18. Development must comply with the County Steep Slopes Protection and Grading Ordinance. County erosion control guidelines would mitigate developmental impacts. The site does not contain wetlands, floodplains, streams, historical sites or sensitive plant and animal species.

 

OTHER CONSIDERATIONS

 

Staff notes that on August 25, 2006, the applicant submitted an amended application that included two revised site plans. The first site plan, designated as the Bayhill Drive Access Site Plan, is applicable if the subject site is made part of the adjacent St. Ives Subdivision, and indicates that all internal streets will be private roads with no access to either Parsons Road or Wilson Road. The second site plan, designated as the Parsons Road Access Site Plan, is applicable if the subject site is not allowed to be part of the St. Ives Subdivision, and indicates that access will be provided to Parsons Road, with internal streets that will be constructed to Fulton County standards. Since the time of the submittal the St. Ives Subdivision has approved the subject site for inclusion within their overall development. This decision makes the Bayhill Drive access plan the official site plant.  Staff will reflect this in the Recommended Conditions.

 

All areas including water detention facilities which may be held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.

 

The subject site is located within the Northeast Fulton Overlay District and will be required to comply with all applicable requirements at the time of the issuance of a Land Disturbance Permit (LDP).

 

BOARD OF COMMISSIONERS MEETING

 

At the September 6, 2006 Board of Commissioners Meeting, the petition was deferred up to 60 days in order to allow additional time for the applicant to meet with the St. Ives Subdivision and to obtain a written private agreement in regard to the proposed development.  

 

According to the applicant's representative, the applicant did meet with St. Ives subdivision and an agreement was reached to allow these lots to become a part of that subdivision. 

 

 

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 H., below, as well as any other factors it may find relevant.

 

A.        WHETHER THE ZONING PROPOSAL WILL PERMIT A USE THAT IS SUITABLE IN VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY.

 

FINDING:      The proposed single family subdivision, if developed with Staff's Recommended Conditions, is suitable for the subject site given the existing low density single family residential development in the surrounding area. 

 

B.        Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property.

 

FINDING:      In Staff's opinion, the proposed residential development will not have an adverse effect on the use or usability of adjacent and nearby properties if developed in accordance with Staff's Recommended Conditions.

 

C.        WHETHER THE PROPERTY TO BE AFFECTED BY THE ZONING PROPOSAL HAS A REASONABLE ECONOMIC USE AS CURRENTLY ZONED.

 

FINDING:      The subject site may have a reasonable 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 the proposed use will have a significant impact on the facilities and utilities serving the area.

 

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

 

FINDING:      The proposed single family residential development, if approved per the Staff recommendation of 9-lots at a density of 1.17 units per acre, is consistent with the density range suggested on the Comprehensive Plan Land Use Map and  Board action in the area.

 

LAND USE PLAN MAP: Residential - 1 to 2 units per acre

 

Proposed use/density: Residential Subdivision/ 1.99 Units Per Acre

 

The Comprehensive Plan Land Use Map suggests the subject site and the properties in the immediate area as appropriate for residential development at a density of 1 to 2 units per acre. 

 

PLAN POLICIES:

 

The applicant's request is inconsistent with the following plan policy:

 

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

 

The applicant's request is consistent with the following plan policies:

 

Infill development in single family zoned areas shall be for single family residential development only.

 

            Encourage planned residential development with homes and recreation areas           oriented to internal streets, not facing or directly accessing external roads.

 

F.         WHETHER THERE ARE OTHER EXISTING OR CHANGING CONDITIONS AFFECTING THE USE AND DEVELOPMENT OF THE PROPERTY WHICH GIVE SUPPORTING GROUNDS FOR EITHER APPROVAL OR DISAPPROVAL OF THE ZONING PROPOSAL.

 

FINDING:      Existing zonings and current development trends in the area and adopted land use policies support this request for residential development if developed in accordance with Staff's Recommended Conditions.

 

G.        WHETHER THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF FULTON COUNTY.

 

FINDING:      The proposed residential development is not considered environmentally adverse affecting natural resources, the environment, or the citizens of Fulton County. 

 

CONCLUSION:

 

Given the approved density of the adjacent residential development, and existing land uses and zonings in the area, Staff is of the opinion that a 9-lot single family residential subdivision at a density of 1.17 units per acre is appropriate for the subject site. Therefore, Staff recommends APPROVAL CONDITIONAL of this petition at 1.17 units per acre, for 9-lots, subject to the attached Recommended Conditions, APPROVAL CONDITIONAL of Part 1 of the concurrent variance request, and DENIAL of Part 2 of the concurrent variance request.

 

Note:               The attached alternate conditions are provided as a guide should the Board of Commissioners choose to approve this petition per the applicant's request.  The applicant's agreement to these conditions would not result in a favorable recommendation from the Staff.

 

 

RECOMMENDED CONDITIONS

 

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

 

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

 

a.         Single family detached dwellings and accessory uses and structures.

 

b.         No more than 9 total dwelling units, at a maximum density of 1.17 dwelling units per acre, whichever is less based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of Fulton County. The total lot/unit yield of the subject site shall be determined by this final engineering.

 

c.         The minimum heated floor area per dwelling unit shall be 3,500 square feet.

 

d.         The minimum lot size shall be 16,200 square feet, except that no more than 2-lots shall be allowed to be between 14,000 square feet and 16,199 square feet.

 

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

 

a.         To the revised site plan designated as “Bayhill Drive Access Site Plan” received by the Department of Environment and Community Development on August 25, 2006. Said site plans are 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.

 

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

 

            a.         The development standards shall be as follows:

 

                        Minimum Front Yard Setback                                    30 feet

                        Minimum Rear Yard Setback                                    35 feet

                        Minimum Side Yard Setback (Interior)                   7.5 feet

                        Minimum Side Yard Setback (Corner)                     30 feet

 

b.         Reduce the minimum perimeter setback to 35 feet along the east and south property lines. (2006VC-0107 NFC, Part 1)

 

c.         All areas including water detention facilities which may be held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.

 

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.

 

Reserve 45 feet from centerline of Wilson Road.

Reserve 45 feet from centerline of Parsons 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:

 

Dedicate 25 feet from centerline of Bayhill Drive.

Dedicate 30 feet from centerline of Wilson Road and additional right-of-way as needed for Capital Improvement Project T-219.

Dedicate 30 feet from centerline of Parsons Road and additional right-of-way as needed for Capital Improvement Project T-219.

 

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.         A sediment study on the downstream lake or permanent impoundment should be performed by the owner of the proposed project. The owner shall provide a copy of a sediment study on the downstream lake or a notarized letter from the owner stating that he or she has attempted to perform a sediment study and has been refused permission to do by the lake owner. A copy of the study or notarized letter shall be provided to Fulton County Department of Environment and Community Development before the land disturbance permit is issued.

 

 

ALTERNATE CONDITIONS

 

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

 

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

 

a.         Single family detached dwellings and accessory uses and structures.

 

b.         No more than 16 total dwelling units, at a maximum density of 1.99 dwelling units per acre, whichever is less based on the total acreage zoned. Approved lot/unit totals are not guaranteed. The developer is responsible through site engineering (at the time of application for a Land Disturbance Permit) to demonstrate that all lots/units within the approved development meet or exceed all the development standards of Fulton County. The total lot/unit             yield of the subject site shall be determined by this final engineering.

 

c.         The minimum heated floor area per dwelling unit shall be 3,500 square feet.

 

d.         The minimum lot size shall be 16,200 square feet, except that no more than 2-lots shall be allowed to be between 14,000 square feet and 16,199 square feet.

 

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

 

a.         To the revised site plan designated as “Bayhill Drive Access Site Plan”  received by the Department of Environment and Community Development on August 25, 2006. Said site plans are 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.

 

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

 

            a.         The development standards shall be as follows:

 

                        Minimum Front Yard Setback                                    30 feet

                        Minimum Rear Yard Setback                                    35 feet

                        Minimum Side Yard Setback (Interior)                   7.5 feet

                        Minimum Side Yard Setback (Corner)                     30 feet

 

b.         Reduce the minimum perimeter setback to 35 feet. (2006VC-0107 NFC, Part 1)

 

c.         Delete the required 25-foot landscape strip along Wilson Road and Parsons Road. (2006VC-0107 NFC, Part 2)

 

d.         All areas including water detention facilities which may be held in common shall be maintained by a mandatory homeowners association, whose proposed documents of incorporation shall be submitted to the Director of the Department of Environment and Community Development for review and approval prior to the recording of the first final plat.

 

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.

 

Reserve 45 feet from centerline of  Wilson Road.

Reserve 45 feet from centerline of  Parsons 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:

 

Dedicate 25 feet from centerline of Bayhill Drive.

Dedicate 30 feet from centerline of Wilson Road and additional right-of-way as needed for Capital Improvement Project T-219.

Dedicate 30 feet from centerline of Parsons Road and additional right-of-way as needed for Capital Improvement Project T-219.

 

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.         A sediment study on the downstream lake or permanent impoundment should be performed by the owner of the proposed project. The owner shall provide a copy of a sediment study on the downstream lake or a notarized letter from the owner stating that he or she has attempted to perform a sediment study and has been refused permission to do by the lake owner. A copy of the study or notarized letter shall be provided to Fulton County Department of Environment and Community Development before the land disturbance permit is issued.

 

 

 

APPENDIX

 

COMMENTS ON PUBLIC SERVICES AND UTILITIES

 

NOTE: Various Fulton County departments or divisions that may or may not be affected by the proposed development provide the following information. Comments herein are based on the applicant's conceptual site plan and are intended as general non-binding information and in no manner suggest a final finding by the commenter. All projects, if approved, are required to complete the Fulton County Plan Review process prior to the commencement of any construction activity.

 

TRANSPORTATION FACILITIES:

 

Road name: Parsons Road

Classification: Local Street

Level of Service: C or Better

 

Road name: Wilson Road

Classification: Local Street

Level of Service: C or Better

 

Road name: Bayhill Drive

Classification: Local Street

Level of Service: C or Better

 

Anticipated Traffic Generation Rates:

Average:  237 trips per day

Peak Hour: 25 trips

 

HEALTH DEPARTMENT:

 

The Fulton County Health Department does not anticipate any health problems with this proposed development, provided public water and public sanitary sewer are required to serve the site.

 

WATER:

 

Anticipated water demand: 6,000 gallons per day

 

This project is within the North Fulton 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: Johns Creek

 

Treatment Plant: Johns Creek

 

Anticipated sewer demand: 5,400 gallons per day

 

The nearest wastewater pipeline to this project is + 10 linear feet located in Land Lot  363, District 1/1.

 

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: