PROPOSED ZONING C-1 (COMMUNITY BUSINESS) -
2,301.45 SQUARE FEET PER
PROPOSED USE EXTERMINATING BUSINESS OFFICE IN EXISTING
STRUCTURE - 1,588 SQUARE FEET
EXISTING ZONING AG-1 (AGRICULTURAL)
EXISTING USE EVER-REDI EXTERMINATING CO.
LAND USE MAP LIVE-WORK NEIGHBORHOOD
LOCATION
35.0 FEET OF FRONTAGE
PARCEL SIZE 0.69 ACRES
SMALL AREA 703
LL 132, 133, DISTRICT 13
COMMISSION DISTRICT 7
OWNER WARREN R. JONES
PETITIONER WARREN R. JONES
REPRESENTATIVE ED ETAFIA
APPLICANT'S INTENT To allow an exterminating business office in a 1,588 square foot existing structure on 0.69 acres at an overall density of 2,301.45 square feet per acre.
Department of Environment
and Community Development
Recommendation
SUBSTITUTE
O-I (OFFICE-INSTITUTIONAL)
IN THE EXISTING
STRUCTURE
Community Zoning Board Recommendation
September 19, 2006
SUBSTITUTE O-I (OFFICE-INSTITUTIONAL)
IN THE EXISTING STRUCTURE
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: Located on the east side of Old National Highway (SR 279), just south of Flat Shoals Road, the 0.69 acre site is zoned AG-1 (Agricultural) and is developed with a single family residence. The existing structure is currently occupied by Ever-Redi Exterminating Company. The subject site is also located within the boundaries of the Old National Highway Overlay District.
NEARBY
AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North and Northeast - Undeveloped
Petition:
2000Z -0125 SFC
Zone:
O-I (Office Institutional)
Density:
8,571.43 square feet per acre, 6,000 total square feet; 14 units at 1.69 units
per acre
** Further North - Use: Assorted Office
Uses (Existing)
Zone: O-I (Office-Institutional)
|
USE |
PETITION |
DENSITY |
|
Franks & Associates |
Z82-021 SFC |
None Stated |
|
Eason Law Firm |
Z86-083 SFC |
Office in Existing Structure |
|
|
Z90-068 SFC |
1,987 sq.ft. per acre 2,960 sq.ft. total |
|
|
99Z -141 SFC |
1,744.97 sq.ft. per acre 2,600 sq.ft. total |
|
Foot and |
Z93-083 SFC |
1,333 sq.ft. per acre 1,700 sq.ft. total |
|
Old National Gynecology |
Z93-057 SFC |
1,785 sq.ft. per acre 2,500 sq.ft. total |
|
Family Dentistry |
Z93-097 SFC |
1,333 sq.ft. per acre 2,000 sq.ft. total |
** Further North - Use: Frozen Palace and
various retail uses (Existing)
Petition: Z80-054 SFC
Zone: C-1 (Community Business)
Density: 5,975 square feet per acre
** South - Undeveloped
Petition:
2005Z -0127 SFC
Zone:
O-I (Office Institutional)
Density:
6,426.74 square feet per acre, 10,000 total square feet
** Further Southwest - Undeveloped
Petition: Z99 -123 SFC
Zone: O-I (Office Institutional)
Density: 14,031.81 square feet per acre, 150,000 total square feet
Height:
2-stories, except no more than 15 feet at the eve for bldg. along
** West
- Use: Retail (Approved)
Petition: 2005Z-0126 SFC
Zone: C-1
(Community Business)
Density:
7,318.91 square feet per acre, 299,724 total square feet
** Northwest - Use: Mixed use development
(Walmart & Woodward Hills Townhouses) (Under Construction)
Petition: 99Z -098 SFC
Zone: MIX (Mixed Use)
Density: Office and Commercial - 7,971.25
square feet per acre, 642,482 square feet total
Residential - 1.89 units per acre, 152
dwelling units
Height: 2-stories
** Further Northwest - Use:
Petition: Z86-079 SFC
Zone: C-1
(Community Business)
Density: 9,320 square feet per acre,
120,600 total square feet
** Further Northwest - Pending Petition 2006Z -0086 SFC, request to rezone to C-2 (Commercial) for a 3,240 square foot Car Wash at a density of 5,221.60 square feet per acre (Undeveloped)
Zone: MIX (Mixed Use)
** Further
Northwest - Use: Liquor Store (Existing)
Petition: 97Z -160 SFC
Zone: C-1 (Community Business)
Density: 4,962 square feet per acre, 6,500 total square feet
NEARBY AND ADJACENT PROPERTIES/ZONINGS:
RESIDENTIAL
** Further North - Use: Townhouse Residential (Under Construction)
Petition: 2003Z -0029 SFC
Zone: TR (Townhouse Residential)
Density: 3.5 units per acre, 29 total units
Minimum Heated Floor Area: 1,452 square feet for 2-bedroom units, 1,560 square feet for 3-bedroom units
** Northeast - Use: Approved for townhouse development
Petition: 2003Z -0107 SFC
Zone: TR (Townhouse Residential)
Density: 5.8 units per acre, 104 total units
Minimum Heated Floor Area: 1,200 square feet
** East - Use: Under Construction
Petition: 2004Z -0017 SFC
Zone: CUP (Community Unit Plan)
Density: 4.98 units per acre, 145 total units
Minimum
Minimum Heated Floor Area: 1,2350 square feet for 3,000 square foot lots, 1,400 square feet for 5,000 square foot lots, 1,600 square feet for 9,000 square foot lots
** Southeast - Use:
Petition: 2002Z -0043 SFC
Zone: TR (Townhouse Residential)
Density: 7.19 units per acre, 163 total units
** Further South - Use: Undeveloped
Petition: 2004Z -0008 SFC
Zone: TR (Townhouse Residential)
Density: 6.36 units per acre, 220 units
Minimum
Minimum Heated Floor Area: 1,200 square feet
** South and
Southwest - Use:
Scattered Single Family Residences (Existing)
Zone: AG-1 (Agricultural)
** Further North - Use: Approved for townhouse development
Petition: 2004Z -0051 SFC
Zone: TR (Townhouse Residential)
Density: 7.58 units per acre, 120 total units
RECENT
DENIALS IN AREA:
** Further
Northwest -
MISCELLANEOUS USES AND ZONINGS IN THE AREA:
** There
are no miscellaneous uses or zonings in the immediate area of the subject site.
SITE PLAN ANALYSIS:
Based on the applicant's site plan submitted to the Department of Environment and Community Development on July 3, 2006, Staff offers the following considerations:
The applicant is proposing to rezone the subject site from AG-1 (Agricultural), to C-1 (Community Business) to allow an exterminating business office in a 1,588 square foot existing structure on 0.69 acres at an overall density of 2,301.45 square feet per acre.
Although the applicant's request is consistent with the Comprehensive Plan Land Use Map's suggestion for Live-Work Neighborhood, which allows retail and service commercial uses, it is inconsistent with approved zonings, established development patterns, and existing uses in the immediate area of the subject site. Given that office-institutional uses predominate along the east side of Old National Highway (SR 279), immediately north and south of the subject site, and that there is a transition toward low density single family residential uses east of the subject site, Staff is of the opinion that the proposed commercial use is inconsistent with Board and Plan policies. Therefore, Staff is of the opinion that office-institutional zoning would be more appropriate for the subject site and would provide an appropriate transition of land use. Furthermore, the applicant's proposed office use is a permitted use within an O-I (Office-Institutional) district. Therefore, Staff recommends APPROVAL CONDITIONAL, SUBSTITUTE O-I (Office-Institutional).
Article 9.1.3.B. of the Fulton County Zoning Resolution requires a 40-foot minimum front yard setback. The applicant's site plan indicates compliance with this requirement.
Staff notes that although the applicant has requested C-1 (Community Business), the site plan indicates the 20-foot minimum side yard and 25-foot minimum rear yard setbacks required for an O-I (Office-Institutional) zoning district. The aforementioned setbacks are not required in a C-1 (Community Business) zoning district. Furthermore, the existing structure encroaches upon these setbacks, but if the Board of Commissioners chooses to approve the petition as O-I (Office Institutional) Article 4.3.1.E.1 will allow the reduction of the setbacks to the extent necessary for the existing structure to comply.
Article 4.23.1. of the Fulton County Zoning Resolution requires a 25-foot undisturbed buffer and a 10-foot improvement setback along the side property lines and a 50-foot undisturbed buffer and 10-foot improvement setback along the rear property line for either C-1 (Community Business) or O-I (Office Institutional) zoned properties. The applicant's site plan shows the required undisturbed buffers, but does not show the required improvement setbacks. Additionally, Staff notes that the existing structure on the subject site also encroaches upon the required undisturbed buffer and improvement setback along the north property line. Article 4.3.1.E.3. allows for the automatic adjustment of these items to the extent necessary for the existing structure to comply.
Article 12.D.3.A.1. of the Fulton County Zoning Resolution requires a 15-foot wide landscape strip along any property line adjacent to a public street. The applicant's site plan indicates compliance with this requirement.
Article 18.2.1 of the Fulton County Zoning Resolution requires 5 parking spaces per 1,000 square feet for C-1 (Community Business) use and 3 parking spaces per 1,000 square feet for O-I (Office Institutional) use. Based on the proposed total area of 1,588 square feet, the applicant is required to provide a minimum of 8 parking spaces for C-1 (Community Business) use and a minimum of 5 parking spaces for O-I (Office Institutional) use. The site plan indicates compliance with the parking requirement.
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
OTHER CONSIDERATIONS
The subject site lies within the Old National Highway Overlay District and the applicant will be required to comply with all applicable developmental standards specified within this portion of the Fulton County Zoning Resolution.
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 commercial use of the subject
site is inappropriate given the existing office-institutional uses in
the immediate area of the subject site, along the east side of
B.
Whether the zoning proposal will adversely affect the existing use
or usability of adjacent or nearby property.
FINDING: Staff is of the opinion that the commercial zoning
requested by the applicant would have an adverse affect on the existing use of
adjacent and nearby properties, and that office use of the subject site would be
more appropriate given the usage and zonings of properties in the immediate
area.
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: Staff is of the opinion that while the proposed commercial use may be consistent with the Comprehensive Plan Land Use Map, it is inconsistent with the surrounding land uses, the transition policy and intent of the Comprehensive Plan.
LAND USE PLAN MAP: Live-Work Neighborhood
Proposed use/density: Exterminating business office in an existing structure/2,301.45 square feet per acre
The
Comprehensive Plan Land Use Map suggests the subject site and surrounding areas
along
PLAN POLICIES:
Direct future non-residential development to highway interchanges and intersections of major roads in a pattern of mixed-use activity nodes.
Provide for the transition of land uses from higher to lower intensities and between different land uses.
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 in the immediate area of the subject site and
adopted transitional land use policies do not support the applicant's request
for a commercial zoning designation.
CONCLUSION:
Given the existing office-institutional uses and zonings
along the east side of Old National Highway (SR 279) in the immediate vicinity
of the subject site, as well as the transitional nature of the site toward low
density single family residential uses to the east, Staff is of the opinion
that the proposed commercial use is inconsistent with Board and Plan policies.
Therefore, Staff is of the opinion that office-institutional zoning would be
more appropriate for the subject site and would provide an appropriate transition
of land use. Staff therefore recommends APPROVAL
CONDITIONAL, SUBSTITUTE O-I (Office-Institutional).
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 O-I (Office-Institutional) 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 to an office
in the existing 1,588 square foot structure at a density of 2,301.45 square
feet per acre. Any existing accessory structures may be used for accessory
uses. No modifications will be made to
the exterior of the structure(s), other than normal maintenance.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Department of Environment and Community Development on July 3, 2006. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. 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:
50 feet from
centerline of
b. Reduce the landscape strips, buffers, and building setbacks to the extent necessary to allow the existing structure to remain.
4. To the owner's agreement to abide by
the following:
a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP.
c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.
d. Prior to submitting
the application for an LDP, the developer and/or engineer shall submit to the
SWMP, through the Development Review Division, a project Storm Water Concept
Plan. This concept plan shall indicate the preliminary location of the
storm water management facilities intended to manage the quality and quantity
of storm water. The concept plan shall specifically address the existing
downstream off-site drainage conveyance system(s) that the proposed development
surface runoff will impact, and the discharge path(s) from the outlet of the
storm water management facilities to the off-site drainage system(s) and/or
appropriate receiving waters. As part of the Storm Water Concept Plan
submittal, a preliminary capacity analysis shall be performed by the engineer
on the off-site drainage system(s) points of constraint. The capacity analysis
shall determine the capacity of all existing constraint points, such as pipes,
culverts, etc. from the point of storm water discharge at the proposed
development site boundary downstream to the confluence of the receiving
drainage course at a point where the drainage area is at least ten times the
proposed development site area and the next downstream drainage area having a
drainage area of fifty acres or more. The critical capacity points shall
be selected based upon the engineer's field observation, professional judgment,
and limited field survey data. The analysis shall identify the downstream
properties pre and post-development 100-year water surface elevations, and for
any post-development water surface elevation increase exceeding 0.05 feet, the
developer shall acquire the applicable offsite drainage easement to accommodate
the 100-year storm flow through impacted properties. Where
e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.
f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.
i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.
k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.
l. The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.
m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other than minimal incidental flows shall be specifically approved by the Director of Public Works. Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.
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.
ALTERNATE
CONDITIONS
If this petition is approved by the Board of Commissioners, it should be approved C-1 (Community Business) 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 to retail/office
in the existing 1,588 square foot structure at a density of 2,301.45 square
feet per acre. Any existing accessory structures may be used for accessory
uses. No modifications will be made to
the exterior of the structure(s), other than normal maintenance.
2. To the owner's agreement to abide by the following:
a. To the site plan received by the Department of Environment and Community Development on July 3, 2006. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to abide by the following traffic requirements, dedications and improvements:
a. 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:
50 feet from
centerline of
b. Reduce the landscape strips, buffers, and building setbacks to the extent necessary to allow the existing structure to remain.
4. To the owner's agreement to abide by
the following:
a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit.
b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP.
c. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals.
d. Prior to submitting
the application for an LDP, the developer and/or engineer shall submit to the
SWMP, through the Development Review Division, a project Storm Water Concept
Plan. This concept plan shall indicate the preliminary location of the
storm water management facilities intended to manage the quality and quantity
of storm water. The concept plan shall specifically address the existing
downstream off-site drainage conveyance system(s) that the proposed development
surface runoff will impact, and the discharge path(s) from the outlet of the
storm water management facilities to the off-site drainage system(s) and/or
appropriate receiving waters. As part of the Storm Water Concept Plan
submittal, a preliminary capacity analysis shall be performed by the engineer
on the off-site drainage system(s) points of constraint. The capacity
analysis shall determine the capacity of all existing constraint points, such as
pipes, culverts, etc. from the point of storm water discharge at the proposed
development site boundary downstream to the confluence of the receiving
drainage course at a point where the drainage area is at least ten times the
proposed development site area and the next downstream drainage area having a
drainage area of fifty acres or more. The critical capacity points shall
be selected based upon the engineer's field observation, professional judgment,
and limited field survey data. The analysis shall identify the downstream
properties pre and post-development 100-year water surface elevations, and for
any post-development water surface elevation increase exceeding 0.05 feet, the
developer shall acquire the applicable offsite drainage easement to accommodate
the 100-year storm flow through impacted properties. Where
e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre-development sheet flow conditions. A description of the method proposed to achieve post-development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse.
f. A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan.
g. The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed, and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended.
h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit, or Building Permit associated with the development.
i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan.
j. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit.
k. With the application for an LDP, provide documentation (such as channel cross-sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post-development channel bank protection measures.
l. The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre-development conditions for the 1-year frequency storm event, up to and including the ten (10)-year frequency storm event.
m. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development. The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of storm water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other than minimal incidental flows shall be specifically approved by the Director of Public Works. Bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement. Final plans shall provide for collection, conveyance and treatment of all approved incidental flows from developed lots or parcels, individual residences or building structures.
n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection, in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment shall be 48 hours.
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.
APPENDIX
COMMENTS ON PUBLIC SERVICES AND UTILITIES
NOTE:
Various
Road name:
Classification: Minor Arterial
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 55 trips
per day
Peak Hour: 81 trips
HEALTH DEPARTMENT:
This
facility must comply with the Fulton County Clean Indoor Air Ordinance.
WATER AND WASTEWATER (SEWER):
WATER:
Anticipated water demand: 300 ga