PROPOSED ZONING O-I (OFFICE-INSTITUTIONAL)
- 2,654.87 SQUARE FEET PER
PROPOSED USE COMMUNITY CENTER - 6,000 SQUARE FEET
EXISTING ZONING C-1 (COMMUNITY BUSINESS) - 73Z-187 SFC
SUB C (RESIDENTIAL)
EXISTING USE UNDEVELOPED
LAND USE MAP NEIGHBORHOOD LIVE WORK
LOCATION
220.23 FEET OF FRONTAGE
264.43 FEET OF FRONTAGE
404.97 FEET OF FRONTAGE
PARCEL SIZE 2.26 ACRES
SMALL AREA 602
LL 62, DISTRICT 13
COMMISSION DISTRICT 7
OWNER JAMES LEE ET AL
PETITIONER VOITURE LOCALE 217
REPRESENTATIVE STEVE PULVER & BRENDA JOHNSON
APPLICANT'S INTENT To develop a 6,000 square foot community center on 2.26 acres at a density of 2,654.87 square feet per acre. In addition, the applicant is seeking a 2-part concurrent variance as follows:
Part
1. To allow the required 20-foot
landscape strip along
Part 2. To delete the required 10-foot landscape strip along the north property line in the area of the detention pond in lieu of the required 20-foot landscape strip planted to buffer standards around the detention pond. (Article 4.23.1.)
Department of Environment
and Community Development
Recommendation
Community Zoning Board Recommendation
September 19, 2006
SUBJECT SITE AND SURROUNDING AREA:
SUBJECT SITE: The western portion of the 2.26 acre site is zoned SUB C (Residential) and the eastern portion is part of a larger parcel zoned C-1 (Community Business), pursuant to 73Z-187 SFC, approved for commercial use in an existing structure. The structure has since been removed and the site is currently undeveloped.
NEARBY AND ADJACENT PROPERTIES/ZONINGS: NON-RESIDENTIAL
** North - Use: Undeveloped
Petition: 73Z-187 SFC
Zone: C-1 (Community Business)
Density: Commercial use in existing structure
** West - Use: Undeveloped
Petition: Z73-174 SFC
Zone: C-1 (Community Business)
Density: None Stated
** Further West - Use: Undeveloped
Petition: Z73-143
Zone: C-1 (Community Business)
Density: None Stated
** Further West - Use: Undeveloped
Zone: C-2 (Commercial)
Density: None Stated
** North & Further West - Use: Single Family Residences (Existing)
Zone: SUB C (Residential)
Density: None Stated
** North & East - Use: Single Family Residences (Existing)
Zone: R-3 (Residential)
Density: None Stated
** Further Northwest & Further Southwest - Use: Single Family Residences (Existing)
Zone: AG-1 (Agricultural)
** Further West - Use: Royal English Oaks (Existing)
Petition: Z67-077 SFC
Zone: A-1 (Apartment)
Density: None Stated
MISCELLANEOUS USES AND ZONINGS IN THE AREA:
** South & Further
East - City of
** Further West & Further South - Interstate 285
** Further South - Interstate 85
** There have been no RECENT DENIALS in the immediate area.
SITE PLAN ANALYSIS:
Based on the applicant's site plan submitted to the Department of Environment and Community Development on July 21, 2006, Staff offers the following considerations:
The applicant is seeking to
rezone the subject site from SUB C (Residential) and C-1 (Community Business)
to O-I (Office-Institutional) to develop a 6,000 square foot community center
on 2.26 acres at a density of 2,654.87 square feet per acre. The Comprehensive Land Use Plan Map suggests
Neighborhood Live Work for the subject site and areas along the north side of
Article 8.1.3 of the Zoning Resolution requires the following building setbacks for the subject site.
40-foot front yard setback along
40-foot front yard setback along
40-foot side yard setback along
20-foot side yard along the north property line
Staff notes that Article 4.23.1 requires landscape strips and buffers which do not allow permanent structures. Therefore, a 35-foot setback is required along the north property line which is common to property zoned SUB C (Residential). The site plan shows compliance with the requirements.
20-foot landscape strip along
20-foot landscape strip along
10-foot landscape strip along
10-foot landscape strip along the north property line adjacent to C-1 (Community Business) zoned property
25-foot landscape strip and 10-foot improvement setback adjacent to SUB C (Residential) zoned property
The applicant is seeking the following relief from the requirements.
Part 1 - To allow the required
20-foot landscape strip along
Part 2 - To delete the required 10-foot landscape strip along the north property line in the area of the detention pond in lieu of the required 20-foot landscape strip planted to buffer standards around the detention pond.
Due to the narrow configuration of the site, the applicant requests that the buffer required around the detention pond also serve as the required landscape strip in the areas where they overlap as shown on the site plan. Staff is of the opinion that the applicant has proven a hardship based on the site configuration and recommends APPROVAL CONDITIONAL for all parts of the concurrent variance. Staff is of the opinion that the applicant can comply with the remaining requirements.
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 applicant is proposing a 1-story building. Staff is of the opinion that the height is appropriate given the existing single family residences to the north. Staff has included the 1-story building height 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 N VIEW OF THE USE AND DEVELOPMENT OF ADJACENT AND NEARBY PROPERTY.
FINDING: The
proposed community center, if developed with Staff's Recommended Conditions, is
suitable for the subject site given the anticipated developments consistent with live
work along
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.
E. WHETHER THE ZONING PROPOSAL IS IN CONFORMITY WITH THE POLICIES AND INTENT OF THE LAND USE PLAN.
FINDING: The proposed community center is consistent with the policies and intent of the Comprehensive Plan, provided the Recommended Conditions are incorporated into the development.
LAND USE PLAN MAP: Neighborhood Live Work
Proposed use/density: Community Center/ 2,654.87 square feet per acre
The
Comprehensive Land Use Plan Map suggests neighborhood live work north, east,
and west of the subject site.
Residential use at a density of 2 to 3 units per acre is suggested further
north of the site. Industrial use is
suggested on the south side of
PLAN POLICIES:
Guide new development, redevelopment and infill development to Live Work areas, activity nodes and community centers.
Encourage appropriate building heights which are compatible with the surrounding area and are consistent with transitional and other land use policies.
Provide for the establishment of permanent buffers separating community services, residential neighborhoods and other areas of low intensity use from high intensity uses, activity nodes and high volume major highways.
Encourage development in areas where basic public facilities exist or are being improved, and discourage development in areas which would require inefficient or uneconomical extension of public facilities.
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 adopted live work land use policies support this request for the community
center development.
G. WHETHER
THE ZONING PROPOSAL WILL PERMIT A USE WHICH CAN BE CONSIDERED ENVIRONMENTALLY
ADVERSE TO THE NATURAL RESOURCES, ENVIRONMENT AND CITIZENS OF
FINDING: The proposed
development is not considered environmentally adverse affecting natural resources,
the environment, or the citizens of
CONCLUSION:
Provided Staff's Recommended Conditions are incorporated
into the development of the site, the proposed petition for office zoning is
consistent with the policies and intent of the Comprehensive Plan and with
zoning approvals in the area. Therefore,
Staff recommends this petition and all parts of the concurrent variance be APPROVED
CONDITIONAL subject to the attached Recommended Conditions.
COMMUNITY ZONING BOARD RECOMMENDATION
On September 19, 2006, the Community Zoning Board recommended APPROVAL
CONDITIONAL of the petition and all parts of the concurrent variance
subject to the attached Recommended Conditions.
No opposition was present at the meeting.
RECOMMENDED CONDITIONS
1. To the owner's agreement to restrict the use of the subject property as follows:
a. Community center and accessory uses at a maximum density of 2,654.87 square feet of gross floor area per acre zoned or a total gross floor area of 6,000 square feet, whichever is less.
b. Limit the height of the building to no more than 1 story.
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 21, 2006. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. In the event the Recommended Conditions of Zoning cause the approved site plan to be substantially different, the applicant shall be required to complete the concept review procedure prior to application for a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy.
3. To the owner's agreement to the following site development considerations:
a. Allow the required
20-foot landscape strip along
b. Delete the required 10-foot landscape strip along the north property line in the area of the detention pond in lieu of the required 20-foot landscape strip planted to buffer standards around the detention pond. (2006VC-0118, Part 2)
c. The building shall be constructed with acoustical reduction structural design to maintain an interior noise level of 50 decibels or less within the structure.
4. 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:
25 feet from
centerline of
30 feet from
centerline of
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
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:
Level of Service: C or better
Road name:
Classification:
Level of Service: C or better
Road name:
Classification: Arterial Collector
Level of Service: C or better
Anticipated Traffic Generation Rates:
Average: 55
trips per day
Peak Hour: 21 trips
HEALTH
DEPARTMENT:
The Fulton County Health Department recommends that
the applicant be required to connect the proposed development to public water
and public sanitary sewer available to the site.
Since this proposed development is a public and/or
place of employment, compliance is required by the Fulton County Health
Department with the Clean Indoor Air Ordinance.
The Ordinance requires the posting of adequate signage for a smoke free
area. A designated smoking area may be
established at the discretion of the owner in accordance with this ordinance.
If this proposed development includes a food service
facility, the owner must submit kitchen plans for review and approval by this department
before issuance of a building permit and beginning construction. The owner must obtain a food service permit
prior to opening.
This
department is requiring that plans indicating the number and location of
outside refuse containers along with typical details of the pad and approach
area for the refuse containers be submitted for review and approval.
WATER
AND
WASTEWATER (SEWER):
WATER:
Anticipated water demand: 389 gallons per day
This project is within the City of
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: Morning Creek
Treatment Plant: Camp Creek
Anticipated sewer demand: 350 gallons per day
The nearest wastewater pipeline to this project is
+/-25 linear feet located in Land Lot 62, District 13.
Comments: This information does not guarantee that
adequate sewer capacity is available at this time or will be available upon
application of permits. Please contact the Department of Public Works for more
information.
DRAINAGE:
Flood Plain: F.I.R.M. Panel No.
13121C0476E. Zero percent Floodplain.
BOARD OF EDUCATION:
No Comment.
TAX ASSESSOR:
Property Tax ID#: 13-0062-LL-018-1,
13-0062-LL-054-6
Taxes on the subject property are
up-to-date.
FIRE MARSHAL:
Fire Station: 1
Battalion: 1
Impact: Will increase water
demands. Will increase road congestion.
POLICE DEPARTMENT ZONING IMPACT
STATEMENT:
Beat: 27
Impact Statement on Beat:
Current calls for service: 11,011
Projected calls for service: Unknown
**** Current average response time: 9
minutes
** Increase in the number of residents: 12
* Increase in E-911 calls for service (police, fire, E.M.S.): 30
*** Increase in the number of traffic
accidents: 0.6
PROJECTED IMPACT ON DEMAND FOR POLICE
SERVICES:
It is the policy of the Fulton County
Police Department to answer all calls for service regardless of the impact of a
particular development. However, two of the most noticeable indicators of the
quality of police service will be as follows: As demands for service increase,
police response time to calls will increase. Time available for proactive
neighborhood/business patrol will decrease and crime prevention efforts will
decline.
The Police Department does anticipate a
significant impact on demand for police services.
* Based on 1998 population of 222,794
and 1998 total calls for service of 584,054 (194,242 for police services).
** Based on average single family
residence population of four, average apartment population of two and 1.96
persons per 1,000 gross square feet of space.
*** Based on 1998 accident calls of 8,009.
**** Based on average response time of 10.7
minutes (North Fulton) and 8 minutes (
***** Based on average of two (2) cars per
single family residence.
Note: The demand for police service is
determined by socio-economic, legislative and other forces which do not lend
themselves to predictability. Therefore, projections are made from historical
data only. (There has been a 13.96% increase in calls for police service from
1996 to 1997)
EMERGENCY
SERVICES:
If zoning petition is approved there
will be an increase in E911 call volume.
The increase may negatively affect the Department's call answering speed
and service level.
Increased traffic volume without road
improvements may increase response times of emergency response vehicles thereby
reducing effective delivery of emergency services.
CITY
OF
The proposed project is located approximately 2.0
miles west of the Airport.
Is the proposed project located under protected
airspace for the Airport?
Yes-X No
If yes, the development
will require the completion of Federal Aviation Administration (FAA) form
7460-1, Notice of Proposed Construction or Alteration.
Is the proposed project located within an area of
significant (65 DNL or higher) aircraft noise exposure? {Based on Estimated 2010 Noise Exposure
Contours}
If yes, is the proposed land-use deemed compatible
according to CFR Title 14, Part 150?
Yes-X No
For complete information regarding the location of
the property in question relative to aircraft noise exposure and the aircraft
operational environment please refer to the DOA NOMS Developer's Pack on file
at the